Trails plan tried at private property forum

January 11, 2003

Ribbons of controversy: Gordon Gregory points out trails he wants
removed from the "dream map" of proposed trails during a meeting Thursday at
the CVIC Hall.--Shannon Litz

by Regina Purcell, Staff Writer
The Record-Courier
Serving Douglas County since 1880

Socialism: A social system based on collectivism, which is ownership and
control of a governing system by the people involved in it.

Prompted by a huge community outcry, Douglas County agreed to remove all
proposed trails on private property.

The decision was announced during a workshop Thursday at CVIV Hall in
Minden. The event was attended by property owners with proposed trails on
their private land on a "dream map," from the Comprehensive Trails Plan.

More than 300 people, a majority ranchers and farmers, attended the
workshop, which was not very constructive as the event turned into a forum
for protection of private property rights and a call against socialist
government tactics.

"We don't want to fight even though people are saying, 'This is fighting
stuff,"' said Mimi Moss, Douglas County planning and economic development
manager.

Vic Buron passed out a three- page plan against the county's proposed trails
plan. He interrupted the forum many times to holler "socialism," and said
the plan is a "bad idea."

"We are not going to stand for bureaucracy with a socialism intent," he
said.

The Comprehensive Trails Plan is a requirement of the Douglas County 1996
Master Plan. Last fall, the county hosted two workshops to start a "dream
map" of off-road recreational trails, getting input from outdoor
enthusiasts.

From Topaz Lake to Lake Tahoe, including the Pine Nut Mountains, Carson
River Valley and the Sierra Nevada in between, the trails plan identifies
trailheads and linkages to provide the safest routes for outdoor off-road
opportunities.

The initial dream map had trails going over private property and the
attendees Thursday were not in favor. When asked how many in attendance were
against public trails on private property, nearly everyone in the room stood
up.

"So far, 100 percent of property owners are saying, 'No way. No way'" do
they want recreational trails on their private land, said Moss.

Moss cautioned the Comprehensive Trails Plan will be approved by the county
and that input into acceptable trails is needed too.

"This is your plan," she said. "If you do want a bike trail on Centerville
Lane, let us know.

"It is important for you to stay on top of what's happening."

Attendees were also opposed to trails along the Walker and Carson rivers.
The final Comprehensive Trails Plan will take between five and 20 years to
complete. Douglas County Commissioner Jacques Etchegoyhen said, while he
would vote against any proposed future subdivision along the Carson River,
if it was ever approved, he would want a trail system in place.

"We need to get back to reality," he said. "There may be room for some
trails along existing roadways and (the county) can say, we'd like to buy 8
feet" of private property to accommodate a new trail.

The Douglas County Planning Commission will host a public hearing and
workshop on the trails plan at 1 p.m. Tuesday at the county administration
building, 1616 8th St. in Minden.

In addition, the Carson Valley Trails Association will discuss the trails
plan at its meeting at 6 p.m., Monday, Jan. 13, at David Walley's Hot
Springs & Spa in the gazebo.

Regina Purcell can be e-mailed at rpurcell@recordcourier.com

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Tahoe Basin residents more receptive to trails plan

by Regina Purcell and Jeff Munson, R-C News Service
The Record-Courier
Serving Douglas County since 1880

January 11, 2003

There was a different tone than at meetings held earlier this week for
discussion of the Comprehensive Trails Plan.

Residents at the Lake Tahoe Basin spoke favorably about the plan at the
Douglas County Parks & Recreation Commission meeting Wednesday.

Two Carson Valley ranchers urged parks and recreation officials to scrap the
process and start over again.

However, several Lake Tahoe Basin residents who attended the meeting at
Kahle Community Center said they were pleased with the mapping so far and
encouraged more work on connecting trails and trail heads to several vistas
above and around the lake.

>From Topaz Lake to Lake Tahoe and the Pine Nut Mountains, Carson River
Valley and the Sierra Nevada, the trails plan identifies trailheads and
links to provide the safest routes for outdoor off-road opportunities.

County officials reiterated the initial trail map proposal is merely a wish
list drawn up by people attending workshops last fall.

South Shore resident Charles Nelson wants to see more, not fewer trails in
the Tahoe region and Carson Valley, including along both forks of the Carson
River.

"At least get it on the master plan," Nelson said.

Trails are identified from Stateline to Glenbrook and Zephyr Cove. Some
access, especially near Glenbrook, run sthrough private property.

"There's existing trails from Glenbrook to Spooner, but you run into a
fence," said Nelson, an avid Tahoe hiker.

Trail advocate Mary Bennington said there was enough input from known users
to map out some existing trails.

"I'd like to commend Douglas County for this. The philosophy behind it is
great," South Shore resident Dave Hamilton said.

Skeptics to the plan argued the county ought to start over again.

Carson Valley resident J.B. Lekumberry called the plan "a magic brush" that
spreads out over more than 400 pieces of private property. He said the
county should sketch out maps that don't go through private property.

Carson Valley ranchers Kathy and Doug Hone concurred, adding they do see
where there is room for compromise, but that trails advocates and ranchers
need to work together.

