Misc 2017-2020
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**$50 FOR YOUR .02 "SENSE"**
In the Bonanza on August 31, 2017, our General Manager Steve Pinkerton stated: "Summer is also the season when we wrap up another budget year. Led by a great season at Diamond Peak, our pre-audit overall district budget revenue exceeded our original budget by more than $4 million, and the net operating sources also exceeded the original budget by more than $4 million to the good."
Please help us figure out what the second sentence consisting of 40 words means.
Any one responding with their answer will be included in a drawing for a $50.00 gift card to Starbucks. Only one winner no matter what. The drawing will take place at the Community Forum on September 5, 2017 to be held at Sierra Nevada College at 6:30 pm. Winner must be present to win.
This is not a trick question but we want everyone to participate in an interpretation. Deadline is by 3:00 pm on Tuesday.
Lets have some fun.
#Misc
In the Bonanza on August 31, 2017, our General Manager Steve Pinkerton stated: "Summer is also the season when we wrap up another budget year. Led by a great season at Diamond Peak, our pre-audit overall district budget revenue exceeded our original budget by more than $4 million, and the net operating sources also exceeded the original budget by more than $4 million to the good."
Please help us figure out what the second sentence consisting of 40 words means.
Any one responding with their answer will be included in a drawing for a $50.00 gift card to Starbucks. Only one winner no matter what. The drawing will take place at the Community Forum on September 5, 2017 to be held at Sierra Nevada College at 6:30 pm. Winner must be present to win.
This is not a trick question but we want everyone to participate in an interpretation. Deadline is by 3:00 pm on Tuesday.
Lets have some fun.
#Misc
Sep 03, 2017 7:56:30pm
The odds are good as of right now, so chime in on helping us figure out this statement and you could win $50 to Starbucks!
Updated Sep 05, 2017 8:46:17am
Our Village Voice updated their status.
IVGID Chairwoman Kenda Wong keeps pushing hard on getting this Parasol deal done for the monetary benefit of Parasol.
At the last Board Meeting on September 13, 2017, she opens the discussion on Parasol starting with the history of what has transpired over the past six months and then decides that there are five questions (really six) which must be answered by the Board.
After she reads off the questions, which are listed below, each and every other Trustee provides comments that Wong's questions are not important at this time but the outstanding legal questions need to be addressed first. Trustee Morris made it explicitly clear that the legal questions must be answered first before any more effort is put into this transaction.
Now keep in mind, at the meeting two weeks earlier, the Board decided to seek a LEGAL OPINION of Megan Fogarty, Esq. of the law firm Holland and Hart on three important issues. It appears from the write up in that Board Packet, which was prepared by Wong, that no legal opinion will be forthcoming and we will end up with some sort of a review. Dollars to Donuts, the three LEGAL questions below will remain unanswered.
To summarize the three main legal questions.
1) Is the 1999 amendment to the Covenants, Conditions and Restrictions which attach to IVGID's land, INVALID and therefore the lease between IVGID and Parasol should not have been executed?
2) Since the Parasol's proposal provides that IVGID pay the $5,500,000 purchase price in six installments, will the installment payments require four of the five Trustees to vote in favor of the payment terms?
3) Is Parasol in default of its lease with IVGID?
After the other four Trustees were finished with their remarks, Chair Wong then states that she will begin working with Staff to answer at least the first three questions that she initially suggested.
TALK ABOUT A DISCONNECT WITH OTHER MEMBERS OF THE BOARD.
WONG'S QUESTIONS
1a) Is there a justifiable need for additional recreation space?
1b) Is there a justifiable need for different administration space?
2) Are there other spaces in IV/CB, either for rent or purchase, that meet the needs of IVGID?
3) Would it be advantageous for IVGID to design and build space that meets our specific needs?
4) Is the Parasol proposal an economically viable option?
4) Are the terms and conditions of the Parasol proposal the most advantageous for IVGID?
#Misc
At the last Board Meeting on September 13, 2017, she opens the discussion on Parasol starting with the history of what has transpired over the past six months and then decides that there are five questions (really six) which must be answered by the Board.
After she reads off the questions, which are listed below, each and every other Trustee provides comments that Wong's questions are not important at this time but the outstanding legal questions need to be addressed first. Trustee Morris made it explicitly clear that the legal questions must be answered first before any more effort is put into this transaction.
Now keep in mind, at the meeting two weeks earlier, the Board decided to seek a LEGAL OPINION of Megan Fogarty, Esq. of the law firm Holland and Hart on three important issues. It appears from the write up in that Board Packet, which was prepared by Wong, that no legal opinion will be forthcoming and we will end up with some sort of a review. Dollars to Donuts, the three LEGAL questions below will remain unanswered.
To summarize the three main legal questions.
1) Is the 1999 amendment to the Covenants, Conditions and Restrictions which attach to IVGID's land, INVALID and therefore the lease between IVGID and Parasol should not have been executed?
2) Since the Parasol's proposal provides that IVGID pay the $5,500,000 purchase price in six installments, will the installment payments require four of the five Trustees to vote in favor of the payment terms?
3) Is Parasol in default of its lease with IVGID?
After the other four Trustees were finished with their remarks, Chair Wong then states that she will begin working with Staff to answer at least the first three questions that she initially suggested.
TALK ABOUT A DISCONNECT WITH OTHER MEMBERS OF THE BOARD.
WONG'S QUESTIONS
1a) Is there a justifiable need for additional recreation space?
1b) Is there a justifiable need for different administration space?
2) Are there other spaces in IV/CB, either for rent or purchase, that meet the needs of IVGID?
3) Would it be advantageous for IVGID to design and build space that meets our specific needs?
4) Is the Parasol proposal an economically viable option?
4) Are the terms and conditions of the Parasol proposal the most advantageous for IVGID?
#Misc
Sep 20, 2017 6:11:51am
Abuse of Power and Cover Up
At the September 26th, 2017 IVGID Board of Trustees Meeting, Chair Wong and Legal Counsel Guinasso with the aid of Trustees Horan and Morris continued to subvert the rule of law and prevented Trustee Dent from discussing and initiating Board action on four agenda items which are important to our Citizens. Two of the items requested by Trustee Dent were to review the District’s policies on fulfilling public records requests and to engage an independent law firm to investigate the District’s retention and destruction of public records. The third was to increase public participation at Board Meetings by reinstating the public comment section prior to each agenda item. This policy was in place through August 2015 until Wong took over as Chair. The fourth item involved scheduling a future Board Meeting to consider the character, alleged misconduct and professional competence of IVGID GM Pinkerton and District Counsel Guinasso. In case you missed the Meeting, here’s what happened.
Although Board Policy 3.1.0.8 states: “The Chair will place on the Agenda any item requested by a fellow trustee” – Trustee Dent had to wait more than seven weeks for Chair Wong to follow the Board’s own policy. When Chair Wong asked the Board to approve the Agenda, Trustee Horan made a motion to remove the four agenda items and on a 3-2 vote Trustee Dent’s initiatives were removed. Voting against raising these issues for discussion and possible action is a good way to keep everything covered up while the District continues to conceal public records and trample upon every citizen’s right to ethical and competent governance.
#Misc
At the September 26th, 2017 IVGID Board of Trustees Meeting, Chair Wong and Legal Counsel Guinasso with the aid of Trustees Horan and Morris continued to subvert the rule of law and prevented Trustee Dent from discussing and initiating Board action on four agenda items which are important to our Citizens. Two of the items requested by Trustee Dent were to review the District’s policies on fulfilling public records requests and to engage an independent law firm to investigate the District’s retention and destruction of public records. The third was to increase public participation at Board Meetings by reinstating the public comment section prior to each agenda item. This policy was in place through August 2015 until Wong took over as Chair. The fourth item involved scheduling a future Board Meeting to consider the character, alleged misconduct and professional competence of IVGID GM Pinkerton and District Counsel Guinasso. In case you missed the Meeting, here’s what happened.
Although Board Policy 3.1.0.8 states: “The Chair will place on the Agenda any item requested by a fellow trustee” – Trustee Dent had to wait more than seven weeks for Chair Wong to follow the Board’s own policy. When Chair Wong asked the Board to approve the Agenda, Trustee Horan made a motion to remove the four agenda items and on a 3-2 vote Trustee Dent’s initiatives were removed. Voting against raising these issues for discussion and possible action is a good way to keep everything covered up while the District continues to conceal public records and trample upon every citizen’s right to ethical and competent governance.
#Misc
Updated Oct 03, 2017 8:30:48am
Oct 03, 2017 8:30:48am
Another OPPS by IVGID's attorney Jason Guinasso
This is getting expensive to educate him
Mr. Katz appealed his entire lawsuit against IVGID to the Nevada Supreme Court in mid 2016. Our outside attorneys submitted an answer to the appeal and vastly exceeded the number of words limited by the Supreme Court. As would be expected, the Supreme Court tossed out the answer and required it to be reduced in size and resubmitted. At the September 13, 2017 Board Meeting, the Trustees approved an agreement whereby Mr. Katz would pay IVGID the $241,000 judgment against him, however, Mr. Katz would be entitled to his money back if his appeal in the Supreme Court was successful. When the outside attorney was asked by a Trustee, what the costs were , he stated he did not know. Our lawyer Mr. Guinasso , without hesitation, stated it was $90,000. The amount was actually $142,155 in three invoices. There will be another bill. Why so much?. We had to pay for the extra words which were not allowed by the Supreme Court and pay again to remove them. The bigger question is WHY did Mr. Guinasso, who is also getting paid extra above his monthly retainer, allow the outside attorneys to break the rules of the Supreme Court by exceeding the word count by 100%? Sounds like a fleecing of the property owners. Get paid for doing something wrong and get paid again to correct the wrong. Cartoon curtesy of Mike Shapiro.
IVGID simply needs a new attorney quickly.
#Misc
This is getting expensive to educate him
Mr. Katz appealed his entire lawsuit against IVGID to the Nevada Supreme Court in mid 2016. Our outside attorneys submitted an answer to the appeal and vastly exceeded the number of words limited by the Supreme Court. As would be expected, the Supreme Court tossed out the answer and required it to be reduced in size and resubmitted. At the September 13, 2017 Board Meeting, the Trustees approved an agreement whereby Mr. Katz would pay IVGID the $241,000 judgment against him, however, Mr. Katz would be entitled to his money back if his appeal in the Supreme Court was successful. When the outside attorney was asked by a Trustee, what the costs were , he stated he did not know. Our lawyer Mr. Guinasso , without hesitation, stated it was $90,000. The amount was actually $142,155 in three invoices. There will be another bill. Why so much?. We had to pay for the extra words which were not allowed by the Supreme Court and pay again to remove them. The bigger question is WHY did Mr. Guinasso, who is also getting paid extra above his monthly retainer, allow the outside attorneys to break the rules of the Supreme Court by exceeding the word count by 100%? Sounds like a fleecing of the property owners. Get paid for doing something wrong and get paid again to correct the wrong. Cartoon curtesy of Mike Shapiro.
IVGID simply needs a new attorney quickly.
#Misc
Oct 03, 2017 9:30:00am
IVGID Trustees vote 3-2 to engage two law firms to keep Guinasso in the mix
Amazing as it may seem, Wong, Horan and Morris decided to engage two law firms instead on one to accommodate Guinasso after he decided to leave the RKG law firm and join another firm. Both Reese and Guinasso were present at the Board meeting. Reese (the leftover) indicated he personally could not be the sole lawyer because IVGID has too much bandwidth and IVGID really hired two human beings to provide the service not an LLC. Really? According to him, 'It's all about form over substance". We have trouble with that statement because the actual contract is with a law firm. Guinasso simply said "nothing would change". Two law firms instead of one, and no change? Seems like a change to us. There was no clarity of how a separation of duties would occur.
More important, Dent and Callicrate were somewhat surprised as the agenda provided five options but only the engagement of the two firms would be voted on. No discussion of the other options. Dent felt that with the recent reprimands by the Attorney General against Guinasso, plus leaving the RKG law firm, plus Reese being unable to fulfill the duties by himself, that it would be more appropriate for the Board to find a new law. Wong was unsure if a vote on the two law firms could take place and she indicated it should be put on a future agenda. Horan convinced her the agenda item was clear and complete and a vote should proceed. Morris provided his two cents that "changing the status quo" would be a problem and wanted to vote for the two law firms.
Boom! a 3 to 2 vote ensued and we have two law firms.
#Misc
Amazing as it may seem, Wong, Horan and Morris decided to engage two law firms instead on one to accommodate Guinasso after he decided to leave the RKG law firm and join another firm. Both Reese and Guinasso were present at the Board meeting. Reese (the leftover) indicated he personally could not be the sole lawyer because IVGID has too much bandwidth and IVGID really hired two human beings to provide the service not an LLC. Really? According to him, 'It's all about form over substance". We have trouble with that statement because the actual contract is with a law firm. Guinasso simply said "nothing would change". Two law firms instead of one, and no change? Seems like a change to us. There was no clarity of how a separation of duties would occur.
More important, Dent and Callicrate were somewhat surprised as the agenda provided five options but only the engagement of the two firms would be voted on. No discussion of the other options. Dent felt that with the recent reprimands by the Attorney General against Guinasso, plus leaving the RKG law firm, plus Reese being unable to fulfill the duties by himself, that it would be more appropriate for the Board to find a new law. Wong was unsure if a vote on the two law firms could take place and she indicated it should be put on a future agenda. Horan convinced her the agenda item was clear and complete and a vote should proceed. Morris provided his two cents that "changing the status quo" would be a problem and wanted to vote for the two law firms.
Boom! a 3 to 2 vote ensued and we have two law firms.
#Misc
Nov 26, 2017 9:36:49am
Our Village Voice updated their status.
DECEIT AND DENIAL
This is the story of an IVGID employee's sale of public land designated as open space to private buyers without Board approval or a public process and the subsequent denials of any wrongdoing by the General Manager and Legal Counsel. Since the story has many facets and is still unfolding, we thought it best to report it in three parts. Part 1 is a summary. Part II are the details. Part III (yet to come) provides an analysis of the Denials along with our informed conclusions. We hope you will share your insights, questions, and comments.
Part I – Summary
How can an IVGID employee who is entrusted with the District’s Finances, Technology and Risk Management make false representations to the Board and the County, take actions that invalidate his representations, and violate Nevada law AND NOT be held accountable?
In late December of 2017, the Reno Gazette Journal disclosed that IVGID Director of Finance Eick deceived Washoe County, the IVGID Board and our Citizens. Without seeking Board approval or providing public notice, Mr. Eick in defiance of Nevada Statutes unlawfully sold three parcels of public land designated as OPEN SPACE to private buyers of his choosing. He set the prices, signed the deeds and collected the money. These unbuildable parcels which carried Recreation and Beach privileges were not appraised nor advertised for public bid and the sales were never approved by the Board of Trustees. These parcels were part of 87 “tax delinquent” land parcels IVGID acquired from Washoe County at no cost for the public purpose of open space. In response to these disclosures and a letter from the Washoe County District Attorney, IVGID General Manager Pinkerton and Legal Counsel Guinasso issued a series of denials in the Bonanza, the District’s website and the Reno Gazette. We find these denials unsubstantiated by the known facts and believe that this matter warrants further investigation. Along with many of our citizens we stand with Washoe County Commissioner Berkbigler, IVGID Trustees Dent and Callicrate demanding answers!
Part II – The Details
In the interest of finding and reporting THE FACTS, we have reviewed IVGID and Washoe County Staff Memos, Board Packets and Minutes, IVGID Resolutions and Board Policies, Nevada Statutes, IVGID Comprehensive Annual Financial Reports and Washoe County Tax Assessor Records. Here are the details along with a few pauses for our questions and comments:
All 87 Parcels were zoned as “unbuildable.” Beginning as far back as 1986 Washoe County and other Taxes along with IVGID’s Recreation and Beach Fees were not paid. These delinquencies reached the astronomical sum of $800,000. The majority of these delinquent charges were Recreation and Beach Fees assessed by IVGID. The Washoe County Treasurer held these and other tax delinquent parcels in Trust and provided an opportunity for public entities to secure these parcels at no cost for public purposes as defined under NRS 361.603.
In July of 2012, the IVGID Board of Trustees approved a resolution to acquire 87 Washoe County tax delinquent unbuildable parcels for zero cost for the public purpose of Open Space as defined in NRS 361.603. Director of Finance Eick stated in his Memo to the Board that 69 of the tax delinquent parcels were on the Recreation Fee Roll causing a distortion in the District’s Budget and could not be removed from the Roll until the County transferred the parcels. According to Mr. Eick, IVGID’s primary purpose in acquiring the parcels was to remove them from the Recreation Roll and record the ownership of the parcels in the Community Services Fund.
Along with the Board’s Resolution, Mr. Eick represented to Washoe County that the 87 tax delinquent parcels would be used for the public purpose of Open Space as defined under NRS 361.603. In October of 2012, Washoe County under NRS 361.603(5) waived the $800,000 of delinquent back taxes and fees and transferred these parcels to IVGID for free.
SO, WHERE DID MR. EICK GO ASTRAY?
1. The more than $718,000 of delinquent Recreation and Beach Fees were never disclosed in ANY of the District’s Comprehensive Annual Financial Reports (“CAFR”).
2. In the same year the 87 parcels were acquired, Mr. Eick played fast and loose with his prior representations to the Board and our Citizens. Although he stated that all parcels would be placed in the Community Services Fund he disclosed in Note 4 on page 39 of the 2013 CAFR that only 78 of the Parcels would be held in the Community Services Fund. The remaining 9 parcels were placed in the General Fund as they could be “restored to a form that makes them buildable at some point in the future.” Placing these potentially buildable parcels carrying a higher value into the General Fund, a Fund that has no past financial interest in the parcels, is just plain wrong! Simply stated, Mr. Eick has enabled the General Fund to own land reclaimed for delinquent fees that it is not owed.
3. Playing Bait and Switch with the County, after having stated that the parcels would remain as Open Space he decided to sell them. Note 4 of the same CAFR states that the parcels “could be sold at some future point because they carry the ability to have recreation privileges while remaining unbuildable.” And there is one more EICK lie revealed in this short footnote. Although he stated to the Board and our Citizens that the purpose for acquiring these parcels was to remove them from the Recreation Rolls –opening the door to future sales, translated to putting them back on the Recreation Rolls.
4. In March and July of 2014, Mr. Eick sold two lots. In addition to his failure to consult with the County on selling the parcels designated as Open Space, he also chose to ignore NRS 318.160 which requires Board approval of the sale of public property. Instead, he decided the price and the terms. He determined who the brokers and buyers would be. He further contrived a worksheet with selective years of delinquent Recreation and Beach Fees to reflect his predetermined price. There is no correlation between the actual years and respective interest charges these parcels were delinquent and the calculations Mr. Eick came up with to justify the sales price. There was no public notice or appraisal. There was no disclosure in any of the Board Minutes citing the sale of these two parcels.
5. There is a new twist under Note 4 in the 2014 and 2015 CAFRs. First, the 87 parcels disclosed in the 2013 CAFR disappear in both years and there is no mention of the sale of any parcels. Instead, we learn in the 2014 CAFR that the District acquired 4 tax delinquent parcels which are held in the Community Services Fund. The 2015 CAFR discloses the acquisition of 1 tax delinquent parcel held in the Utility Fund. Any one reading the 2014 and 2015 CAFRs would not have an accurate accounting of the District’s acquisition of tax delinquent parcels.
6. Following the same unilateral decisions made in 2014, Mr. Eick in 2015 sold another lot without consultation or consent of the County and without Board approval or notification. Although, we have subsequently learned that both Mr. Pinkerton and Attorney Guinasso approved this sale before placing a moratorium on selling additional lots.
7. In the 2016 and 2017 CAFRs under Note 4, Mr. Eick states that there are approximately 80 parcels. He seems to have lost count.
8. In the 2016 and 2017 CAFRs under Note 4 Mr. Eick discloses that “these lands are not held for the purpose of income or profit.” This statement would indicate that the parcels would actually be held for the public purpose of open space and no longer be available for future sales. Yet, Mr. Guinasso stated at the December Board Meeting and on the District’s website and in his newspaper opinion piece that new policies would be developed in order to sell the parcels.
#Violations #Misc
This is the story of an IVGID employee's sale of public land designated as open space to private buyers without Board approval or a public process and the subsequent denials of any wrongdoing by the General Manager and Legal Counsel. Since the story has many facets and is still unfolding, we thought it best to report it in three parts. Part 1 is a summary. Part II are the details. Part III (yet to come) provides an analysis of the Denials along with our informed conclusions. We hope you will share your insights, questions, and comments.
Part I – Summary
How can an IVGID employee who is entrusted with the District’s Finances, Technology and Risk Management make false representations to the Board and the County, take actions that invalidate his representations, and violate Nevada law AND NOT be held accountable?
In late December of 2017, the Reno Gazette Journal disclosed that IVGID Director of Finance Eick deceived Washoe County, the IVGID Board and our Citizens. Without seeking Board approval or providing public notice, Mr. Eick in defiance of Nevada Statutes unlawfully sold three parcels of public land designated as OPEN SPACE to private buyers of his choosing. He set the prices, signed the deeds and collected the money. These unbuildable parcels which carried Recreation and Beach privileges were not appraised nor advertised for public bid and the sales were never approved by the Board of Trustees. These parcels were part of 87 “tax delinquent” land parcels IVGID acquired from Washoe County at no cost for the public purpose of open space. In response to these disclosures and a letter from the Washoe County District Attorney, IVGID General Manager Pinkerton and Legal Counsel Guinasso issued a series of denials in the Bonanza, the District’s website and the Reno Gazette. We find these denials unsubstantiated by the known facts and believe that this matter warrants further investigation. Along with many of our citizens we stand with Washoe County Commissioner Berkbigler, IVGID Trustees Dent and Callicrate demanding answers!
Part II – The Details
In the interest of finding and reporting THE FACTS, we have reviewed IVGID and Washoe County Staff Memos, Board Packets and Minutes, IVGID Resolutions and Board Policies, Nevada Statutes, IVGID Comprehensive Annual Financial Reports and Washoe County Tax Assessor Records. Here are the details along with a few pauses for our questions and comments:
All 87 Parcels were zoned as “unbuildable.” Beginning as far back as 1986 Washoe County and other Taxes along with IVGID’s Recreation and Beach Fees were not paid. These delinquencies reached the astronomical sum of $800,000. The majority of these delinquent charges were Recreation and Beach Fees assessed by IVGID. The Washoe County Treasurer held these and other tax delinquent parcels in Trust and provided an opportunity for public entities to secure these parcels at no cost for public purposes as defined under NRS 361.603.
In July of 2012, the IVGID Board of Trustees approved a resolution to acquire 87 Washoe County tax delinquent unbuildable parcels for zero cost for the public purpose of Open Space as defined in NRS 361.603. Director of Finance Eick stated in his Memo to the Board that 69 of the tax delinquent parcels were on the Recreation Fee Roll causing a distortion in the District’s Budget and could not be removed from the Roll until the County transferred the parcels. According to Mr. Eick, IVGID’s primary purpose in acquiring the parcels was to remove them from the Recreation Roll and record the ownership of the parcels in the Community Services Fund.
Along with the Board’s Resolution, Mr. Eick represented to Washoe County that the 87 tax delinquent parcels would be used for the public purpose of Open Space as defined under NRS 361.603. In October of 2012, Washoe County under NRS 361.603(5) waived the $800,000 of delinquent back taxes and fees and transferred these parcels to IVGID for free.
SO, WHERE DID MR. EICK GO ASTRAY?
1. The more than $718,000 of delinquent Recreation and Beach Fees were never disclosed in ANY of the District’s Comprehensive Annual Financial Reports (“CAFR”).
2. In the same year the 87 parcels were acquired, Mr. Eick played fast and loose with his prior representations to the Board and our Citizens. Although he stated that all parcels would be placed in the Community Services Fund he disclosed in Note 4 on page 39 of the 2013 CAFR that only 78 of the Parcels would be held in the Community Services Fund. The remaining 9 parcels were placed in the General Fund as they could be “restored to a form that makes them buildable at some point in the future.” Placing these potentially buildable parcels carrying a higher value into the General Fund, a Fund that has no past financial interest in the parcels, is just plain wrong! Simply stated, Mr. Eick has enabled the General Fund to own land reclaimed for delinquent fees that it is not owed.
3. Playing Bait and Switch with the County, after having stated that the parcels would remain as Open Space he decided to sell them. Note 4 of the same CAFR states that the parcels “could be sold at some future point because they carry the ability to have recreation privileges while remaining unbuildable.” And there is one more EICK lie revealed in this short footnote. Although he stated to the Board and our Citizens that the purpose for acquiring these parcels was to remove them from the Recreation Rolls –opening the door to future sales, translated to putting them back on the Recreation Rolls.
4. In March and July of 2014, Mr. Eick sold two lots. In addition to his failure to consult with the County on selling the parcels designated as Open Space, he also chose to ignore NRS 318.160 which requires Board approval of the sale of public property. Instead, he decided the price and the terms. He determined who the brokers and buyers would be. He further contrived a worksheet with selective years of delinquent Recreation and Beach Fees to reflect his predetermined price. There is no correlation between the actual years and respective interest charges these parcels were delinquent and the calculations Mr. Eick came up with to justify the sales price. There was no public notice or appraisal. There was no disclosure in any of the Board Minutes citing the sale of these two parcels.
5. There is a new twist under Note 4 in the 2014 and 2015 CAFRs. First, the 87 parcels disclosed in the 2013 CAFR disappear in both years and there is no mention of the sale of any parcels. Instead, we learn in the 2014 CAFR that the District acquired 4 tax delinquent parcels which are held in the Community Services Fund. The 2015 CAFR discloses the acquisition of 1 tax delinquent parcel held in the Utility Fund. Any one reading the 2014 and 2015 CAFRs would not have an accurate accounting of the District’s acquisition of tax delinquent parcels.
6. Following the same unilateral decisions made in 2014, Mr. Eick in 2015 sold another lot without consultation or consent of the County and without Board approval or notification. Although, we have subsequently learned that both Mr. Pinkerton and Attorney Guinasso approved this sale before placing a moratorium on selling additional lots.
7. In the 2016 and 2017 CAFRs under Note 4, Mr. Eick states that there are approximately 80 parcels. He seems to have lost count.
8. In the 2016 and 2017 CAFRs under Note 4 Mr. Eick discloses that “these lands are not held for the purpose of income or profit.” This statement would indicate that the parcels would actually be held for the public purpose of open space and no longer be available for future sales. Yet, Mr. Guinasso stated at the December Board Meeting and on the District’s website and in his newspaper opinion piece that new policies would be developed in order to sell the parcels.
#Violations #Misc
Jan 19, 2018 8:46:07am
Duffield Family funds the Boys & Girls Club of North Lake Tahoe – Duffield Youth Program Incline Village
We are pleased to report that the Boys & Girls Club will now provide youth programs in Incline Village. On February 9, 2018 a Ribbon Cutting Ceremony will be held at the Incline Elementary School . The event l begins at 3:00 PM
We are thrilled to see a local community member support a nationwide program.
The program will provide Kindergarten through 5th grade students with after school activities Monday through Friday from 3:30PM to 6:30 PM. According to the website the ANNUAL FEE is $100 for kinder care and $50 for 1st to 5th grade.
The Boys and Girls Club Mission Statement : "To inspire and enable all young people, especially those who need us most, to realize their full potential as productive, responsible, and caring citizens."
We wish all involved the greatest success.
We cannot help but mention that one of IVGIDs reasons for buying the Parasol building was to offer after school programs and summer camps. Maybe they should forget about it and leave it to the Boys and Girls Club with the Duffield family support to care for our youth in the afternoon hours when school is out and over the summer months.
#Misc
We are pleased to report that the Boys & Girls Club will now provide youth programs in Incline Village. On February 9, 2018 a Ribbon Cutting Ceremony will be held at the Incline Elementary School . The event l begins at 3:00 PM
We are thrilled to see a local community member support a nationwide program.
The program will provide Kindergarten through 5th grade students with after school activities Monday through Friday from 3:30PM to 6:30 PM. According to the website the ANNUAL FEE is $100 for kinder care and $50 for 1st to 5th grade.
The Boys and Girls Club Mission Statement : "To inspire and enable all young people, especially those who need us most, to realize their full potential as productive, responsible, and caring citizens."
We wish all involved the greatest success.
We cannot help but mention that one of IVGIDs reasons for buying the Parasol building was to offer after school programs and summer camps. Maybe they should forget about it and leave it to the Boys and Girls Club with the Duffield family support to care for our youth in the afternoon hours when school is out and over the summer months.
#Misc
Feb 09, 2018 8:08:16am
Our Village Voice updated their status.
Nevada Supreme court upholds the lower Districts court decisions in the Katz case
On February 26, 2018 the Supreme Court reviewed the appeal by Mr. Aaron Katz on four lower court orders and ten claims for relief. ALL decisions of the lower court were UPHELD.. Regarding the ten claims for Relief, the Supreme Court stated: "Although those claims sought various form of declaratory relief, the district court determined that the statutes that formed the basis for those claims did not authorize a private right of action" The relief Mr. Katz sought dealt with access to public records and standing (the ability) to force an action by the District .
It appears this 7 to 8 year saga may be drawing to a close.
That being said, Mr. Katz has one more right of appeal to the Supreme Court.
From our view and past experiences litigation has no end. Reasonable people must come to a compromise. This case was not about money but instead about the exploration and extent of citizens rights under NRS statutes.
Mr. Katz still has an appeal pending with the Supreme Court on the judgment for harassment against him issued by the lower court. The approximately $250,000 Mr. Katz was required to pay to satisfy the judgment is conditioned on the outcome of the appeal. IVGID will receive the money if the Supreme Court upholds the lower courts judgment. In turn if the Supreme Court rules for Mr. Katz, the money will be returned to him. We do not know when this appeal will be heard.
#Misc
On February 26, 2018 the Supreme Court reviewed the appeal by Mr. Aaron Katz on four lower court orders and ten claims for relief. ALL decisions of the lower court were UPHELD.. Regarding the ten claims for Relief, the Supreme Court stated: "Although those claims sought various form of declaratory relief, the district court determined that the statutes that formed the basis for those claims did not authorize a private right of action" The relief Mr. Katz sought dealt with access to public records and standing (the ability) to force an action by the District .
It appears this 7 to 8 year saga may be drawing to a close.
That being said, Mr. Katz has one more right of appeal to the Supreme Court.
From our view and past experiences litigation has no end. Reasonable people must come to a compromise. This case was not about money but instead about the exploration and extent of citizens rights under NRS statutes.
Mr. Katz still has an appeal pending with the Supreme Court on the judgment for harassment against him issued by the lower court. The approximately $250,000 Mr. Katz was required to pay to satisfy the judgment is conditioned on the outcome of the appeal. IVGID will receive the money if the Supreme Court upholds the lower courts judgment. In turn if the Supreme Court rules for Mr. Katz, the money will be returned to him. We do not know when this appeal will be heard.
#Misc
Mar 12, 2018 10:40:42am
Our Village Voice updated their status.
Outsized bonus for employee willing to commit felony-level crime by concealing public records?
At the Incline Village General Improvement District, a total of $9,850 in “You Make a Difference” bonuses was handed out to 9 of its 130 employees. IVGID public records officer Susan Herron received the lion’s share, collecting $5,750 — or nearly 60 percent of the total — on top of her $90,000 salary.
While the bonus is described as being awarded to employees who demonstrate “exemplary” performance, the agency refuses to disclose any more specifics than that. Herron’s outsized bonus raises serious questions, given her involvement in the felony-level crime of concealing public records, as previously reported in Nevada Journal.
NPRI reported that blatantly illegal policy to the Attorney General’s Office in early September 2017, but it does not appear as if any action has been taken to date.
Click here to view the full IVGID dataset. Transparentnevada.com/salaries/2017/incline-village-general-improvement-district
“NPRI is proud to celebrate Sunshine Week and continue our efforts to keep Nevada governments accountable to the very citizens they are supposed to serve.”
To view the just-released 2017 salary data in a searchable and downloadable format, please visit TransparentNevada.com.
For more information, please contract NPRI transparency director Robert Fellner at 702.222.0642 or via email at RF@NPRI.ORG.
#Misc
At the Incline Village General Improvement District, a total of $9,850 in “You Make a Difference” bonuses was handed out to 9 of its 130 employees. IVGID public records officer Susan Herron received the lion’s share, collecting $5,750 — or nearly 60 percent of the total — on top of her $90,000 salary.
While the bonus is described as being awarded to employees who demonstrate “exemplary” performance, the agency refuses to disclose any more specifics than that. Herron’s outsized bonus raises serious questions, given her involvement in the felony-level crime of concealing public records, as previously reported in Nevada Journal.
NPRI reported that blatantly illegal policy to the Attorney General’s Office in early September 2017, but it does not appear as if any action has been taken to date.
Click here to view the full IVGID dataset. Transparentnevada.com/salaries/2017/incline-village-general-improvement-district
“NPRI is proud to celebrate Sunshine Week and continue our efforts to keep Nevada governments accountable to the very citizens they are supposed to serve.”
