THE UNION Articles on
Miscellaneous Topics -- December, 2005

Spencer seeks re-election for District 3, Brittany Retherford, December 28, 2005
Become an eco-friendly business, Brittany Retherford, December 27, 2005
Former fire chief to run for supervisor, Brittany Retherford, December 20, 2005
Supply in demand, Dave Moller, December 20, 2005
NID’s rates rise for 2006
, Dave Moller, December 15, 2005
$22,899 to guard injured murder suspect
, Robyn Moormeister, December 13, 2005
Grass Valley leads Nevada City
, Brittany Retherford, December 13, 2005

Supervisor Sutherland to go on leave
, Brittany Retherford, December 8, 2005
Wanted: BID advisory board members
, Brittany Retherford, December 8, 2005
Owners given shorter leash, Brittany Retherford, December 7, 2005
Public Workshop on Proposed Utility Rate, Brittany Retherford, December 6, 2005
Jail captain placed on leave
, Trina Kleist, December 6, 2005

Mentors Guide newest judge, Brittany Retherford, December 3, 2005


Spencer seeks re-election for District 3

Supervisor wants government to be 'user-friendly'

Brittany Retherford
December 28, 2005

John Spencer, the Grass Valley land surveyor who was elected in November 2004 to fill a vacated Nevada County board of supervisors' post, announced Tuesday he will seek re-election.

"I have worked hard this past year getting to know the job and the people I work with. Next year will bring different committee assignments and new duties and challenges," Spencer said in a press release. He also described his past year as a supervisor for the Grass Valley-anchored District 3 as an important learning experience and a time for building trust.

Spencer's predecessor was the late Drew Bedwell, who resigned in June 2004 after being diagnosed with Hodgkins disease. Bedwell was well known for his outspoken nature and conservative stance on local issues. At the time, Spencer was serving as Bedwell's appointee to the planning commission and was Bedwell's favored successor.

Spencer ran a successful, albeit heated, campaign against former supervisor Bruce Conklin and former Grass Valley city councilwoman Linda Stevens. He had strong financial backing from other Nevada County elected representatives, including Assemblyman Rick Keene (R-Chico) and Congressman John Doolittle (R-Rocklin).

Spencer said that his principal issues during his first year have included affordable housing, economic development and job creation, improving roads and infrastructure, and improving customer service.

"I believe we are elected to hold the public's trust and make decisions based on honesty, integrity and frugality," Spencer, who could not be reached for comment Tuesday, stated in the press release.

Spencer lives in Grass Valley with his wife, Councilwoman Patti Ingram. He owns a land surveying and land development consulting business.

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To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.

Job: Nevada County District 3 Supervisor; licensed land surveyor; owns a land surveying and development consulting business.

Family: Married to Grass Valley City Councilwoman Patti Ingram and has two grown children from previous marriage.

Activities: Backpacking, camping, cross-country skiing.

On being an elected official: "We need to strive to make government efficient, responsive and user-friendly. As policy makers, we need to be balanced, fair, and be willing to listen to everyone's input, then make decisions based on that input for the community as a whole. If we cannot make informed, timely decisions, we need to go and let someone else get the job done."


Become an eco-friendly business

By Brittany Retherford
Staff writer
December 27, 2005

Andrew Roperto tried his best to make his new Nevada City restaurant eco-friendly on his own, but only came up against walls and confusion.

He said he even sent an employee to a green festival in the Bay Area, hoping to glean some advice to implement at Tortilla Grill — his Commercial Street Mexican eatery.

Andrew Roperto, owner of the Tortilla Grill on Commercial Street in Nevada City, separates recyclable products with Lynn Cody and Allison Miller, recycling technicians for the County of Nevada.   The Union photo/ John Hart

Meanwhile, two Nevada County Department of Transportation and Sanitation employees — Lynne Cody and Allison Miller — had started frequenting the locale, which served its food on thick plastic plates and its drinks in paper cups.