Bennington, who spoke on behalf of the Washoe Tribe, said the tribe is
opposed to any hard surfaces that would interfere with irrigation or
restrict the river's natural course.

The Parks and Recreation Commission hosts another public hearing on the
trails plan at 6 p.m., Wednesday, Feb. 5, at the Douglas County Senior
Center.

-- Regina Purcell can be e-mailed at rpurcell@recordcourier.com

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January 11, 2003

SGI lawsuits add up

by Regina Purcell, Staff Writer
The Record-Courier
Serving Douglas County since 1880

Two new lawsuits were filed against Douglas County and members of the
Sustainable Growth Initiative Committee.

On Thursday, Aspen Park LLC and Chichester Estates filed suit alleging they
have development agreements with the county and should not be included in
any growth-limiting process.

The Sustainable Growth Initiative limits the number of new dwelling units in
the county to 280 per year. It was voted into law during the Nov. 5 general
election, and upheld by the Nevada Supreme Court Dec. 17.

The Supreme Court ruled the initiative is legal as a broad policy and not
administrative in nature. The court also overruled the 1978 Foreman law
regarding due process and the public hearing procedures, and threw out the
ruling that changes to zoning policy were administrative.

However, a temporary restraining order against implementation of SGI was
issued by Judge Michael Gibbons of the 9th Judicial District Court on Nov.
7. A trial on a permanent injunction is scheduled for Feb. 11. The
plaintiffs in that case, Minden-based Jumpers LLC and Century 21 Clark
Properties filed the temporary restraining order.

Both new lawsuits name Douglas County and unidentified proponents of SGI.
The total list of defendants haven't been identified but could include
committee members John Garvin, Judy Sturgis, Gary Pyle, James Slade and
Patricia A. McKay-Timm.

Aspen Park has had a development agreement with the county since 1995 for
the Aspen Mobile Home Park, 138 homes at the west side of Centerville Lane.

That suit alleges SGI is unconstitutional and says the company cannot
continue to sell mobile homes without assurance building permits will be
issued by the county.

Chichester Estates' development agreement with the county has been in effect
since 1994 for 987 units in Gardnerville. That suit also alleges SGI is
unconstitutional and detrimental to the business.

Chichester Estates, which has provided numerous infrastructure improvements
to its property as part of the development agreement, also seeks a
preliminary and permanent injunction against SGI.

Regina Purcell can be e-mailed at rpurcell@recordcourier.com

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January 11, 2003

SGI lawsuit tally

by Regina Purcell, Staff Reporter
The Record-Courier
Serving Douglas County since 1880

Douglas County, Nevada - The following are pending lawsuits related to the Sustainable Growth
Initiative voted into law and upheld by the Nevada Supreme Court.

The initiative limits the number of new dwelling units per year in Douglas
County to 280. Currently, there are nearly 500 pending applications for
building permits in the county.

The issue is still at the Supreme Court level because the plaintiffs in that
case, Nevada Northwest LLC, can request a rehearing on the matter.

If Nevada Northwest does not request the rehearing, the case will be sent
back to District Court.

Nevada Northwest received approval in November 2001 to build a casino in
Minden that will include more than 300 housing units.

* A Feb. 11 trial is set in Department Two of the 9th Judicial District
Court in Minden to decide on a permanent injunction in enforcing SGI.

The trial is for the original temporary restraining order case filed by
Minden-based Jumpers LLC and Century 21 Clark Properties, which filed a
temporary restraining order hours after Douglas County Commissioners
canvassed the votes from the general election.

Jumpers LLC is the developer of the 31 townhomes behind Arco in North Minden
approved Oct. 3 by the Douglas County Commission.

* On Dec. 12, Judge Michael Gibbons granted a motion to consolidate the
Jumpers/Century 21 lawsuit with a suit filed by Carson Valley-based
developers, the Douglas County Building Industry Association, Aurora Land
LLC and Merrill Construction.

* On Dec. 19, Minden-based Syncon Homes filed a lawsuit that alleges it has
a development agreement with the county and should not be included in any
growth-limiting process. Whether that suit will also be consolidated with
the others has yet to be determined.

Syncon has had a development agreement with the county since 1992 for
Sunridge Heights, 250 residential units off Mica Drive in north Douglas
County, and a 1992 agreement for Valley Vista Estates, a 261-unit
development in Indian Hills.

The court has yet to rule on the following motions:

* Douglas County asked that additional issues be addressed: whether the
magic 280 number applies to affordable housing projects under Title 20; if
it affects development agreements and what exactly is a dwelling unit; and
whether it applies to time share properties.

* A motion filed by Douglas County to limit the scope of materials the judge
uses from the portions of the SGI opposition motion for the preliminary
injunction.

* A motion by Jumpers LLC to add an additional plaintiff, Dr. Jay Marriage,
and to amend its complaint to include additional causes to the case

* A Douglas County, and a DCBIA request to make a ruling on a cited
California case law request that SGI is not consistent with the county's
Master Plan.