To view the just-released 2017 salary data in a searchable and downloadable format, please visit TransparentNevada.com.
For more information, please contract NPRI transparency director Robert Fellner at 702.222.0642 or via email at RF@NPRI.ORG.
#Misc
Mar 13, 2018 12:02:38pm
Our Administration
According to TransparentNevada.com/salaries/2017/incline-village-general-improvement-district . For 2017, IVGID has reported 125 employees which we assume are full time and 5 Trustees.
13 employees earn over $120,000 annually in salaries, benefits and other pay (See list below). 14 between $100,000 and $120,000 and 27 between $80,000 and $100,000. That's 54 employees representing 41% of all employees.
Name, Job title
Total pay, Total benefits, Total pay&benefits
Joseph J Pomroy DIRECTOR OF PUBLIC WORKS
$159,125.10 $51,943.12 $211,068.22
Bradley A Johnson DIRECTOR OF ENG & ASSET MGMT
$157,033.99 $51,930.94 $208,964.93
Steven J Pinkerton GENERAL MANAGER
$165,942.28 $35,724.59 $201,666.87
Gerald W Eick DIRECTOR OF FINANCE
$140,729.78 $42,574.86 $183,304.64
Richard Charles Miller PRINCIPAL ENGINEER
$123,550.50 $36,463.82 $160,014.32
Mike Lee Bandelin SKI RESORT GENERAL MANAGER
$115,104.77 $38,346.74 $153,451.51
Indra S Winquest DIRECTOR OF PARKS & RECREATION
$109,555.74 $41,170.70 $150,726.44
Jeffrey R Clouthier GROUNDS SUPERINT. GOLF COURSES
$103,212.45 $40,828.72 $144,041.17
Dee Carey DIR HUMAN RESOURCES
$98,002.27 $39,887.55 $137,889.82
Michael T Lefrancois SENIOR ENGINEER
$97,427.54 $37,323.13 $134,750.67
Robert R Lochridge UTILITIES SUPERINTENDENT
$100,321.48 $32,471.36 $132,792.84
Susan A Herron EXECUTIVE ASST/DISTRICT CLERK
$96,712.21 $34,751.75 $131,463.96
Carl Strohschein SENIOR ELECT/INSTR. TECH
$90,716.51 $36,350.23 $127,066.74
If you want to see the entire list, go to TransparentNevada.com/salaries/2017/incline-village-general-improvement-district
#Misc
According to TransparentNevada.com/salaries/2017/incline-village-general-improvement-district . For 2017, IVGID has reported 125 employees which we assume are full time and 5 Trustees.
13 employees earn over $120,000 annually in salaries, benefits and other pay (See list below). 14 between $100,000 and $120,000 and 27 between $80,000 and $100,000. That's 54 employees representing 41% of all employees.
Name, Job title
Total pay, Total benefits, Total pay&benefits
Joseph J Pomroy DIRECTOR OF PUBLIC WORKS
$159,125.10 $51,943.12 $211,068.22
Bradley A Johnson DIRECTOR OF ENG & ASSET MGMT
$157,033.99 $51,930.94 $208,964.93
Steven J Pinkerton GENERAL MANAGER
$165,942.28 $35,724.59 $201,666.87
Gerald W Eick DIRECTOR OF FINANCE
$140,729.78 $42,574.86 $183,304.64
Richard Charles Miller PRINCIPAL ENGINEER
$123,550.50 $36,463.82 $160,014.32
Mike Lee Bandelin SKI RESORT GENERAL MANAGER
$115,104.77 $38,346.74 $153,451.51
Indra S Winquest DIRECTOR OF PARKS & RECREATION
$109,555.74 $41,170.70 $150,726.44
Jeffrey R Clouthier GROUNDS SUPERINT. GOLF COURSES
$103,212.45 $40,828.72 $144,041.17
Dee Carey DIR HUMAN RESOURCES
$98,002.27 $39,887.55 $137,889.82
Michael T Lefrancois SENIOR ENGINEER
$97,427.54 $37,323.13 $134,750.67
Robert R Lochridge UTILITIES SUPERINTENDENT
$100,321.48 $32,471.36 $132,792.84
Susan A Herron EXECUTIVE ASST/DISTRICT CLERK
$96,712.21 $34,751.75 $131,463.96
Carl Strohschein SENIOR ELECT/INSTR. TECH
$90,716.51 $36,350.23 $127,066.74
If you want to see the entire list, go to TransparentNevada.com/salaries/2017/incline-village-general-improvement-district
#Misc
Updated Sep 28, 2018 11:31:56am
Mar 13, 2018 7:37:41pm
Our Village Voice updated their status.
IVGID Board Settles Lawsuit that GM Pinkerton filed Against FlashVote
So what will the General Manager’s crazy logic have achieved with his discretionary litigation against FlashVote and the Board approved settlement?
1) Close to $50,000 of public money will have been paid out in legal fees to Counsel Guinasso and Reese. This amount is in addition to Counsels’ 10,000 per month retainer fee.
2) IVGID will donate $10,000 of public money to Incline High School “We the People" program. Mr. Pinkerton will be required to read a specific statement.*
3) Flash Vote will be prevented from conducting any surveys with Incline Village/Crystal Bay parcel owners and residents on IVGID issues for one year.
4) Flash Vote will issue a letter informing its IVGID user base that IVGID and Flash Vote have parted company and remind users of their option to unsubscribe from receiving surveys.
5) All additional litigation that resulted from the General Manager’s initial lawsuit will be dismissed.
6) Board Policy 3.1.0 will be revised to require the Board to vote on the initiation of any lawsuit.
How did Mr. Pinkerton's lawsuit against FlashVote benefit the public interest? In our view, it didn’t. The Settlement, however, put an end to the wasteful use of our funds to silence a local business from surveying our citizens’ opinions on important IVGID issues, actions and decisions. And, it put an end to the General Manager’s continued use of executing contracts with Counsel to initiate lawsuits against our citizens and local businesses without Board approval. The Settlement also put an end to the General Manager’s demand that FlashVote provide IVGID with the confidential user data provided to FlashVote by more than 1000 community members.
We appreciated Trustee Horan breaking ranks with Chair Wong and Trustee Morris at the February 21, 2018 Board Meeting and voting with Trustees Dent and Callicrate in denying the General Manager and Legal Counsel’s request for an additional $25,000 of our money to pursue further legal action. As a result, Mr. Pinkerton and Legal Counsel were directed to make every effort to settle the litigation rather than continue the lawsuit.
How Pinkerton, Wong and Morris could justify handing over another $25,000 of our taxpayer money to Legal Counsel to extend the litigation is an open question. What they hoped to achieve remains a subject of speculation.
Our opinion is simple. After Trustee Dent, as a private citizen, had engaged FlashVote to continue to provide surveys to our IVGID Community after FlashVote terminated its contract with IVGID, Pinkerton took punitive action. Pinkerton wanted to punish FlashVote outside of the public’s view by not disclosing the litigation to the Board at a public meeting AND prevent Dent from allowing the community to voice their opinions on a communication platform that was not controlled by IVGID. Pinkerton accomplished his goal through litigation and we are out close to $60,000 and over 1,000 FlashVote participants will not be able to express their views on IVGID issues over the next year.
*As for Mr. Pinkerton’s required statement, which he read at the March 21, Board Meeting: “IVGID needs the community’s help. We want to know what we should be doing better, faster, cheaper, and differently. One vote every few years doesn’t do us (or you) much good at all. In recognition of our desire to support the high-minded ideals upon which this nation was founded, $10,000 shall be donated to Incline High School “We the People” program in order to facilitate comprehension of the United States Constitution and open and transparent government.”
Perhaps Mr. Pinkerton should spend a little time with our High School students to understand our First Amendment and the true meaning of open and transparent government…
#Misc
So what will the General Manager’s crazy logic have achieved with his discretionary litigation against FlashVote and the Board approved settlement?
1) Close to $50,000 of public money will have been paid out in legal fees to Counsel Guinasso and Reese. This amount is in addition to Counsels’ 10,000 per month retainer fee.
2) IVGID will donate $10,000 of public money to Incline High School “We the People" program. Mr. Pinkerton will be required to read a specific statement.*
3) Flash Vote will be prevented from conducting any surveys with Incline Village/Crystal Bay parcel owners and residents on IVGID issues for one year.
4) Flash Vote will issue a letter informing its IVGID user base that IVGID and Flash Vote have parted company and remind users of their option to unsubscribe from receiving surveys.
5) All additional litigation that resulted from the General Manager’s initial lawsuit will be dismissed.
6) Board Policy 3.1.0 will be revised to require the Board to vote on the initiation of any lawsuit.
How did Mr. Pinkerton's lawsuit against FlashVote benefit the public interest? In our view, it didn’t. The Settlement, however, put an end to the wasteful use of our funds to silence a local business from surveying our citizens’ opinions on important IVGID issues, actions and decisions. And, it put an end to the General Manager’s continued use of executing contracts with Counsel to initiate lawsuits against our citizens and local businesses without Board approval. The Settlement also put an end to the General Manager’s demand that FlashVote provide IVGID with the confidential user data provided to FlashVote by more than 1000 community members.
We appreciated Trustee Horan breaking ranks with Chair Wong and Trustee Morris at the February 21, 2018 Board Meeting and voting with Trustees Dent and Callicrate in denying the General Manager and Legal Counsel’s request for an additional $25,000 of our money to pursue further legal action. As a result, Mr. Pinkerton and Legal Counsel were directed to make every effort to settle the litigation rather than continue the lawsuit.
How Pinkerton, Wong and Morris could justify handing over another $25,000 of our taxpayer money to Legal Counsel to extend the litigation is an open question. What they hoped to achieve remains a subject of speculation.
Our opinion is simple. After Trustee Dent, as a private citizen, had engaged FlashVote to continue to provide surveys to our IVGID Community after FlashVote terminated its contract with IVGID, Pinkerton took punitive action. Pinkerton wanted to punish FlashVote outside of the public’s view by not disclosing the litigation to the Board at a public meeting AND prevent Dent from allowing the community to voice their opinions on a communication platform that was not controlled by IVGID. Pinkerton accomplished his goal through litigation and we are out close to $60,000 and over 1,000 FlashVote participants will not be able to express their views on IVGID issues over the next year.
*As for Mr. Pinkerton’s required statement, which he read at the March 21, Board Meeting: “IVGID needs the community’s help. We want to know what we should be doing better, faster, cheaper, and differently. One vote every few years doesn’t do us (or you) much good at all. In recognition of our desire to support the high-minded ideals upon which this nation was founded, $10,000 shall be donated to Incline High School “We the People” program in order to facilitate comprehension of the United States Constitution and open and transparent government.”
Perhaps Mr. Pinkerton should spend a little time with our High School students to understand our First Amendment and the true meaning of open and transparent government…
#Misc
Apr 02, 2018 9:37:34am
Wong the dictator and Guinasso the self appointed enforcer are at it again
During last Wednesday’s IVGID Board Meeting, the squelching of citizens rights to be heard was on display. When the agenda item to change Board policy to prevent Pinkerton from unilaterally issuing contracts to our legal counsel to sue people, citizens Dolan and Abel stood up and asked Chair Wong if they could speak on the matter. She simply said NO. Trustee Dent then asked Chair Wong if she would open the agenda item to public comment. Our attorney, Jason Guinasso, who is not a member of our Board, immediately shook his head and said no. Chair Wong then chimed in and said NO. Wong then demanded that Mr. Dolan and Mr. Abel leave the meeting. Last year, Counsel Guinasso was admonished by Nevada's Attorney General for inappropriately assuming the authority of the Board’s Chair and verbally disciplining citizens without any authority to do so. Apparently he still believes he runs the show. What was even more disturbing was Wong’s refusal to allow the Board to correct inaccuracies that were cited in the policy change as well as the need to clarify a sentence. Rather than correct the mistakes on the spot or table this item for a future meeting to reflect correct and accurate information, the poorly written policy change was approved. Wong then asked Pinkerton to have the item put on a future agenda to correct what she considered to be “typos”.
The other agenda item to eliminate citizen correspondence from future Board packets, sponsored by Trustee Horan, was pulled and no action was taken. Trustee Horan was “surprised” by the Community’s pushback against his recommendation. As IVGID Trustee Candidate Sara Schmitz stated it would be better to determine if there is a problem which needs to be fixed before proposing a solution. The Reality is: Horan, Morris and Wong do not want the public involved in the public's business.
#Violations #Misc
During last Wednesday’s IVGID Board Meeting, the squelching of citizens rights to be heard was on display. When the agenda item to change Board policy to prevent Pinkerton from unilaterally issuing contracts to our legal counsel to sue people, citizens Dolan and Abel stood up and asked Chair Wong if they could speak on the matter. She simply said NO. Trustee Dent then asked Chair Wong if she would open the agenda item to public comment. Our attorney, Jason Guinasso, who is not a member of our Board, immediately shook his head and said no. Chair Wong then chimed in and said NO. Wong then demanded that Mr. Dolan and Mr. Abel leave the meeting. Last year, Counsel Guinasso was admonished by Nevada's Attorney General for inappropriately assuming the authority of the Board’s Chair and verbally disciplining citizens without any authority to do so. Apparently he still believes he runs the show. What was even more disturbing was Wong’s refusal to allow the Board to correct inaccuracies that were cited in the policy change as well as the need to clarify a sentence. Rather than correct the mistakes on the spot or table this item for a future meeting to reflect correct and accurate information, the poorly written policy change was approved. Wong then asked Pinkerton to have the item put on a future agenda to correct what she considered to be “typos”.
The other agenda item to eliminate citizen correspondence from future Board packets, sponsored by Trustee Horan, was pulled and no action was taken. Trustee Horan was “surprised” by the Community’s pushback against his recommendation. As IVGID Trustee Candidate Sara Schmitz stated it would be better to determine if there is a problem which needs to be fixed before proposing a solution. The Reality is: Horan, Morris and Wong do not want the public involved in the public's business.
#Violations #Misc
Apr 28, 2018 7:27:47am
Our Village Voice updated their status.
Which IVGID Trustee hides the truth from you in her ad and on the job?
We cannot help but comment on the six bullet points in Kendra Wong’s Tahoe Tribune Campaign Ad on June 1, 2018 touting her record as IVGID “Chairman”.
KW: PROTECTED OUR COMMUNITY FROM NEGATIVE ASSAULTS BY A SMALL DISSIDENT GROUP DESPITE PERSONAL ATTACKS
OVV: We do not know of any dissident group who is directing negative assaults against our community. We would like to know who these dissidents are and who in the community they are assaulting. We would also like to know how she is actually protecting our community. Does this protection involve destroying public records, stonewalling public records requests or eliminating public correspondence from the Board packets? Limiting the times available for our citizens to speak at Board Meetings? Refusing to respond to the questions and concerns of our citizens? Maybe the protection is Censorship.
KW: SPEARHEADED LEGAL ACTION PROTECTING RESIDENT’S PERSONAL DATA FROM MISUSE BY FLASHVOTE
OVV: The personal user data submitted to FlashVote was never provided by IVGID. All survey participants provided their data directly to FlashVote with the understanding that their survey responses would be anonymous and their personal data would not be shared with IVGID. IVGID’s real agenda was to shutdown FlashVote and deny our citizens the right to voluntarily express their opinions on important community issues. Wong’s statement is an admission that she and GM Pinkerton decided to bypass the full Board, in violation of open meeting law, and unilaterally direct Counsel Guinasso and Reese to spend $50,000 of our public money on litigation. The Settlement Agreement did not provide for FlashVote to give any personal user data to IVGID. She protected nothing and may have exposed the District to liability by violating Open Meeting Laws and the terms of the Settlement Agreement she approved.
KW: ENSURED TRANSPARENCY OF COMMUNITY FINANCIAL RECORDS AS VALIDATED BY INDEPENDENT AUDITS
OVV: Chair Wong and a member of the Audit Committee seems to have forgotten that the Comprehensive Annual Financial Report (“Audit”) for the fiscal year ended June 30, 2016 had to be restated and reissued. The Auditor “identified a deficiency in internal control that we consider to be a material weakness” and recommended an additional review. Ms. Wong did not initiate any substantive measures to improve the District’s internal controls or strengthen the Audit Committee’s oversight. Instead, she dismissed expanding the scope of our independent audit, voted to limit the responsibilities of our Audit Committee and the amount of times the Committee would meet. She ensured nothing.
KW: PARTNERED WITH THE STATE ARCHIVES TO ENHANCE RECORD RETENTION AND AVAILABILITY
OVV: There is no partnership with the State AND the District still has not updated their Record Retention Policy to comply with Nevada Law. As for the availability of these public records, we can share our experience on the difficulty in gaining access to complete and accurate “public records” the District would prefer not to provide. Trustee Wong has enhanced nothing.
KW: ENCOURAGED COMMUNITY COMMENT WHILE STREAMLINING BOARD OF TRUSTEE MEETINGS
OVV: This is an oxymoron of insulting proportions. She eliminated public comment on each agenda item thus limiting public comment to only 3 minutes at the beginning and end of every meeting. When a citizen requested time to speak on an important agenda item, rather than listening to him speak for 3 minutes, she asked him to leave. “Streamlining” does not come to mind, as the meetings have become some of the longest in the District's history.
KW: FOCUSED COMMUNITY RESOURCES ON OUR MOST CRITICAL INFRASTRUCTURE NEEDS
OVV: This is laughable. Approximately $1,500,000 has been spent or committed on Master Plans, strategic plans, and consultants to expand the infrastructure for new projects. Along with the approval of Trustees Horan and Morris she has supported the expenditure of our Recreation Facility Fee on the Diamond Peak expansion for zip lines, canopy tours and a mountain coaster among other new year-round activities; promoted the District’s $5.5 million contemplated purchase of the Parasol Building for administrative office space and shared use space for redundant community programming in a building that is three times the size of Southwood. In both cases, funds had been spent or were committed to be spent over the next five years: $4,500,000 for the initial Diamond Peak Expansion; $1,600,000 was approved for the first down payment on the planned purchase of the Parasol Building and an additional $100,000 on due diligence costs. Fortunately, the Parasol deal was taken off the table and the $1,600,000 can be used for other capital projects. But we cannot recover the additional $100,000 already spent. Meanwhile, the Incline Beach building and the Mountain Golf Course Clubhouse has been moved off the five year plan. Allowing the General Manager to delay the rehabilitation of the Diamond Peak Culvert will now cost us more than $5.3 million and while she supports the use of our available funds to support discretionary expansion projects, she is agreeable to borrowing $4,000,000 for the legacy Diamond Peak Ski Way and Parking lots repaving project.
If you value honesty and a genuine record of leadership, consider voting for someone else…
#Misc
We cannot help but comment on the six bullet points in Kendra Wong’s Tahoe Tribune Campaign Ad on June 1, 2018 touting her record as IVGID “Chairman”.
KW: PROTECTED OUR COMMUNITY FROM NEGATIVE ASSAULTS BY A SMALL DISSIDENT GROUP DESPITE PERSONAL ATTACKS
OVV: We do not know of any dissident group who is directing negative assaults against our community. We would like to know who these dissidents are and who in the community they are assaulting. We would also like to know how she is actually protecting our community. Does this protection involve destroying public records, stonewalling public records requests or eliminating public correspondence from the Board packets? Limiting the times available for our citizens to speak at Board Meetings? Refusing to respond to the questions and concerns of our citizens? Maybe the protection is Censorship.
KW: SPEARHEADED LEGAL ACTION PROTECTING RESIDENT’S PERSONAL DATA FROM MISUSE BY FLASHVOTE
OVV: The personal user data submitted to FlashVote was never provided by IVGID. All survey participants provided their data directly to FlashVote with the understanding that their survey responses would be anonymous and their personal data would not be shared with IVGID. IVGID’s real agenda was to shutdown FlashVote and deny our citizens the right to voluntarily express their opinions on important community issues. Wong’s statement is an admission that she and GM Pinkerton decided to bypass the full Board, in violation of open meeting law, and unilaterally direct Counsel Guinasso and Reese to spend $50,000 of our public money on litigation. The Settlement Agreement did not provide for FlashVote to give any personal user data to IVGID. She protected nothing and may have exposed the District to liability by violating Open Meeting Laws and the terms of the Settlement Agreement she approved.
KW: ENSURED TRANSPARENCY OF COMMUNITY FINANCIAL RECORDS AS VALIDATED BY INDEPENDENT AUDITS
OVV: Chair Wong and a member of the Audit Committee seems to have forgotten that the Comprehensive Annual Financial Report (“Audit”) for the fiscal year ended June 30, 2016 had to be restated and reissued. The Auditor “identified a deficiency in internal control that we consider to be a material weakness” and recommended an additional review. Ms. Wong did not initiate any substantive measures to improve the District’s internal controls or strengthen the Audit Committee’s oversight. Instead, she dismissed expanding the scope of our independent audit, voted to limit the responsibilities of our Audit Committee and the amount of times the Committee would meet. She ensured nothing.
KW: PARTNERED WITH THE STATE ARCHIVES TO ENHANCE RECORD RETENTION AND AVAILABILITY
OVV: There is no partnership with the State AND the District still has not updated their Record Retention Policy to comply with Nevada Law. As for the availability of these public records, we can share our experience on the difficulty in gaining access to complete and accurate “public records” the District would prefer not to provide. Trustee Wong has enhanced nothing.
KW: ENCOURAGED COMMUNITY COMMENT WHILE STREAMLINING BOARD OF TRUSTEE MEETINGS
OVV: This is an oxymoron of insulting proportions. She eliminated public comment on each agenda item thus limiting public comment to only 3 minutes at the beginning and end of every meeting. When a citizen requested time to speak on an important agenda item, rather than listening to him speak for 3 minutes, she asked him to leave. “Streamlining” does not come to mind, as the meetings have become some of the longest in the District's history.
KW: FOCUSED COMMUNITY RESOURCES ON OUR MOST CRITICAL INFRASTRUCTURE NEEDS
OVV: This is laughable. Approximately $1,500,000 has been spent or committed on Master Plans, strategic plans, and consultants to expand the infrastructure for new projects. Along with the approval of Trustees Horan and Morris she has supported the expenditure of our Recreation Facility Fee on the Diamond Peak expansion for zip lines, canopy tours and a mountain coaster among other new year-round activities; promoted the District’s $5.5 million contemplated purchase of the Parasol Building for administrative office space and shared use space for redundant community programming in a building that is three times the size of Southwood. In both cases, funds had been spent or were committed to be spent over the next five years: $4,500,000 for the initial Diamond Peak Expansion; $1,600,000 was approved for the first down payment on the planned purchase of the Parasol Building and an additional $100,000 on due diligence costs. Fortunately, the Parasol deal was taken off the table and the $1,600,000 can be used for other capital projects. But we cannot recover the additional $100,000 already spent. Meanwhile, the Incline Beach building and the Mountain Golf Course Clubhouse has been moved off the five year plan. Allowing the General Manager to delay the rehabilitation of the Diamond Peak Culvert will now cost us more than $5.3 million and while she supports the use of our available funds to support discretionary expansion projects, she is agreeable to borrowing $4,000,000 for the legacy Diamond Peak Ski Way and Parking lots repaving project.
If you value honesty and a genuine record of leadership, consider voting for someone else…
#Misc
Jun 05, 2018 9:07:36am
Our Village Voice updated their status.
Former IVGID Trustee Bruce Simonian Runs Again In The Wrong Direction
In the May 25, 2018 edition of the Tahoe Daily Tribune, IVGID Trustee Candidates provided their responses to the Newspaper’s questions. When asked for his opinion on the most IMPORTANT issue facing IVGID and how the Board should address the issue, Mr. Simonian provided a startling response: "…The allegations of impropriety, miss-use of funds, ‘cooking the books’, lack of transparency, lying and stealing have got to stop. The vocal minority is controlling the Village, and they serve no one." He further states: “This dysfunction has led to low morale with the staff spending needless hours and money defending, malicious lawsuits, and meritless allegations including Open Meeting Law violations, and ethics complaints, all of which have been dismissed.”
We understand that Mr. Simonian was asked to express his opinion and as a consequence the facts may have been considered subservient to his point of view. As citizens, we think facts matter and candidates running for Trustee should at least make an attempt to render opinions based on the facts. We believe that the voices of ALL citizens count, not only the voices that express complimentary views, but those that seek improvement and substantive responses to their concerns. The Board and the General Manager have a responsibility to ensure that citizens have confidence in the integrity of their government. Ignoring or marginalizing the comments, questions and concerns of citizens undermines the public trust. Limiting public comment at Board Meetings, eliminating citizen correspondence from the Board Packets, concealing public records and violating the Board’s own policies and practices serves no one. After all, IVGID is a government and its elected officials, public officers and employees are employed to serve the people.
Over the last 3 years, Linda Newman and Cliff Dobler have submitted over 40 memorandums to the Board of Trustees and Staff identifying and documenting the problems with IVGID’s accounting and reporting along with management practices that do not comply with the District’s own policies. NOT ONCE did they respond directly to anything. However, as a result of our memos and our outreach for independent jurisdictional oversight, the District was required by law to restate the 2016 audited financial statements and the auditors reported a material weakness in the District’s internal controls. We feel our well researched memos provide an opportunity for the Board to exercise oversight by investigating our concerns and taking corrective action. Ignoring problems won’t solve them . Ignoring our citizens only serves to foment discontent. After all the District works for the people. Doesn’t it?
As for Mr. Simonian’s reference to staff spending needless hours and our money defending malicious lawsuits (we assume Katz), he fails to mention the malicious lawsuit Chair Wong claims she spearheaded with the General Manager and Legal Counsel against FlashVote, a well respected local business. In order to shut down FlashVote and stop our citizens from voluntarily participating in independent surveys on important community issues, they spent $67,000 of OUR money. This lofty sum includes the $10,000 donation to “We The People” at Incline High School that was demanded by FlashVote as part of the Settlement. As for “meritless” open meeting law and ethics complaints, his statement is just plain wrong. First, we know of no ethics complaints. Secondly, there were at least 20 Open Meeting Law complaints filed and approximately two were dismissed. Two Attorney General Opinions cited the District for violating the intent and the spirit of the Open Meeting Law. The remaining 16 admonished the District for yes, actually breaking the law.
He really does not have the facts right. Do you want a Trustee that does no investigative work prior to stating his opinion and claims that you, your friends, colleagues and neighbors are responsible for the District’s dysfunction, because you have taken the time to speak up?
#Misc
In the May 25, 2018 edition of the Tahoe Daily Tribune, IVGID Trustee Candidates provided their responses to the Newspaper’s questions. When asked for his opinion on the most IMPORTANT issue facing IVGID and how the Board should address the issue, Mr. Simonian provided a startling response: "…The allegations of impropriety, miss-use of funds, ‘cooking the books’, lack of transparency, lying and stealing have got to stop. The vocal minority is controlling the Village, and they serve no one." He further states: “This dysfunction has led to low morale with the staff spending needless hours and money defending, malicious lawsuits, and meritless allegations including Open Meeting Law violations, and ethics complaints, all of which have been dismissed.”
We understand that Mr. Simonian was asked to express his opinion and as a consequence the facts may have been considered subservient to his point of view. As citizens, we think facts matter and candidates running for Trustee should at least make an attempt to render opinions based on the facts. We believe that the voices of ALL citizens count, not only the voices that express complimentary views, but those that seek improvement and substantive responses to their concerns. The Board and the General Manager have a responsibility to ensure that citizens have confidence in the integrity of their government. Ignoring or marginalizing the comments, questions and concerns of citizens undermines the public trust. Limiting public comment at Board Meetings, eliminating citizen correspondence from the Board Packets, concealing public records and violating the Board’s own policies and practices serves no one. After all, IVGID is a government and its elected officials, public officers and employees are employed to serve the people.
Over the last 3 years, Linda Newman and Cliff Dobler have submitted over 40 memorandums to the Board of Trustees and Staff identifying and documenting the problems with IVGID’s accounting and reporting along with management practices that do not comply with the District’s own policies. NOT ONCE did they respond directly to anything. However, as a result of our memos and our outreach for independent jurisdictional oversight, the District was required by law to restate the 2016 audited financial statements and the auditors reported a material weakness in the District’s internal controls. We feel our well researched memos provide an opportunity for the Board to exercise oversight by investigating our concerns and taking corrective action. Ignoring problems won’t solve them . Ignoring our citizens only serves to foment discontent. After all the District works for the people. Doesn’t it?
As for Mr. Simonian’s reference to staff spending needless hours and our money defending malicious lawsuits (we assume Katz), he fails to mention the malicious lawsuit Chair Wong claims she spearheaded with the General Manager and Legal Counsel against FlashVote, a well respected local business. In order to shut down FlashVote and stop our citizens from voluntarily participating in independent surveys on important community issues, they spent $67,000 of OUR money. This lofty sum includes the $10,000 donation to “We The People” at Incline High School that was demanded by FlashVote as part of the Settlement. As for “meritless” open meeting law and ethics complaints, his statement is just plain wrong. First, we know of no ethics complaints. Secondly, there were at least 20 Open Meeting Law complaints filed and approximately two were dismissed. Two Attorney General Opinions cited the District for violating the intent and the spirit of the Open Meeting Law. The remaining 16 admonished the District for yes, actually breaking the law.
He really does not have the facts right. Do you want a Trustee that does no investigative work prior to stating his opinion and claims that you, your friends, colleagues and neighbors are responsible for the District’s dysfunction, because you have taken the time to speak up?
#Misc
Jun 09, 2018 6:00:30pm
Our Village Voice updated their status.
IVGID catering staff put on the perfect event
IVGID catering staff performed exceptionally well at the Incline Village Golf Glub annual Invitational dinner last Sunday Night. With over 225 people to serve all things went off like clockwork. It was refreshing to see Cathy Becker and Lauren Iida, both supervisors, working the tables, pouring wine and clearing dishes to help the staff keep up with the needs of a large crowd. They certainly set a standard for the lower level service people to strive for. Our hats are off to Cathy and Lauren for their dedication to making a major event come out on top.
Thanks from the Golf Club, it members and guests.
#Misc
IVGID catering staff performed exceptionally well at the Incline Village Golf Glub annual Invitational dinner last Sunday Night. With over 225 people to serve all things went off like clockwork. It was refreshing to see Cathy Becker and Lauren Iida, both supervisors, working the tables, pouring wine and clearing dishes to help the staff keep up with the needs of a large crowd. They certainly set a standard for the lower level service people to strive for. Our hats are off to Cathy and Lauren for their dedication to making a major event come out on top.
Thanks from the Golf Club, it members and guests.
#Misc
Aug 13, 2018 7:31:51am
Wong – A typical politician
A second term for IVGID Trustee?
Promise everything – Deliver nothing
In the September 14, 2018 Tahoe Daily Tribune, IVGID Trustee Candidates Kendra Wong and Bruce Simonian ran a joint Campaign Ad.
In the Ad Wong states four Commitments for the future: Enhance communications and public involvement – Is this a joke? Over the past 4 years she voted to limit public participation at public meetings, to remove public correspondence from Board packets, and behind closed doors she voted to spend $50,000 of public money to litigate against FlashVote in order to shut down our citizens’ voluntary participation in FlashVote surveys. She then voted to spend $25,000 more to continue the litigation but was defeated. Settling this meritless lawsuit cost us more than $60,000!
Update Ordinance 7 addressing beach access. She has no plan. Ask her.
Keep the Recreation Fee flat and expedite the Community Services Master Plan. There is no complete Community Services Master Plan so she would not have a clue as to what she would be expediting. If all of the consultants’ recommendations were in one plan, the costs would be over $63 million in new money losing ventures. Have her explain how she plans to finance this massive expansion and not raise the Recreation Fee. Accomplishing her promise would be like striking a match on a bar of soap. It can't be done.
Simply trying to buy votes with empty promises.
Do we really need her for another four years?
#Misc
A second term for IVGID Trustee?
Promise everything – Deliver nothing
In the September 14, 2018 Tahoe Daily Tribune, IVGID Trustee Candidates Kendra Wong and Bruce Simonian ran a joint Campaign Ad.
In the Ad Wong states four Commitments for the future: Enhance communications and public involvement – Is this a joke? Over the past 4 years she voted to limit public participation at public meetings, to remove public correspondence from Board packets, and behind closed doors she voted to spend $50,000 of public money to litigate against FlashVote in order to shut down our citizens’ voluntary participation in FlashVote surveys. She then voted to spend $25,000 more to continue the litigation but was defeated. Settling this meritless lawsuit cost us more than $60,000!
Update Ordinance 7 addressing beach access. She has no plan. Ask her.
Keep the Recreation Fee flat and expedite the Community Services Master Plan. There is no complete Community Services Master Plan so she would not have a clue as to what she would be expediting. If all of the consultants’ recommendations were in one plan, the costs would be over $63 million in new money losing ventures. Have her explain how she plans to finance this massive expansion and not raise the Recreation Fee. Accomplishing her promise would be like striking a match on a bar of soap. It can't be done.
Simply trying to buy votes with empty promises.