Immediately, flags went up for these recycling experts when they saw a makeshift recycling area and confused customers throwing out recyclable products, all of which propelled the two into action.

“It wasn’t really clear on what was recycling,” Cody said. “(We wanted to make it) not so confusing to the customers who came in there. We also noticed they were using plastic plates. Being such a highly visible business, we wanted to offer some assistance in making things a bit easier for him and the business for the customers to recycle.”

Miller and Cody are a part of the county’s “green team,” which provides a slew of programs that are designed to bring the area into compliance with a state law requiring counties to recycle 50 percent of their waste — and subvert paying a possible $10,000 per day fine.

Three of these programs — “free waste assessment,” “Nevada County materials exchange” and the “waste reduction awards program” — are specially tailored for businesses, which are responsible for half of the county’s waste, Cody said.

Recycling made easy

Recycling doesn’t take nearly as much time as many busy business owners might think.

Here’s what you can do to make it easy:
• Receive a free assessment of your business’s current recycling system. Call Nevada County Recycling technician Lynne Cody to set up an appointment at 265-7119. The assessment typically takes about a half hour.
• Learn to identify what items are recyclable. Some of the tricky ones of which many are unaware include milk cartons, most kinds of paper, computer monitors, and light bulbs. Call the county’s recycling hotline at 265-1768 with questions or for more information on where to buy products that are made from recyclable materials at local shops.
• Some items might be reusable by your business or others, such as wood, rubber, containers, and paint. List an item for free on the Nevada County Materials Exchange Web site at www.nevadacountyrecycles.com/NevCoMAX or by calling 265-7119. Or, peruse the Web site to find items your business could use.
• Remember that recycling saves your business money. Contact Waste Management at 274-3090 to downgrade your disposal costs after you update your business’s recycling program.
• Apply for recognition for your recycling efforts. Information about the Waste Reduction Awards Program is available online at www.ciwmb.ca. gov/WRAP, or by calling (916) 341-6604, or e-mailing WRAP@ciwmb.ca.gov.

Source: Nevada County Department of Transportation and Sanitation.

The assessment program was founded in April 2002 and is basically a free consulting service for businesses that want to learn better recycling techniques.

Since 2002, Cody said she has assisted nearly 300 businesses throughout the county and both Grass Valley and Nevada City. Many of those were trying to recycle, she said, but like Roperto at Tortilla Grill, were unsure of what to recycle or what kind of help was available from county government.

“When we came knocking on (Roperto’s) door, he was just as pleased as punch,” Cody said. Roperto agreed, saying he was thrilled when he was initially contacted by Miller this fall.

Miller and Cody helped Roperto troubleshoot his recycling woes, coming up with solutions to problems created by limited space and an unclear recycling area — two dilemmas faced by many businesses.

They soon learned that Roperto was struggling with a tight kitchen space that was too small to fit a dishwasher, which is why he used plastic plates and paper cups, Miller said. Also, the plates were recyclable but were not labeled for aesthetic reasons, which might possibly have deterred some of his conscientious customers from eating there, she said.

Working with Waste Management, the team was able to ensure that the plates would be recognized by the recycling center in Lodi, where recyclable materials are sent to be sorted.

After this success, the next task was to let Roperto’s customers in on the secret and give them instructions on how to do their part.

“You kind of have to train the customers,” Miller said.

Free recycling bins were installed, along with detailed instructions on how to scrape plates, empty cups and separate out nonrecyclable products such as straws.

Cody admits it might be a bit more work than at other places, but “people who want to recycle will want to (know how to participate).”

Tortilla Grill is now recycling more than 90 percent of its recyclable products. Roperto gives most of the credit for this achievement to the wisdom shared by Cody and Miller, saying “they got me over the hump.” They were the ones, he said, that made the process of becoming a more eco-friendly business so much easier.

To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.

Recycling winners

Four western Nevada County businesses were honored for recycling in 2005 by the state of California’s Waste Reduction Awards Program (WRAP).

