Sparks fly again in Washington, Brittany Retherford, September 1, 2005
49er firehouse to host Nevada County management, Union Staff, August 24, 2005
Police whack weed operation, Trina Kleist, August 24, 2005
Fire Plan's progress available online, Trina Kleist, August 20, 2005
Grass Valley gets $1.5M for loans, The Union Staff, August 18, 2005
Judge John Darlington announces retirement, Trina Kleist, August 18, 2005
96% of high schoolers pass exit exam, Brittany Retherford
Penn Valley flume to be replaced, Dave Moller, August 12, 2005
Search on to replace judge, Trina Kleist, August 12, 2005
County fined $574,000, Dave Moller, August 12, 2005
Count: 162 lack homes, Becky Trout, August 4, 2005
Sparks fly again in Washington
Brittany Retherford
Staff writer
Lyla Tracy’s election to the Washington Water Board almost three years ago may have been a major victory for those seeking change for the town’s fire department, but for her opponents, it has been nothing but a headache.
Now, Tracy, whose board makes decisions on the area’s water supply and volunteer fire department, faces a recall election spearheaded by angry ousted board members and their relatives, who are accusing her of causing trouble and breaking laws.
Tracy sees the situation as a backlash by those who formerly called the shots for the fire department, whose training and equipment quality were critized by a 2004 audit that led to a “state of emergency” declaration by county officials.
“Basically (the recall) is sort of retaliation,” she said. “(The water board) had been a closed club for about 20 years; they would only appoint their friends.”
With her election to the board in November 2002, she said, “I kindof threw a wrench in their monkey.”
Gene Godfrey, a proponent of the recall election, said he believes that Tracy and the others who joined the board in recent years — Judi Stewart and Debbie Shipley — have just tried to divide the town.
“Since they took over the fire board they have ripped this town apart from one end to the other,” he said.
The five-member water board has seen more than its share of drama in recent years. Volunteer fire department Chief Mervin Lee was dismissed by the panel last summer, and about half of the firefighters walked out during a subsequent board meeting.
“These three women have got an animosity toward Mervin Lee,” Godfrey said. Godfrey and his wife, Jean-ne have been active in the water and fire community for almost 20 years, Jean-ne as a member of the water board for 16 years and Gene as the fire chief who preceded Lee.
He now charges the newly revamped board with breaking by-laws and holding secret meetings. He also alleges that they have mismanaged money, saying that $28,000 is unaccounted for in the annual budget and that the board’s family members are being appointed to jobs for which they are not fully qualified.
One example, he said, was the appointment of Mike Stewart as interim fire chief. Stewart has been an engineer with Nevada County Consolidated Fire District for 18 years.
“Judith Stewart appointed her son for one year; he is a good trainer, but he is not fire chief quality,” he said.
Others are worried that this recall attempt signals the beginning of a takeover by past board members.
“We feel, justifiably, that there is a plan to overcome the whole board,” said Karl Stewart, the husband of board president Judith Stewart.
Tracy defends the decisions made by herself and the new board, saying she feels she is a victim of “incorrect accusations” and an attempt by former board members to regain control.
“I think they are just angry with me,” she said, adding “they are also afraid of what we might find out; there were very serious illegalities (done in the past).”
She said that the ousted fire chief had put the district in serious danger by misrepresenting the status of the equipment, as well as his own training certifications. His emergency medical technician certification had expired nine years earlier, she said.
An audit by the California Department of Forestry and Fire Protection in July 2004 also revealed that the volunteer fire department’s gear was not up to snuff and inadequate to respond to basic medical calls and emergencies and subsequently, a state of emergency was declared by the Board of Supervisors.
But Tracy said those days are over and the new board is just trying to move forward and do a good job.
“We are not trying to dig up dirt,” she said.
Ted Owens, the area’s representative on the Nevada County Board of Supervisors, commended Tracy for the changes she has helped make.
“She has taken on a great deal of initiative to pull the board into state compliance where it was not before,” he said, attributing most of the conflict to a resistance to change.
“I think that Washington’s personality is that they like to be left alone up there,” he said. “It is a battle of the old way versus the new one. I hope that the recall fails because I think of what tremendous job she has done.”
To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.
49er firehouse to host Nevada County management
The Union staff
Nevada County plans to move its facilities management crew into the old 49er firehouse, Chief Information Officer Steve Monaghan said recently.
The county finalized purchase of the $400,000 former firehouse on Highway 49 in June. The county obtained the property from Nevada County Consolidated Fire District, which had considered selling the property to a commercial business. Nevada City nixed that idea, however.
Now, county workers are rehabilitating the structure before the 12- to 15-person department moves in, Monaghan said.
The move is part of an effort to vacate the Health Education and Welfare complex on Nevada City's Willow Valley Road.
