2022 Ordinance 7 (Recreation Privileges) Revisions

2022 ORDINANCE 7 Revisions

A Brief History of Recreation Privileges (IVGID Ordinance 7)

In 1965, Washoe County added public recreation to IVGID’s powers. In 1968, IVGID issued $2,685,000 in revenue bonds for the acquisition of Burnt Cedar and Incline Beaches ($2.1 million) with the balance to be used to pay the first year’s interest, establish a bond reserve fund, and pay the costs incurred in connection with the issuance of the bonds. Since that time, updates have been made to the policies that govern recreation privileges and beach access for parcel owners, tenants, occupants of motels and hotels, and guests. View of a summary of these revisions through the years at https://bit.ly/ord7history.

The District General Manager’s Committee On Ordinance 7

One of the concerns of Incline Village parcel owners is that IVGID’s restricted-access beaches have become overcrowded at times, especially during peak summer. To address this and the District's safety and operational concerns of increasing beach utilization, the District’s General Manager developed and implemented a District General Manager’s Committee on Ordinance 7 (the Committee), and furthermore asked the Committee to discuss potential revisions to Ordinance 7 related to maintaining the IVGID restricted-access beaches for the recreational use and benefit of the parcel owners and their tenants, and as the Board of Trustees may determine, the guests of such property owners, as stated in the beach deed. The Committee consisted of community members, from various backgrounds, an IVGID Trustee as well as applicable Staff. Additionally, at the recommendation of the Committee, and upon approval by the Board of Trustees, IVGID hired outside special legal counsel to review recommendations for revisions, serve as a guiding resource for the Board of Trustees during deliberation over the potential revisions to Ordinance 7, as well related policies and historical practices. The Committee began meeting in September 2020. The primary focus was on beach utilization, commercial operations, guest access, and, most importantly, to remain in compliance with the beach deed. During the first few months, the Committee reviewed and discussed a tremendous amount of historical information and data. IVGID hosted three (3) Virtual Community Forums about the Committee’s work. All three of these virtual forums featured the same presentation by the District General Manager and the members of the Committee, followed by live questions and answers from forum participants. You can view a PDF of the presentation that was presented at each of the three forums at https://bit.ly/ord7presentation.

Parks&Rec

To get a better understanding of the community’s thoughts and concerns around Recreation Privileges and Ordinance 7, the District conducted a community survey, open to Incline Village and Crystal Bay parcel owners from June 30, 2021 to July 27, 2021. Over 2,200 responses were collected and authenticated during that process. The full results can be found on the District General Manager’s Committee on Ordinance 7 webpage: https://bit.ly/ord7committee. The community’s feedback was evaluated by the Committee and incorporated into the recommendations to the IVGID Board of Trustees. The Committee wrapped up their final recommendations for the IVGID Board of Trustees in April 2022. You can find links to all of the meeting agendas and minutes from the Committee at the link above. The District General Manger presented the recommendations formulated by the Committee at the April 13, 2022 IVGID Board of Trustees meeting and subsequently set a public hearing for potential adoption of revisions to Ordinance 7 for May 26, 2022. The Board of Trustees continued their deliberations over the potential revisions at their April 27 and May 11, 2022 Board of Trustees meetings. After the public hearing on May 26, 2022, the Board of Trustees formally adopted revisions to amend Ordinance 7 making all revisions effective beginning June 1, 2022.

Highlights of 2022 Ordinance 7 Changes

Following are the Ordinance 7 - an Ordinance establishing rates, rules and regulations for IVGID Recreation Passes and Recreation Punch Cards by the Incline Village General Improvement District (informally known as recreation privileges) - summary of changes that are effective June 1, 2022:

1) Beach Access Privileges

• An IVGID Picture Pass Holder. • A parcel owner, tenant, or guest holding a Recreation Punch Card Recreation Punch Card with a sufficient remaining balance on it to cover the entire cost of the guest beach access fee. • A guest who accompanies an IVGID Picture Pass Holder at the beach gate (with a limitation as to the total number of guests per day per parcel described in 6. below).

2) Beach Fee Payment

• An IVGID Picture Pass Holder may pay for their guest(s) by credit card or by the use of a Recreation Punch Card, with a sufficient balance to cover the entire guest beach access fee(s). Cash is not accepted at the beach gates. An access fee is not charged for the IVGID Picture Pass Holder, only for 16 | IVGID Quarterly Incline Village General Improvement District Continued on page 18

their guest(s). An IVGID Picture Pass or Recreation Punch Card must be presented at the beach gate (physical or electronic versions are permitted). • An IVGID Recreation Punch Card holder is required to pay of the full amount of the guest beach access fee for each guest using the

Recreation Punch Card. Therefore, the Recreation Punch Card must have a sufficient balance to cover all guest fees. When a Recreation Punch Card’s value has been used in its entirety, it may not be reloaded. Recreation

Punch Cards are non-transferable other than to the guest of a parcel owner.