Do we really need her for another four years?
#Misc
Sep 15, 2018 11:02:16pm
Our Village Voice updated their status.
"SMOOTHING" – the art of keeping the Recreation Fee high, establishing a permanent slush fund and keeping the public out of determining how their money should be spent.
Public Comment by Bruce Simonian at the May 23, 2018 BOT Meeting:
"We have a flat Recreation Fee that with the consumer pricing indexing would be around $1,100. Without smoothing, the community would have RAILED. We considered smoothing the Recreation Fee as a budgetary restraint and that as bonds sunset, we would use that money to do other projects. Raising and lowering the Recreation Fee creates emotional instability and smoothing eliminates that."
Background
For many years when citizens supported a new capital project, IVGID would borrow the required money. The Rec Fee would be raised to repay the bond’s principal and interest, generally over a 10 year period. It was always understood that once the bond matured, the increase would be returned to the parcel owners and the Rec Fee would be lowered.
In 2011 Staff decided that rather than reducing the Rec Fee when a bond matured, the District would keep the money and repurpose it for other projects. However, there was no BOT vote on adopting Staff’s new policy and these funds were not committed to specific future projects. As a result, a slush fund was created allowing Staff to determine the use of these funds on operating and maintenance expenses and capital projects of their choosing. The Board approved Staff’s decisions without much discussion when they approved the annual budget.
So what happened? Since 2013, three borrowings have been repaid and over $8,000,000 has been collected. Some of these funds are held in reserves and budgeted to be spent on expanding Diamond Peak for the zip lines, canopy tours and mountain coaster. In 2017, Chair Wong and Trustees Horan and Morris voted to budget $1.6 million for the down payment on the $5.5 million purchase of the Parasol Building. This latest adventure is currently on hold, and the $1.6 million could be used on something else. Overall, we do not have a full accounting of the $8 million collected and exactly how much has already been spent on legal fees, consultants, and other operating expenses and how much is actually available for capital projects. Our requests for information on how our money has actually been spent remains unanswered.
Conclusion
We do NOT believe that “smoothing” funds collected to pay down debt that has matured and repurposing it for “unspecified” capital projects and other spending is a good idea. Right now, $280 of our combined annual $830 Rec and Beach Fees are being “smoothed” without our consent. $2.3 million.
Should we thank Bruce Simonian for saving us from emotional instability? On the other hand, maybe Bruce is like the taxman who always knows how to spend our money and never give it back. What do you think?
#Misc
Public Comment by Bruce Simonian at the May 23, 2018 BOT Meeting:
"We have a flat Recreation Fee that with the consumer pricing indexing would be around $1,100. Without smoothing, the community would have RAILED. We considered smoothing the Recreation Fee as a budgetary restraint and that as bonds sunset, we would use that money to do other projects. Raising and lowering the Recreation Fee creates emotional instability and smoothing eliminates that."
Background
For many years when citizens supported a new capital project, IVGID would borrow the required money. The Rec Fee would be raised to repay the bond’s principal and interest, generally over a 10 year period. It was always understood that once the bond matured, the increase would be returned to the parcel owners and the Rec Fee would be lowered.
In 2011 Staff decided that rather than reducing the Rec Fee when a bond matured, the District would keep the money and repurpose it for other projects. However, there was no BOT vote on adopting Staff’s new policy and these funds were not committed to specific future projects. As a result, a slush fund was created allowing Staff to determine the use of these funds on operating and maintenance expenses and capital projects of their choosing. The Board approved Staff’s decisions without much discussion when they approved the annual budget.
So what happened? Since 2013, three borrowings have been repaid and over $8,000,000 has been collected. Some of these funds are held in reserves and budgeted to be spent on expanding Diamond Peak for the zip lines, canopy tours and mountain coaster. In 2017, Chair Wong and Trustees Horan and Morris voted to budget $1.6 million for the down payment on the $5.5 million purchase of the Parasol Building. This latest adventure is currently on hold, and the $1.6 million could be used on something else. Overall, we do not have a full accounting of the $8 million collected and exactly how much has already been spent on legal fees, consultants, and other operating expenses and how much is actually available for capital projects. Our requests for information on how our money has actually been spent remains unanswered.
Conclusion
We do NOT believe that “smoothing” funds collected to pay down debt that has matured and repurposing it for “unspecified” capital projects and other spending is a good idea. Right now, $280 of our combined annual $830 Rec and Beach Fees are being “smoothed” without our consent. $2.3 million.
Should we thank Bruce Simonian for saving us from emotional instability? On the other hand, maybe Bruce is like the taxman who always knows how to spend our money and never give it back. What do you think?
#Misc
Oct 21, 2018 8:51:07am
Our Village Voice updated their status.
Shared by Sara Schmitz, Sara4IVGID.com
The Names Behind TrueBlueFacts
TrueBlueFacts officers: Gene Brockman (endorsed Kendra Wong and Bruce Simonian), Jim Clark, Jim Croley, Ed Gurowitz, John Iannucci, Chuck Otto, Steve Pulver, Kaye Shackford, Joe Shackford, Joe Wolfe (endorsed Kendra Wong and Bruce Simonian)
TrueBlueFact Donors to Wong and Simonian (public info from SOS website)
————— Kendra ——– Bruce
Jim Clark ………. $500 ……… $500
John Iannuacci . $1,000 ……………………
Steve Pulver …….. $200………………………
Joe Shackford ……$500………………………
Kaye Shackford …………………. … $500
Joe Wolfe ………… $1,000 ………… $1,000
Yet another TrueBlueFacts post is incorrect. I provided factual content to the author and requested they not post their incorrect article about me and instead help to bring our community together with accurate information. I suggested they speak with Tim and me directly to get correct information before posting articles to divide the community.
#Misc
The Names Behind TrueBlueFacts
TrueBlueFacts officers: Gene Brockman (endorsed Kendra Wong and Bruce Simonian), Jim Clark, Jim Croley, Ed Gurowitz, John Iannucci, Chuck Otto, Steve Pulver, Kaye Shackford, Joe Shackford, Joe Wolfe (endorsed Kendra Wong and Bruce Simonian)
TrueBlueFact Donors to Wong and Simonian (public info from SOS website)
————— Kendra ——– Bruce
Jim Clark ………. $500 ……… $500
John Iannuacci . $1,000 ……………………
Steve Pulver …….. $200………………………
Joe Shackford ……$500………………………
Kaye Shackford …………………. … $500
Joe Wolfe ………… $1,000 ………… $1,000
Yet another TrueBlueFacts post is incorrect. I provided factual content to the author and requested they not post their incorrect article about me and instead help to bring our community together with accurate information. I suggested they speak with Tim and me directly to get correct information before posting articles to divide the community.
#Misc
Oct 22, 2018 9:18:30am
Our Village Voice updated their status.
Complaints alleging political activity force True Blue Facts to make decision
November 2, 2018 Tahoe Daily Tribune
After receiving complaints alleging political activity on the part of True Blue Facts, (http://truebluefacts.com/) the Nevada Secretary of State's Office is asking the entity to either formally register as a political action committee or file a formal appeal.
True Blue Facts, a DBA formed earlier this year by the nonprofit Get Out the Vote, has until today, Nov. 2, to decide if it wants to appeal. True Blue drafted a proposed appeal, but as of press deadline it was unclear if the entity would appeal.
"We're prepared to file," Jim Clark, an officer with True Blue and the man behind Get Out the Vote, told the Tribune on Wednesday. However, the rest of the officers and others behind True Blue had not had a chance to voice their opinion regarding a possible appeal.
If they decide not to appeal, True Blue Facts will have to register as a PAC by Nov. 16, Clark told the Tribune.
The emergence of True Blue Facts this election cycle has fueled division among some members of the community who were already on different sides of the fence. The complaints alleged that True Blue Facts has been operating for political purposes, which is prohibited under state and federal election law.
Clark says just like Get Out the Vote, which was founded 20 years ago, True Blue Facts was created with the intent of educating the voters.
"Our position was anything we put out would have to be the truth…" Clark said. "We never told anyone to vote for or vote against anyone else. We took the position that we were educating the public."
Those efforts, though, have been met with criticism by community members and two of the four candidates running for the Incline Village General Improvement District Board of Trustees: incumbent Tim Callicrate and first time candidate Sara Schmitz.
Both are politically aligned and campaigning together, while incumbent Kendra Wong and former trustee Bruce Simonian have campaigned together.
The Secretary of State's Office confirmed that it is investigating True Blue Facts for alleged political action, but would not go into greater detail.
Clark confirmed the investigation, saying he received a letter from the office a little over a week ago.
If True Blue Facts decides to register as a PAC, it could open the door to potential financial penalties and other actions, according to Clark.
It also would force financial disclosure that True Blue has not been forced to make thus far.
Above article published 11/2/18 in Tahoe Daily Tribune
https://www.tahoedailytribune.com/news/complaints-force-true-blue-facts-to-make-decision/
#Misc
November 2, 2018 Tahoe Daily Tribune
After receiving complaints alleging political activity on the part of True Blue Facts, (http://truebluefacts.com/) the Nevada Secretary of State's Office is asking the entity to either formally register as a political action committee or file a formal appeal.
True Blue Facts, a DBA formed earlier this year by the nonprofit Get Out the Vote, has until today, Nov. 2, to decide if it wants to appeal. True Blue drafted a proposed appeal, but as of press deadline it was unclear if the entity would appeal.
"We're prepared to file," Jim Clark, an officer with True Blue and the man behind Get Out the Vote, told the Tribune on Wednesday. However, the rest of the officers and others behind True Blue had not had a chance to voice their opinion regarding a possible appeal.
If they decide not to appeal, True Blue Facts will have to register as a PAC by Nov. 16, Clark told the Tribune.
The emergence of True Blue Facts this election cycle has fueled division among some members of the community who were already on different sides of the fence. The complaints alleged that True Blue Facts has been operating for political purposes, which is prohibited under state and federal election law.
Clark says just like Get Out the Vote, which was founded 20 years ago, True Blue Facts was created with the intent of educating the voters.
"Our position was anything we put out would have to be the truth…" Clark said. "We never told anyone to vote for or vote against anyone else. We took the position that we were educating the public."
Those efforts, though, have been met with criticism by community members and two of the four candidates running for the Incline Village General Improvement District Board of Trustees: incumbent Tim Callicrate and first time candidate Sara Schmitz.
Both are politically aligned and campaigning together, while incumbent Kendra Wong and former trustee Bruce Simonian have campaigned together.
The Secretary of State's Office confirmed that it is investigating True Blue Facts for alleged political action, but would not go into greater detail.
Clark confirmed the investigation, saying he received a letter from the office a little over a week ago.
If True Blue Facts decides to register as a PAC, it could open the door to potential financial penalties and other actions, according to Clark.
It also would force financial disclosure that True Blue has not been forced to make thus far.
Above article published 11/2/18 in Tahoe Daily Tribune
https://www.tahoedailytribune.com/news/complaints-force-true-blue-facts-to-make-decision/
#Misc
Nov 02, 2018 11:31:56am
Our Village Voice updated their status.
Unlawful conduct continues to haunt "True Blue Facts"
Cleaning up our local elections, one step at a time –
Reno Gazette Journal 11/7/2018
In Nevada and across the nation, election campaigning has become a blood sport. To win at all costs, the rules of law and civility are broken and the truth is sacrificed. Nevada citizens are subjected to the abusive practices of political hacks and their megabuck organizations. These merchants of misinformation have invaded our privacy with robocalls and polluted our mailboxes, email servers and daily newspapers with attack ads. Many of us have been confronted by obnoxious strangers roaming around public buildings handing out homemade propaganda.
Here in Incline Village/Crystal Bay, a group of predatory individuals masquerading as a charity has hijacked our local election by vandalizing the personal and professional integrity of two candidates running for the Incline Village General Improvement District Board of Trustees. Unable to sustain the destructive tactics deepening divisions in our community, many have taken a stand against the individuals and organizations responsible for interfering with our right to free and fair elections.
To our great relief, the Nevada secretary of state took investigative action. Get Out The Vote, a 501(c)(3) and its unregistered puppet organization True Blue Facts, absent appeal, must register as a political action committee and comply with all reporting requirements. This includes disclosing all its anonymous contributors and all its expenditures. Jim Clark, the founder of Get Out The Vote, no longer will be able to collect tax-deductible contributions to finance ugly smear campaigns. He, along with the officers of his organization, will be held accountable for violating federal and state laws.
We know this is only a start in putting an end to those corrupting our local, state and federal elections. But it is a step forward for our citizens taking an active role to ensure that we have a voice in overseeing those “paying to play” in our elections. Our secretary of state should be commended for taking corrective measures against unregistered political actions committees and their compliant candidates operating under the radar of state and federal supervision.
By Frank Wright and Linda Newman , Incline/Crystal Bay residents.
Published 11/7/18 in the Reno Gazette Journal
https://www.rgj.com/story/opinion/voices/2018/11/06/cleaning-up-our-local-elections-one-step-time-wright-newman/1907221002/
#Misc
Cleaning up our local elections, one step at a time –
Reno Gazette Journal 11/7/2018
In Nevada and across the nation, election campaigning has become a blood sport. To win at all costs, the rules of law and civility are broken and the truth is sacrificed. Nevada citizens are subjected to the abusive practices of political hacks and their megabuck organizations. These merchants of misinformation have invaded our privacy with robocalls and polluted our mailboxes, email servers and daily newspapers with attack ads. Many of us have been confronted by obnoxious strangers roaming around public buildings handing out homemade propaganda.
Here in Incline Village/Crystal Bay, a group of predatory individuals masquerading as a charity has hijacked our local election by vandalizing the personal and professional integrity of two candidates running for the Incline Village General Improvement District Board of Trustees. Unable to sustain the destructive tactics deepening divisions in our community, many have taken a stand against the individuals and organizations responsible for interfering with our right to free and fair elections.
To our great relief, the Nevada secretary of state took investigative action. Get Out The Vote, a 501(c)(3) and its unregistered puppet organization True Blue Facts, absent appeal, must register as a political action committee and comply with all reporting requirements. This includes disclosing all its anonymous contributors and all its expenditures. Jim Clark, the founder of Get Out The Vote, no longer will be able to collect tax-deductible contributions to finance ugly smear campaigns. He, along with the officers of his organization, will be held accountable for violating federal and state laws.
We know this is only a start in putting an end to those corrupting our local, state and federal elections. But it is a step forward for our citizens taking an active role to ensure that we have a voice in overseeing those “paying to play” in our elections. Our secretary of state should be commended for taking corrective measures against unregistered political actions committees and their compliant candidates operating under the radar of state and federal supervision.
By Frank Wright and Linda Newman , Incline/Crystal Bay residents.
Published 11/7/18 in the Reno Gazette Journal
https://www.rgj.com/story/opinion/voices/2018/11/06/cleaning-up-our-local-elections-one-step-time-wright-newman/1907221002/
#Misc
Nov 07, 2018 3:48:56pm
Updated Nov 08, 2018 11:39:38am
Nov 08, 2018 11:39:38am
Our Village Voice updated their status.
The election is over and our IVGID Trustees remain the same. Good luck to all of them. They will need it as they keep stumbling along.
The Board meeting on Tuesday, November 13, 2018 brought about 45 minutes of public comment on a variety of subjects suggesting IVGID just can't seem to get it right.
* Mrs. Dobler asked each Trustee and the General Manager when she might receive documentation of the remaining $530,000 in charges claimed to be for lining the wastewater Pond at the Sewer Plant and later claimed to be for work on the Effluent Pipeline – Phase II. She only received 81 invoices for $259,000 which had nothing to do with either the wastewater Pond or the Effluent Pipeline Phase II. Chair Wong stated that she does not respond to questions during public comment. Trustee Horan stated he would talk with the GM at the break. Trustee Morris said nothing. Callicrate said he would discuss it with the GM and Dent, who was participating by teleconference, was not asked. GM Pinkerton said he does not respond to questions during public comment. NO ONE ANSWERED MRS. DOBLER'S SIMPLE QUESTION OF WHEN SHE MIGHT RECEIVE THE DOCUMENTATION ON OVER 1/2 MILLION DOLLARS SPENT ON SOMETHING WHICH WE KNOW NOTHING ABOUT. Mrs. Dobler has been asking for this information for the past five months.
* A citizen informed the Board that Trustee Phil Horan had put his Incline house up for sale and bought a new home in Reno on July 31, 2018. The Security Instrument (mortgage) on his new home clearly states that Mr. Horan and his wife "shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy." Accordingly, Mr. Horan no longer could be a resident of Incline Village and would be ineligible to serve on the IVGID Board. The citizen asked Mr. Horan to resign. Will he? We will wait and see.
* Wayne Ford gave an excellent presentation on the failure of IVGID to properly complete the Bike Park next to the Rec Center. Apparently, the BMP drainage required by TRPA was not done along with several other items. Simply put, IVGID failed on two fronts and these mistakes are polluting our lake. The nine page agreement between IVGID and the Bike Park sponsor, Incline Tahoe Foundation ("ITF"), provided that IVGID would contribute $70,000 and the balance of the costs would come from ITF. As could be expected, IVGID jumped the gun, spent $58,415 through the end of June and plans to spend another $17,852 exceeding the original commitment by $6,267. ITF never had the required money to complete the project and only funded $153,778 while IVGID coughed up $31,691 which must be repaid. Good luck on that. So apparently there is no money to complete the project and ITF must seek more donations.
* Mike McCloskey gave a wrap up presentation on the two Golf Courses. Total revenues and expenses were not included. The only thing discussed was raising non-resident user fees. There was also a presentation on Catering operations which only addressed revenues and omitted any mention of expenses. A citizen during public comment asked why the Golf Courses still require a subsidy of $1,300,000 from our Rec Fees when the Master Plan study by Global Golf Advisors indicated that both Golf Courses should break even by 2018. No one addressed the citizen’s question. Guess we missed the mark on that Master Plan Study. Shouldn't we know why the District has missed its own objectives?
* A draft of the new proposed IVGID CODE was included in the Board Packet. This CODE was originally suggested by the GM and assigned to Jason Guinasso, outside legal counsel, to assemble all of the past Policies, Practices, Resolutions and Ordinances into one central book for easy reference. The Board did not authorize this project. As stated in the 239 pages "All IVGID past ordinances, policies, resolutions, and practices which are now embodied in the IVGID CODE are hereby repealed." Several citizens were outraged. According to Mr. Dolan, it seems all of the past documents were rewritten with Counsel Guinasso transferring all the Board’s authority to the GM and placing all the Board’s Ordinances, Resolutions, Policies and Practices under the GM’s control. The GM can not only represent the Board without conferring with the Board he can also deviate from the rules at his discretion. Shady, Shady, Shady. What does all this suggest? The Board is out to lunch and is becoming irrelevant.
* Along with Mr. Dolan, a retired biologist assailed the District for their ecologically ignorant leadership when they determined years ago to make the Village Green a temporary dog park. This travesty, included in the Code, was rife with unenforceable provisions and evidenced the District’s immoral and illegal intent to circumvent the rules protecting our lake.
* Several citizens discussed their group efforts to promote defensible space and other measures to protect their neighborhood from devastating forest fires. They have been working with the North Lake Tahoe Fire District to achieve their goals. Many of us hope that their program can be shared throughout our Incline Village/Crystal Bay community.
* Two representatives from the North Lake Tahoe Fire District discussed the Fire District’s Fuel Management programs and defensible space programs. This was a timely presentation, as we are all concerned about the Fire dangers in our community and need to be informed of all measures we can take to avoid the tragic destruction blazing through Northern and Southern California.
#Violations #Misc
The Board meeting on Tuesday, November 13, 2018 brought about 45 minutes of public comment on a variety of subjects suggesting IVGID just can't seem to get it right.
* Mrs. Dobler asked each Trustee and the General Manager when she might receive documentation of the remaining $530,000 in charges claimed to be for lining the wastewater Pond at the Sewer Plant and later claimed to be for work on the Effluent Pipeline – Phase II. She only received 81 invoices for $259,000 which had nothing to do with either the wastewater Pond or the Effluent Pipeline Phase II. Chair Wong stated that she does not respond to questions during public comment. Trustee Horan stated he would talk with the GM at the break. Trustee Morris said nothing. Callicrate said he would discuss it with the GM and Dent, who was participating by teleconference, was not asked. GM Pinkerton said he does not respond to questions during public comment. NO ONE ANSWERED MRS. DOBLER'S SIMPLE QUESTION OF WHEN SHE MIGHT RECEIVE THE DOCUMENTATION ON OVER 1/2 MILLION DOLLARS SPENT ON SOMETHING WHICH WE KNOW NOTHING ABOUT. Mrs. Dobler has been asking for this information for the past five months.
* A citizen informed the Board that Trustee Phil Horan had put his Incline house up for sale and bought a new home in Reno on July 31, 2018. The Security Instrument (mortgage) on his new home clearly states that Mr. Horan and his wife "shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence for at least one year after the date of occupancy." Accordingly, Mr. Horan no longer could be a resident of Incline Village and would be ineligible to serve on the IVGID Board. The citizen asked Mr. Horan to resign. Will he? We will wait and see.
* Wayne Ford gave an excellent presentation on the failure of IVGID to properly complete the Bike Park next to the Rec Center. Apparently, the BMP drainage required by TRPA was not done along with several other items. Simply put, IVGID failed on two fronts and these mistakes are polluting our lake. The nine page agreement between IVGID and the Bike Park sponsor, Incline Tahoe Foundation ("ITF"), provided that IVGID would contribute $70,000 and the balance of the costs would come from ITF. As could be expected, IVGID jumped the gun, spent $58,415 through the end of June and plans to spend another $17,852 exceeding the original commitment by $6,267. ITF never had the required money to complete the project and only funded $153,778 while IVGID coughed up $31,691 which must be repaid. Good luck on that. So apparently there is no money to complete the project and ITF must seek more donations.
* Mike McCloskey gave a wrap up presentation on the two Golf Courses. Total revenues and expenses were not included. The only thing discussed was raising non-resident user fees. There was also a presentation on Catering operations which only addressed revenues and omitted any mention of expenses. A citizen during public comment asked why the Golf Courses still require a subsidy of $1,300,000 from our Rec Fees when the Master Plan study by Global Golf Advisors indicated that both Golf Courses should break even by 2018. No one addressed the citizen’s question. Guess we missed the mark on that Master Plan Study. Shouldn't we know why the District has missed its own objectives?
* A draft of the new proposed IVGID CODE was included in the Board Packet. This CODE was originally suggested by the GM and assigned to Jason Guinasso, outside legal counsel, to assemble all of the past Policies, Practices, Resolutions and Ordinances into one central book for easy reference. The Board did not authorize this project. As stated in the 239 pages "All IVGID past ordinances, policies, resolutions, and practices which are now embodied in the IVGID CODE are hereby repealed." Several citizens were outraged. According to Mr. Dolan, it seems all of the past documents were rewritten with Counsel Guinasso transferring all the Board’s authority to the GM and placing all the Board’s Ordinances, Resolutions, Policies and Practices under the GM’s control. The GM can not only represent the Board without conferring with the Board he can also deviate from the rules at his discretion. Shady, Shady, Shady. What does all this suggest? The Board is out to lunch and is becoming irrelevant.
* Along with Mr. Dolan, a retired biologist assailed the District for their ecologically ignorant leadership when they determined years ago to make the Village Green a temporary dog park. This travesty, included in the Code, was rife with unenforceable provisions and evidenced the District’s immoral and illegal intent to circumvent the rules protecting our lake.
* Several citizens discussed their group efforts to promote defensible space and other measures to protect their neighborhood from devastating forest fires. They have been working with the North Lake Tahoe Fire District to achieve their goals. Many of us hope that their program can be shared throughout our Incline Village/Crystal Bay community.
* Two representatives from the North Lake Tahoe Fire District discussed the Fire District’s Fuel Management programs and defensible space programs. This was a timely presentation, as we are all concerned about the Fire dangers in our community and need to be informed of all measures we can take to avoid the tragic destruction blazing through Northern and Southern California.
#Violations #Misc
Nov 16, 2018 12:47:37pm
Our Village Voice updated their status.
The new IVGID CODE – Clarification
We reported a few days ago, that Steve Dolan, a citizen and proponent of a dedicated dog park, thought that the draft of a new IVGID CODE provided new rules for a temporary dog park which he found objectionable. He did not realize that the rules were the same rules adopted in 2009 when Village Green was designated as a temporary dog park. Since the rules are quite weak and most not enforceable he was not happy. We later talked with Steve and explained to him that the rules remained the same and were just incorporated into the IVGID CODE. He provided an e mail to the Board, Staff and another citizen apologizing for his misunderstanding.
The draft of the new IVGID CODE at this stage is an amalgamation of all past Policies, Practices, Resolutions and Ordinances. According to Jason Guinasso, our outside legal counsel, nothing has been changed. Cross referencing will be required to verify his statements. The Board intends on having some workshops on the CODE and we assume some changes may be made to hopefully strengthen ambiguous language which exists.
For several years, Steve Dolan has been advocating for a dedicated dog park. Based on the last survey conducted as part of the Master Plan, 73% of the citizens support getting the dog park off of the Village Green. We appreciate his efforts.
#Misc
We reported a few days ago, that Steve Dolan, a citizen and proponent of a dedicated dog park, thought that the draft of a new IVGID CODE provided new rules for a temporary dog park which he found objectionable. He did not realize that the rules were the same rules adopted in 2009 when Village Green was designated as a temporary dog park. Since the rules are quite weak and most not enforceable he was not happy. We later talked with Steve and explained to him that the rules remained the same and were just incorporated into the IVGID CODE. He provided an e mail to the Board, Staff and another citizen apologizing for his misunderstanding.
The draft of the new IVGID CODE at this stage is an amalgamation of all past Policies, Practices, Resolutions and Ordinances. According to Jason Guinasso, our outside legal counsel, nothing has been changed. Cross referencing will be required to verify his statements. The Board intends on having some workshops on the CODE and we assume some changes may be made to hopefully strengthen ambiguous language which exists.
For several years, Steve Dolan has been advocating for a dedicated dog park. Based on the last survey conducted as part of the Master Plan, 73% of the citizens support getting the dog park off of the Village Green. We appreciate his efforts.
#Misc
Nov 19, 2018 9:29:15pm
A message from Sara Schmitz:
Community Action Committee IDEA
Thank you for your encouragement and support. It's meant a great deal to me over the past months. I learned so much from all of you. In reflecting upon what I’ve learned, I am inviting you to join me to take action. Please email me if you are interested in forming a Community Action Committee. With strong community involvement, we can make a difference.
There are a few issues you’ve identified as priorities. If we consolidate our efforts, we can accomplish a great deal. We can collaborate with our state representatives to draft and pass legislation requiring GID’s, such as ours, to have a comprehensive audit. We can formulate a recommendation to the Washoe County Board of Commissioners related to short term rentals. They're meeting on this subject sometime after the New Year. We can construct recommendations to the IVGID Board on changes to Ordinance 7 (and the new IVGID Code), specifically as it relates to beach access. Whether it be these issues or others, please let me know if you’d like to join in so we can begin taking action to make our community better.
Together we CAN make a difference! Email me at sara@sara4IVGID.com
#Misc
Community Action Committee IDEA
Thank you for your encouragement and support. It's meant a great deal to me over the past months. I learned so much from all of you. In reflecting upon what I’ve learned, I am inviting you to join me to take action. Please email me if you are interested in forming a Community Action Committee. With strong community involvement, we can make a difference.
There are a few issues you’ve identified as priorities. If we consolidate our efforts, we can accomplish a great deal. We can collaborate with our state representatives to draft and pass legislation requiring GID’s, such as ours, to have a comprehensive audit. We can formulate a recommendation to the Washoe County Board of Commissioners related to short term rentals. They're meeting on this subject sometime after the New Year. We can construct recommendations to the IVGID Board on changes to Ordinance 7 (and the new IVGID Code), specifically as it relates to beach access. Whether it be these issues or others, please let me know if you’d like to join in so we can begin taking action to make our community better.
Together we CAN make a difference! Email me at sara@sara4IVGID.com
#Misc
Nov 22, 2018 10:18:15am
Our Village Voice updated their status.
To the Followers of Our Village Voice
2018 was an eventful year in the annals of Incline Village Improvement District.
In November, the voters decided that the existing Trustees should remain in place for two more years.
The last Board meeting, held three weeks ago, had several items which we will write about and 2019 should start off with a bang.
Our Village Voice has nearly a 1,000 viewers and we hope to add more in 2019. We thank you for your readership.
Two new people will join Our Village Voice to help us hunt down the actual truth and we thank them for their participation.
We thank you for your support in helping us inform the IVGID citizenship about what is happening.
We hope everyone had a good Holiday Season and we wish everyone a Happy New Year.
Cliff Dobler, Linda Newman, and Iljosa Dobler
#Misc
2018 was an eventful year in the annals of Incline Village Improvement District.
In November, the voters decided that the existing Trustees should remain in place for two more years.
The last Board meeting, held three weeks ago, had several items which we will write about and 2019 should start off with a bang.
Our Village Voice has nearly a 1,000 viewers and we hope to add more in 2019. We thank you for your readership.
Two new people will join Our Village Voice to help us hunt down the actual truth and we thank them for their participation.
We thank you for your support in helping us inform the IVGID citizenship about what is happening.
We hope everyone had a good Holiday Season and we wish everyone a Happy New Year.
Cliff Dobler, Linda Newman, and Iljosa Dobler
#Misc
Dec 31, 2018 11:43:19am
Our Village Voice updated their status.
The Utility Fund – is literally "in the toilet"
On December 11, 2018, the US Department of Transportation announced the Federal BUILD Grant awards. The Tahoe Transportation District (“TTD”) did NOT receive a Grant for their proposed Bike Path Project. As a consequence, IVGID’s ability to co-locate a small portion of the Effluent Pipeline Phase II ("Pipeline") in TTD’s proposed project will not occur and Kendra Wong's unauthorized commitment of $7,500,000 of our public funds as a local match will not be required. This revelation was not mentioned at the BOT meeting the next day. It should have been! With no potential SAVINGS to be realized from co-locating a portion of the Pipeline in TTD’s Shared Use Bike Path, IVGID will have to "develop next steps relative to overall scope.” In other words, the District will need a REAL PLAN to design, finance and implement the replacement of 6 miles of our vital infrastructure.
As we have reported many times, the Utility Fund is broke! The Fund has no reserves and a portion of the $2 million collected annually from ratepayers for more than 5 years to fund the Pipeline, rather than being set aside, has been used for other purposes and projects.
Now, the immediate problem is the projected 2019/2020 Utility Fund budget and what the new Utility Rate Study will reveal when it is presented within the next 6 weeks. The 2018/19 Utility Rate Study, adopted last May, projected for the 2019/2020 capital budget: $4,960,000 of revenues collected from customers for capital “expenses” and $4,881,000 to be spent. After allocating $640,000 for debt payments, $2,000,000 to be set aside for the Pipeline, and $191,000 for vehicles, only $2,169,000 remains. There is $980,000 budgeted for eight water projects, of which, 47% is to replace a water main on Alder Avenue.
There is $823,000 for 8 sewer projects. One of these projects, the Aeration Upgrades at the sewer plant, was budgeted for $350,000 but the recent estimate is $1,179,000. So the shortfall on this project alone, is $828,000. The “infamous" wastewater Pond Lining which was reported as being completed, but was not even initiated, isn’t even in the budget. To actually accomplish this vital project, there are 4 options with estimates ranging between $500,000 and $3,200,000. It appears the engineering consultant is leaning towards one of two options estimated between $900,000 and $1,100,000. The Nevada Division of Environmental Protection (“NDEP”), which shut down the Pond for non-compliance with regulations, was to receive a plan by March, 2015. It has yet to receive one. The contract to design the Pond Lining was not even issued by IVGID until March of 2018. Talk about stalling.
With these two "must do projects,” the budget will be short close to $2,000,000. Since no reserves exist, IVGID will have to tap the Pipeline money again or raise utility rates by approximately 20%. Our bet is there will be another "Cock and Bull Story" about a potential Federal Grant and the GM will continue the fiction that the Pond was part of the Pipeline, which it was not, and the Pipeline set aside money will again be raided.
In addition, the $4,000,000 necessary to achieve an appropriate level of working capital as required by Board policy, will remain at almost ZERO. If the proper level of working capital was established, another one time increase of 40% in customer rates would be necessary.
Let's see what happens!
#Utility
On December 11, 2018, the US Department of Transportation announced the Federal BUILD Grant awards. The Tahoe Transportation District (“TTD”) did NOT receive a Grant for their proposed Bike Path Project. As a consequence, IVGID’s ability to co-locate a small portion of the Effluent Pipeline Phase II ("Pipeline") in TTD’s proposed project will not occur and Kendra Wong's unauthorized commitment of $7,500,000 of our public funds as a local match will not be required. This revelation was not mentioned at the BOT meeting the next day. It should have been! With no potential SAVINGS to be realized from co-locating a portion of the Pipeline in TTD’s Shared Use Bike Path, IVGID will have to "develop next steps relative to overall scope.” In other words, the District will need a REAL PLAN to design, finance and implement the replacement of 6 miles of our vital infrastructure.