The HEW building, formerly a hospital, is more than 140 years old and contains asbestos, Monaghan said. It would be more costly to remodel the building than to construct another one, he said.
- Becky Trout
Ten pounds of pot seized
Trina Kleist
Staff writer,
August 24, 2005
A mother-son pot operation discovered south of Sherwood Forest was preparing to ship $40,000 of carefully processed marijuana to Southern California, Nevada County Narcotics Task Force Sgt. Bill Evans said Tuesday.
The arrests Friday afternoon of Martha Singer, 49, and Johnathan Singer, 34, marked the start of the area’s marijuana harvest, which goes into full swing in October. Marijuana is considered by some to be the state’s most-valuable cash crop.
Deputies raided a rented property on the 14000 block of Auburn Road after a helicopter patrol spotted a large marijuana plantation there, Evans said. Deputies discovered 119 plants at various stages of the growing cycle, including plants ready to be harvest. The Singers told investigators the property owner did not know about their activities.
In addition, deputies found the Singers with two new canvas duffle bags stuffed with 10 pounds of trimmed marijuana buds, called “colas.” The long, fat buds were packaged in self-sealing sandwich bags and then vacuum-sealed into heavy plastic. The packaging included different sales-ready sizes including one-eighth ounce and one-quarter ounce bags.
Evans estimated the street value of the packages at about $40,000.
The Singers told investigators they were heading for the Los Angeles area. They had moved to Nevada County from the Culver City area around April, Evans said.
The style of the packaging “tells me they were major distributors for Los Angeles,” Evans said.
The Singers were booked into Wayne Brown Correctional Facility on suspicion of possession for sale. Each posted a $1,000 bail bond on a $10,000 bail later the same day, a jail official said.
“The son was back at the residence while we were still working on the evidence,” Evans said.
The pair does not appear to be connected to Mexican cartels known to be operating in Northern California, Evans said.
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Useful Links |
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For more information about medical marijuana laws and growing
guidelines, information may be found at: |
The Singers had five medical marijuana recommendations, of which three were
found to be valid, Evans said.
Voters approved Proposition 215 in 1996 to allow people to grow and process a
limited amount of marijuana if the weed is recommended by a doctor. Before its
use was banned by the federal government in 1937, the American Medical
Association listed scores of medical conditions that cannibis can be used to
treat, according to the Website of expert witness Chris Conrad. Its most
well-known use is to relieve the nausea of chemotherapy treatments.
State regulations offer suggestions for what can be considered medically
necessary amounts for personal medical use; each county sets its own
guidelines for law enforcement purposes, Evans said.
In Nevada County, the guidelines allow at most 10 plants or two pounds of
processed marijuana, Evans said.
But a well-cultivated plant can yield more than four pounds of useable
marijuana. Evans advised home growers with medical needs to take into account
previous years’ yields.
“Monitor your own plants,” Evans advised. If last year’s crop yield was
one pound per plant, assume this year will yield at least that amount.”
If a grower’s plants appear to be producing beyond the county guideline,
Evans said. “pull up the rest of the plants yourself and you won’t have to
worry about us.”
A recent Supreme Court decision allows federal agencies to investigate
marijuana cultivation in the state, even if state laws allow cultivation for
personal medical use with a doctor’s recommendation.
Staff writer Trina Kleist can be reached at 477-4231 or by e-mailing
Fire Plan's progress available online
Trina Kleist
August 20, 2005
As Nevada County's Fire Plan winds through the approval process, its progress
will be posted on the county's official Web site.
The site - www.mynevadacounty.com/fireplan
- is a dedicated channel that currently has the Fire Plan, staff reports,
meeting minutes, a contact e-mail address and additional information. New
information will be posted as it becomes available.
The plan, a comprehensive set of guidelines for fire prevention in the county,
is currently being processed through the Planning Department for formal
adoption.
Briefs
Grass Valley gets $1.5M for loans
The Union staff
Grass Valley has obtained $1.5 million from the state to provide low-interest loans to low-income homeowners.
The loans can be used for housing rehabilitation projects such as roofing, plumbing, electrical fixes, insulation or other housing projects.
Single-family houses and multifamily residences are eligible. Loans up to $85,000 at 1 percent interest are available for single-family homeowners. The money can be used over the course of three years.
To qualify, a family of four must earn less than $50,900.
For additional information, visit City Hall at 125 E. Main St. or call Beth Owens at 274-4344
Judge John Darlington announces retirement
By Trina Kleist
August 18, 2005
Judge John Darlington ended months of speculation in Nevada County's legal
community Wednesday by announcing his retirement, effective Nov. 30, after 33
years in the area.
The Superior Court judge will be 61 by then, with 16 years on the bench.
Before that, Darlington served for 17 years as the county's district attorney.
Darlington stated his intentions in a letter sent Tuesday to the California
State Judge's Retirement System.