* A motion from the SGI Committee to recover legal costs associated with
litigation in the Supreme Court.

Regina Purcell can be e-mailed at rpurcell@recordcourier.com

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Ag reps converge on water conveyance

 

January 8, 2003

by Regina Purcell, Staff Writer
The Record-Courier
Serving Douglas County since 1880

Douglas County, Nevada - The zeal outdoor enthusiasts have for Douglas County's Comprehensive Trails
Plan is not shared by many ranchers, farmers and other property owners.

It was standing room only at the Water Conveyance Advisory Committee meeting
Monday as ranchers and farmers took issue with the proposed recreational
trails on their privately owned land.

An agenda item for the proposed Comprehensive Trails Plan map was listed for
the Douglas County Community Development to get input from the water
conveyance committee.

"I propose we put a (trail) line on every piece of property in the county
because you put it on mine," said Fred Stodick, a Carson Valley rancher.

The committee met at the Douglas County Community Development department in
a small room that could not contain the approximately 50 people in
attendance.

Most complaints involved the expected disruption of agricultural operations
from scaring cattle to marking up the fragile ecosystem of wetland areas.
Many property owners voiced concern strangers would trample on their land
and leave garbage and destruction behind.

The lone voice in the crowd defending the proposed trails map, Jackie
Stroud, said the problem outdoor recreationists face is access to ideal
trails.

"People throw trash whether it is your property or along the highway," she
said. "People take pride in clean-up days. It could be a place where kids
can learn about the ecosystem.

"Positive things could happen."

The crowd did not see things her way.

"No one told me quite how contentious this would be," said Matthew
Alexander, senior planner for Douglas County, who has spearheaded the
efforts. He said 343 property owners have been notified about a meeting
tomorrow to discuss the issue.

Alexander told the crowd Monday new residents who purchase half-acre parcels
are frustrated because they have to trailer horses to take to Bureau of Land
Management land to ride.

"So what," hollered many of the people in attendance.

"With 67 percent of this state public land, what is the rationale to place
(trails) on private land?" asked Kathy Hone, who raises cattle on Mottsville
Lane.

Mimi Moss, county planning and economic development manager, said the
proposed trails plan is a "dream map" at this point. She added the county
has no funding source to complete the plan at this time.

"Why would you have a dream map for trails in areas that are resisting
development?" asked Richard Oen.

"People drew dream trails. We don't like it. We want to erase it and move it
over one mile," landowner Dan Hickey said. "Let my neighbor fight it."

The county hosted public forums and workshops late last year to meet a
Master Plan requirement for trails in Douglas County.

Hikers, bikers, equestrians and off-road vehicle enthusiasts participated as
did community groups, such as the Tahoe Rim Trail Group and the Carson
Valley Trails Association.

"A lot of people didn't see notice of the workshop," Hickey said. "If we get
violent or loud it might change your perspective."

The final Comprehensive Trails Plan will take between five and 20 years to
complete, Alexander said.

The draft plan will go before the Douglas County commissioners in February
during hearings for the Master Plan amendments and could be included in a
future Capital Improvements Plan.

Carson Valley residents who own property recommended for future recreational
trails are invited to a public hearing at 6:45 p.m., Thursday, Jan. 9, at
the CVIC Hall, Minden.

>From Topaz Lake to Lake Tahoe, including the Pine Nut Mountains, Carson
River Valley and the Sierra Nevada in between, the trails plan identifies
trailheads and linkages to provide the safest routes for outdoor off-road
opportunities.

Representatives from the BLM, responsible for land east of Carson Valley,
and the U.S. Forest Service, with land west of the area, provided input
about setting up trails on federal lands.

In addition, the Carson Valley Trails Association will discuss the trails
plan at its meeting at 6 p.m., Monday, Jan. 13, at David Walley's Hot
Springs & Spa in the gazebo.

The Douglas County Planning Commission will host a public hearing and
workshop on the trails plan at 1 p.m. Tuesday, Jan. 14, at the county
administration building, 1616 8th St., Minden.

In other business, the committee:

* Reviewed the Cottonwood Slough Relocation Project, located behind the
Kentucky Fried Chicken in south Gardnerville with Rob Anderson of Anderson
Engineering. They agreed to continue reviewing the project, according to
committee consultant Arlen Neal.

* Approved a tentative parcel map to divide a 72.54-acre parcel into three
parcels at 2939 Highway 395, presented by Theodore Stokes.

* Postponed review of a tentative parcel map to replace a 6-inch existing
steel irrigation pipe at 1250 Foothill Road, submitted by Linda Bartlett.

* Accepted modifications to the Arbor Gardens ditch in south Gardnerville.
Neal said the subdivision realigned the water flow to a different culvert.

* Accepted the ditch mapping project, completed by Neal, that details
locations of Carson Valley's 10,000 or so ditches.

* Accepted the annual report, with "flying colors," Neal said.

The committee meets next at 4 p.m., Monday, Feb. 3, at the Douglas County
Community Development Department at the Minden Inn.

Regina Purcell can be e-mailed at rpurcell@recordcourier.com