As we have reported many times, the Utility Fund is broke! The Fund has no reserves and a portion of the $2 million collected annually from ratepayers for more than 5 years to fund the Pipeline, rather than being set aside, has been used for other purposes and projects.
Now, the immediate problem is the projected 2019/2020 Utility Fund budget and what the new Utility Rate Study will reveal when it is presented within the next 6 weeks. The 2018/19 Utility Rate Study, adopted last May, projected for the 2019/2020 capital budget: $4,960,000 of revenues collected from customers for capital “expenses” and $4,881,000 to be spent. After allocating $640,000 for debt payments, $2,000,000 to be set aside for the Pipeline, and $191,000 for vehicles, only $2,169,000 remains. There is $980,000 budgeted for eight water projects, of which, 47% is to replace a water main on Alder Avenue.
There is $823,000 for 8 sewer projects. One of these projects, the Aeration Upgrades at the sewer plant, was budgeted for $350,000 but the recent estimate is $1,179,000. So the shortfall on this project alone, is $828,000. The “infamous" wastewater Pond Lining which was reported as being completed, but was not even initiated, isn’t even in the budget. To actually accomplish this vital project, there are 4 options with estimates ranging between $500,000 and $3,200,000. It appears the engineering consultant is leaning towards one of two options estimated between $900,000 and $1,100,000. The Nevada Division of Environmental Protection (“NDEP”), which shut down the Pond for non-compliance with regulations, was to receive a plan by March, 2015. It has yet to receive one. The contract to design the Pond Lining was not even issued by IVGID until March of 2018. Talk about stalling.
With these two "must do projects,” the budget will be short close to $2,000,000. Since no reserves exist, IVGID will have to tap the Pipeline money again or raise utility rates by approximately 20%. Our bet is there will be another "Cock and Bull Story" about a potential Federal Grant and the GM will continue the fiction that the Pond was part of the Pipeline, which it was not, and the Pipeline set aside money will again be raided.
In addition, the $4,000,000 necessary to achieve an appropriate level of working capital as required by Board policy, will remain at almost ZERO. If the proper level of working capital was established, another one time increase of 40% in customer rates would be necessary.
Let's see what happens!
#Utility
Jan 03, 2019 12:21:25pm
Our Village Voice updated their status.
Correction of an error in a previous article regarding Mr. Horan's ability to remain as an IVGID Trustee.
On January 17, 2019, we posted an article regarding whether or not Phil Horan should remain as a Trustee of the Incline Village General Improvement District. Our article was based on the premise that occupancy as a primary residence on houses in both Reno and Incline Village was not possible according to certain loan documents recorded on the properties. A reader of our article informed us that the loan documents for the Reno property were amended by an "Assignment of Rents Rider" which eliminated the principal resident occupancy requirements. As such, we made an error in stating that Mr. Horan was obligated to occupy the Reno property and thus could no longer be a resident of Incline Village and should most probably resign his position as a Trustee of the Incline Village General Improvement District.
We were incorrect on our premise and sincerely apologize for the error.
#Misc
On January 17, 2019, we posted an article regarding whether or not Phil Horan should remain as a Trustee of the Incline Village General Improvement District. Our article was based on the premise that occupancy as a primary residence on houses in both Reno and Incline Village was not possible according to certain loan documents recorded on the properties. A reader of our article informed us that the loan documents for the Reno property were amended by an "Assignment of Rents Rider" which eliminated the principal resident occupancy requirements. As such, we made an error in stating that Mr. Horan was obligated to occupy the Reno property and thus could no longer be a resident of Incline Village and should most probably resign his position as a Trustee of the Incline Village General Improvement District.
We were incorrect on our premise and sincerely apologize for the error.
#Misc
Jan 18, 2019 3:49:09pm
Our Village Voice updated their status.
Attempt to line Guinasso's pockets FAILS, but he triumphs with a new contract
At the February 6th, 2019, IVGID BOT meeting, GM Pinkerton and Fixer Guinasso requested the Trustees to pay Guinasso $5,000 so he could file a judicial review of the Attorney General’s (“OAG”) Findings of Fact and Conclusion of Law. The OAG stated clearly that Trustees Wong, Horan and Morris violated the Open Meeting Law by holding a secret meeting and that Pinkerton did not have any authority to initiate the lawsuit against GSGI, the parent of Flash Vote. The OAG stated that the Trustees must approve litigation and appropriate public funds in a public meeting. All five Trustees turned down the request. Our view is the request was nothing more than a smokescreen and was only set up to declare that the OAG was wrong and the GM and the Fixer did everything correctly.
What we found remarkable is the request stated: "The OAG's Finding of Fact and Conclusions of Law are ACADEMIC and do not penalize IVGID in any way." In other words violating the law by them is "NO BIG DEAL" other than wasting time and our money.
Over the objections of Trustees Callicrate and Dent and several citizens, Trustees Wong, Horan and Morris voted to approve a three year Retainer Agreement with Guinasso and his law firm Hutchison & Steffen. The annual retainer increased by 20% to $144,000 plus more fees for extra services including litigation. There is also a 6 month termination clause ($72,000) to end his services. Prior to Guinasso arriving, the previous attorney's retainer was $60,000 per year.
We learned that the Retainer Agreement was not reviewed by independent legal counsel to ensure disclosure of all potential conflicts of interest, compliance with Nevada Law, and all Board policies and practices. We were also surprised to discover that the Trustees never had a discussion on the responsibilities of Guinasso, which were solely determined by the General Manager and Senior Staff. Trustees Wong, Horan and Morris don’t seem to care.
All IVGID contracts are reviewed by outside legal counsel except Guinasso’s. Interesting !
#Misc
At the February 6th, 2019, IVGID BOT meeting, GM Pinkerton and Fixer Guinasso requested the Trustees to pay Guinasso $5,000 so he could file a judicial review of the Attorney General’s (“OAG”) Findings of Fact and Conclusion of Law. The OAG stated clearly that Trustees Wong, Horan and Morris violated the Open Meeting Law by holding a secret meeting and that Pinkerton did not have any authority to initiate the lawsuit against GSGI, the parent of Flash Vote. The OAG stated that the Trustees must approve litigation and appropriate public funds in a public meeting. All five Trustees turned down the request. Our view is the request was nothing more than a smokescreen and was only set up to declare that the OAG was wrong and the GM and the Fixer did everything correctly.
What we found remarkable is the request stated: "The OAG's Finding of Fact and Conclusions of Law are ACADEMIC and do not penalize IVGID in any way." In other words violating the law by them is "NO BIG DEAL" other than wasting time and our money.
Over the objections of Trustees Callicrate and Dent and several citizens, Trustees Wong, Horan and Morris voted to approve a three year Retainer Agreement with Guinasso and his law firm Hutchison & Steffen. The annual retainer increased by 20% to $144,000 plus more fees for extra services including litigation. There is also a 6 month termination clause ($72,000) to end his services. Prior to Guinasso arriving, the previous attorney's retainer was $60,000 per year.
We learned that the Retainer Agreement was not reviewed by independent legal counsel to ensure disclosure of all potential conflicts of interest, compliance with Nevada Law, and all Board policies and practices. We were also surprised to discover that the Trustees never had a discussion on the responsibilities of Guinasso, which were solely determined by the General Manager and Senior Staff. Trustees Wong, Horan and Morris don’t seem to care.
All IVGID contracts are reviewed by outside legal counsel except Guinasso’s. Interesting !
#Misc
Feb 10, 2019 8:59:36am
Our Village Voice updated their status.
Peter Morris – Are you qualified to be IVGID Treasurer?
Below is a reprint of a letter from Clifford F. Dobler to Peter Morris. It's a must read.
February 15, 2019
Peter Morris, Trustee and Treasurer Incline Village General Improvement District 893 Southwood Boulevard Incline Village, Nevada 89451
Dear Trustee Morris,
Since you are our Treasurer, I wanted to express my concern about your unbelievable statement regarding IVGID's compliance with Board Practice 19.2.0 (“Practice”) as it relates to the Utility Fund and the current 2019 Utility Rate Study now under review. The Practice and its related Policy 19.1.0 were established to ensure that the Utility Fund has a targeted amount of working capital available at all times AND would maintain and hold accumulated resources (money) for multiyear capital projects. At the February 6, 2019 Board meeting, in response to the incomplete data provided by Staff, you stated: "I think it's good and I'm happy with it." There can be no doubt the data was both selective and misleading since the Utility Fund is not in complete compliance with the Practice and is in fact almost $5,000,000 underwater. How can that be “good”?
At that meeting, Director of Finance Eick indicated that the first part of the Practice, regarding working capital, was in compliance and exceeded the targeted amounts. So the higher end of the target ($4,845,000) was met and there is an extra $1,283,794 in working capital. Great! But there are two parts to the Practice. Mr. Eick failed to disclose anything about compliance with the second part. He refused to address the $9,703,000 of accumulated resources for the multiyear capital projects ( the largest being the Effluent Pipeline Phase II) disclosed in Note 19 – Commitments in the June 30, 2018 Comprehensive Annual Financial Report (“CAFR”). According to the CAFR there is only $3,452,821 in Long Term Investments to fund NINE MILLION SEVEN HUNDRED AND THREE THOUSAND DOLLARS in Commitments . If my math is correct, there is an enormous shortfall of $6,250,179 which had been collected from customers appropriated by the Board for multiyear capital projects and subsequently diverted to other projects and purchases. If the excess working capital of $1,283,794 is used to offset some of the shortage, the Utility Fund still remains upside down by over $5,000,000 as of June 30, 2018. So, in order to comply with the working capital target, money has been moved from Long Term Investments held for multiyear capital projects to fund working capital. This is known as robbing Peter to pay Paul. Since 2015, Long Term Investments have shrunk from $9,000,000 to $3,500,000. Are you really “happy” or is it that you don’t understand this deception?
Since Mr. Pinkerton’s arrival in 2014, the accumulated money collected for multi-year capital project commitments has been used to cover other expenses and projects. To make matters worse, you and your spendthrift Trustees Wong and Horan also voted for a 2018/2019 Utility Fund Budget where expenditures exceeded revenues by almost $500,000,thus driving the Utility Fund into a deeper financial hole. This is unacceptable, it dangerously undermines the financial stability of the Utility Fund and places the District and its ratepayers in the position of not having the funding available to meet its commitments. Trustees Dent and Callicrate have taken this grave matter seriously and have spent a considerable amount of time with me and others concerned with the District’s non-compliance with its own Policies and Practices. Their concerns have been raised with the Board on multiple occasions and have not been heeded. Instead, you have seen fit to counter their questions, analysis and facts with personal attacks based upon your uninformed opinions.
To be perfectly clear, over the past four years, the increase in utility rates could not keep pace with GM Pinkerton’s appetite for spending our public money. He spent millions on new trucks and constructing a cold storage building and an on-site apartment. As Treasurer, it was incumbent upon you to make sure our utility rates were increased enough to actually cover these expenditures rather than grabbing the accumulated money set aside for the Effluent Pipeline Phase II project. Obviously, they weren’t. I ask rhetorically how you would react if you gave your broker money to invest for your daughter’s college education and instead of setting the money aside in long term investments, the broker used the money to buy you a boat?
I am extremely concerned about your ability to competently assess any financial matters. As I recall, during your election campaign for IVGID trustee, you stated you made a personal decision not to pay the mortgage on your home and the lender foreclosed. On your campaign website you stated: "I have spent seven years starting and building one of the most successful homecare and home health agencies in northern Nevada." Now, two years later, on October 15, 2018, , Waleran Enterprises Inc., which you own and doing business as Bright Star Care Reno, filed a Voluntary Petition for Bankruptcy under Chapter 7 of the US bankruptcy laws. The business was closed down and the court appointed a Trustee to liquidate all assets and have any unpaid liabilities discharged. I reviewed various documents on the court docket that you and your attorney filed and saw that Wells Fargo Bank is owed $49,000 on two loans. These loans were taken out shortly before the filing. In addition, there are 45 people listed as having potential claims for unpaid wages in undetermined amounts. There are also customer receivables which are 90 days past due. Based on my 30 years of experience resolving distressed debt, most will probably be uncollectable. There won't be much to pay former employees for services rendered or for the other creditors.
In the Washoe County Second Judicial Court, a lawsuit was filed by Erin Page, a former employee of your defunct company, for failure to pay wages. The lawsuit was amended adding you as a defendant and asking the Court to allow the lawsuit to be expanded into a “class action.” I assume this amendment would allow the 45 people mentioned above to become Plaintiffs in the lawsuit. All of this information has been assembled from publicly available documents.
I think the contents of this letter are important to our citizens and our Board members since you were just reelected IVGID Treasurer. It appears that you don’t handle money very well and don’t seem to be in touch with your duties as stated in NRS 318.085: "The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records."
I, along with many others, believe you should step down as IVGID's Treasurer. Based upon your track record, sound financial management does not appear to be your forte.
By this letter, I ask Susan Herron to include it in the packet for the next Board of Trustees meeting.
Sincerely,
Clifford F. Dobler
cc: IVGID Board of Trustees
cc: Susan Herron, Board Clerk
cc: Incline Village/Crystal Bay residents via Our Village Voice
#Misc
Below is a reprint of a letter from Clifford F. Dobler to Peter Morris. It's a must read.
February 15, 2019
Peter Morris, Trustee and Treasurer Incline Village General Improvement District 893 Southwood Boulevard Incline Village, Nevada 89451
Dear Trustee Morris,
Since you are our Treasurer, I wanted to express my concern about your unbelievable statement regarding IVGID's compliance with Board Practice 19.2.0 (“Practice”) as it relates to the Utility Fund and the current 2019 Utility Rate Study now under review. The Practice and its related Policy 19.1.0 were established to ensure that the Utility Fund has a targeted amount of working capital available at all times AND would maintain and hold accumulated resources (money) for multiyear capital projects. At the February 6, 2019 Board meeting, in response to the incomplete data provided by Staff, you stated: "I think it's good and I'm happy with it." There can be no doubt the data was both selective and misleading since the Utility Fund is not in complete compliance with the Practice and is in fact almost $5,000,000 underwater. How can that be “good”?
At that meeting, Director of Finance Eick indicated that the first part of the Practice, regarding working capital, was in compliance and exceeded the targeted amounts. So the higher end of the target ($4,845,000) was met and there is an extra $1,283,794 in working capital. Great! But there are two parts to the Practice. Mr. Eick failed to disclose anything about compliance with the second part. He refused to address the $9,703,000 of accumulated resources for the multiyear capital projects ( the largest being the Effluent Pipeline Phase II) disclosed in Note 19 – Commitments in the June 30, 2018 Comprehensive Annual Financial Report (“CAFR”). According to the CAFR there is only $3,452,821 in Long Term Investments to fund NINE MILLION SEVEN HUNDRED AND THREE THOUSAND DOLLARS in Commitments . If my math is correct, there is an enormous shortfall of $6,250,179 which had been collected from customers appropriated by the Board for multiyear capital projects and subsequently diverted to other projects and purchases. If the excess working capital of $1,283,794 is used to offset some of the shortage, the Utility Fund still remains upside down by over $5,000,000 as of June 30, 2018. So, in order to comply with the working capital target, money has been moved from Long Term Investments held for multiyear capital projects to fund working capital. This is known as robbing Peter to pay Paul. Since 2015, Long Term Investments have shrunk from $9,000,000 to $3,500,000. Are you really “happy” or is it that you don’t understand this deception?
Since Mr. Pinkerton’s arrival in 2014, the accumulated money collected for multi-year capital project commitments has been used to cover other expenses and projects. To make matters worse, you and your spendthrift Trustees Wong and Horan also voted for a 2018/2019 Utility Fund Budget where expenditures exceeded revenues by almost $500,000,thus driving the Utility Fund into a deeper financial hole. This is unacceptable, it dangerously undermines the financial stability of the Utility Fund and places the District and its ratepayers in the position of not having the funding available to meet its commitments. Trustees Dent and Callicrate have taken this grave matter seriously and have spent a considerable amount of time with me and others concerned with the District’s non-compliance with its own Policies and Practices. Their concerns have been raised with the Board on multiple occasions and have not been heeded. Instead, you have seen fit to counter their questions, analysis and facts with personal attacks based upon your uninformed opinions.
To be perfectly clear, over the past four years, the increase in utility rates could not keep pace with GM Pinkerton’s appetite for spending our public money. He spent millions on new trucks and constructing a cold storage building and an on-site apartment. As Treasurer, it was incumbent upon you to make sure our utility rates were increased enough to actually cover these expenditures rather than grabbing the accumulated money set aside for the Effluent Pipeline Phase II project. Obviously, they weren’t. I ask rhetorically how you would react if you gave your broker money to invest for your daughter’s college education and instead of setting the money aside in long term investments, the broker used the money to buy you a boat?
I am extremely concerned about your ability to competently assess any financial matters. As I recall, during your election campaign for IVGID trustee, you stated you made a personal decision not to pay the mortgage on your home and the lender foreclosed. On your campaign website you stated: "I have spent seven years starting and building one of the most successful homecare and home health agencies in northern Nevada." Now, two years later, on October 15, 2018, , Waleran Enterprises Inc., which you own and doing business as Bright Star Care Reno, filed a Voluntary Petition for Bankruptcy under Chapter 7 of the US bankruptcy laws. The business was closed down and the court appointed a Trustee to liquidate all assets and have any unpaid liabilities discharged. I reviewed various documents on the court docket that you and your attorney filed and saw that Wells Fargo Bank is owed $49,000 on two loans. These loans were taken out shortly before the filing. In addition, there are 45 people listed as having potential claims for unpaid wages in undetermined amounts. There are also customer receivables which are 90 days past due. Based on my 30 years of experience resolving distressed debt, most will probably be uncollectable. There won't be much to pay former employees for services rendered or for the other creditors.
In the Washoe County Second Judicial Court, a lawsuit was filed by Erin Page, a former employee of your defunct company, for failure to pay wages. The lawsuit was amended adding you as a defendant and asking the Court to allow the lawsuit to be expanded into a “class action.” I assume this amendment would allow the 45 people mentioned above to become Plaintiffs in the lawsuit. All of this information has been assembled from publicly available documents.
I think the contents of this letter are important to our citizens and our Board members since you were just reelected IVGID Treasurer. It appears that you don’t handle money very well and don’t seem to be in touch with your duties as stated in NRS 318.085: "The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district in permanent records."
I, along with many others, believe you should step down as IVGID's Treasurer. Based upon your track record, sound financial management does not appear to be your forte.
By this letter, I ask Susan Herron to include it in the packet for the next Board of Trustees meeting.
Sincerely,
Clifford F. Dobler
cc: IVGID Board of Trustees
cc: Susan Herron, Board Clerk
cc: Incline Village/Crystal Bay residents via Our Village Voice
#Misc
Feb 22, 2019 5:49:17pm
Our Village Voice updated their status.
"Take me out to the Ball Game, Take me out to the Park, buy me some peanuts and crackerjacks"
With the advent of the baseball season, we are pleased to report that the renovations of the baseball fields at Incline Park will get underway.
The renovation costs will be entirely funded through the Incline Tahoe Foundation from a donation by the Dave and Cheryl Duffield Foundation. We thank the Duffield's for their generosity and for staying with the project over the last two years. In turn, we as residents can help support the Boys and Girls Club, an organization which is dear to the Duffield family.
The renovations were originally estimated to cost $760,000 in 2017, then escalated to $1,208,000 in 2018 and finally settled in at $1,409,000. Apparently an attempt at competitive bidding in early 2018 failed as no contractors submitted a bid and the project was delayed. A negotiated contract was finally issued to Rapid Construction from Carson City and approved by the Board of Trustees.
While the renovations may not take on the character of Wrigley Field in Chicago or Dodger Stadium in Los Angeles or Fenway Park in Boston, we are quite sure the Incline Fields will look great. If you play baseball, Enjoy.
P.S. "Take me out to the ball game" was written in 1908 by Jack Horwith and Albert Von Tilzer and sung by Tin Pan Alley. Nothing like the 7th inning stretch.
#Misc
With the advent of the baseball season, we are pleased to report that the renovations of the baseball fields at Incline Park will get underway.
The renovation costs will be entirely funded through the Incline Tahoe Foundation from a donation by the Dave and Cheryl Duffield Foundation. We thank the Duffield's for their generosity and for staying with the project over the last two years. In turn, we as residents can help support the Boys and Girls Club, an organization which is dear to the Duffield family.
The renovations were originally estimated to cost $760,000 in 2017, then escalated to $1,208,000 in 2018 and finally settled in at $1,409,000. Apparently an attempt at competitive bidding in early 2018 failed as no contractors submitted a bid and the project was delayed. A negotiated contract was finally issued to Rapid Construction from Carson City and approved by the Board of Trustees.
While the renovations may not take on the character of Wrigley Field in Chicago or Dodger Stadium in Los Angeles or Fenway Park in Boston, we are quite sure the Incline Fields will look great. If you play baseball, Enjoy.
P.S. "Take me out to the ball game" was written in 1908 by Jack Horwith and Albert Von Tilzer and sung by Tin Pan Alley. Nothing like the 7th inning stretch.
#Misc
Mar 31, 2019 9:45:17am
Our Village Voice updated their status.
Red Flags all over – Major turnover in the IVGID senior staff
When Pinkerton arrived in 2014, IVGID had 14 senior staff positions. The outside attorney reported to the Board of Trustees and the organization chart had been constant for many years.
So as all thing go, when your Board of Trustees are out to lunch, senior staff positions began to grow, with 20 positions in 2016, then 23 positions in 2017, and currently 25 positions effective July 1, 2019.
At the same time the outside attorney no longer reports to the Board of Trustees and in fact all senior staff positions now report to the outside attorney.
Over the past year, the Director of Asset Management, the Director of Community Services, the Director of Golf, the Principal Engineer, the Communications Coordinator, the head of Caterings and the Mountain Course Golf pro have all abandoned the ship.
Pinkerton decided he needs an assistant manager and got one. The new Director of Golf is now in charge of IVGID's entire marketing and food and beverage operations. He came from Florida with a stopover in Houston. The majority of marketing is for Diamond Peak so it is only "natural" to have a golf pro be in charge. Information Technology, which was a senior position, now reports to the Director of Human Resources.
So what's going on? Do not know for sure, but turnover in high salaried jobs should be a cause of concern. After all, who likes working for an attorney?
#Misc
When Pinkerton arrived in 2014, IVGID had 14 senior staff positions. The outside attorney reported to the Board of Trustees and the organization chart had been constant for many years.
So as all thing go, when your Board of Trustees are out to lunch, senior staff positions began to grow, with 20 positions in 2016, then 23 positions in 2017, and currently 25 positions effective July 1, 2019.
At the same time the outside attorney no longer reports to the Board of Trustees and in fact all senior staff positions now report to the outside attorney.
Over the past year, the Director of Asset Management, the Director of Community Services, the Director of Golf, the Principal Engineer, the Communications Coordinator, the head of Caterings and the Mountain Course Golf pro have all abandoned the ship.
Pinkerton decided he needs an assistant manager and got one. The new Director of Golf is now in charge of IVGID's entire marketing and food and beverage operations. He came from Florida with a stopover in Houston. The majority of marketing is for Diamond Peak so it is only "natural" to have a golf pro be in charge. Information Technology, which was a senior position, now reports to the Director of Human Resources.
So what's going on? Do not know for sure, but turnover in high salaried jobs should be a cause of concern. After all, who likes working for an attorney?
#Misc
Apr 29, 2019 8:10:26am
Our Village Voice updated their status.
IVGID's department heads are shuffled like a deck of cards.
In review of the ever changing General Manager Pinkerton’s organizational chart, it makes me think he doesn’t have a clear strategy or vision. Most managers put in place an organizational structure to deliver on their desired outcome.
They typically focus their organization to meet or exceed their annual performance evaluation objectives (their annual review). Since the Board has given him “Meets Expectations” on his past reviews, what‘s driving these annual organization changes? The frequency of change may be the cause for the significant number of staff departures due to lack of clarity, job security, and career development.
Here are the highlights of this year’s reorganization:
• The former Director of Community Services role has a new name, the Assistant General Manager (Indra Winquest).
• The number of Managers/Directors under the newly renamed role of Assistant Manager has almost doubled:
o The former Director of Parks and Recreation (formerly Indra Winquest) has now been turned into 3 management positions (Parks, Recreation, and Beaches).
o There is another new position, Director/Manager of Buildings.
o Marketing and Food Services (formerly the Executive Chef) have both been shifted to report to the Director of Golf instead of the Director of Community Services (now the Assistant General Manager).
• The Manager of Information Technology and a newly created role of Risk Manager report to Human Resources. Information Technology used to report to the General Manager.
• The Safety Specialist, formerly reporting to the Director of Finance, appears to have been dissolved.
• Management of Engineering and Fleet, which began the Pinkerton era reporting to Public Works, was then moved under Mr. Pinkerton’s created and now dissolved role of Asset Manager (formerly held by Brad Johnson) is once again reporting to the Public Works Director.
Whew! What is the strategy to drive these changes? What impact does all of this have on employee retention?
Another change has a huge impact on the Board and Staff. This is the organizational change whereby the contract General Counsel is no longer reporting to the Board, but instead to the General Manager with the General Counsel having direct oversight over all staff.
• This is in conflict with Board Resolution 1480. The Resolution states the General Manager oversees day-to-day supervision of all employees with the exception of the General Counsel.
• In the new organizational chart, General Counsel is potentially overseeing the day-to-day supervision of all employees.
• Legal counsel was to advise the Board independently.
This separation of power has been dissolved with the organizational change.
Mr. Pinkerton has made these and other prior organizational changes without Board approval. The Board should be concerned about the retention of talent given these types of annual organization changes.
With so many changes under one General Manager, it leads one to the conclusion there isn’t a clear vision or strategy and it’s causing staff to seek other opportunities.
#Misc
In review of the ever changing General Manager Pinkerton’s organizational chart, it makes me think he doesn’t have a clear strategy or vision. Most managers put in place an organizational structure to deliver on their desired outcome.
They typically focus their organization to meet or exceed their annual performance evaluation objectives (their annual review). Since the Board has given him “Meets Expectations” on his past reviews, what‘s driving these annual organization changes? The frequency of change may be the cause for the significant number of staff departures due to lack of clarity, job security, and career development.
Here are the highlights of this year’s reorganization:
• The former Director of Community Services role has a new name, the Assistant General Manager (Indra Winquest).
• The number of Managers/Directors under the newly renamed role of Assistant Manager has almost doubled:
o The former Director of Parks and Recreation (formerly Indra Winquest) has now been turned into 3 management positions (Parks, Recreation, and Beaches).
o There is another new position, Director/Manager of Buildings.
o Marketing and Food Services (formerly the Executive Chef) have both been shifted to report to the Director of Golf instead of the Director of Community Services (now the Assistant General Manager).
• The Manager of Information Technology and a newly created role of Risk Manager report to Human Resources. Information Technology used to report to the General Manager.
• The Safety Specialist, formerly reporting to the Director of Finance, appears to have been dissolved.
• Management of Engineering and Fleet, which began the Pinkerton era reporting to Public Works, was then moved under Mr. Pinkerton’s created and now dissolved role of Asset Manager (formerly held by Brad Johnson) is once again reporting to the Public Works Director.
Whew! What is the strategy to drive these changes? What impact does all of this have on employee retention?
Another change has a huge impact on the Board and Staff. This is the organizational change whereby the contract General Counsel is no longer reporting to the Board, but instead to the General Manager with the General Counsel having direct oversight over all staff.
• This is in conflict with Board Resolution 1480. The Resolution states the General Manager oversees day-to-day supervision of all employees with the exception of the General Counsel.
• In the new organizational chart, General Counsel is potentially overseeing the day-to-day supervision of all employees.
• Legal counsel was to advise the Board independently.
This separation of power has been dissolved with the organizational change.
Mr. Pinkerton has made these and other prior organizational changes without Board approval. The Board should be concerned about the retention of talent given these types of annual organization changes.
With so many changes under one General Manager, it leads one to the conclusion there isn’t a clear vision or strategy and it’s causing staff to seek other opportunities.
#Misc
May 05, 2019 9:10:00am
Updated May 10, 2019 8:40:51am
Our Village Voice updated their status.
IVGID three Trustees just like to waste money. They vote for bad ideas.
Trustee Dent stated: "This is a waste of citizens money" referring to $95,000 in interest expense for an unnecessary borrowing. So true. At the Trustee meeting on May 1, 2019, an agenda item was put forth to borrow $800,000 for a lease/purchase of golf carts, a snow cat and a grass mower. The borrowing would be for five years and have a variable interest rate which currently is 4.52% annually . Now Dent and Callicrate saw no reason to borrow anything since the Community Services Special Revenue fund has over $8,000,000 in excess reserves above the required minimum which has been accumulated the past four years and has not been fully designated for spending on capital projects. So why not pay cash for the equipment and save the interest costs? A five year capital spending plan showed that at the end of the period there would still be excess cash even after plans to spend $2,400,000 on design for 10 new projects. Also keep in mind that over the five years, most of the borrowing suggested would be repaid with an extra $95,000 in interest.
To borrow any money requires approval from 4 of the 5 Trustees. The proposal was DEAD on arrival and should have been. The Trustee voted anyhow and the proposal failed on a standard 3-2 vote.
Now Trustees Morris and Wong somehow must believe that if money is borrowed then the immediate cash used to buy equipment would be "conserved" by borrowing and then available to spend on other things, seemly to suggest that repaying the borrowings are not required. We can understand Morris thinking this way. His company borrowed $50,000 from Well Fargo Bank and then defaulted on the loans shortly thereafter and filed a US Bankruptcy Chapter 7 liquidation. He also borrowed money for a home and defaulted on that borrowing. He seems to like borrowing money but not paying it back. Our esteemed treasurer. Wong, on the other hand, stated that $20,000 per year paid out for interest is insignificant. Thanks Kendra. Trustee Horan kept quiet.
Another exchange between Callicrate and Wong was almost unbelievable. Wong stated she was worried about the lack of money in the Beach Funds. A NEW pool at Burnt Cedar Beach and a NEW restroom and food service building at Incline Beach CANNOT be accomplished. Both projects were priorities for several years. Callicrate suggested, as he did in previous meetings, that since the Community Services Special Revenue Fund has so much excess cash then the Rec Fee should be adjusted downward for one year and the Beach Fee increased by the same amount to provide adequate cash in the Beach Funds to construct the two priority Beach projects.
Wong, a CPA, then stated that the excess money in the Community Services Special Fund would shrink. No kidding Kendra, but you get two priority projects completed instead of spending $2,379,800 over the next five years on designs for 10 new master plan projects. The two priority Beach projects were approved at least 4 or 5 years ago. So it seems that Kendra wants to be "concerned" about the Beach projects but offered no suggestions on how to fund their construction. Does the Diamond Peak Master Plan summer amusements ring a bell? Spend about $400,000 on feasibility studies and designs and let it sit for 4 years and then remove it from the new 5 year plan. NINE YEARS will have elapsed before it might get back on the 5 year plan. Get the picture. Just keep turning dollars on designs.
There are times when you just want to cry. There is no capital project plan. If anyone can find a purpose in this last goof ball borrowing proposal let us know.
#Misc
Trustee Dent stated: "This is a waste of citizens money" referring to $95,000 in interest expense for an unnecessary borrowing. So true. At the Trustee meeting on May 1, 2019, an agenda item was put forth to borrow $800,000 for a lease/purchase of golf carts, a snow cat and a grass mower. The borrowing would be for five years and have a variable interest rate which currently is 4.52% annually . Now Dent and Callicrate saw no reason to borrow anything since the Community Services Special Revenue fund has over $8,000,000 in excess reserves above the required minimum which has been accumulated the past four years and has not been fully designated for spending on capital projects. So why not pay cash for the equipment and save the interest costs? A five year capital spending plan showed that at the end of the period there would still be excess cash even after plans to spend $2,400,000 on design for 10 new projects. Also keep in mind that over the five years, most of the borrowing suggested would be repaid with an extra $95,000 in interest.
To borrow any money requires approval from 4 of the 5 Trustees. The proposal was DEAD on arrival and should have been. The Trustee voted anyhow and the proposal failed on a standard 3-2 vote.
Now Trustees Morris and Wong somehow must believe that if money is borrowed then the immediate cash used to buy equipment would be "conserved" by borrowing and then available to spend on other things, seemly to suggest that repaying the borrowings are not required. We can understand Morris thinking this way. His company borrowed $50,000 from Well Fargo Bank and then defaulted on the loans shortly thereafter and filed a US Bankruptcy Chapter 7 liquidation. He also borrowed money for a home and defaulted on that borrowing. He seems to like borrowing money but not paying it back. Our esteemed treasurer. Wong, on the other hand, stated that $20,000 per year paid out for interest is insignificant. Thanks Kendra. Trustee Horan kept quiet.