These include:

• BriarPatch Community Market, 10061 Joerschke Drive, Grass Valley

• McGrath & Associates, Inc., 10563 Brunswick Road, Grass Valley

• Thomson Broadcast and Media Solutions, 400 Providence Mine Road, Nevada City

• Byers’ LeafGuard Gutter Systems*, 11773 Slow Poke Lane, Grass Valley.

* Note: Byers’ received top honors by being named one of the top five WRAP businesses in the entire state.


Former fire chief to run for supervisor

By Brittany Retherford
December 20, 2005

Hank Weston, Grass Valley's former fire chief with 44 years of firefighting experience, confirmed Monday he will seek the Nevada County District 4 Supervisor seat.

"I have been in discussions with friends and supporters ... for a while. I just had no idea how soon I would become a candidate," he said in a press release. Weston indicated last week he was considering campaigning for the post, but said he wanted to wait until the current District 4 supervisor, Robin Sutherland, made a decision about seeking re-election.

Sutherland announced Dec. 14, that she would not run again, citing "family responsibilities."

Weston was fire chief in Grass Valley for eight years, retiring in June. Prior to that, he worked for the California Department of Forestry and Fire Protection for 36 years. During his years with the Grass Valley fire department, he helped a primarily volunteer department transition to one that relied on career firefighters, he said in an interview Monday morning with The Union.

"I took it on as a challenge," he said. He said he sees running for supervisor in a similar way and that he considers himself a team player - which he considers an important attribute for an elected official.

Weston pointed to several issues he thinks will become highlighted in the 2006 campaign. Some of these include how to address the methamphetamine crisis; the affordable housing issue; how and when to fund the county's Fire Plan; and growth.

He said he knows the District 4 area is particularly prone to growth because it has the most open space.

"(Let's) not say it's not going to happen because it is going to happen," he said. "I just want to see it done right."

He said finding affordable housing to lure young people back to the county is important to ensuring the county's livelihood.

"We need to have a balanced approach to housing," he said. "I want to see the county live and not become a dried prune on a tree."

Weston also said he was looking forward to getting better acquainted with the diverse population that inhabits the district, which extends from Penn Valley to North San Juan.

To contact staff writer Brittany Retherford, e-mail brit tanyr@theunion.com or call 477-4247.

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Hank Weston

What he's running for: Nevada County District 4 Supervisor

Where he lives: Lake Wildwood

Current job: Retired, former Grass Valley fire chief; 36-year veteran of the California Department of Forestry.

Family: Wife, Kandy, and two daughters.

Community service: Elected to the Nevada County Local Agency Formation Commission representing special districts for the second time; service in the U.S. Army; vice president of the Nevada County Law Enforcement and Fire Protection Council; and board member for several public safety-related boards.

If elected, what he hopes to accomplish: "I want to work to ensure fiscal responsibility and accountability. The safety and well-being of our communities are of primary concern to me and so I intend to make certain that our police and firefighters have the resources and training they need to do their jobs. I also intend to engage and work effectively with our congressman and state legislators to ensure that our needs in Nevada County are met."


Supply in demand

Growth could slow NID water flow

By Dave Moller
Senior staff writer, davem@theunion.com
December 20, 2005

The former city engineer of Lincoln says the Nevada Irrigation District now faces the biggest dilemma in its history: How to squeeze a finite supply of water into a booming region that will soon take it all.

Ralph Hitchcock, now of Banner Mountain, recently told the district board that a new study projecting NID-area growth will cause the demand for water to catch up to existing supplies in 22 years is, "a big, big deal."

Hitchcock was city engineer in Lincoln for the years prior to the Del Webb retirement village project and the subsequent boom there. He told The Union on Monday that he knows what it is like to see demand rise above supply.

"You have to build bigger and bigger reservoirs and it gets more expensive," Hitchcock said. "And raising dams pushes water further into the wilderness."