"It gives (potential judges) a chance to come up in this county,"
Darlington said. He will continue to work part time as an assigned judge in
various temporary judgeships in courts throughout the state.
Darlington, who was appointed by Gov. George Deukmejian in 1989, has been
working most recently in the county's felony criminal and drug courts. He said
he believes in the opportunities that alternative courts give people to deal
with substance abuse, child abuse and family conflicts.
Speaking of his five and a half years in Drug Court, Darlington said:
"It's been, for me, one of the more worthwhile things that I've done. ...
The problem-solving courts create an atmosphere in which people can turn their
lives around."
Darlington has also served nearly eight years on a state commission to
simplify the instructions that judges give juries in criminal cases. The
state's Judicial Council will consider the new instructions on Aug. 26.
When he was with the county district attorney's office, Darlington became well
known for his successful prosecution in 1985 of the Capitol Mortgage and Loans
fraud case, which involved nearly 500 victims.
His retirement comes on the heels of the May announcement by Superior Court
Judge Ersel Edwards of his own retirement. Edwards continues to serve in the
county as an appointed judge until Aug. 28, when he goes on vacation.
Darlington's announcement also fuels speculation about the appointment process
that began to replace Edwards. A pool of candidates already has been narrowed
to include at least three local people: Deputy District Attorney Kathryn Kull-Francis,
Deputy County Counsel Julie McManus and county Judicial Commissioner Sean
Dowling.
An announcement of Edwards' replacement is expected soon from Gov. Arnold
Schwarzenegger's office, but no date has been set.
It was not immediately clear whether candidates being considered for
appointment to Edwards' post could also be considered for Darlington's
vacancy.
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Nevada County's judges |
| C. Anders Holmer Presiding judge, Truckee Term ends January 2007 |
| Carl F. Bryan II Family law Term ends January 2007 |
| John H. Darlington Felony criminal, drug courts Retiring Nov. 30 |
| Albert P. Dover Civil law, probate Term ends January 2011 |
| Ersel Edwards Misdemeanor and felony criminal, traffic Retired, but serving pending new appointment |
| Robert L. Tamietti Misdemeanor and felony criminal, traffic Term ends January 2007 |
To contact staff writer Trina Kleist, e-mail trinak@theunion.com
or call 477-4231.
August 16, 2005
All but about 4 percent of Nevada County's incoming high school seniors have already passed the state exit exam now required to receive a graduation diploma, according to state test results released Monday.
This translates into a mere 33 incoming public-school seniors who still must pass the English Language section and 58 seniors who must pass the math section.
In comparison, about 12 percent of seniors statewide have yet to pass the state's exit exam - viewed by state officials as a positive step forward.
"I knew that our students could rise to the challenge of higher expectations, and I am proud of the rate of student success thus far on the exam," Superintendent of Public Instruction Jack O'Connell said in a statement.
| By the numbers | |
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State education officials announced the results as they released separate scores for statewide standardized tests. Those results showed improvement by the public schools but continuing gaps in the performance of ethnic groups.
The high school exit exam results showed black, Hispanic, low-income and special education students with lagging passing rates. An estimated 75 percent of black students have passed the math test by the 11th grade, while 81 percent have passed English test.
Only about half of special education students in the class of 2006 have passed the math test, while 54 percent have passed the English test.
O'Connell said he was troubled by the disparities.
"I expect our high schools to focus on those students who are in danger of not mastering the skills measured by this exam," he said. "I urge them to take it seriously."
Local school districts can decide whether to allow students who haven't passed the test to participate in graduation ceremonies, said Hilary McLean, California Department of Education spokeswoman. But they won't be considered graduates by the state, she said.
ooo
To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.
Penn Valley flume to be replaced
By Dave Moller,
davem@theunion.comAugust 12, 2005
The Nevada Irrigation District is moving forward with plans to improve an old flume on the Tarr Canal in Penn Valley.
The district had planned to replace the leaking and deteriorating Hogeland Flume earlier this year and the project won some support from residents. Others raised environmental-impact concerns, leading to the delay.
NID Maintenance Manager Brian Powell said the old steel pipe flume is undersized and leaking, creating a bottleneck in the water delivery system. The flume will be replaced with a 36-inch pipeline. The $188,000 job is planned in October, as soon as the irrigation season is over, Powell said.
In other business, directors:
• Increased the 2005-06 assessment rate of about one-fourth of one cent per $100 of assessed valuation. The $0.0028 rate is up slightly from the 2004-05 rate of $0.0023, said Finance Manager Tess Andrews.
The assessments are collected as part of the property tax in Nevada and Placer counties and are used solely to repay NID's voter-approved debt. The assessments are based on land values only; homes and other improvements are not included.
• Approved an agreement with developer Ted Schall for the installation of more than 9,000 feet of water lines and appurtenances to serve 52 residential parcels in the Villaggio di Vigneto development off Pleasant Valley Road just west of Lake Wildwood.