Another exchange between Callicrate and Wong was almost unbelievable. Wong stated she was worried about the lack of money in the Beach Funds. A NEW pool at Burnt Cedar Beach and a NEW restroom and food service building at Incline Beach CANNOT be accomplished. Both projects were priorities for several years. Callicrate suggested, as he did in previous meetings, that since the Community Services Special Revenue Fund has so much excess cash then the Rec Fee should be adjusted downward for one year and the Beach Fee increased by the same amount to provide adequate cash in the Beach Funds to construct the two priority Beach projects.
Wong, a CPA, then stated that the excess money in the Community Services Special Fund would shrink. No kidding Kendra, but you get two priority projects completed instead of spending $2,379,800 over the next five years on designs for 10 new master plan projects. The two priority Beach projects were approved at least 4 or 5 years ago. So it seems that Kendra wants to be "concerned" about the Beach projects but offered no suggestions on how to fund their construction. Does the Diamond Peak Master Plan summer amusements ring a bell? Spend about $400,000 on feasibility studies and designs and let it sit for 4 years and then remove it from the new 5 year plan. NINE YEARS will have elapsed before it might get back on the 5 year plan. Get the picture. Just keep turning dollars on designs.
There are times when you just want to cry. There is no capital project plan. If anyone can find a purpose in this last goof ball borrowing proposal let us know.
#Misc
May 19, 2019 8:46:44pm
Who is Cliff Dobler, one of the writers of Our Village Voice?
Cliff has lived in Incline Village since 1994. Early in his career, he worked as a CPA conducting certified audits for various businesses. He served as CFO for two real estate development and construction companies and later became an advisor on restructuring defaulted commercial loans for several large banking institutions. During that time he was a guest speaker for banking regulators FDIC and FSLIC employee seminars. For seventeen years, he acquired defaulted loans from banks for his own investment account. He is now retired.
As a former Board member of Sierra Nevada College (SNC), he was instrumental in guiding the relocation of the campus from College Blvd. to its current location. For one summer he volunteered his experience and skills to instruct a Business Valuation course at SNC. He has supported SNC and our public schools in addition to many other charitable organizations serving our Incline Village/Crystal Bay community.
In 2014, Cliff became interested in IVGID’s financial reporting and disclosures and created "Our Village Voice" (OVV) to inform the community on IVGID activities. Over the years, he found it increasingly difficult to obtain financial information from the District. He has worked thousands of hours to analyze and distill District information for his readers on OVV. Although he enjoys a bit of humor and occasional sarcasm in his writing, you can rest assured that this in no way changes the facts he has worked so diligently to obtain and share.
(Photo : Cliff and his immediate family) #Misc
Cliff has lived in Incline Village since 1994. Early in his career, he worked as a CPA conducting certified audits for various businesses. He served as CFO for two real estate development and construction companies and later became an advisor on restructuring defaulted commercial loans for several large banking institutions. During that time he was a guest speaker for banking regulators FDIC and FSLIC employee seminars. For seventeen years, he acquired defaulted loans from banks for his own investment account. He is now retired.
As a former Board member of Sierra Nevada College (SNC), he was instrumental in guiding the relocation of the campus from College Blvd. to its current location. For one summer he volunteered his experience and skills to instruct a Business Valuation course at SNC. He has supported SNC and our public schools in addition to many other charitable organizations serving our Incline Village/Crystal Bay community.
In 2014, Cliff became interested in IVGID’s financial reporting and disclosures and created "Our Village Voice" (OVV) to inform the community on IVGID activities. Over the years, he found it increasingly difficult to obtain financial information from the District. He has worked thousands of hours to analyze and distill District information for his readers on OVV. Although he enjoys a bit of humor and occasional sarcasm in his writing, you can rest assured that this in no way changes the facts he has worked so diligently to obtain and share.
(Photo : Cliff and his immediate family) #Misc
May 24, 2019 1:28:26pm
Our Village Voice updated their status.
Peter Morris – IVGID Trustee, Audit Committee member and Treasurer – The Height of Financial Irresponsibility
In February, we wrote a letter to Peter Morris asking him to resign as the Treasurer of IVGID. His inability to responsibly manage his personal and professional financial obligations raised our concerns about his ability to oversee our District’s finances. We posted the letter on Our Village Voice.
Below we have detailed his pattern of irresponsible financial behavior which demonstrates his inadequacies to act as IVGID Treasurer and Trustee. In order to serve the best interests of our District, Mr. Morris should resign from his position as Treasurer and as a member of the IVGID Audit Committee. He does not possess the character nor the competence to oversee our District's finances. Our Board should exercise their fiduciary responsibilities and ask Mr. Morris to step down as a Trustee.
BACKGROUND INFORMATION:
Prior to Mr. Morris campaign for IVGID Trustee in 2016, he failed to pay the mortgage on his home resulting in the lender allowing a short sale of the property and absorbing at least $140,000 in losses.
In July, 2018, an employee at his company Waleran Enterprises Inc., filed a lawsuit for unpaid wages.
In October of 2018, Waleran, doing business as Brightstar Care of Reno, filed a Chapter 7 bankruptcy petition. 45 employees were listed as having "potential claims for wages." The company was shuttered and the Court appointed a Trustee to liquidate its assets which are expected to be sold for less than $5,000. All creditors will receive little, if anything. The largest debt is owed to Wells Fargo bank for $50,000 in two loans taken out only a few weeks before the bankruptcy filing. Like Wells Fargo and all the other creditors, we wonder where that money ended up.
In November, 2018, the attorney representing the employee seeking unpaid wages amended the complaint to seek restitution from Peter Morris personally and requested the Court convert the complaint into a class action lawsuit presumably adding the other 44 employees with claims for unpaid wages. Morris "hired" the law firm representing IVGID, in both the Smith and Katz litigations, to represent him. Appearance of a conflict of interest? We think so. At the last Board meeting, Mr. Morris voted for IVGID to expend an additional $10,000 with this law firm in order to continue battling Mr. Smith’s lawsuit for public records. Mr. Morris was required by law to disclose his relationship with the law firm but did not.
In April, 2019, we now have discovered that Mr. Morris filed a personal Chapter 7 bankruptcy leaving in his wake of irresponsibility more debts and obligations which will not be repaid. He valued his assets, other than two cars, at $10,887 most of which are exempt from creditors. He states there will be no money available to distribute to unsecured creditors. The Bankruptcy filings reveal that these debts and obligations are substantial. In addition to $35,258 owed for two cars, he owes $74,254 to four credit card lenders and $48,899 for two business loans. There are nine other creditors listed but all amounts are not stated along with the unknown amounts for the 45 hardworking employees having “potential claims for wages.” He also owes money on five unexpired leases for office space, office equipment and a residential lease which will probably be terminated. Last, but not least, Mr. Morris is involved in another lawsuit with Brightstar Franchising, LLC, the franchisor, of his defunct home health care company.
The Bankruptcy Court will appoint a Trustee to manage Mr. Morris’ affairs.
Mr. Morris lists his monthly income as $1,100 from pensions and $750 in wages as an IVGID Trustee. His monthly expenses are listed as $5,661. Every month he will be in the hole by $3,811. Clearly, this type of budgeting is unsustainable. He is now trying to sell property as a realtor.
Bad Stuff
#Misc
In February, we wrote a letter to Peter Morris asking him to resign as the Treasurer of IVGID. His inability to responsibly manage his personal and professional financial obligations raised our concerns about his ability to oversee our District’s finances. We posted the letter on Our Village Voice.
Below we have detailed his pattern of irresponsible financial behavior which demonstrates his inadequacies to act as IVGID Treasurer and Trustee. In order to serve the best interests of our District, Mr. Morris should resign from his position as Treasurer and as a member of the IVGID Audit Committee. He does not possess the character nor the competence to oversee our District's finances. Our Board should exercise their fiduciary responsibilities and ask Mr. Morris to step down as a Trustee.
BACKGROUND INFORMATION:
Prior to Mr. Morris campaign for IVGID Trustee in 2016, he failed to pay the mortgage on his home resulting in the lender allowing a short sale of the property and absorbing at least $140,000 in losses.
In July, 2018, an employee at his company Waleran Enterprises Inc., filed a lawsuit for unpaid wages.
In October of 2018, Waleran, doing business as Brightstar Care of Reno, filed a Chapter 7 bankruptcy petition. 45 employees were listed as having "potential claims for wages." The company was shuttered and the Court appointed a Trustee to liquidate its assets which are expected to be sold for less than $5,000. All creditors will receive little, if anything. The largest debt is owed to Wells Fargo bank for $50,000 in two loans taken out only a few weeks before the bankruptcy filing. Like Wells Fargo and all the other creditors, we wonder where that money ended up.
In November, 2018, the attorney representing the employee seeking unpaid wages amended the complaint to seek restitution from Peter Morris personally and requested the Court convert the complaint into a class action lawsuit presumably adding the other 44 employees with claims for unpaid wages. Morris "hired" the law firm representing IVGID, in both the Smith and Katz litigations, to represent him. Appearance of a conflict of interest? We think so. At the last Board meeting, Mr. Morris voted for IVGID to expend an additional $10,000 with this law firm in order to continue battling Mr. Smith’s lawsuit for public records. Mr. Morris was required by law to disclose his relationship with the law firm but did not.
In April, 2019, we now have discovered that Mr. Morris filed a personal Chapter 7 bankruptcy leaving in his wake of irresponsibility more debts and obligations which will not be repaid. He valued his assets, other than two cars, at $10,887 most of which are exempt from creditors. He states there will be no money available to distribute to unsecured creditors. The Bankruptcy filings reveal that these debts and obligations are substantial. In addition to $35,258 owed for two cars, he owes $74,254 to four credit card lenders and $48,899 for two business loans. There are nine other creditors listed but all amounts are not stated along with the unknown amounts for the 45 hardworking employees having “potential claims for wages.” He also owes money on five unexpired leases for office space, office equipment and a residential lease which will probably be terminated. Last, but not least, Mr. Morris is involved in another lawsuit with Brightstar Franchising, LLC, the franchisor, of his defunct home health care company.
The Bankruptcy Court will appoint a Trustee to manage Mr. Morris’ affairs.
Mr. Morris lists his monthly income as $1,100 from pensions and $750 in wages as an IVGID Trustee. His monthly expenses are listed as $5,661. Every month he will be in the hole by $3,811. Clearly, this type of budgeting is unsustainable. He is now trying to sell property as a realtor.
Bad Stuff
#Misc
Jun 26, 2019 10:32:30am
Our Village Voice updated their status.
OPINION: Government Refuses to Disclose Emails Related to Audits and Budgets
July 16, 2019 ThisIsReno
Submitted by Robert Fellner, NPRI
Should emails between government employees discussing audits, budgets and the Legislature be made secret?
What about emails between government employees and elected officials that discuss the agenda for a public board meeting? Or even topics as innocuous as movies, parties and dogs?
Since at least 1911, when the first version of what is today known as the Nevada Public Records Act was enacted, such records created by public officials in the course of conducting the public’s business have been unquestionably considered public and open to inspection.
Today, however, a government agency in Northern Nevada is arguing that these records, and thousands more like them, should all be declared confidential merely because the agency’s general counsel was included on the email thread.
If this argument prevails in court, Nevada government employees statewide will be given free rein to hide any information they wish, as long as they send a copy of the correspondence to their general counsel. This, of course, will functionally rewrite Nevada’s Public Records Act to read: “The public has the right to inspect public records, provided the government agency deems disclosure to be in its best interest and would not prefer to keep those records secret.”
This dispute stems from a public records request made by Incline Village resident Mark Smith last year, when he requested copies of emails between the general manager, public records officer and general counsel of the local government agency known as the Incline Village General Improvement District (IVGID).
The agency initially denied Smith’s request outright, asserting that any correspondence between IVGID General Counsel Jason Guinasso and his fellow public employees is automatically exempt from disclosure due to attorney-client privilege.
While Guinasso eventually agreed to turn over 304 emails, he insisted that the over 13,000 remaining emails would remain confidential pursuant to attorney-client privilege.
Smith filed a lawsuit in response, where he is challenging Guinasso’s broad claims of confidentiality, among other things.
The district court, citing binding Nevada Supreme Court precedent, found that when a public agency withholds public records on the claim of confidentiality, requesters are generally “entitled to a log containing a factual description of each withheld record,” so that they may “meaningfully contest the claim of confidentiality” asserted by the government agency.
That log would ultimately reveal that many of the emails Guinasso declared confidential pursuant to attorney-client privilege were about issues totally unrelated to the performance of legal services — such as dogs, movies, budgets, and lunch — and oftentimes reflected correspondence between government employees and board members, with Guinasso merely being CC’d or BCC’d on the email thread.
Such a broad application of the attorney-client privilege by a government agency is in plain contravention of the law, according to Smith’s latest court filing and a previous ruling issued by District Court Judge Lynne Simons.
Judge Simons has already ruled that, as a matter of law, the attorney-client privilege only applies to “confidential communications made between the client and the client’s lawyer…for the purpose of facilitating the rendition of professional legal services.” Obviously, emails between government workers about movies, dogs, parties and the like have nothing to do with the performance of legal services.
Smith’s second argument, however, is particularly damaging for Guinasso. After citing case law that affirms that only the client can invoke the attorney-client privilege, Smith demonstrates that Guinasso almost certainly made the decision to invoke attorney-client privilege on his own.
Guinasso’s client in this case would be IVGID’s elected, five-member Board of Trustees. Yet, in sworn depositions about this matter, both the Chair and Vice Chair of the Board emphatically denied ever making the determination to invoke attorney-client privilege and, instead, suspected that determination was made by Guinasso. This sentiment was echoed by IVGID’s general manager and public records officer as well.
Then, just last month, a third IVGID Board Member removed any doubt when he declared that, “the Board never had a chance to look at any” of the more than 13,000 emails that Guinasso, “by his own fiat,” determined were confidential pursuant to attorney-client privilege.
It is unclear if Guinasso violated the Nevada Rules of Professional Conduct by making this determination on behalf of the Board, but without their knowledge or input. What is clear, however, is that taxpayers should not be forced to pay the legal costs of a public employee working to undermine Nevadans’ fundamental right to a transparent and accountable government.
Government attorneys like Guinasso have little incentive to comply with the law, given that they face no penalty for willful lawbreaking and can force taxpayers to pay their legal costs. This explains why some agencies are so willing to defy the law and, upon being sued, drag out the legal process as long as possible. Such obstinance has already cost Nevada taxpayers at least $761,000 since 2016, and that excludes the immeasurable harm imposed on citizens who simply gave up after being wrongfully denied access to public records.
The court must reject Guinasso and IVGID’s self-serving arguments, so that governments across the state are not empowered to hide their affairs in a similar manner.
Beyond that, the Legislature must do more to discourage this behavior by ending the preferential treatment bestowed upon government employees and imposing a penalty on those who violate Nevada’s Public Records Act. Doing so would greatly reduce the number of baseless denials by government attorneys that seek to deny Nevadans their fundamental right to a transparent and open government.
Given the vast penalties imposed on Nevadans who fail to pay any of the taxes demanded of them, allowing courts to impose a monetary penalty of $5,000 on the government employee who violated Nevada’s open records law seems quite reasonable.
Lawmakers interested in making Nevada government more transparent and accessible to the people it ostensibly serves should make this a priority in 2021.
________________________________________
Robert Fellner is NPRI’s policy director. The Nevada Policy Research Institute is a Nevada-based free-market think tank.
#Misc
July 16, 2019 ThisIsReno
Submitted by Robert Fellner, NPRI
Should emails between government employees discussing audits, budgets and the Legislature be made secret?
What about emails between government employees and elected officials that discuss the agenda for a public board meeting? Or even topics as innocuous as movies, parties and dogs?
Since at least 1911, when the first version of what is today known as the Nevada Public Records Act was enacted, such records created by public officials in the course of conducting the public’s business have been unquestionably considered public and open to inspection.
Today, however, a government agency in Northern Nevada is arguing that these records, and thousands more like them, should all be declared confidential merely because the agency’s general counsel was included on the email thread.
If this argument prevails in court, Nevada government employees statewide will be given free rein to hide any information they wish, as long as they send a copy of the correspondence to their general counsel. This, of course, will functionally rewrite Nevada’s Public Records Act to read: “The public has the right to inspect public records, provided the government agency deems disclosure to be in its best interest and would not prefer to keep those records secret.”
This dispute stems from a public records request made by Incline Village resident Mark Smith last year, when he requested copies of emails between the general manager, public records officer and general counsel of the local government agency known as the Incline Village General Improvement District (IVGID).
The agency initially denied Smith’s request outright, asserting that any correspondence between IVGID General Counsel Jason Guinasso and his fellow public employees is automatically exempt from disclosure due to attorney-client privilege.
While Guinasso eventually agreed to turn over 304 emails, he insisted that the over 13,000 remaining emails would remain confidential pursuant to attorney-client privilege.
Smith filed a lawsuit in response, where he is challenging Guinasso’s broad claims of confidentiality, among other things.
The district court, citing binding Nevada Supreme Court precedent, found that when a public agency withholds public records on the claim of confidentiality, requesters are generally “entitled to a log containing a factual description of each withheld record,” so that they may “meaningfully contest the claim of confidentiality” asserted by the government agency.
That log would ultimately reveal that many of the emails Guinasso declared confidential pursuant to attorney-client privilege were about issues totally unrelated to the performance of legal services — such as dogs, movies, budgets, and lunch — and oftentimes reflected correspondence between government employees and board members, with Guinasso merely being CC’d or BCC’d on the email thread.
Such a broad application of the attorney-client privilege by a government agency is in plain contravention of the law, according to Smith’s latest court filing and a previous ruling issued by District Court Judge Lynne Simons.
Judge Simons has already ruled that, as a matter of law, the attorney-client privilege only applies to “confidential communications made between the client and the client’s lawyer…for the purpose of facilitating the rendition of professional legal services.” Obviously, emails between government workers about movies, dogs, parties and the like have nothing to do with the performance of legal services.
Smith’s second argument, however, is particularly damaging for Guinasso. After citing case law that affirms that only the client can invoke the attorney-client privilege, Smith demonstrates that Guinasso almost certainly made the decision to invoke attorney-client privilege on his own.
Guinasso’s client in this case would be IVGID’s elected, five-member Board of Trustees. Yet, in sworn depositions about this matter, both the Chair and Vice Chair of the Board emphatically denied ever making the determination to invoke attorney-client privilege and, instead, suspected that determination was made by Guinasso. This sentiment was echoed by IVGID’s general manager and public records officer as well.
Then, just last month, a third IVGID Board Member removed any doubt when he declared that, “the Board never had a chance to look at any” of the more than 13,000 emails that Guinasso, “by his own fiat,” determined were confidential pursuant to attorney-client privilege.
It is unclear if Guinasso violated the Nevada Rules of Professional Conduct by making this determination on behalf of the Board, but without their knowledge or input. What is clear, however, is that taxpayers should not be forced to pay the legal costs of a public employee working to undermine Nevadans’ fundamental right to a transparent and accountable government.
Government attorneys like Guinasso have little incentive to comply with the law, given that they face no penalty for willful lawbreaking and can force taxpayers to pay their legal costs. This explains why some agencies are so willing to defy the law and, upon being sued, drag out the legal process as long as possible. Such obstinance has already cost Nevada taxpayers at least $761,000 since 2016, and that excludes the immeasurable harm imposed on citizens who simply gave up after being wrongfully denied access to public records.
The court must reject Guinasso and IVGID’s self-serving arguments, so that governments across the state are not empowered to hide their affairs in a similar manner.
Beyond that, the Legislature must do more to discourage this behavior by ending the preferential treatment bestowed upon government employees and imposing a penalty on those who violate Nevada’s Public Records Act. Doing so would greatly reduce the number of baseless denials by government attorneys that seek to deny Nevadans their fundamental right to a transparent and open government.
Given the vast penalties imposed on Nevadans who fail to pay any of the taxes demanded of them, allowing courts to impose a monetary penalty of $5,000 on the government employee who violated Nevada’s open records law seems quite reasonable.
Lawmakers interested in making Nevada government more transparent and accessible to the people it ostensibly serves should make this a priority in 2021.
________________________________________
Robert Fellner is NPRI’s policy director. The Nevada Policy Research Institute is a Nevada-based free-market think tank.
#Misc
Jul 17, 2019 10:38:59am
Our Village Voice updated their status.
Peter Morris – An inept IVGID Trustee and Treasurer – Please step down
Over the past several months, we have reported that Peter Morris should step down as an IVGID Trustee and also the Treasurer. It just seems he is not fit for the job and should be removed.
To recap, during his campaign in 2016, he stated: "he started and built one of the most successful homecare and home health agencies in northern Nevada". About a year later his company was sued by an employee for not paying wages. The company filed for Bankruptcy protection which is now being liquidated by a court appointed Trustee. The employee was joined by 42 other employees and sued him personally. He then filed personal bankruptcy and his few assets are being liquidated by a court appointed Trustee. The 42 employees will get nothing.
We recently found out that he had engaged the law firm of Erickson, Thorpe, Swainston, Ltd to represent him to fend off the employees claims. He never disclosed he had a conflict of interest. That law firm also represents IVGID in the Smith litigation, wherein IVGID lost. Morris, at a Board meeting, voted in favor of continuing the lawsuit and attempted to get $25,000 approved in additional funding over the $50,000 already spent. Trustees Horan recommended only $10,000 and Morris acquiesced. Our bet is the legal work on his personal lawsuit is being done pro bono. He should not vote on approving funds to a law firm when he is also being represented by the same firm. That's a NO NO.
Then we found out that he incorrectly filed his annual Financial Disclosure Forms with the Nevada Secretary of State relating to his income, committed perjury, but got off the hook and refiled the forms correctly.
Then at the last Board meeting, we found out, as Treasurer, Mr. Morris was not performing his duties required under Nevada Revised Statutes. Chairman Wong attempted to run cover for him by bringing out a resolution from 1985 stating the Chief Financial Officer was holding the office of Treasurer. Unfortunately she failed to disclose the resolution was only for one year. Each year for the next 35 years the Treasurer was held by a Trustee. Morris sat there like a cigar store Indian and did not say one word.
Morris is also on the IVGID Audit Committee. This committee actually does nothing, other than recommending the same auditor every year. Two years ago the committee members decided to meet once a year rather than four times. Does anyone believe he is qualified to vote on hiring an auditor. We don't.
We are having a hard time understanding how he supports himself. According to his Bankruptcy filing, his monthly income consists of two pensions and the IVGID Trustee Fee which total $1,850. His expenses are $5,661 per month. Where is he getting the monthly short fall? He is trying his luck as a real estate agent but probably only gets paid if he actually sells something. Should he be IVGID Treasurer? Let's hope he doesn't have the keys to the Treasury.
#Misc
Over the past several months, we have reported that Peter Morris should step down as an IVGID Trustee and also the Treasurer. It just seems he is not fit for the job and should be removed.
To recap, during his campaign in 2016, he stated: "he started and built one of the most successful homecare and home health agencies in northern Nevada". About a year later his company was sued by an employee for not paying wages. The company filed for Bankruptcy protection which is now being liquidated by a court appointed Trustee. The employee was joined by 42 other employees and sued him personally. He then filed personal bankruptcy and his few assets are being liquidated by a court appointed Trustee. The 42 employees will get nothing.
We recently found out that he had engaged the law firm of Erickson, Thorpe, Swainston, Ltd to represent him to fend off the employees claims. He never disclosed he had a conflict of interest. That law firm also represents IVGID in the Smith litigation, wherein IVGID lost. Morris, at a Board meeting, voted in favor of continuing the lawsuit and attempted to get $25,000 approved in additional funding over the $50,000 already spent. Trustees Horan recommended only $10,000 and Morris acquiesced. Our bet is the legal work on his personal lawsuit is being done pro bono. He should not vote on approving funds to a law firm when he is also being represented by the same firm. That's a NO NO.
Then we found out that he incorrectly filed his annual Financial Disclosure Forms with the Nevada Secretary of State relating to his income, committed perjury, but got off the hook and refiled the forms correctly.
Then at the last Board meeting, we found out, as Treasurer, Mr. Morris was not performing his duties required under Nevada Revised Statutes. Chairman Wong attempted to run cover for him by bringing out a resolution from 1985 stating the Chief Financial Officer was holding the office of Treasurer. Unfortunately she failed to disclose the resolution was only for one year. Each year for the next 35 years the Treasurer was held by a Trustee. Morris sat there like a cigar store Indian and did not say one word.
Morris is also on the IVGID Audit Committee. This committee actually does nothing, other than recommending the same auditor every year. Two years ago the committee members decided to meet once a year rather than four times. Does anyone believe he is qualified to vote on hiring an auditor. We don't.
We are having a hard time understanding how he supports himself. According to his Bankruptcy filing, his monthly income consists of two pensions and the IVGID Trustee Fee which total $1,850. His expenses are $5,661 per month. Where is he getting the monthly short fall? He is trying his luck as a real estate agent but probably only gets paid if he actually sells something. Should he be IVGID Treasurer? Let's hope he doesn't have the keys to the Treasury.
#Misc
Sep 02, 2019 3:37:58pm
Do the Washoe County Commissioners have any real concerns about Incline Village parking problems?
Below is a snapshot taken last Sunday of the street parking in front of the County Public library in Incline. There were 12 automobiles, trailers, construction equipment (with snow chains) and jet ski lined up as if the location was a storage yard. Should we wonder if the County will do anything to regulate parking issues?
#Misc
Below is a snapshot taken last Sunday of the street parking in front of the County Public library in Incline. There were 12 automobiles, trailers, construction equipment (with snow chains) and jet ski lined up as if the location was a storage yard. Should we wonder if the County will do anything to regulate parking issues?
#Misc
Sep 05, 2019 3:43:59pm
Our Village Voice updated their status.
The Smith Litigation – Another IVGID Fiasco
When will Counsel Guinasso and Trustees Wong, Horan and Morris abide by the law and just release public documents? When will these three Trustees act as responsible stewards of our public money instead of wasting close to $100,000 to stop a citizen from obtaining public records?
The Court’s latest ruling was a disaster for IVGID and a victory for Incline Village/Crystal Bay citizens.
After IVGID lost the initial lawsuit, which also named Guinasso and Wong as defendants, the outside attorney, Thomas Beko convinced Morris and Horan that the Court's decision should be reconsidered because IVGID actually won. (Yep, you read that right!). So after former GM Pinkerton, Wong and Guinasso already spent $50,000, without Board approval, engaging Beko on the initial lawsuit, Wong, Horan, and Morris tossed in another $10,000 for the motions to reconsider the Court's ruling. Beko's theatrics to get the extra appropriation was amazing.
The Court denied all four claims made by IVGID in the motion for reconsideration. Here are the Highlights of the Court's Findings:
"IVGID's assertion that this Court incorrectly ordered the production of a post-litigation privilege log when Smith had only claimed he was entitled to a pre-litigation log is UNWARRANTED."
"IVGID contends that ordering IVGID to provide the 304 pages in hard copy form to Mr. Smith infers that summary judgment should have been entered in favor of IVGID is WITHOUT GROUNDS."
"IVGID'S contention that compelling a charge of fifty (50) cents (per page) indirectly infers summary judgment should have been entered in favor of IVGID is MISPLACED."
"The Court does not deem it appropriate to increase the fee and instead deems it appropriate, after the analysis herein, to decrease the fee to no charge because no notice was given for the fees which IVGID characterized as extraordinary."
So now citizens are out about $60,000 and IVGID will probably be responsible for paying Smith’s legal fees, which are approaching $30,000. IVGID will also have to return the $152 that Smith was ordered to pay to obtain the 304 released documents.
ARE WE DONE YET? No. Smith filed a motion to compel IVGID to release all or a portion of the 13,000 emails which Guinasso alleged to be attorney-client privileged. Guinasso, of course, had no authority to act as both the client and the attorney and decided on his own what is and what isn't attorney-client privileged. Attorney Beko, taking direction from Pinkerton, Wong and Guinasso, without Board approval, moved forward with more court filings to oppose Smith. How much will those legal fees be?
In the Court filings, Smith has asked the Court to enter an Order compelling immediate production of all records listed in the log of privileged documents where there is no attorney included on the communication or an attorney is only copied, as these communications cannot be determined to be providing legal advice required for the privilege to be applied.
Beko's Court filings in opposition suggest that the Court should consider providing the parties with its determination as to the breadth of the attorney-client privilege under the law. Assuming the Court's holding differs in any way from that which Guinasso applied when he first conducted his assessment, IVGID will once again review the withheld documents to ensure that said records fall within the law, AS DEFINED BY THE COURT. Does anyone believe that the Court will want to redefine the Nevada Revised Statutes? Having no valid grounds for asserting attorney-client privilege to withhold these public documents, Beko just threw in the kitchen sink.
So at the end of the day, Smith will probably get most documents, citizens will be out of pocket for about $100,000 in an attempt to strip citizens of their rights and to defend Guinasso’s unlawful actions and bad decisions.
Just three years ago, IVGID was destroying public records and was chastised by the State. Nevada Policy Research Institute filed a complaint with the Nevada Attorney General citing IVGID’s felony level concealment of public records. Guinasso tried an end-run around the public records law by telling IVGID staff to copy him on everything. That way, he alone could then claim these public records to be attorney-client privileged and the District would not have to release public records to the public.
Guinasso will continue to get his annual retainer of $144,000.
Our next story will be on Guinasso re-interpreting the law to shield IVGID public officers from compliance and to create litigation for his own benefit. He has cost us dearly in time and money. WE consider he has betrayed the public trust.
#Misc
When will Counsel Guinasso and Trustees Wong, Horan and Morris abide by the law and just release public documents? When will these three Trustees act as responsible stewards of our public money instead of wasting close to $100,000 to stop a citizen from obtaining public records?
The Court’s latest ruling was a disaster for IVGID and a victory for Incline Village/Crystal Bay citizens.
After IVGID lost the initial lawsuit, which also named Guinasso and Wong as defendants, the outside attorney, Thomas Beko convinced Morris and Horan that the Court's decision should be reconsidered because IVGID actually won. (Yep, you read that right!). So after former GM Pinkerton, Wong and Guinasso already spent $50,000, without Board approval, engaging Beko on the initial lawsuit, Wong, Horan, and Morris tossed in another $10,000 for the motions to reconsider the Court's ruling. Beko's theatrics to get the extra appropriation was amazing.
The Court denied all four claims made by IVGID in the motion for reconsideration. Here are the Highlights of the Court's Findings:
"IVGID's assertion that this Court incorrectly ordered the production of a post-litigation privilege log when Smith had only claimed he was entitled to a pre-litigation log is UNWARRANTED."
"IVGID contends that ordering IVGID to provide the 304 pages in hard copy form to Mr. Smith infers that summary judgment should have been entered in favor of IVGID is WITHOUT GROUNDS."
"IVGID'S contention that compelling a charge of fifty (50) cents (per page) indirectly infers summary judgment should have been entered in favor of IVGID is MISPLACED."
"The Court does not deem it appropriate to increase the fee and instead deems it appropriate, after the analysis herein, to decrease the fee to no charge because no notice was given for the fees which IVGID characterized as extraordinary."
So now citizens are out about $60,000 and IVGID will probably be responsible for paying Smith’s legal fees, which are approaching $30,000. IVGID will also have to return the $152 that Smith was ordered to pay to obtain the 304 released documents.
ARE WE DONE YET? No. Smith filed a motion to compel IVGID to release all or a portion of the 13,000 emails which Guinasso alleged to be attorney-client privileged. Guinasso, of course, had no authority to act as both the client and the attorney and decided on his own what is and what isn't attorney-client privileged. Attorney Beko, taking direction from Pinkerton, Wong and Guinasso, without Board approval, moved forward with more court filings to oppose Smith. How much will those legal fees be?
In the Court filings, Smith has asked the Court to enter an Order compelling immediate production of all records listed in the log of privileged documents where there is no attorney included on the communication or an attorney is only copied, as these communications cannot be determined to be providing legal advice required for the privilege to be applied.
Beko's Court filings in opposition suggest that the Court should consider providing the parties with its determination as to the breadth of the attorney-client privilege under the law. Assuming the Court's holding differs in any way from that which Guinasso applied when he first conducted his assessment, IVGID will once again review the withheld documents to ensure that said records fall within the law, AS DEFINED BY THE COURT. Does anyone believe that the Court will want to redefine the Nevada Revised Statutes? Having no valid grounds for asserting attorney-client privilege to withhold these public documents, Beko just threw in the kitchen sink.
So at the end of the day, Smith will probably get most documents, citizens will be out of pocket for about $100,000 in an attempt to strip citizens of their rights and to defend Guinasso’s unlawful actions and bad decisions.
Just three years ago, IVGID was destroying public records and was chastised by the State. Nevada Policy Research Institute filed a complaint with the Nevada Attorney General citing IVGID’s felony level concealment of public records. Guinasso tried an end-run around the public records law by telling IVGID staff to copy him on everything. That way, he alone could then claim these public records to be attorney-client privileged and the District would not have to release public records to the public.
Guinasso will continue to get his annual retainer of $144,000.