3) Number of Passes Per Parcel

Each residential parcel/dwelling unit is eligible for a combination of up to 5 IVGID Picture Passes and/or Recreation Punch Cards. In addition, each residential parcel/dwelling unit is eligible to purchase up to a maximum of 5 additional passes/cards, of which a maximum of 3 additional Recreation Punch Cards (that cannot be used at the golf courses) and/or up to 3 additional IVGID Picture Passes (that cannot be used at the golf courses and cannot be used for guest access to the beaches) can be purchased for qualified family members within the Family Tree (Exhibit to the Ordinance) of the parcel owner residing at the property - it is a Picture Pass for the cardholder only. The maximum proposed number of passes per residential parcel/dwelling unit is limited to 10.

4) Occupants of Hotels/Motels

Occupants of hotels/motels: Occupants of hotels/motels shall be provided access to the beaches consistent with the terms of the Beach Deed subject to District administrative rules and regulations which shall include a verification process. This process, at a minimum, shall include payment of an occupant fee. Access shall be limited to occupants of the hotel/motel. The District has the authority to reasonably regulate access to the beaches by occupants of hotels/ motels. The occupant fee is payable via punch card or credit card only, by the hotel/motel owner. Guest fees are approved by the Board of Trustees annually and are subject to change.

5) Watercraft Launching

Boat/Watercraft launching is for valid IVGID Picture Pass holders or Recreation Punch Card holders for recreational use of such holders, and not for commercial use. The Beach Deed does not allow for commercial use of the beaches and a third-party launching service, provided to IVGID Picture Pass or Recreation Punch Card holders, is not considered a commercial use. All guest and launch fees are to be paid either by: • IVGID Picture Pass holders may pay by credit card or a balance remaining on the Punch Card(s). • Recreation Punch Card Holders must pay with funds on the Punch Card(s).

6) Number of Guests Allowed

The total number of guests allowed access to each beach, by accompanying all IVGID Picture Pass holder(s) from one parcel, per day, is limited to a total of 15 guests per beach, per parcel, per day. Parties over 15 for any given parcel requires a group reservation to be approved, in advance, by IVGID's Parks & Recreation Department. The applicable guest fee will be charged to each guest at each beach.

7) Unbuildable Lots

Unbuildable lots are not eligible for recreation privileges. For the unbuildable lots with privileges as of June 1, 2022, they will be allowed to continue to be eligible for recreation privileges until such time the property is sold, transferred, or until the death of the owner(s).

8) Definition of "Guest"

"Any person invited by an Owner of a parcel with beach access to use the Districtowned beaches. A property owner or its assignees, including guests, can use the beaches for recreation purposes only and cannot sell access to the beaches or receive compensation for access to the beaches." [Reference paragraph 29 from Ordinance 7.]

9) Parcels with Multiple Owners

Any parcel/dwelling unit that is owned by multiple owners or that is held in the name of an entity (an LLC, corporation, etc.), must designate, on an annual basis, one person to authorize the issuance of recreation privileges for the parcel.

10) Other Important Changes

• Stronger sanctions for misconduct, which can include suspension of

Recreation Privileges for up to two (2) years. • A more detailed list of activities that constitute misconduct. • Specific requirements for parcel owners to be responsible for the actions and damage caused by their tenants and guests. • Recreation Punch Cards are proposed to only be transferable to a tenant or a guest of the parcel owner to whom the Recreation Punch Card has been issued and cannot be given to other owners for their guests. • The Family Tree has been updated to add registered Domestic Partners and their children. • There is a requirement that all Picture

Pass holders under the age of 18 must obtain an updated photo every three (3) years. This is to ensure the IVGID

Picture Pass holder is recognizable. • Daily use and/or exchange passes are eliminated. • The ordinance itself is undergoing updating to reflect all the changes made. It will be posted in accordance with Paragraph 4 of the ordinance as well as in multiple places of the

District’s website. Should any person request a copy of the ordinance, please have them send an e-mail to info@ivgid.org so as to request a copy of the ordinance be emailed to them once it is finalized. Putting “Ordinance 7” in the subject line would be appreciated.