• Approved 2006 season pass and boat mooring rates for Scotts Flat Reservoir. Season passes will be $150, boat moorage will be $100 per month and dry storage will be $75 per month.
ooo
To contact senior staff writer Dave Moller, e-mail davem@theunion.com or call 477-4237.
3 local candidates on list to succeed Judge Edwards
BY TRINA KLEIST,
trinak@theunion.comAugust 11, 2005
At least three Nevada County residents are being considered for one judicial appointment to replace county Judge Ersel Edwards, who will retire on Aug. 26.
The appointment will come down from Gov. Arnold Schwarzenegger's office, but no date has been set.
"Sometimes judicial appointments happen relatively quickly. Other times, they stay open for months. Who knows what Sacramento will do?" Michael Phillips, president of the Nevada County Bar Association, said.
The three candidates are Nevada County Judicial Commissioner Sean Dowling, Deputy District Attorney Kathryn Kull, and Deputy County Counsel Julie McManus.
The process started when Edwards, 63, announced his retirement after 20 years on the bench. Though he retired May 31, Edwards has continued to serve on a temporary basis, handling criminal cases.
When a Superior Court judge leaves office in the middle of his term, as Edwards has done, the state constitution requires that the governor appoint a replacement.
People interested in the appointment must first apply to the governor's office. There, appointments secretary John Davies works with high-level officials and legal advisors to investigate and interview applicants, local lawyers familiar with the process said.
The advisers cull the candidates down to a handful of finalists, then pass these names to the Judicial Nominations Evaluation Commission, which is operated by the California State Bar Association. This commission appoints a group of people to investigate each candidate, said Nevada County Counsel Robert Shulman, a local bar association volunteer who also is McManus' boss.
On top of its own investigation, the JNE (or "Jenny") Commission sent evaluation forms to selected local lawyers in July, asking for opinions of the candidates. Those were returned in early August, Phillips said.
In addition, the Nevada County Bar Association conducts its own balloting on the candidates. Ballots are due in early September and will be counted by the League of Women Voters, Phillips said. Those results also go to the governor.
The JNE Commission further narrows its list and interviews selected candidates.
Both groups rate candidates as "highly qualified," "qualified," "not qualified" and "no opinion," and send those evaluations to the governor, Phillips said.
The governor can interview those candidates or look for more elsewhere.
"Nobody knows what weight, if any, the county Bar Association has in the process. The governor's office weighs this information as they see fit," Phillips said.
Nevada County has six sitting judges, all of whom are elected for six-year terms, Court Chief Executive Sean Metroka said. Five of the judges work in Nevada City and usually focus on particular areas, such as family law or criminal law. Judge C. Anders Holmer handles all cases in Truckee and serves as the presiding judge of the Nevada County Superior Court.
All six judges elect their presiding judge for two-year terms to oversee county judicial operations.
In an unusual confluence of circumstances, Nevada County will see four of its six judges face election in 2006, Metroka said.
The terms of Holmer and Superior Court Judges Carl F. Bryan II and Robert L. Tamietti all end next year, Metroka said. Whoever receives the appointment to Edwards' post will also face election for the first time.
"It's rare that a sitting judge has opposition in an election," Metroka said.
ooo
To contact staff writer Trina Kleist, e-mail trinak@theunion.com or call 477-4231.
Survey to assist plans for homeless shelter in county
By Becky Trout,
beckyt@theunion.comAugust 4, 2005
Final tallies from the June 30 survey of Nevada County's homeless community found 162 people without shelter and 76 people with temporary housing arrangements, Hospitality House organizers announced.
The actual number probably tops 500 because many people were missed during the count, organizer Joanna Robinson said.
The volunteer-run count was conducted to help organizers plan for a shelter and apply for grants, Robinson said.
Hospitality House organizers intend to open a seasonal homeless shelter that will rotate between area churches.
It is scheduled to open Oct. 15.
Six religious communities have signed up to host the homeless, but at least six more are needed, Robinson said.
In addition, the organizers need a space - preferably a house but at least an office space - they could rent and use as a receiving center, where those needing shelter could show up each evening, be screened for drugs and alcohol, and checked in. They would then be bused to the churches, Robinson said.
Hospitality House volunteers are hoping to raise $100,000 to hire two managers to operate the roving shelter.
Donations can be sent to Hospitality House, P.O. Box 3223, Grass Valley 95945.
Sunday, the Hospitality House is hosting a free concert and barbecue cookout to raise awareness and money for the moving shelter. It will run from 4-8 p.m. at the Pioneer Park Band Shell. Music will be provided by the Anderson family, the Foothill Chamber Winds, Ivory Tower and others.
While there's no charge to attend, donations are welcome. For more information, call 272-0919.