Our next story will be on Guinasso re-interpreting the law to shield IVGID public officers from compliance and to create litigation for his own benefit. He has cost us dearly in time and money. WE consider he has betrayed the public trust.
#Misc
Sep 11, 2019 7:52:14pm
Our Village Voice updated their status.
Guinasso, IVGID's pugnacious lawyer, failed in his four assaults on IVGID Trustee Matthew Dent
Trustee Matthew Dent, when appointed to the Board of Trustees in 2014 and then elected in 2016 stated that his decisions would follow Board Policy and adhere to the results of FlashVote surveys being conducted by IVGID. After FlashVote terminated its contract with IVGID in August 2016, Trustee Dent, on his own and with his own money engaged FlashVote to continue performing surveys so he could incorporate citizens desires into his decisions.
After a couple of surveys were completed, it was discovered that IVGID was destroying public records emails and violating the law. A complaint was filed with the State Attorney General ("SAG") by Nevada Policy Research Institute, regarding the violations of the law. The complaint got stuffed into a corner and went nowhere as Guinasso fielded all sorts of excuses.
Dent, concerned with IVGID's improprieties, produced a FlashVote survey asking citizens whether legal counsel Guinasso, GM Pinkerton, and IVGID's public records officer Susan Herron, should be put on administrative leave while an outside law firm investigated the destruction of public records.
The survey results indicated a vast majority of citizens felt an investigation should take place. Dent asked Chairman Wong for an agenda item to consider the investigation and it was immediately voted down by her and Trustees Morris and Horan.
THE FIRST ASSULT: Guinasso and Pinkerton needed to enact retribution against Dent and FlashVote to put a halt to future surveys. In April, 2017, a secret meeting of Guinasso, Pinkerton and Trustees Wong, Morris, and Horan was convened to discuss possible litigation against FlashVote on the flimsy claim that IVGID wanted customer data returned by FlashVote. A public records request, however, confirmed no customer data was ever provided by IVGID to FlashVote. Guinasso told Dent he could not participate in the meeting because he had a conflict of interest. A Trustee always has the right to attend meetings but is required to disclose any potential conflicts of interest and could recues from participating in a vote. Dent, not sure what to do, did not attend the meeting.
On a side note, a citizen filed a complaint with the SAG that IVGID violated Open Meeting Laws by holding a secret meeting and in January, 2019, after a long wait, the SAG determined that the three Board members had violated the law by failing to properly notice and approve the initiation of the lawsuit during a public meeting and further stated Guinasso's arguments in defense were improper and dismissed.
In May 2017, Guinasso, with Pinkerton's approval, initiated a lawsuit against FlashVote using his loose interpretation of a Board Policy, providing him a $50,000 war chest and considering Board of Trustee approval was not required. Guinasso pounded away at FlashVote and obtained a temporary injunction prohibiting further surveys until the lawsuit was resolved. Flash Vote fought back and appealed the injunction and a standstill ensued. Early on, at the Judge's request, a settlement was drafted but Guinasso stalled it's completion to run up legal fees.
The SECOND ASSULT was In December, 2017 when Dent asked Guinasso if he would request an opinion from the Ethics Commission about his participation in resolving the FlashVote litigation because he did not trust Guinasso providing him with honest legal advice. Guinasso said he would but did nothing.
The THIRD ASSULT: Guinasso blew through the $50,000 attaching FlashVote and in February, 2018 asked the Board for an additional $25,000 to continue the lawsuit. Guinasso's partner, Devon Reese, told Dent he could not participate in any vote for more money as he had a conflict of interest. Dent stated a conflict did not exist since his contract with FlashVote had expired and he wanted the litigation to cease, complete the 9 month old settlement proposal and stop feeding Guinasso. The additional money was voted down and Guinasso was instructed to complete the settlement which included IVGID donating $10,000 to the Incline High School for the "We the People" program. Also, FlashVote was restricted from conducting surveys relating to IVGID for one year. Amazingly, IVGID never asked for the nonexistent customer data which was never given to FlashVote and was the concocted basis for the lawsuit.
NOW HERE'S THE FINAL ASSUALT: Guinasso filed an ethics complaint with the Nevada Commission of Ethics claiming Dent had violated four (4) Nevada statues and was unethical by participating in the meeting to shut off the money. Dent had to engage his own lawyer and requested IVGID pay his legal fees as required under an indemnity agreement. Guinasso and Pinkerton refused but eventually caved since they didn't have a leg to stand on and IVGID coughed up the $5,000 insurance deductable. The Commission investigated and in May, 2019, over a year later, found there was NO EVIDENCE to support Guinasso's claims and Dent did not have any ethic violations.
Let's face it, Guinasso is a bully and uses his position to try and crush individuals and businesses seeking oversight of IVGID's transgressions. He uses the court system and IVGID's piggy bank for his own self enrichment. Litigation is profitable for lawyers. Rather than being a lawyer who resolves disputes, Guinasso creates them. He needs to go. Trustee Dent got strong armed by Guinasso and he didn't need it. An IVGID lawyer is there to assist Trustees not to destroy them.
#Misc
Trustee Matthew Dent, when appointed to the Board of Trustees in 2014 and then elected in 2016 stated that his decisions would follow Board Policy and adhere to the results of FlashVote surveys being conducted by IVGID. After FlashVote terminated its contract with IVGID in August 2016, Trustee Dent, on his own and with his own money engaged FlashVote to continue performing surveys so he could incorporate citizens desires into his decisions.
After a couple of surveys were completed, it was discovered that IVGID was destroying public records emails and violating the law. A complaint was filed with the State Attorney General ("SAG") by Nevada Policy Research Institute, regarding the violations of the law. The complaint got stuffed into a corner and went nowhere as Guinasso fielded all sorts of excuses.
Dent, concerned with IVGID's improprieties, produced a FlashVote survey asking citizens whether legal counsel Guinasso, GM Pinkerton, and IVGID's public records officer Susan Herron, should be put on administrative leave while an outside law firm investigated the destruction of public records.
The survey results indicated a vast majority of citizens felt an investigation should take place. Dent asked Chairman Wong for an agenda item to consider the investigation and it was immediately voted down by her and Trustees Morris and Horan.
THE FIRST ASSULT: Guinasso and Pinkerton needed to enact retribution against Dent and FlashVote to put a halt to future surveys. In April, 2017, a secret meeting of Guinasso, Pinkerton and Trustees Wong, Morris, and Horan was convened to discuss possible litigation against FlashVote on the flimsy claim that IVGID wanted customer data returned by FlashVote. A public records request, however, confirmed no customer data was ever provided by IVGID to FlashVote. Guinasso told Dent he could not participate in the meeting because he had a conflict of interest. A Trustee always has the right to attend meetings but is required to disclose any potential conflicts of interest and could recues from participating in a vote. Dent, not sure what to do, did not attend the meeting.
On a side note, a citizen filed a complaint with the SAG that IVGID violated Open Meeting Laws by holding a secret meeting and in January, 2019, after a long wait, the SAG determined that the three Board members had violated the law by failing to properly notice and approve the initiation of the lawsuit during a public meeting and further stated Guinasso's arguments in defense were improper and dismissed.
In May 2017, Guinasso, with Pinkerton's approval, initiated a lawsuit against FlashVote using his loose interpretation of a Board Policy, providing him a $50,000 war chest and considering Board of Trustee approval was not required. Guinasso pounded away at FlashVote and obtained a temporary injunction prohibiting further surveys until the lawsuit was resolved. Flash Vote fought back and appealed the injunction and a standstill ensued. Early on, at the Judge's request, a settlement was drafted but Guinasso stalled it's completion to run up legal fees.
The SECOND ASSULT was In December, 2017 when Dent asked Guinasso if he would request an opinion from the Ethics Commission about his participation in resolving the FlashVote litigation because he did not trust Guinasso providing him with honest legal advice. Guinasso said he would but did nothing.
The THIRD ASSULT: Guinasso blew through the $50,000 attaching FlashVote and in February, 2018 asked the Board for an additional $25,000 to continue the lawsuit. Guinasso's partner, Devon Reese, told Dent he could not participate in any vote for more money as he had a conflict of interest. Dent stated a conflict did not exist since his contract with FlashVote had expired and he wanted the litigation to cease, complete the 9 month old settlement proposal and stop feeding Guinasso. The additional money was voted down and Guinasso was instructed to complete the settlement which included IVGID donating $10,000 to the Incline High School for the "We the People" program. Also, FlashVote was restricted from conducting surveys relating to IVGID for one year. Amazingly, IVGID never asked for the nonexistent customer data which was never given to FlashVote and was the concocted basis for the lawsuit.
NOW HERE'S THE FINAL ASSUALT: Guinasso filed an ethics complaint with the Nevada Commission of Ethics claiming Dent had violated four (4) Nevada statues and was unethical by participating in the meeting to shut off the money. Dent had to engage his own lawyer and requested IVGID pay his legal fees as required under an indemnity agreement. Guinasso and Pinkerton refused but eventually caved since they didn't have a leg to stand on and IVGID coughed up the $5,000 insurance deductable. The Commission investigated and in May, 2019, over a year later, found there was NO EVIDENCE to support Guinasso's claims and Dent did not have any ethic violations.
Let's face it, Guinasso is a bully and uses his position to try and crush individuals and businesses seeking oversight of IVGID's transgressions. He uses the court system and IVGID's piggy bank for his own self enrichment. Litigation is profitable for lawyers. Rather than being a lawyer who resolves disputes, Guinasso creates them. He needs to go. Trustee Dent got strong armed by Guinasso and he didn't need it. An IVGID lawyer is there to assist Trustees not to destroy them.
#Misc
Oct 22, 2019 7:53:59pm
Appropriate or Inappropriate – Trustees Wong, Horan & Morris like their inappropriate slush fund. Please Tell us how our money will be spent.
Over the last two years, we have written consistently about the three inept IVGID trustees who control the Board and have waived off their oversight responsibility allowing a rudderless ship to sail far off course. Several department heads have abandoned the ship and headed for other waters.
Our latest research has unveiled further lack of oversight which has enabled the District Staff to accumulate a large sum of money in the Community Services and Beach Funds and not disclose how it will be spent. The Trustees, long ago, adopted a policy which allows approximately $5,000,000 as "an appropriate level of fund balance" basically for reserves and any remaining accumulation of money must be committed for a specific purpose.
We, as parcels owners have been willing (required) to accept paying an annual Rec and Beach Fee which had been allocated and separated to account for operating short falls, capital projects and payments on debt obligations. Everyone could see how the fees would be spent. Prior to 2011, the Fees would go up or down. In 2011 the Fees were increased substantially to cover debt payments on money borrowed to improve the Championship Golf Course and add facilities at Diamond Peak. At that time, the staff, not the Board, decided our annual Rec and Beach Fees, thereafter, would be fixed or "smoothed" at $830 and any Fees not required for operations would be transferred to capital projects. In 2015, the Board went so far as to create separate funds for operations, capital projects and debt service.
So that's the background. What happened?
The three inept Trustees, in May of 2019, inappropriately approved a budget which terminated the separation of operations, capital projects and debt service and created two GIANT SLUSH FUNDS for Community Services and the Beaches. As a result, and without a calculator, no one can sort out or determine if more money is being poured into operations rather than capital projects. In effect, a blank check has been handed to IVGID's staff.
Why is this inappropriate? Well, based on the budget, at the end of the Fiscal year next June, the combined Slush Funds will have over $5,200,000 not committed to anything. This is in excess of the "$5,000,000 appropriate level of fund balances." Add to these SLUSH FUNDS the expected savings from the current inflated capital project budgets and there will be over $6,000,000 hanging around waiting for a home, a vacation or to be wasted on litigation and consultants.
All responsible Board policies, Resolutions, accounting controls and common sense has been thrown overboard by these three Trustees. We truly believe they don't have a clue on exactly what they have approved. They continue to make the Board of Trustees irrelevant. So why have them? Monthly meetings have been reduced from two to one. At the last meeting, five of the six business items were pulled from the agenda for a future meeting. Two Trustees didn't show up and one called in.
These three people in charge act very inappropriately and do not serve our community’s best interests. Like our citizens, Trustees Dent and Callicrate are powerless. In this District, the inept majority rules.
Note 2(11/19/19) A few days after this post, the photo was replaced.
Note: Photo is from IVGID website https://www.yourtahoeplace.com/ivgid/board-of-trustees
Even the photo is cropped to eliminate the other two trustees showing how insignificant they are.
#Misc
Over the last two years, we have written consistently about the three inept IVGID trustees who control the Board and have waived off their oversight responsibility allowing a rudderless ship to sail far off course. Several department heads have abandoned the ship and headed for other waters.
Our latest research has unveiled further lack of oversight which has enabled the District Staff to accumulate a large sum of money in the Community Services and Beach Funds and not disclose how it will be spent. The Trustees, long ago, adopted a policy which allows approximately $5,000,000 as "an appropriate level of fund balance" basically for reserves and any remaining accumulation of money must be committed for a specific purpose.
We, as parcels owners have been willing (required) to accept paying an annual Rec and Beach Fee which had been allocated and separated to account for operating short falls, capital projects and payments on debt obligations. Everyone could see how the fees would be spent. Prior to 2011, the Fees would go up or down. In 2011 the Fees were increased substantially to cover debt payments on money borrowed to improve the Championship Golf Course and add facilities at Diamond Peak. At that time, the staff, not the Board, decided our annual Rec and Beach Fees, thereafter, would be fixed or "smoothed" at $830 and any Fees not required for operations would be transferred to capital projects. In 2015, the Board went so far as to create separate funds for operations, capital projects and debt service.
So that's the background. What happened?
The three inept Trustees, in May of 2019, inappropriately approved a budget which terminated the separation of operations, capital projects and debt service and created two GIANT SLUSH FUNDS for Community Services and the Beaches. As a result, and without a calculator, no one can sort out or determine if more money is being poured into operations rather than capital projects. In effect, a blank check has been handed to IVGID's staff.
Why is this inappropriate? Well, based on the budget, at the end of the Fiscal year next June, the combined Slush Funds will have over $5,200,000 not committed to anything. This is in excess of the "$5,000,000 appropriate level of fund balances." Add to these SLUSH FUNDS the expected savings from the current inflated capital project budgets and there will be over $6,000,000 hanging around waiting for a home, a vacation or to be wasted on litigation and consultants.
All responsible Board policies, Resolutions, accounting controls and common sense has been thrown overboard by these three Trustees. We truly believe they don't have a clue on exactly what they have approved. They continue to make the Board of Trustees irrelevant. So why have them? Monthly meetings have been reduced from two to one. At the last meeting, five of the six business items were pulled from the agenda for a future meeting. Two Trustees didn't show up and one called in.
These three people in charge act very inappropriately and do not serve our community’s best interests. Like our citizens, Trustees Dent and Callicrate are powerless. In this District, the inept majority rules.
Note 2(11/19/19) A few days after this post, the photo was replaced.
Note: Photo is from IVGID website https://www.yourtahoeplace.com/ivgid/board-of-trustees
Even the photo is cropped to eliminate the other two trustees showing how insignificant they are.
#Misc
Nov 07, 2019 9:36:40am
Our Village Voice updated their status.
Another IVGID Board Fiasco – We've lost count
On Wednesday, December 18, 2019, the IVGID Board of Trustees held a meeting to appoint a New Trustee for the seat vacated by Phil Horan. The agenda was quite simple: each of the seven candidates (one withdrew) would be interviewed for 25 minutes followed by a Board discussion at the end of the interviews. Then, according to the Board agenda, any Trustee could make a motion to recommend A (one) candidate.
Trustees Dent and Callicrate followed the agenda and recommended Sara Schmitz. Ms. Schmitz had campaigned for one of the two open Trustee seats in 2018 election and gathered almost 2300 votes and losing by only 14 votes. As both Trustees explained, Schmitz was the clear community choice as our Incline Village/Crystal Bay voters spoke at the ballot box last November.
On the other hand, Trustees Wong and Morris recommended three people (in no particular order) rather than one and failed to disclose the candidate they wanted to fill the vacant seat. This, of course, was a waste of time as only one person could be selected. Abiding by the agenda? Not a chance.
Rather than Wong and Morris doing their job, they began an assault on Dent and Callicrate about not wanting to compromise. Compromise what? Trustees Callicrate and Dent did their job of recommending one candidate. Morris continued with wild accusations of Schmitz being an "activist" and unfit for the position. In reality, Schmitz over the past few years attended IVGID Board meetings, organized a forum with government agencies to discuss parking issues, organized and moderated a community meeting with our County Commissioner to discuss short term rentals, and worked extremely hard with Washoe County and TRPA to begin addressing short term rentals. Schmitz also created a non-profit organization called Incline Village Crystal Bay Community 1st to inform citizens of the various governmental agencies’ agendas and provide objective information on matters vital to our community. So somehow, Mr. Morris believes this activism is bad. In other words, he believes he's in charge, his opinions trump all facts, and everyone else should just shut up. Wong was no different and stated that Schmitz was "polarizing." Dent and Callicrate did not attack the other candidates and recommended the one candidate who received our community’s overwhelming support. Morris’ hysterical rampage on compromise needs to be watched on the livestream at 3 hours33 minutes. It lasts about 10 minutes. https://livestream.com/IVGID/events/8934327/videos/200031273
After it became apparent that there was no chance that the Board would select one candidate, Wong made a motion to transfer decision making, as required by law, to the Washoe County Board of Commissioners to select one candidate out of four candidates. In other words, one by Callicrate and Dent and three by Wong and Morris. Crazy. Wong and Morris would not select one candidate as they were required to do. Instead they tried to slip in three. Following the rules? Not a chance. NO one seconded the motion and it died.
The next motion made by Wong was to let the Washoe County Board of Commissioners make the appointment. The motion was passed by 3 to 1. Morris voted NO. Wow.
According to the Tahoe Tribune, the Commissioners hope to get the position posted on December 23 and interview candidates at their next meeting on January 14, 2020. The position will now be open to all full time Incline Village/ Crystal Bay residents who want to apply.
Another fiasco.
#Misc
On Wednesday, December 18, 2019, the IVGID Board of Trustees held a meeting to appoint a New Trustee for the seat vacated by Phil Horan. The agenda was quite simple: each of the seven candidates (one withdrew) would be interviewed for 25 minutes followed by a Board discussion at the end of the interviews. Then, according to the Board agenda, any Trustee could make a motion to recommend A (one) candidate.
Trustees Dent and Callicrate followed the agenda and recommended Sara Schmitz. Ms. Schmitz had campaigned for one of the two open Trustee seats in 2018 election and gathered almost 2300 votes and losing by only 14 votes. As both Trustees explained, Schmitz was the clear community choice as our Incline Village/Crystal Bay voters spoke at the ballot box last November.
On the other hand, Trustees Wong and Morris recommended three people (in no particular order) rather than one and failed to disclose the candidate they wanted to fill the vacant seat. This, of course, was a waste of time as only one person could be selected. Abiding by the agenda? Not a chance.
Rather than Wong and Morris doing their job, they began an assault on Dent and Callicrate about not wanting to compromise. Compromise what? Trustees Callicrate and Dent did their job of recommending one candidate. Morris continued with wild accusations of Schmitz being an "activist" and unfit for the position. In reality, Schmitz over the past few years attended IVGID Board meetings, organized a forum with government agencies to discuss parking issues, organized and moderated a community meeting with our County Commissioner to discuss short term rentals, and worked extremely hard with Washoe County and TRPA to begin addressing short term rentals. Schmitz also created a non-profit organization called Incline Village Crystal Bay Community 1st to inform citizens of the various governmental agencies’ agendas and provide objective information on matters vital to our community. So somehow, Mr. Morris believes this activism is bad. In other words, he believes he's in charge, his opinions trump all facts, and everyone else should just shut up. Wong was no different and stated that Schmitz was "polarizing." Dent and Callicrate did not attack the other candidates and recommended the one candidate who received our community’s overwhelming support. Morris’ hysterical rampage on compromise needs to be watched on the livestream at 3 hours33 minutes. It lasts about 10 minutes. https://livestream.com/IVGID/events/8934327/videos/200031273
After it became apparent that there was no chance that the Board would select one candidate, Wong made a motion to transfer decision making, as required by law, to the Washoe County Board of Commissioners to select one candidate out of four candidates. In other words, one by Callicrate and Dent and three by Wong and Morris. Crazy. Wong and Morris would not select one candidate as they were required to do. Instead they tried to slip in three. Following the rules? Not a chance. NO one seconded the motion and it died.
The next motion made by Wong was to let the Washoe County Board of Commissioners make the appointment. The motion was passed by 3 to 1. Morris voted NO. Wow.
According to the Tahoe Tribune, the Commissioners hope to get the position posted on December 23 and interview candidates at their next meeting on January 14, 2020. The position will now be open to all full time Incline Village/ Crystal Bay residents who want to apply.
Another fiasco.
#Misc
Dec 21, 2019 5:04:32pm
Diamond Peak – Mountain Hosts are wonderful
Over this Christmas week, with good snow conditions and great weather, Diamond Peak has been overrun with skiers. Thanks to 15 local residents who work part time as Mountain Hosts, the logistics of getting people on and off the mountain has been superb. These Hosts keep traffic moving, assist guests with loading and unloading skis, provide directions on where to purchase tickets, rent equipment and sign up for ski school or lessons. The Hosts are extremely polite, are there to help and always have a smile on their faces. Keeping confusion at low levels is always welcomed by all.
It has been a pleasure to watch the Hosts in action and seeing them appreciated by all.
Way to Go. Keep it up. Hats off and we thank you. Have a great New Year.
#Misc
Over this Christmas week, with good snow conditions and great weather, Diamond Peak has been overrun with skiers. Thanks to 15 local residents who work part time as Mountain Hosts, the logistics of getting people on and off the mountain has been superb. These Hosts keep traffic moving, assist guests with loading and unloading skis, provide directions on where to purchase tickets, rent equipment and sign up for ski school or lessons. The Hosts are extremely polite, are there to help and always have a smile on their faces. Keeping confusion at low levels is always welcomed by all.
It has been a pleasure to watch the Hosts in action and seeing them appreciated by all.
Way to Go. Keep it up. Hats off and we thank you. Have a great New Year.
#Misc
Dec 28, 2019 1:54:32pm
Our Village Voice updated their status.
Smith and IVGID litigation rages on. Getting close to $100,000 out of your pockets. Guinasso the instigator
Put an unscrupulous attorney in charge and what do you get? Litigation. So goes the case with Jason Guinasso, the attorney representing IVGID. The Smith litigation erupted back in 2017, when Smith requested IVGID to provide public records and the request was denied. Smith asked again and Guinasso stepped in, appointed himself the public records officer, and decided only 304 out of some 13,000 emails would be released and the remainder would be withheld under the concept of attorney client privilege. Guinasso then decided Smith had to pay a grand total of $299.00. The law clearly states that records released must be delivered free of charge.
Smith had enough with Guinasso obstructions and sued IVGID, Trustee Wong and Guinasso to release the 304 emails free of charge and provide a log of all emails which Guinasso, on his own, considered confidential and privileged.
The coffers were open and Guinasso, without first obtaining Board of Trustee approval, hired his sidekick Beko who jumped into the litigation claiming Guinasso was a Saint and Smith had no claims.
After Guinasso ran up legal fees of $50,000, the court awarded Smith a win but ordered Smith to pay only half the costs ($150) and IVGID must provide a privileged log. IVGID would have to pay most of Smith's legal fees of about $23,000.
Settled. Not a chance. Instead, Guinasso asked the Board of Trustees for another $10,000 to file a motion to reconsider the court's ruling claiming the Judge was wrong and a privilege log cannot be released to the public pre litigation. In order to get the money he had to scare the pants off of Trustees Wong, Horan and Morris that providing privileges logs pre litigation would cost "the sky is the limit". The three Trustees voted to fork over the dough. The court denied the motion and also decided that Smith had to pay nothing and IVGID had to return the $150. Flush $10,000.
Smith, apparently not believing that 13,000 e mails were privileged nor that Guinasso had any authority to decide what emails were privileged filed another motion asking the court to compel IVGID to release the e mails . Guinasso and his sidekick, again without Board authority , answered the motion and ran up another $13,000 in fees claiming the answer was mandated and just could not wait for Board approval. BS. The mandate comes from the Board, no one else. The court denied Smith's motion stating the request was unwarranted. Logical. since the Board might decide a few emails were actually privileged.
On December 11, 2019, Guinasso's sidekick asked for the Board to approve the $13,000 already spent, without Board approval and then asked for another $10,000 to file a motion to release Wong and Guinasso from the litigation. The request was tabled and no action was taken.
Guinasso's side kick apparently not concerned about getting paid filed the motion anyhow, again not obtaining Board approval. Smith recently answered IVGID's motion and the court will rule at some point in the future. What the heck is going on here. Rouge attorneys on the loose.
Starting out with a bang in 2020, Smith filed another motion requesting the court to order release of approximately 500 withheld emails which could not possibly be privileged since Guinasso was only copied and provided no legal advice.
Our sources believe Smith's legal fees are now about $40,000 which IVGID may be responsible to pay . We also understand that a settlement may be in the works. We hope the settlement includes dismissing Guinasso as IVGID's attorney.
Where are we? Probably $100,000 poorer, Guinasso and his sidekick richer, Wong and Morris with their heads in the sand and litigation raging on.
Now how is it possible that two Board members, Dent and Callicrate would state the 13, 000 emails are public records and should be released and Wong and Morris say nothing? Any direction here? No. We have a rudderless ship with the shark (Guinasso) swimming around waiting to take another bite out of our money.
#Misc
Put an unscrupulous attorney in charge and what do you get? Litigation. So goes the case with Jason Guinasso, the attorney representing IVGID. The Smith litigation erupted back in 2017, when Smith requested IVGID to provide public records and the request was denied. Smith asked again and Guinasso stepped in, appointed himself the public records officer, and decided only 304 out of some 13,000 emails would be released and the remainder would be withheld under the concept of attorney client privilege. Guinasso then decided Smith had to pay a grand total of $299.00. The law clearly states that records released must be delivered free of charge.
Smith had enough with Guinasso obstructions and sued IVGID, Trustee Wong and Guinasso to release the 304 emails free of charge and provide a log of all emails which Guinasso, on his own, considered confidential and privileged.
The coffers were open and Guinasso, without first obtaining Board of Trustee approval, hired his sidekick Beko who jumped into the litigation claiming Guinasso was a Saint and Smith had no claims.
After Guinasso ran up legal fees of $50,000, the court awarded Smith a win but ordered Smith to pay only half the costs ($150) and IVGID must provide a privileged log. IVGID would have to pay most of Smith's legal fees of about $23,000.
Settled. Not a chance. Instead, Guinasso asked the Board of Trustees for another $10,000 to file a motion to reconsider the court's ruling claiming the Judge was wrong and a privilege log cannot be released to the public pre litigation. In order to get the money he had to scare the pants off of Trustees Wong, Horan and Morris that providing privileges logs pre litigation would cost "the sky is the limit". The three Trustees voted to fork over the dough. The court denied the motion and also decided that Smith had to pay nothing and IVGID had to return the $150. Flush $10,000.
Smith, apparently not believing that 13,000 e mails were privileged nor that Guinasso had any authority to decide what emails were privileged filed another motion asking the court to compel IVGID to release the e mails . Guinasso and his sidekick, again without Board authority , answered the motion and ran up another $13,000 in fees claiming the answer was mandated and just could not wait for Board approval. BS. The mandate comes from the Board, no one else. The court denied Smith's motion stating the request was unwarranted. Logical. since the Board might decide a few emails were actually privileged.
On December 11, 2019, Guinasso's sidekick asked for the Board to approve the $13,000 already spent, without Board approval and then asked for another $10,000 to file a motion to release Wong and Guinasso from the litigation. The request was tabled and no action was taken.
Guinasso's side kick apparently not concerned about getting paid filed the motion anyhow, again not obtaining Board approval. Smith recently answered IVGID's motion and the court will rule at some point in the future. What the heck is going on here. Rouge attorneys on the loose.
Starting out with a bang in 2020, Smith filed another motion requesting the court to order release of approximately 500 withheld emails which could not possibly be privileged since Guinasso was only copied and provided no legal advice.
Our sources believe Smith's legal fees are now about $40,000 which IVGID may be responsible to pay . We also understand that a settlement may be in the works. We hope the settlement includes dismissing Guinasso as IVGID's attorney.
Where are we? Probably $100,000 poorer, Guinasso and his sidekick richer, Wong and Morris with their heads in the sand and litigation raging on.
Now how is it possible that two Board members, Dent and Callicrate would state the 13, 000 emails are public records and should be released and Wong and Morris say nothing? Any direction here? No. We have a rudderless ship with the shark (Guinasso) swimming around waiting to take another bite out of our money.
#Misc
Jan 17, 2020 2:49:37pm
Our Village Voice updated their status.
IVGID – The bad seeds are almost all gone
The latest in a string of IVGID senior staff departures is the outside attorney Jason Guinasso. At the last board meeting, termination notice was given, however, because of the generous six months of severance pay authorized by Trustees Wong, Morris and Horan, citizens will cough up another $72,000. Another attorney will have to be hired. What was interesting is the termination letter provided for "termination without cause". Trustee Schmitz, with concurrence from the other Board members, had the phrase removed. There is plenty of cause.
Guinasso along with Pinkerton, Eick and Trustee Wong injected a robust attitude of breaking the law and using taxpayer money to sue anyone who got in their way. Remember trying to annihilate Flash Vote in an attempt to put the company out of business, then attacking Trustee Dent with a phony ethics complaint and now the current Smith lawsuit over denying access to public records. Then after Katz lost his appeal to the State Supreme Court, Guinasso wanted some more legal fees to sue Katz to recover legal fees incurred from defending the appeal. IVGID recently had to engage another outside attorney to assist in resolving the ongoing Smith litigation as Guinasso is a defendant along with IVGID. If ever resolved IVGID will pay in excess of $150,000 all of which was caused by Guinasso ignoring the law. Smith will ultimately get the public records and we will all have an opportunity to see what Guinasso was attempting to hide. IVGID continues to defend Guinasso which is difficult to understand. Have him get his own attorney.
Take into account, the wasted money on providing bad legal advice pursuing the purchase of the Parasol building, wrongfully defending Director of Finance, Eick for selling real estate without board approval, and then allowing IVGID to continually break Open Meeting laws and then ask. Is there cause? The Attorney General had to step in and tell Guinasso to stop attempting to limit public comments at Board meetings. Board policies were watered down, public records were destroyed and inaccurate advice given to certain Board members to sway their decisions. When all tallied up it will be hard to know the actual costs, waste of time and effort inflected by this unscrupulous attorney.
Mr. Gerald Eick, the former Director of Finance, who resigned in December, 2019, but still hung around until recently, completely botched up the fiscal year 2019 Comprehensive Annual Financial Report. It was also discovered that IVGID had no internal controls on anything. In other words anyone could do anything they wanted and they did. The new audit committee had to approve engaging two outside experts to provide advice on fixing all of the accounting violations, insure complying with the law, performing a complete review of the nonexistent internal controls and subsequently develop new controls. Mr. Paul Navazio, the new Director of Finance, has crashed into a buzz saw, but we are pleased to see he is reviewing our past reporting of bad accounting and seems to be doing something about it. We are in contact with him often.
Over the past several months we have investigated the lack of management over contracts. There are no checks or balances. We have found overpayments to contractors, budget discrepancies, payments for no work performed and poorly written contracts. We have delivered our work to the Audit Committee and we hope they do an in depth investigation.
There are only a couple more people who should find the exit sign out of IVGID's offices. They should realize their incompetence allowing for other people to take over and do the job right. This mess has been brewing for several years and is now boiling. Having to reorganize and contend with the disruption caused by Covid-19, has put a tremendous load on Board members. We hope they will keep their chins up and proceed diligently.
#Misc
The latest in a string of IVGID senior staff departures is the outside attorney Jason Guinasso. At the last board meeting, termination notice was given, however, because of the generous six months of severance pay authorized by Trustees Wong, Morris and Horan, citizens will cough up another $72,000. Another attorney will have to be hired. What was interesting is the termination letter provided for "termination without cause". Trustee Schmitz, with concurrence from the other Board members, had the phrase removed. There is plenty of cause.
Guinasso along with Pinkerton, Eick and Trustee Wong injected a robust attitude of breaking the law and using taxpayer money to sue anyone who got in their way. Remember trying to annihilate Flash Vote in an attempt to put the company out of business, then attacking Trustee Dent with a phony ethics complaint and now the current Smith lawsuit over denying access to public records. Then after Katz lost his appeal to the State Supreme Court, Guinasso wanted some more legal fees to sue Katz to recover legal fees incurred from defending the appeal. IVGID recently had to engage another outside attorney to assist in resolving the ongoing Smith litigation as Guinasso is a defendant along with IVGID. If ever resolved IVGID will pay in excess of $150,000 all of which was caused by Guinasso ignoring the law. Smith will ultimately get the public records and we will all have an opportunity to see what Guinasso was attempting to hide. IVGID continues to defend Guinasso which is difficult to understand. Have him get his own attorney.
Take into account, the wasted money on providing bad legal advice pursuing the purchase of the Parasol building, wrongfully defending Director of Finance, Eick for selling real estate without board approval, and then allowing IVGID to continually break Open Meeting laws and then ask. Is there cause? The Attorney General had to step in and tell Guinasso to stop attempting to limit public comments at Board meetings. Board policies were watered down, public records were destroyed and inaccurate advice given to certain Board members to sway their decisions. When all tallied up it will be hard to know the actual costs, waste of time and effort inflected by this unscrupulous attorney.
Mr. Gerald Eick, the former Director of Finance, who resigned in December, 2019, but still hung around until recently, completely botched up the fiscal year 2019 Comprehensive Annual Financial Report. It was also discovered that IVGID had no internal controls on anything. In other words anyone could do anything they wanted and they did. The new audit committee had to approve engaging two outside experts to provide advice on fixing all of the accounting violations, insure complying with the law, performing a complete review of the nonexistent internal controls and subsequently develop new controls. Mr. Paul Navazio, the new Director of Finance, has crashed into a buzz saw, but we are pleased to see he is reviewing our past reporting of bad accounting and seems to be doing something about it. We are in contact with him often.
Over the past several months we have investigated the lack of management over contracts. There are no checks or balances. We have found overpayments to contractors, budget discrepancies, payments for no work performed and poorly written contracts. We have delivered our work to the Audit Committee and we hope they do an in depth investigation.
There are only a couple more people who should find the exit sign out of IVGID's offices. They should realize their incompetence allowing for other people to take over and do the job right. This mess has been brewing for several years and is now boiling. Having to reorganize and contend with the disruption caused by Covid-19, has put a tremendous load on Board members. We hope they will keep their chins up and proceed diligently.
#Misc
Apr 24, 2020 6:52:19pm
Our Village Voice updated their status.
Why is IVGID protecting Jason Guinasso in the Smith litigation?
A written quote from Indra Winquest – January 15, 2020 to the Board of Trustees: "This case, which started out as a request for public records, has now morphed into a case about attorney/client privilege. It is vital that the District do everything within it powers to protect this privilege."
According to Winquest, this lawsuit is not about Smith's rights to obtain public records but instead about protecting the one and only person, Jason Guinasso, who decided on his own, without authority that a massive number of documents were attorney/client privileged and could not be delivered to Smith. Why does Guinasso need protection? IVGID has gone so far as to allow Thomas Beko, the litigation attorney, to try and get Guinasso released from the lawsuit. Why? As citizens, what benefits do we gain by letting Guinasso off the hook? If anything, IVGID should insure citizens that Guinasso remains on the hook because when it comes time to pay Smith's legal fees, the Court no doubt would put most of that burden on Guinasso. If he is out of the lawsuit the entire burden falls on IVGID which in turn falls on you. At the same time a huge conflict of interest exists with Beko representing both IVGID and Guinasso individually and believe it or not, under one single contract. So who is he working for?
So there you have it. A mess. Almost two years of litigation, several Court rulings in favor of Smith and the "beat goes on".
In January, 2020, Smith asked the Court to order IVGID to release approximately 500 documents which could not possibly be considered privileged. IVGID caved, paving the way for a review of the 500 documents, seemingly knowing a defense was implausible.
Smith stipulated to release Wong and IVGID agreed that a SPECIAL MASTER would be selected from 6 attorneys (3 each) to review the 500 documents and determine which documents are truly privileged, if any. Resulting from a hearing on May 12th, the Court will order a SPECIAL MASTER to perform the task. Results of the review will come back in the summer. Who will pay the SPECIAL MASTER fees? That depends on how many documents are found NOT to be privileged. If there is an excessive number, the Court will come down hard on IVGID.
Meanwhile in this nightmare, Guinasso, being the instigator and unauthorized decision maker has been terminated by IVGID and is keeping his fingers crossed that he gets released from his own nightmare on IVGID's dime (or dollars?). Two Board members have stated in public meetings that all records of the District are public information except when employees are involved. The Nevada Revised Statute requires that citizens are entitled to public records. What have citizens got so far? A bad lawyer, unauthorized pursuit of Lawsuits, Legal fees and absolutely no plan to resolve the litigation.
IVGID recently threw a settlement offer at Smith which was rejected.
So where does IVGID really stand? If the SPECIAL MASTER determines that a portion of the 500 documents were in fact NOT privileged, Smith will have won again and probably will ask the Court to review the remaining 12,000 to 13,000 documents requiring more legal fees and more burden on citizens. Logic suggests that will be the result. Just for fun, imagine the documents are truly privileged, then close your eyes, click your heels three times, and you will be back in Kansas.
Our recommendation is that the Board gets off their butts, live up to their obligations, stop relying on a bad attorneys, decide what documents are truly NOT privileged, deliver them to Smith, end the litigation and seek recovery of legal fees from Guinasso.
Beko's legal fees to date are $87,000 and Smith may have about $50,000. These costs are just kindle to a future bonfire. Wait until the Court requires a review of the enormous batch of documents that Guinasso would not release to Smith. Then we can huddle around the bonfire, throw money on it to keep it alive. After all it will probably be next winter.
Troublesome and just plain Crazy.
#Misc
A written quote from Indra Winquest – January 15, 2020 to the Board of Trustees: "This case, which started out as a request for public records, has now morphed into a case about attorney/client privilege. It is vital that the District do everything within it powers to protect this privilege."
According to Winquest, this lawsuit is not about Smith's rights to obtain public records but instead about protecting the one and only person, Jason Guinasso, who decided on his own, without authority that a massive number of documents were attorney/client privileged and could not be delivered to Smith. Why does Guinasso need protection? IVGID has gone so far as to allow Thomas Beko, the litigation attorney, to try and get Guinasso released from the lawsuit. Why? As citizens, what benefits do we gain by letting Guinasso off the hook? If anything, IVGID should insure citizens that Guinasso remains on the hook because when it comes time to pay Smith's legal fees, the Court no doubt would put most of that burden on Guinasso. If he is out of the lawsuit the entire burden falls on IVGID which in turn falls on you. At the same time a huge conflict of interest exists with Beko representing both IVGID and Guinasso individually and believe it or not, under one single contract. So who is he working for?
So there you have it. A mess. Almost two years of litigation, several Court rulings in favor of Smith and the "beat goes on".
In January, 2020, Smith asked the Court to order IVGID to release approximately 500 documents which could not possibly be considered privileged. IVGID caved, paving the way for a review of the 500 documents, seemingly knowing a defense was implausible.
Smith stipulated to release Wong and IVGID agreed that a SPECIAL MASTER would be selected from 6 attorneys (3 each) to review the 500 documents and determine which documents are truly privileged, if any. Resulting from a hearing on May 12th, the Court will order a SPECIAL MASTER to perform the task. Results of the review will come back in the summer. Who will pay the SPECIAL MASTER fees? That depends on how many documents are found NOT to be privileged. If there is an excessive number, the Court will come down hard on IVGID.
Meanwhile in this nightmare, Guinasso, being the instigator and unauthorized decision maker has been terminated by IVGID and is keeping his fingers crossed that he gets released from his own nightmare on IVGID's dime (or dollars?). Two Board members have stated in public meetings that all records of the District are public information except when employees are involved. The Nevada Revised Statute requires that citizens are entitled to public records. What have citizens got so far? A bad lawyer, unauthorized pursuit of Lawsuits, Legal fees and absolutely no plan to resolve the litigation.
IVGID recently threw a settlement offer at Smith which was rejected.
So where does IVGID really stand? If the SPECIAL MASTER determines that a portion of the 500 documents were in fact NOT privileged, Smith will have won again and probably will ask the Court to review the remaining 12,000 to 13,000 documents requiring more legal fees and more burden on citizens. Logic suggests that will be the result. Just for fun, imagine the documents are truly privileged, then close your eyes, click your heels three times, and you will be back in Kansas.
Our recommendation is that the Board gets off their butts, live up to their obligations, stop relying on a bad attorneys, decide what documents are truly NOT privileged, deliver them to Smith, end the litigation and seek recovery of legal fees from Guinasso.
Beko's legal fees to date are $87,000 and Smith may have about $50,000. These costs are just kindle to a future bonfire. Wait until the Court requires a review of the enormous batch of documents that Guinasso would not release to Smith. Then we can huddle around the bonfire, throw money on it to keep it alive. After all it will probably be next winter.
Troublesome and just plain Crazy.
#Misc
May 16, 2020 11:32:59am
Incline High School girls' basketball team wins State Title in division 2A schools
On February 26, 2020, the girls marched down to Lawler Events Center on the University of Nevada campus and beat Ely's White Pine High School by a score of 38-30. The girls are tall and overpowered the smaller White Pine Squad. Tippins and Brook Gutthell measure 6'2" tall and are only sophomores . It was the fourth time Incline beat White Pine during the season.
Indra Winquest, IVGID's General Manager, coached the girls.
The Incline boys lost to West Wendover in the championship game and took second place in the State. The shots just would not fall. They won the championship last year.
Division 2A schools are smaller and have between 300 and 500 students.
Division 5A larger schools have well over 1,000 students.
Congratulations
#Misc
On February 26, 2020, the girls marched down to Lawler Events Center on the University of Nevada campus and beat Ely's White Pine High School by a score of 38-30. The girls are tall and overpowered the smaller White Pine Squad. Tippins and Brook Gutthell measure 6'2" tall and are only sophomores . It was the fourth time Incline beat White Pine during the season.
Indra Winquest, IVGID's General Manager, coached the girls.
The Incline boys lost to West Wendover in the championship game and took second place in the State. The shots just would not fall. They won the championship last year.
Division 2A schools are smaller and have between 300 and 500 students.
Division 5A larger schools have well over 1,000 students.
Congratulations
#Misc
Jun 14, 2020 1:07:37pm
Our Village Voice updated their status.
On June 30, 2020, IVGID Board of Trustees will attempt to ramrod through a 3 year contract for Indra Winquest to become General Manager effective one day later on 7/1/2020.
First, a little background is in order. Former General Manager Pinkerton unilaterally appointed Director of Parks and Recreation Indra Winquest as Assistant General Manager in May of 2019. One month later, GM Pinkerton announced his resignation and effective August 2, 2019 the Board unanimously approved Mr. Winquest to serve as Interim General Manager. The Board indefinitely postponed any decision on a search for a new General Manager and instead wrapped their arms around Mr. Winquest. However, in order for Mr. Winquest to qualify and serve as General Manager, the Trustees had to change the Job Description and Qualifications to fit Mr. Winquest. So, what did they do?
On December 11, 2019, the Board consisting of Trustees Callicrate, Dent, Morris and Wong unanimously altered the following sections of the GM Job Description:
• Increased the annual salary range from $100,000 to $200,000 to $182,000 to $230,000
• Changed the Education requirements from a Bachelor's degree in Public Administration, Business, Finance, Accounting, or Engineering to include "relevant work experience with increasing responsibilities which include the management and leadership of a sizable organization." Whatever that means. Winquest received a degree in Global Economics with a minor in Latin America Studies from UC – Santa Cruz in 1998. Mr. Winquest’s relevant experience consisted of 5 years as IVGID Director of Parks and Recreation.
• Changed residency from living in Incline Village/Crystal Bay to living within a 45 mile radius. Winquest lives in Reno.
The stage was set and Winquest became eligible, if not necessarily the best qualified, under the newly established Job Description. No need to conduct a search or consider any other candidate. No need for the Board to establish any training or performance objectives or do much of anything except agree to steep increases of 28% above Mr. Winquest’s Director of Parks and Recreation salary.
Why 11 months passed without any action by the Board or Winquest on establishing a permanent General Manager position is unknown to us. It is also a mystery as to the absence of any performance standards or review.
SO NOW WHAT?
On Tuesday, June 30, 2020 a contract is on the Board Agenda for approval. Major items include:
• Three year contract
• $195,000 per year base salary with annual Cost of Living increases – no floor or cap
• Health, dental and vision insurance – unknown amount
• IVGID contribution to a 457 Program – unknown amount
• Retirement Benefits by way of IVGID's existing 401(a) plan – unknown amount
• Five weeks of vacation with Winquest having the right to sell back for cash 50% of the vacation pay
• Approximately 2.6 weeks of annual sick pay
• Paid Holiday Leave – number of days are unknown
• $1,000,000 Life Insurance Policy with an unknown beneficiary and an unstated cost
• Annual Performance Review – not determined
• Severance Benefit if terminated – One year Salary plus medical premiums
THE KICKER
The contract also has the Board’s preauthorization for Winquest to coach middle/high school basketball and act as a Board member for a charter school providing the time dedicated is substantially the same as it currently exists. Of course, no one knows, other than Winquest, how much time was historically dedicated to these activities. The High School Girls Basketball team had 27 games last season. They practiced often and some away games take several hours of travel. Winquest also gets paid by the Washoe County School District to be the head coach of the High School Girls Basketball Team. Pay and benefits for 2019 was $5,097 according to Transparent Nevada. Mr. Winquest’s time commitment and responsibilities to the Charter School has not been disclosed.
The Agenda for the Contract does not provide the total costs of the three year contract. It also omits any comparison with previous GM contracts and other Nevada municipality contracts for similar positions.
So there you have it. Do we actually know what Mr. Winquest’s lavish contract costs? NO! Transparency? NONE!
Board – Please take this off the agenda.
#Misc
First, a little background is in order. Former General Manager Pinkerton unilaterally appointed Director of Parks and Recreation Indra Winquest as Assistant General Manager in May of 2019. One month later, GM Pinkerton announced his resignation and effective August 2, 2019 the Board unanimously approved Mr. Winquest to serve as Interim General Manager. The Board indefinitely postponed any decision on a search for a new General Manager and instead wrapped their arms around Mr. Winquest. However, in order for Mr. Winquest to qualify and serve as General Manager, the Trustees had to change the Job Description and Qualifications to fit Mr. Winquest. So, what did they do?
On December 11, 2019, the Board consisting of Trustees Callicrate, Dent, Morris and Wong unanimously altered the following sections of the GM Job Description:
• Increased the annual salary range from $100,000 to $200,000 to $182,000 to $230,000
• Changed the Education requirements from a Bachelor's degree in Public Administration, Business, Finance, Accounting, or Engineering to include "relevant work experience with increasing responsibilities which include the management and leadership of a sizable organization." Whatever that means. Winquest received a degree in Global Economics with a minor in Latin America Studies from UC – Santa Cruz in 1998. Mr. Winquest’s relevant experience consisted of 5 years as IVGID Director of Parks and Recreation.
• Changed residency from living in Incline Village/Crystal Bay to living within a 45 mile radius. Winquest lives in Reno.
The stage was set and Winquest became eligible, if not necessarily the best qualified, under the newly established Job Description. No need to conduct a search or consider any other candidate. No need for the Board to establish any training or performance objectives or do much of anything except agree to steep increases of 28% above Mr. Winquest’s Director of Parks and Recreation salary.
Why 11 months passed without any action by the Board or Winquest on establishing a permanent General Manager position is unknown to us. It is also a mystery as to the absence of any performance standards or review.
SO NOW WHAT?
On Tuesday, June 30, 2020 a contract is on the Board Agenda for approval. Major items include:
• Three year contract
• $195,000 per year base salary with annual Cost of Living increases – no floor or cap
• Health, dental and vision insurance – unknown amount
• IVGID contribution to a 457 Program – unknown amount
• Retirement Benefits by way of IVGID's existing 401(a) plan – unknown amount
• Five weeks of vacation with Winquest having the right to sell back for cash 50% of the vacation pay
• Approximately 2.6 weeks of annual sick pay
• Paid Holiday Leave – number of days are unknown
• $1,000,000 Life Insurance Policy with an unknown beneficiary and an unstated cost
• Annual Performance Review – not determined
• Severance Benefit if terminated – One year Salary plus medical premiums
THE KICKER
The contract also has the Board’s preauthorization for Winquest to coach middle/high school basketball and act as a Board member for a charter school providing the time dedicated is substantially the same as it currently exists. Of course, no one knows, other than Winquest, how much time was historically dedicated to these activities. The High School Girls Basketball team had 27 games last season. They practiced often and some away games take several hours of travel. Winquest also gets paid by the Washoe County School District to be the head coach of the High School Girls Basketball Team. Pay and benefits for 2019 was $5,097 according to Transparent Nevada. Mr. Winquest’s time commitment and responsibilities to the Charter School has not been disclosed.
The Agenda for the Contract does not provide the total costs of the three year contract. It also omits any comparison with previous GM contracts and other Nevada municipality contracts for similar positions.
So there you have it. Do we actually know what Mr. Winquest’s lavish contract costs? NO! Transparency? NONE!
Board – Please take this off the agenda.
#Misc
Jun 28, 2020 5:42:30pm
Our Village Voice updated their status.
How does the 2020 IVGID General Manager Contract stack up against the 2019 Washoe County Manager Agreement with Eric Brown?
We decided some comparisons are in order for the Board and our citizens to make an informed decision before committing to a three year contract with an unknown price tag for the only candidate eligible for the position.
GEOGRAPHICAL, FINANCIAL DATA AND SERVICES
Washoe County is the second largest County in Nevada. Incline Village/Crystal Bay is very small unincorporated area of Washoe County
Washoe County has 6,542 square miles of area and Incline Village has 22 square miles – 298 times larger
Washoe County in 2010 had a population of 471,519 and Incline had 8,777
Washoe County has 12 cities and Incline Village is a sole city.
Washoe County has 2,599 full time equivalent employees. IVGID has 258. WC is 10 times the size
Washoe County had $612 million in General and Program Revenues. IVGID had $48 million. WC is 12.75 times the size
Washoe County provides: General Government, Judicial, Public Safety, Public Works, Health and Sanitation, Welfare, Culture and Recreation and Building Permits. IVGID provides General Government Administration, Water, Sewer, Trash and Recreational Services. The County’s powers are geometric compared to IVGID’s limited powers as a general improvement district.
HIRING PROCESS
Washoe County permitted Washoe County employees to apply for the position as well as conducting a nationwide search for County Manager. A community based panel was assembled to interview the candidates. The three top candidates were brought to the Commissioners for a public interview. Mr. Brown was selected by the Commissioners in a public meeting.
The IVGID Board did not open or advertise the position for any applicants beside Mr. Winquest. The IVGID Board customized the GM Job Description and Qualifications to create Mr. Winquest’s eligibility.
CONTRACT COMPARISONS
Brown got a 2 year contract. Winquest gets a 3 year contract
Brown gets a salary of $222,560 per year. Winquest gets $195,000
Brown will get severance pay of 6 month's salary. Winquest gets 12 months
Brown gets a shot at a bonus. Winquest does not get an automatic shot at a bonus. The Board, however, can vote to approve a bonus at its sole discretion
Brown cannot sell back his vacation pay. Winquest can
Brown gets a car allowance of $600 month. Winquest is unknown
Brown is provided a cell phone. Winquest gets $100 per month
Brown gets $2,000 per year for dues. Winquest gets an unlimited amount subject to Board approval
Brown gets a procurement card with a limit of $500 per year for meals. Winquest is unknown
Brown gets a moving allowance of $7,500. Winquest is not moving
Brown gets up to $4,000 per year for Professional Development Expenses. Winquest is unknown
Brown was required after 6 months to provide a performance assessment. Winquest has no requirement
Winquest gets a $1,000,000 insurance policy to benefit his family. Brown unknown
Winquest gets approval to take an unspecified amount of time from his full time paid position to honor his other professional commitments to high school coaching and board membership on a Charter School. Other professional commitments are not included in Mr. Brown’s contract.
Both gentlemen get Health and Retirement Benefits but no comparison can be made at this time
Both have an annual performance review
RESUMES
Brown brings over 20 years of a robust executive leadership and management background in a variety of organizational settings, including multiple Fortune 500 companies. He has extensive experience in consumer brand management with a variety of consumer product companies, including The Procter & Gamble Company, H.J. Heinz, and Bumble Bee. Brown is a former chairman of the California Cable and Telecommunications Association (CCTA), and is a recipient of the prestigious National Cable & Telecommunications Association Vanguard Award for excellence in cable operations, and the cable industry’s CTAM Chairman’s Award for excellence in cable marketing.
For the past nine years, Mr. Brown was President & CEO and founder of California Telehealth Network which is the largest FCC funded statewide telehealth network in the US serving over 300 clinics and hospitals in rural and medically underserved urban California communities. He maintained ongoing professional relationships with representatives from the Federal Communications Commission, California Public Utilities Commission, California Broadband Council, municipal government leaders as well as representatives from statewide education and telehealth networks from other states.
Brown received his Master of Business Administration in Marketing and General Management from the University of Virginia Darden School of Business, and his Bachelor of Science degree in Political Science from the University of California in Los Angeles. (This information along with his complete resume can be found on the Washoe County Website)
Winquest brings five years of experience as IVGID's Director of Parks and Recreation, approximately 3 months as Assistant GM and 11 months as interim General Manager.
Winquest received a bachelor's degree from University of California – Santa Cruz in Global Economics with a minor in Latin America Studies.
BROWN RECEIVES 14% MORE IN BASE SALARY THAN WINQUEST FOR A GOVERNMENTAL ENTITY TEN (10) TIMES THE SIZE.
We would provide more on retirements and benefits if we could locate the information
All of the above data has been obtained from various sources published by Washoe County and IVGID.
#Misc
We decided some comparisons are in order for the Board and our citizens to make an informed decision before committing to a three year contract with an unknown price tag for the only candidate eligible for the position.
GEOGRAPHICAL, FINANCIAL DATA AND SERVICES
Washoe County is the second largest County in Nevada. Incline Village/Crystal Bay is very small unincorporated area of Washoe County
Washoe County has 6,542 square miles of area and Incline Village has 22 square miles – 298 times larger
Washoe County in 2010 had a population of 471,519 and Incline had 8,777
Washoe County has 12 cities and Incline Village is a sole city.
Washoe County has 2,599 full time equivalent employees. IVGID has 258. WC is 10 times the size
Washoe County had $612 million in General and Program Revenues. IVGID had $48 million. WC is 12.75 times the size
Washoe County provides: General Government, Judicial, Public Safety, Public Works, Health and Sanitation, Welfare, Culture and Recreation and Building Permits. IVGID provides General Government Administration, Water, Sewer, Trash and Recreational Services. The County’s powers are geometric compared to IVGID’s limited powers as a general improvement district.
HIRING PROCESS
Washoe County permitted Washoe County employees to apply for the position as well as conducting a nationwide search for County Manager. A community based panel was assembled to interview the candidates. The three top candidates were brought to the Commissioners for a public interview. Mr. Brown was selected by the Commissioners in a public meeting.
The IVGID Board did not open or advertise the position for any applicants beside Mr. Winquest. The IVGID Board customized the GM Job Description and Qualifications to create Mr. Winquest’s eligibility.
CONTRACT COMPARISONS
Brown got a 2 year contract. Winquest gets a 3 year contract
Brown gets a salary of $222,560 per year. Winquest gets $195,000
Brown will get severance pay of 6 month's salary. Winquest gets 12 months
Brown gets a shot at a bonus. Winquest does not get an automatic shot at a bonus. The Board, however, can vote to approve a bonus at its sole discretion
Brown cannot sell back his vacation pay. Winquest can
Brown gets a car allowance of $600 month. Winquest is unknown
Brown is provided a cell phone. Winquest gets $100 per month
Brown gets $2,000 per year for dues. Winquest gets an unlimited amount subject to Board approval
Brown gets a procurement card with a limit of $500 per year for meals. Winquest is unknown
Brown gets a moving allowance of $7,500. Winquest is not moving
Brown gets up to $4,000 per year for Professional Development Expenses. Winquest is unknown
Brown was required after 6 months to provide a performance assessment. Winquest has no requirement
Winquest gets a $1,000,000 insurance policy to benefit his family. Brown unknown
Winquest gets approval to take an unspecified amount of time from his full time paid position to honor his other professional commitments to high school coaching and board membership on a Charter School. Other professional commitments are not included in Mr. Brown’s contract.
Both gentlemen get Health and Retirement Benefits but no comparison can be made at this time
Both have an annual performance review
RESUMES
Brown brings over 20 years of a robust executive leadership and management background in a variety of organizational settings, including multiple Fortune 500 companies. He has extensive experience in consumer brand management with a variety of consumer product companies, including The Procter & Gamble Company, H.J. Heinz, and Bumble Bee. Brown is a former chairman of the California Cable and Telecommunications Association (CCTA), and is a recipient of the prestigious National Cable & Telecommunications Association Vanguard Award for excellence in cable operations, and the cable industry’s CTAM Chairman’s Award for excellence in cable marketing.
For the past nine years, Mr. Brown was President & CEO and founder of California Telehealth Network which is the largest FCC funded statewide telehealth network in the US serving over 300 clinics and hospitals in rural and medically underserved urban California communities. He maintained ongoing professional relationships with representatives from the Federal Communications Commission, California Public Utilities Commission, California Broadband Council, municipal government leaders as well as representatives from statewide education and telehealth networks from other states.
Brown received his Master of Business Administration in Marketing and General Management from the University of Virginia Darden School of Business, and his Bachelor of Science degree in Political Science from the University of California in Los Angeles. (This information along with his complete resume can be found on the Washoe County Website)
Winquest brings five years of experience as IVGID's Director of Parks and Recreation, approximately 3 months as Assistant GM and 11 months as interim General Manager.
Winquest received a bachelor's degree from University of California – Santa Cruz in Global Economics with a minor in Latin America Studies.
BROWN RECEIVES 14% MORE IN BASE SALARY THAN WINQUEST FOR A GOVERNMENTAL ENTITY TEN (10) TIMES THE SIZE.
We would provide more on retirements and benefits if we could locate the information
All of the above data has been obtained from various sources published by Washoe County and IVGID.
#Misc
Jun 29, 2020 7:11:37pm
Board of Trustees unanimously named Indra Winquest to be General Manager of IVGID for the next three years.
Total cost of compensation package was never disclosed.
Congratulations, we wish him the best !
#Misc
Total cost of compensation package was never disclosed.
Congratulations, we wish him the best !
#Misc
Jun 30, 2020 8:16:25pm
The scourge of the Spurge
SPURGE is a very aggressive WEED which has invaded our Championship Golf Course and is now causing major damage to the grass turf on the golf course.
Spurge spreads low to the ground with only one tap root. It seeds more than once a year and will grow rapidly in areas where the turf is thin and the ground is compacted. Spurge produces a considerable amount of seeds that are capable of surviving a number of years in the seed bank of the soil.
Tires from mowers, golf carts and maintenance equipment pick up the Spurge seeds and move the seed from one area to another.
Hole 5 has three areas by the green with almost 3,000 square feet of Spurge. A decent size home even by Incline Village standards. This growth didn't happen overnight.
It is quite clear that eradicating the Spurge has been ignored for several years and now large areas of most fairways are covered with the Spurge and expanding at an alarming rate.
After constant reminders, we were recently told that an AGRONOMIST (expert in the science of soil management) has been engaged to provide advice on how to purge the Spurge.
Herbicides can kill the Spurge, however, because of its aggressive nature, most grass is destroyed or depleted requiring he placement of sod. Sod will be extremely expensive as the ground must be prepared with soil additives. Poor Irrigation must also be considered.
Hand weeding is the most practical solution for established Spurge, and thanks to the deep but easily pulled taproot, is easily accomplished.
Management should determine the size of this problem, provide a solution and estimate the costs to end the Spurge scourge. The public and the Board of Trustees should know the extent of the damage.
This is a very sad situation.
#Misc
SPURGE is a very aggressive WEED which has invaded our Championship Golf Course and is now causing major damage to the grass turf on the golf course.
Spurge spreads low to the ground with only one tap root. It seeds more than once a year and will grow rapidly in areas where the turf is thin and the ground is compacted. Spurge produces a considerable amount of seeds that are capable of surviving a number of years in the seed bank of the soil.
Tires from mowers, golf carts and maintenance equipment pick up the Spurge seeds and move the seed from one area to another.
Hole 5 has three areas by the green with almost 3,000 square feet of Spurge. A decent size home even by Incline Village standards. This growth didn't happen overnight.
It is quite clear that eradicating the Spurge has been ignored for several years and now large areas of most fairways are covered with the Spurge and expanding at an alarming rate.
After constant reminders, we were recently told that an AGRONOMIST (expert in the science of soil management) has been engaged to provide advice on how to purge the Spurge.
Herbicides can kill the Spurge, however, because of its aggressive nature, most grass is destroyed or depleted requiring he placement of sod. Sod will be extremely expensive as the ground must be prepared with soil additives. Poor Irrigation must also be considered.
Hand weeding is the most practical solution for established Spurge, and thanks to the deep but easily pulled taproot, is easily accomplished.
Management should determine the size of this problem, provide a solution and estimate the costs to end the Spurge scourge. The public and the Board of Trustees should know the extent of the damage.
This is a very sad situation.
#Misc
Sep 20, 2020 10:53:24am
Our Village Voice updated their status.
Follow up to the Scourge of the Spurge
We were contacted by the Grounds Superintendent and informed that a plan exists to eradicate the Spurge. We have asked for a copy of the plan and will update you when we receive it..
#Misc
We were contacted by the Grounds Superintendent and informed that a plan exists to eradicate the Spurge. We have asked for a copy of the plan and will update you when we receive it..
#Misc
Sep 20, 2020 1:50:56pm
Our Village Voice updated their status.
WHO DO YOU WANT RUNNING IVGID?
OPINION COMPOSED and EDITED BY
Mike Abel – Chair of the
Committee for Responsible IVGID Governance (Not a PAC)
There are six candidates running for 3 seats on the IVGID Board.
We believe that two of the candidates may be compromised and will not look out for the best interests of our community.
We feel that the biggest issues with IVGID are:
1. Financial Accountability
2. Crowding on our beaches and control of our beaches
3. Expansion of IVGID facilities for the benefit of tourists
Michaela Tonking – Her website criticizes our current Board majority for hiring outside CPAs to audit IVGID and to create internal controls where none exist. Having attended few, if any, IVGID meetings before announcing her candidacy, she knows little of IVGID’s finances, operations, capital projects or utility infrastructure needs. She fails this important knowledge test. Ms. Tonking is not a property owner and doesn’t pay property taxes or the annual $830 Rec and Beach fees. Her state filing shows that she lives with her parents.
Ms. Tonking’s website says that access to Open.gov, which is not audited, is adequate financial transparency, when in fact significant irregularities have been uncovered by community members and our Audit Committee. Although she touts her academic accounting credentials, Ms. Tonking is not a licensed CPA.
Finally, Ms. Tonking has publicly advocated for “expanding summer operations at Diamond Peak” in the Tahoe Daily Tribune. Not only have 68% of residents surveyed voiced their objection to this expansion which she supports, it would be a massive drain on taxpayers who will wind up subsidizing even more tourists descending upon our town. With the parking and traffic crush created by the East Shore pathway, do we need to attract yet more summer crowds to Incline?
Blane Johnson – Is a long-time resident realtor specializing in property management and vacation rentals. Mr. Johnson has coyly avoided taking a stand on any issue facing the IVGID Board. He has not stated any position, nor has he been involved with IVGID prior to running for the Board.
Mr. Johnson’s website (Sun Bear Realty) advertises approximately 36 short-term-rentals (STRs). As such, he has a big stake in seeing that STR owners be allowed to continue purchasing unlimited punch cards for recreational and beach access under IVGID Ordinance 7. Mr. Johnson has spoken against protective STR regulations/guidelines at TRPA and Washoe County meetings and minimized the complaints of citizens impacted by STRs in their residential neighborhoods.
Recently, one of Mr. Johnson’s managed STRs was in the news when the guests left the entry door open late at night and a bear cub got trapped in an upstairs window. After the cub was safely evacuated, the guests told an observer they received no notice or information on wildlife in our area.
Mr. Johnson also has an inherent conflict of interest serving on the Board of the IV/CB Visitors and Convention Bureau whose mission is: "To encourage tourist visits and ultimately enhance the occupancy and revenues for lodging facilities in the Incline Village and Crystal Bay areas." Although the Bureau leases IVGID land for $1 per year and receives STR room taxes, the Bureau gives $0 back to IVGID. Nor does it contribute to infrastructure required by the influx of tourists and increasing number of STRs.
With 1000 STRs in our village, and their guests crowding our beaches and recreational venues, why do we need a pro-STR Trustee whose professional livelihood makes the problem worse?
#Misc
OPINION COMPOSED and EDITED BY
Mike Abel – Chair of the
Committee for Responsible IVGID Governance (Not a PAC)
There are six candidates running for 3 seats on the IVGID Board.
We believe that two of the candidates may be compromised and will not look out for the best interests of our community.
We feel that the biggest issues with IVGID are:
1. Financial Accountability
2. Crowding on our beaches and control of our beaches
3. Expansion of IVGID facilities for the benefit of tourists
Michaela Tonking – Her website criticizes our current Board majority for hiring outside CPAs to audit IVGID and to create internal controls where none exist. Having attended few, if any, IVGID meetings before announcing her candidacy, she knows little of IVGID’s finances, operations, capital projects or utility infrastructure needs. She fails this important knowledge test. Ms. Tonking is not a property owner and doesn’t pay property taxes or the annual $830 Rec and Beach fees. Her state filing shows that she lives with her parents.
Ms. Tonking’s website says that access to Open.gov, which is not audited, is adequate financial transparency, when in fact significant irregularities have been uncovered by community members and our Audit Committee. Although she touts her academic accounting credentials, Ms. Tonking is not a licensed CPA.
Finally, Ms. Tonking has publicly advocated for “expanding summer operations at Diamond Peak” in the Tahoe Daily Tribune. Not only have 68% of residents surveyed voiced their objection to this expansion which she supports, it would be a massive drain on taxpayers who will wind up subsidizing even more tourists descending upon our town. With the parking and traffic crush created by the East Shore pathway, do we need to attract yet more summer crowds to Incline?
Blane Johnson – Is a long-time resident realtor specializing in property management and vacation rentals. Mr. Johnson has coyly avoided taking a stand on any issue facing the IVGID Board. He has not stated any position, nor has he been involved with IVGID prior to running for the Board.
Mr. Johnson’s website (Sun Bear Realty) advertises approximately 36 short-term-rentals (STRs). As such, he has a big stake in seeing that STR owners be allowed to continue purchasing unlimited punch cards for recreational and beach access under IVGID Ordinance 7. Mr. Johnson has spoken against protective STR regulations/guidelines at TRPA and Washoe County meetings and minimized the complaints of citizens impacted by STRs in their residential neighborhoods.
Recently, one of Mr. Johnson’s managed STRs was in the news when the guests left the entry door open late at night and a bear cub got trapped in an upstairs window. After the cub was safely evacuated, the guests told an observer they received no notice or information on wildlife in our area.
Mr. Johnson also has an inherent conflict of interest serving on the Board of the IV/CB Visitors and Convention Bureau whose mission is: "To encourage tourist visits and ultimately enhance the occupancy and revenues for lodging facilities in the Incline Village and Crystal Bay areas." Although the Bureau leases IVGID land for $1 per year and receives STR room taxes, the Bureau gives $0 back to IVGID. Nor does it contribute to infrastructure required by the influx of tourists and increasing number of STRs.
With 1000 STRs in our village, and their guests crowding our beaches and recreational venues, why do we need a pro-STR Trustee whose professional livelihood makes the problem worse?
#Misc
Oct 02, 2020 12:09:57pm
FACT CHECK and CORRECTION on a post by Mike Abel regarding Michaela Tonking a candidate for IVGID Board of Trustees
Mr. Abel stated that Ms. Tonking "was never employed as an accountant". According to her resume which was provided to the IVGID Board of Trustees on December 18, 2019, she claims that she was employed in 2014 by Delottie & Touche as a "Busy Season Intern". Delottie & Touche is a public accounting firm. According to her letter she did not pursue public accounting and followed her passion for education and a volunteer in other endeavors.
For her complete letter and resume go to the IVGID Website at:
https://www.yourtahoeplace.com/uploads/pdf-ivgid/12-18-19_Special_-_E.1.II_-_Candidate_Information.pdf
The information on Ms. Tonking is on pages 41 to 43.
We appreciate a member of the community informing us of this oversight.
#Misc
Mr. Abel stated that Ms. Tonking "was never employed as an accountant". According to her resume which was provided to the IVGID Board of Trustees on December 18, 2019, she claims that she was employed in 2014 by Delottie & Touche as a "Busy Season Intern". Delottie & Touche is a public accounting firm. According to her letter she did not pursue public accounting and followed her passion for education and a volunteer in other endeavors.
For her complete letter and resume go to the IVGID Website at:
https://www.yourtahoeplace.com/uploads/pdf-ivgid/12-18-19_Special_-_E.1.II_-_Candidate_Information.pdf
The information on Ms. Tonking is on pages 41 to 43.
We appreciate a member of the community informing us of this oversight.
#Misc
Updated Oct 03, 2020 12:00:21pm
Oct 03, 2020 12:00:21pm
Our Village Voice updated their status.
Ad paid for by Iljosa Dobler, Administrator of Our Village Voice.
Our Village Voice supports the Re-Election of MATTHEW DENT to the IVGID Board of Trustees.
• Matthew has been an IVGID Trustee since 2015 when he was appointed to fill a vacant position
• In 2016 he was elected to a four- year term and gathered more votes than any other candidate in IVGID's history
• He kept advocating for a line item budget rather than accepting large unexplained sums
• He continued to stress the need for community input at Board Meetings and encouraged Town Halls for citizens to ask questions and voice their concerns
• He voted to stop the senseless lawsuit against FLASHVOTE and supported a settlement that stopped the financial bleed
• He opposed the attempted purchase of the Parasol Building, knowing that the purchase was too expensive, there was no required need and the legal use restrictions could not be satisfied. The purchase never got done.
• He realized almost immediately that the Utility Fund was in financial difficulty and continued to draw attention to the repurposing of money set aside for Phase II of the Effluent Pipeline Project. Matthew has taken an active role in ensuring that IVGID has the independent expert resources to plan, implement and fund the replacement or rehabilitation of our six miles of failing effluent pipeline and the required lining for the emergency effluent storage pond.
• He continued to stress the need for adequate working capital and reserves in the Utility Fund to operate, maintain and improve our $600 million water and sewer infrastructure. As an integral part of the Trustee, Staff and Citizen Working Group he has contributed to the scope of work for the comprehensive independent review which will soon be in progress.
• He voted in favor of submitting a Master Plan for Diamond Peak. Without a new plan IVGID could not renew the Diamond Peak land lease with the US Forest Service. However, he stated he did not favor turning Diamond Peak into a summertime Disneyland.
• He voted no on the attempt to design and build a new Incline Beach snack bar and restrooms that is at least five times the size of what the community needs and estimated to cost between $4 million and $5.3 million.
• He has continued to advocate that all IVGID records are public information with only the statutory exceptions for confidential matters involving litigation, union negotiations and employee matters.
• He has expressed openly that the Smith litigation should end and all public records requested should be released.
• Since January of this year, he is part of a new Board majority committed to getting things done right for our community. He was elected by the Board to serve as Vice Chair and to Chair the Audit Committee. Matthew has contributed his construction project management skills to successfully implement and complete major capital projects and demonstrated his leadership as the District confronts new challenges from the COVID-19 pandemic in protecting the health and safety of our Staff and our citizens while addressing economic uncertainties.
For the past six years, Matthew has worked hard to convince the previous 3 member Board majority to address the Community’s Recreation and Beach capital project priorities, improve the Utility Fund’s infrastructure, operations and finances, and overhaul the District’s accounting and reporting policies and practices for complete and accurate financial transparency. He has repeatedly opposed the reckless spending, unnecessary and costly litigation, and the denial of citizens’ public access to public records. Now that former General Manager Pinkerton is gone, the former Director of Finance has retired and the horrible attorney has been terminated, the new Board majority is getting things done.
Re-Elect MATTHEW DENT as our IVGID Trustee for continued progress driven by leadership, knowledge and experience!
#Misc
Our Village Voice supports the Re-Election of MATTHEW DENT to the IVGID Board of Trustees.
• Matthew has been an IVGID Trustee since 2015 when he was appointed to fill a vacant position
• In 2016 he was elected to a four- year term and gathered more votes than any other candidate in IVGID's history
• He kept advocating for a line item budget rather than accepting large unexplained sums
• He continued to stress the need for community input at Board Meetings and encouraged Town Halls for citizens to ask questions and voice their concerns
• He voted to stop the senseless lawsuit against FLASHVOTE and supported a settlement that stopped the financial bleed
• He opposed the attempted purchase of the Parasol Building, knowing that the purchase was too expensive, there was no required need and the legal use restrictions could not be satisfied. The purchase never got done.
• He realized almost immediately that the Utility Fund was in financial difficulty and continued to draw attention to the repurposing of money set aside for Phase II of the Effluent Pipeline Project. Matthew has taken an active role in ensuring that IVGID has the independent expert resources to plan, implement and fund the replacement or rehabilitation of our six miles of failing effluent pipeline and the required lining for the emergency effluent storage pond.
• He continued to stress the need for adequate working capital and reserves in the Utility Fund to operate, maintain and improve our $600 million water and sewer infrastructure. As an integral part of the Trustee, Staff and Citizen Working Group he has contributed to the scope of work for the comprehensive independent review which will soon be in progress.
• He voted in favor of submitting a Master Plan for Diamond Peak. Without a new plan IVGID could not renew the Diamond Peak land lease with the US Forest Service. However, he stated he did not favor turning Diamond Peak into a summertime Disneyland.
• He voted no on the attempt to design and build a new Incline Beach snack bar and restrooms that is at least five times the size of what the community needs and estimated to cost between $4 million and $5.3 million.
• He has continued to advocate that all IVGID records are public information with only the statutory exceptions for confidential matters involving litigation, union negotiations and employee matters.
• He has expressed openly that the Smith litigation should end and all public records requested should be released.
• Since January of this year, he is part of a new Board majority committed to getting things done right for our community. He was elected by the Board to serve as Vice Chair and to Chair the Audit Committee. Matthew has contributed his construction project management skills to successfully implement and complete major capital projects and demonstrated his leadership as the District confronts new challenges from the COVID-19 pandemic in protecting the health and safety of our Staff and our citizens while addressing economic uncertainties.
For the past six years, Matthew has worked hard to convince the previous 3 member Board majority to address the Community’s Recreation and Beach capital project priorities, improve the Utility Fund’s infrastructure, operations and finances, and overhaul the District’s accounting and reporting policies and practices for complete and accurate financial transparency. He has repeatedly opposed the reckless spending, unnecessary and costly litigation, and the denial of citizens’ public access to public records. Now that former General Manager Pinkerton is gone, the former Director of Finance has retired and the horrible attorney has been terminated, the new Board majority is getting things done.
Re-Elect MATTHEW DENT as our IVGID Trustee for continued progress driven by leadership, knowledge and experience!
#Misc
Oct 06, 2020 10:23:51am
Our Village Voice Supports the Election of Sara
Schmitz for IVGID Trustee!
Since Ms. Schmitz' appointment in January 2020 to complete a vacancy on the Board , Ms. Schmitz has impressed us with her strong 9 month record of initiatives and accomplishments. As Board Treasurer Trustee and a member of the Audit Committee she has demonstrated proven leadership, performance and commitment to improving our governance and our Community.
We encourage you to support this outstanding candidate and are publishing Sara's excellent letter to our voters on her achievements serving as an IVGID Trustee and her wide range of activities as a private citizen: Sara Schmitz' letter:
Dear Incline Village and Crystal Bay Voters,
It has been a privilege to serve as your Incline Village General Improvement District (“District”) Trustee since my appointment in January 2020. As my term is through the end of the year, I am running to retain my position and serve you for a full four-year term. I’m asking for your support and your vote in the upcoming election.
Out of a field of eight candidates, the Washoe County Board of Commissioners unanimously appointed me to fill the position vacated by former Trustee Phil Horan. In my presentation to the Commissioners, I stated that I would work to improve the financial accountability and transparency of the District. I have worked diligently to fulfill this commitment and to exercise leadership in finding solutions to your concerns and our District’s challenges.
To help encourage your family, friends and neighbors to also support my candidacy, I’ve included an outline of my accomplishments and work-in-progress:
1. The District has a new Audit Committee that will enable the Trustees and the District to increase financial oversight and transparency, improve internal controls and have a more actively engaged and effective Audit Committee. As Board Treasurer and a Member of the Audit Committee, I revised Policy 15.1 which governs the Audit Committee by following the guidelines from the Government Finance Officers Association (“GFOA”) and reviewing the templates provided by leading independent accounting organizations. These comprehensive changes, which were approved by the IVGID Board and supported by the General Manager and Director of Finance, enable the Audit Committee to effectively assist the Board with oversight of the District’s financial statements, its systems of internal controls, internal audit plans and the independent external auditor’s assessment of the annual District financial statements. Among the notable changes is the new composition of the Committee. Formerly composed of three Trustees, the Committee is now composed of two Trustees and three Board appointed at-large members. By leveraging the immense talent of our community members willing to volunteer their time, knowledge and experience, our Committee now has expertise in accounting, auditing, finance, business, utility infrastructure management, information technology and capital project management. Throughout this process, I worked collaboratively with our General Manager, Director of Finance and members of our community to obtain their input and buy-in.
2. Operating, Maintaining and Improving our Recreational and Beach Venues for the benefit and safety of our property owners and residents is of paramount importance to our community. I will continue to impress upon the Board the need to commit the fees we have collected to specific capital projects. One of my top priorities is to ensure the improvements and projects you support are funded and completed in a timely manner.
3. After years of unanswered questions, we currently have an independent accounting expert reviewing the issues to formulate recommendations. The results will strengthen our foundation for improving the District’s accounting and reporting policies and practices. I led the effort to conduct an independent review of the District’s current use of Special Revenue Fund accounting for the activities of the Community Services and Beach Funds; the practice of contra revenue accounting for punch card utilization at our Recreational venues and our Beaches; the policies and practices for capitalizing consultant studies and staff time; and the review of the District’s practice of central services cost allocations. Although these issues and concerns were brought to the attention of the former Audit Committee, they were not addressed.
4. As Board Treasurer, I worked with the Director of Finance to modify the District’s monthly financial reports to include ALL revenues and ALL expenditures. These efforts are a firm step forward in improving Board and Citizen oversight of our District’s Monthly Financial Performance. Prior to this change, all revenue and operational expenses were included while capital expenditures were omitted. The next step is to create these reports within the District’s financial transparency software tool OpenGov. As of today, OpenGov doesn’t provide complete nor comprehensive financial reports.
5. I am actively supporting all efforts to evaluate and potentially acquire new software that integrates budgeting, payroll and other functions that meet the needs and requirements of our Finance Department. This evaluation will benefit the District in terms of greatly reduced long-term costs, improved financial accuracy and greater confidence in the integrity of the District’s reports. While working with the Director of Finance, I learned that the District has been producing budgets and financial reports manually. This is time consuming and open to error. My background in Information Technology and Project Management makes me the best candidate to work with the District in selecting and implementing an integrated IT software solution.
6. The Conduct of Public Meetings and the Roles and Responsibilities of Trustees are of vital importance in ensuring the best government practices for our District. To improve existing Board policies and Handbooks, I revised Policy 3.1 “Conduct Meetings of the Board of Trustees” and the Trustee Handbook. Significant changes included clarifying the spending authority of the General Manager and the General Manager and Board’s role in matters involving litigation. In addition, my revisions to the Trustee Handbook to better define the roles and responsibilities of Trustees was approved by the Board of Trustees in June.
7. I have been actively supportive of all efforts to engage an industry expert to assist our Board and our Staff with the planning and implementation strategies to complete the rehabilitation or replacement of 6 miles of our failing effluent pipeline and the lining of the emergency effluent storage pond. I’m prepared to meet the substantial challenges our District faces in operating, maintaining, rehabilitating and providing funding for our $600 million water and sewer infrastructure.
My approach and philosophy as I work toward solutions:
1. I work collaboratively with all members of our Senior Staff and assist in providing needed resources and offering constructive solutions. I encourage proper training, compensation, respect and merit rewards for our full time, part-time and seasonal employees.
2. Trust but verify, ensures that I have all the facts to take the right actions and make the right decisions. I carefully review every item and all supporting material on every Board agenda. This includes proposals and contracts and sometimes, finding information that is not in the packets.
3. Communication! Communication! Communication! Feel free to call, email, speak to me at the post office, on a trail or at the beach with questions, concerns, critiques or even compliments and I will provide timely responses.
In addition to my work as a Trustee for the District, I have continued with other efforts to improve our Incline Village/Crystal Bay community. Some of my efforts include:
1. In January 2019, I founded Incline Village Crystal Bay Community 1st, a 501(c)3 non-profit organization led by a diversified group of dedicated Incline Village/Crystal Bay community members. We research, fact-find, and share objective information on matters important to our residents. We cover important public meetings, share highlights and produce an informative newsletter with a calendar of upcoming meetings.
2. To address the ongoing litter problem in our community, I collaborated with Washoe County and IVGID General Manager Winquest to obtain and install additional bear boxes on walkways.
3. For the safety and protection of pedestrians and bicyclists, I worked closely with Washoe County on a project that reduced the speed limit on Lakeshore Blvd. from 35 mph down to 25 mph.
4. Last winter I worked with Washoe County to have our walkway paths cleared of snow.
5. I am currently working with Washoe County to redirect trucks from Country Club to Mt. Rose Highway and SR 28. County Club has limited visibility, many driveways and is unsafe for downhill truck travel. Mt. Rose Highway is suited for heavy trucks with its ‘runaway truck’ ramp.
6. More recently, I began working with the Washoe County Sheriff’s Office on a program to remove abandoned cars from our community.
7. I’ve been a volunteer for Read with Me and the Boy’s and Girl’s Club at Incline Elementary School.
8. I participate in community clean-ups and other events that improve our community for all who live, work, invest and recreate here.
I greatly appreciate the support I have received from our Incline Village/Crystal Bay residents! I would be honored to have your vote for IVGID Trustee so that I can continue representing your interests for the next four years.
If you have any questions, please feel free to contact me.
Vote for Proven Leadership, Performance and Results!
Sincerely,
Sara Schmitz
Website: sara4IVGID.com Email: sara@sara4IVGID.com Mobile: 925-858-4384
#Misc
Since Ms. Schmitz' appointment in January 2020 to complete a vacancy on the Board , Ms. Schmitz has impressed us with her strong 9 month record of initiatives and accomplishments. As Board Treasurer Trustee and a member of the Audit Committee she has demonstrated proven leadership, performance and commitment to improving our governance and our Community.
We encourage you to support this outstanding candidate and are publishing Sara's excellent letter to our voters on her achievements serving as an IVGID Trustee and her wide range of activities as a private citizen: Sara Schmitz' letter:
Dear Incline Village and Crystal Bay Voters,
It has been a privilege to serve as your Incline Village General Improvement District (“District”) Trustee since my appointment in January 2020. As my term is through the end of the year, I am running to retain my position and serve you for a full four-year term. I’m asking for your support and your vote in the upcoming election.
Out of a field of eight candidates, the Washoe County Board of Commissioners unanimously appointed me to fill the position vacated by former Trustee Phil Horan. In my presentation to the Commissioners, I stated that I would work to improve the financial accountability and transparency of the District. I have worked diligently to fulfill this commitment and to exercise leadership in finding solutions to your concerns and our District’s challenges.
To help encourage your family, friends and neighbors to also support my candidacy, I’ve included an outline of my accomplishments and work-in-progress:
1. The District has a new Audit Committee that will enable the Trustees and the District to increase financial oversight and transparency, improve internal controls and have a more actively engaged and effective Audit Committee. As Board Treasurer and a Member of the Audit Committee, I revised Policy 15.1 which governs the Audit Committee by following the guidelines from the Government Finance Officers Association (“GFOA”) and reviewing the templates provided by leading independent accounting organizations. These comprehensive changes, which were approved by the IVGID Board and supported by the General Manager and Director of Finance, enable the Audit Committee to effectively assist the Board with oversight of the District’s financial statements, its systems of internal controls, internal audit plans and the independent external auditor’s assessment of the annual District financial statements. Among the notable changes is the new composition of the Committee. Formerly composed of three Trustees, the Committee is now composed of two Trustees and three Board appointed at-large members. By leveraging the immense talent of our community members willing to volunteer their time, knowledge and experience, our Committee now has expertise in accounting, auditing, finance, business, utility infrastructure management, information technology and capital project management. Throughout this process, I worked collaboratively with our General Manager, Director of Finance and members of our community to obtain their input and buy-in.
2. Operating, Maintaining and Improving our Recreational and Beach Venues for the benefit and safety of our property owners and residents is of paramount importance to our community. I will continue to impress upon the Board the need to commit the fees we have collected to specific capital projects. One of my top priorities is to ensure the improvements and projects you support are funded and completed in a timely manner.
3. After years of unanswered questions, we currently have an independent accounting expert reviewing the issues to formulate recommendations. The results will strengthen our foundation for improving the District’s accounting and reporting policies and practices. I led the effort to conduct an independent review of the District’s current use of Special Revenue Fund accounting for the activities of the Community Services and Beach Funds; the practice of contra revenue accounting for punch card utilization at our Recreational venues and our Beaches; the policies and practices for capitalizing consultant studies and staff time; and the review of the District’s practice of central services cost allocations. Although these issues and concerns were brought to the attention of the former Audit Committee, they were not addressed.
4. As Board Treasurer, I worked with the Director of Finance to modify the District’s monthly financial reports to include ALL revenues and ALL expenditures. These efforts are a firm step forward in improving Board and Citizen oversight of our District’s Monthly Financial Performance. Prior to this change, all revenue and operational expenses were included while capital expenditures were omitted. The next step is to create these reports within the District’s financial transparency software tool OpenGov. As of today, OpenGov doesn’t provide complete nor comprehensive financial reports.
5. I am actively supporting all efforts to evaluate and potentially acquire new software that integrates budgeting, payroll and other functions that meet the needs and requirements of our Finance Department. This evaluation will benefit the District in terms of greatly reduced long-term costs, improved financial accuracy and greater confidence in the integrity of the District’s reports. While working with the Director of Finance, I learned that the District has been producing budgets and financial reports manually. This is time consuming and open to error. My background in Information Technology and Project Management makes me the best candidate to work with the District in selecting and implementing an integrated IT software solution.
6. The Conduct of Public Meetings and the Roles and Responsibilities of Trustees are of vital importance in ensuring the best government practices for our District. To improve existing Board policies and Handbooks, I revised Policy 3.1 “Conduct Meetings of the Board of Trustees” and the Trustee Handbook. Significant changes included clarifying the spending authority of the General Manager and the General Manager and Board’s role in matters involving litigation. In addition, my revisions to the Trustee Handbook to better define the roles and responsibilities of Trustees was approved by the Board of Trustees in June.
7. I have been actively supportive of all efforts to engage an industry expert to assist our Board and our Staff with the planning and implementation strategies to complete the rehabilitation or replacement of 6 miles of our failing effluent pipeline and the lining of the emergency effluent storage pond. I’m prepared to meet the substantial challenges our District faces in operating, maintaining, rehabilitating and providing funding for our $600 million water and sewer infrastructure.
My approach and philosophy as I work toward solutions:
1. I work collaboratively with all members of our Senior Staff and assist in providing needed resources and offering constructive solutions. I encourage proper training, compensation, respect and merit rewards for our full time, part-time and seasonal employees.
2. Trust but verify, ensures that I have all the facts to take the right actions and make the right decisions. I carefully review every item and all supporting material on every Board agenda. This includes proposals and contracts and sometimes, finding information that is not in the packets.
3. Communication! Communication! Communication! Feel free to call, email, speak to me at the post office, on a trail or at the beach with questions, concerns, critiques or even compliments and I will provide timely responses.
In addition to my work as a Trustee for the District, I have continued with other efforts to improve our Incline Village/Crystal Bay community. Some of my efforts include:
1. In January 2019, I founded Incline Village Crystal Bay Community 1st, a 501(c)3 non-profit organization led by a diversified group of dedicated Incline Village/Crystal Bay community members. We research, fact-find, and share objective information on matters important to our residents. We cover important public meetings, share highlights and produce an informative newsletter with a calendar of upcoming meetings.
2. To address the ongoing litter problem in our community, I collaborated with Washoe County and IVGID General Manager Winquest to obtain and install additional bear boxes on walkways.
3. For the safety and protection of pedestrians and bicyclists, I worked closely with Washoe County on a project that reduced the speed limit on Lakeshore Blvd. from 35 mph down to 25 mph.
4. Last winter I worked with Washoe County to have our walkway paths cleared of snow.
5. I am currently working with Washoe County to redirect trucks from Country Club to Mt. Rose Highway and SR 28. County Club has limited visibility, many driveways and is unsafe for downhill truck travel. Mt. Rose Highway is suited for heavy trucks with its ‘runaway truck’ ramp.
6. More recently, I began working with the Washoe County Sheriff’s Office on a program to remove abandoned cars from our community.
7. I’ve been a volunteer for Read with Me and the Boy’s and Girl’s Club at Incline Elementary School.
8. I participate in community clean-ups and other events that improve our community for all who live, work, invest and recreate here.
I greatly appreciate the support I have received from our Incline Village/Crystal Bay residents! I would be honored to have your vote for IVGID Trustee so that I can continue representing your interests for the next four years.
If you have any questions, please feel free to contact me.
Vote for Proven Leadership, Performance and Results!
Sincerely,
Sara Schmitz
Website: sara4IVGID.com Email: sara@sara4IVGID.com Mobile: 925-858-4384
#Misc
Oct 08, 2020 8:03:26pm
Our Village Voice updated their status.
"Manipulators" in the IVGID accounting and finance departments keep misreporting data.
We have stated several times, that the IVGID Board of Trustees is allowing an accumulation of money far and above the appropriate levels required by their own Board Policies. At every Board meeting since early May, citizens spoke out that the excess accumulation which at June 30, 2020 was over $14 million must be committed to something, anything. Just commit it. Now anyone could have guessed, as the IVGID staff continues to subvert information, the actual fund balances at June 30, 2020, was $3.9 million MORE than estimated five weeks earlier. So the excess slush funds grew s to $17.9 million.
In May, the Board did allocate for fiscal year 2020-2021, $5.6 million for capital projects and $1.4 million for a mandated refund of property taxes to owners which was over charged in prior years. The EXCESSE slush now sits at $10.6 million hanging around uncommitted.
So those "Manipulators'" cannot seem to figure out how to estimate 5 weeks of revenues and expenses between May and June, when most recreational venues were closed. As a result IVGID ends up with an additional $3.9 million not known until last week. We are not talking about “chicken feed" here.
During the spring budget deliberations, Trustees Dent and Schmitz wanted a portion of the Facility Fees, paid by property owner, to be REFUNDED since most recreation venues were closed and services were not being provided. Throughout the summer, delay after delay came forth from IVGID staff and they finally suggested to the Board, that a measly $500,000 refund should be made but never informed the Board that an additional $3.9 million was found under a pillow somewhere in the Manipulators offices. A refund never happened and delay after delay was spent on deliberating how to deliver to each property owner this dynamic $65.00 per dwelling unit.
The Board of Trustees cannot make reasonable decisions on any matter when the BOOKS of IVGID are so distorted and reporting is so bad.
At several past Board Meetings, General Manager, Indra Winquest, promised to bring forth a spending plan for all of the excess money. Each board meeting he delayed a proposal until the next board meeting. At the last meeting he stated spending the excess money won't be on the agenda until after the election.
We hope that Trustees Dent and Schmitz will bring this up at the Board meeting on October 28, 2020 and ask that this staggering $10.9 million slush fund be either refunded or committed to something useful.
Dent and Schmitz do not make the Board agendas. The Chairman and GM decide. When the GM makes a statement that committing excess funds will be on a future agenda, but is not, there is not much Trustees can do about it. The agenda was set. Promises by the GM should not be made just to be broken.
#Accounting
We have stated several times, that the IVGID Board of Trustees is allowing an accumulation of money far and above the appropriate levels required by their own Board Policies. At every Board meeting since early May, citizens spoke out that the excess accumulation which at June 30, 2020 was over $14 million must be committed to something, anything. Just commit it. Now anyone could have guessed, as the IVGID staff continues to subvert information, the actual fund balances at June 30, 2020, was $3.9 million MORE than estimated five weeks earlier. So the excess slush funds grew s to $17.9 million.
In May, the Board did allocate for fiscal year 2020-2021, $5.6 million for capital projects and $1.4 million for a mandated refund of property taxes to owners which was over charged in prior years. The EXCESSE slush now sits at $10.6 million hanging around uncommitted.
So those "Manipulators'" cannot seem to figure out how to estimate 5 weeks of revenues and expenses between May and June, when most recreational venues were closed. As a result IVGID ends up with an additional $3.9 million not known until last week. We are not talking about “chicken feed" here.
During the spring budget deliberations, Trustees Dent and Schmitz wanted a portion of the Facility Fees, paid by property owner, to be REFUNDED since most recreation venues were closed and services were not being provided. Throughout the summer, delay after delay came forth from IVGID staff and they finally suggested to the Board, that a measly $500,000 refund should be made but never informed the Board that an additional $3.9 million was found under a pillow somewhere in the Manipulators offices. A refund never happened and delay after delay was spent on deliberating how to deliver to each property owner this dynamic $65.00 per dwelling unit.
The Board of Trustees cannot make reasonable decisions on any matter when the BOOKS of IVGID are so distorted and reporting is so bad.
At several past Board Meetings, General Manager, Indra Winquest, promised to bring forth a spending plan for all of the excess money. Each board meeting he delayed a proposal until the next board meeting. At the last meeting he stated spending the excess money won't be on the agenda until after the election.
We hope that Trustees Dent and Schmitz will bring this up at the Board meeting on October 28, 2020 and ask that this staggering $10.9 million slush fund be either refunded or committed to something useful.
Dent and Schmitz do not make the Board agendas. The Chairman and GM decide. When the GM makes a statement that committing excess funds will be on a future agenda, but is not, there is not much Trustees can do about it. The agenda was set. Promises by the GM should not be made just to be broken.
#Accounting
Oct 21, 2020 11:57:39am
Our Village Voice updated their status.
IVGID's Recreation Venues capital plan for fiscal 2020-2021
We thought it might be a good idea to give a recap of how IVGID intends on spending money for capital projects in this fiscal year which will ends next June.
Historically, IVGID is not very good at spending what is budgeted and projects are always delayed and carried over from one year to the next. Last year $2.9 million was not completed. It could be said they are slow on their feet and the construction season gaps two fiscal years.
This year the budget is $6.6 million for 78 different projects or purchases which includes last year's uncompleted projects.
Some of the largest are below:
• $1,045,000 to refurbish the Tennis Center building
• $794,000 to purchase 21 pieces of equipment of which $280,000 is for 2 new shuttle buses at Diamond Peak
• $700,000 for improvements to the Champ Golf Course Maintenance Building
• $535,000 for new ski and snowboard equipment rentals – postponed from last year.
• $492,000 for new golf carts at both courses – Mountain course has been delivered.
• $387,000 for various paving projects
• $365,000 for Diamond Peak Lift improvements – largest is Crystal Express
• $337,000 for Diamond Peak software and staff uniforms
• $225,000 for the new Burnt Cedar Pool design – not adequate
• $90,000 for new golf driving range nets
Other projects which will probably NOT be started or completed
• $545,000 for reconstructing Skiway and the Diamond Peak parking lots – not needed for at least 3 years.
• $268,000 upgrades to Recreational Center lobby restrooms and elevator
• $80,000 for design of a new website.
The remaining $700,000 are for 23 odds and ends at the venues.
As stated many times before, there remains over $10.6 million of excess funds which have not been allocated for anything. Anyone have any ideas?
#Misc
We thought it might be a good idea to give a recap of how IVGID intends on spending money for capital projects in this fiscal year which will ends next June.
Historically, IVGID is not very good at spending what is budgeted and projects are always delayed and carried over from one year to the next. Last year $2.9 million was not completed. It could be said they are slow on their feet and the construction season gaps two fiscal years.
This year the budget is $6.6 million for 78 different projects or purchases which includes last year's uncompleted projects.
Some of the largest are below:
• $1,045,000 to refurbish the Tennis Center building
• $794,000 to purchase 21 pieces of equipment of which $280,000 is for 2 new shuttle buses at Diamond Peak
• $700,000 for improvements to the Champ Golf Course Maintenance Building
• $535,000 for new ski and snowboard equipment rentals – postponed from last year.
• $492,000 for new golf carts at both courses – Mountain course has been delivered.
• $387,000 for various paving projects
• $365,000 for Diamond Peak Lift improvements – largest is Crystal Express
• $337,000 for Diamond Peak software and staff uniforms
• $225,000 for the new Burnt Cedar Pool design – not adequate
• $90,000 for new golf driving range nets
Other projects which will probably NOT be started or completed
• $545,000 for reconstructing Skiway and the Diamond Peak parking lots – not needed for at least 3 years.
• $268,000 upgrades to Recreational Center lobby restrooms and elevator
• $80,000 for design of a new website.
The remaining $700,000 are for 23 odds and ends at the venues.
As stated many times before, there remains over $10.6 million of excess funds which have not been allocated for anything. Anyone have any ideas?
#Misc
Oct 23, 2020 2:51:51pm
Our Village Voice updated their status.
WONG vs. IVGID Audit Committee
At the last Board of Trustees meeting, Kendra Wong, chair of the previous Audit Committee, criticized some members of the current Audit Committee.
Is it because they are uncovering financial irregularities and lack of internal controls that should have been noted on HER watch?#
#Misc
At the last Board of Trustees meeting, Kendra Wong, chair of the previous Audit Committee, criticized some members of the current Audit Committee.
Is it because they are uncovering financial irregularities and lack of internal controls that should have been noted on HER watch?#
#Misc
Mar 13, 2022 8:13:38am