Hitchcock's comments were directed to a raw water master plan recently completed for NID by Kleinschmidt, a national water and energy consultant with offices in Grass Valley.

At last week's NID meeting, Mike Schimpff of Kleinschmidt said NID's demands will become equal to the average runoff by 2027. The NID system currently provides 153,000 acre feet of water per year to more than 23,000 connections. An acre foot of water covers one acre, one foot deep.

According to Nevada and Placer county growth figures given to Kleinschmidt, demand will increase to 211,000 acre feet by 2027. NID can store about 280,000 acre feet in its reservoirs every year, but loses 15 percent of that to evaporation and leakage. Hydroelectric generation and flows for fish and wildlife also eat into that figure and drought can affect it dramatically.

Schimpff said a large number of NID's antiquated canals already exceed flows for which they were designed, and that many culverts, siphons and flumes will become inadequate with growth.

"Some canals will need to be expanded to handle growth capacity," Schimpff said. A growing number of mutual water companies within the district will also impact the canals and future water demand, he said.

Tim McCall, NID's outgoing chief engineer, said the study is an important step for the district's planning. Phase two of it will address what improvements will be made to the district system to meet the projected demand, he said.

NID's situation is a microcosm of California, Hitchcock said, where growth will soon overtake water system and supply. Even with more water storage, if growth isn't slowed, "you reach a point of diminishing returns."

Hitchcock said he is not a strong global warming advocate, but did say there is evidence the Sierra's snowpack is shrinking. There are alternatives for oil and power, Hitchcock said, "but we can't create more water than the earth already has."

Some Nevada County residents have bemoaned the district's plans to bring water to the booming Lincoln area in Placer County.

But NID is a special district that encompasses a large portion of both counties and is not beholden to their governments. NID officials have said the new Lincoln water supply will go to people who live inside the district and Placer County, who are legally entitled to it.

To contact senior staff writer Dave Moller, e-mail davem@the union.com or call 477-4237.


NID’s rates rise for 2006

District board increases fees by 6 percent

By Dave Moller
Senior staff writer, davem@theunion.com
December 15, 2005

After months of haggling, the Nevada Irrigation District board raised rates 6 percent across the board Wednesday, less than the 9 percent originally projected.

Hookup and capacity fees were also raised, between 17 and 19 percent for treated water users and 4 percent for irrigation customers. Board members also passed a $42 million operations budget for 2006.

The increases mean the average monthly bill on a home with a 5/8-inch meter will go from about $34 to $37. Those with a 3/4-inch meter will see an increase in their bill from about $41 to just under $44. Treated water bills vary with usage.

Small homeowners’ hookup and capacity fees, to receive NID water, will rise to $6,900 from about $6,000. A large house will increase from about $10,000 to $10,900.

Board members began talking about increases late last summer, with rate committee members Nancy Weber and Scott Miller recommending a 9-percent increase for treated water and a 7-percent hike for raw water. That was in step with the 9-percent increases the board passed and recommended during 2004, in a five-year plan designed to make income pay for operations.

But during the last few months, board members have struggled with that premise and rate increase recommendations have gone up and down. That continued Wednesday, when Weber recommended a 4-percent increase. Miller stuck with the 9-percent figure, citing the cost of services study that produced the five-year plan last year.

That study said NID was 25 to 30 percent behind in rate increases and could not expect to run its operations without dipping mightily into its large reserves.

But board member George Leipzig said he could not support the 9 percent increase with the knowledge that the district has $73 million in the reserve funds.

“We’re starting to beat our customers,” Leipzig said. “I favor a rate increase, but I feel it should be more modest.”

Board member Paul Williams suggested a 7 percent increase and then dropped his proposal to 6 percent to get the compromise.

NID will now have to take about $360,000 out of its reserves to balance the $42 million budget, The rest is earmarked for future projects for growth and to replace the district’s aging facilities.

Outgoing board president John Drew said the increase was still less than the Placer County Water Agency’s recently approved increases of 10 to 16 percent.

“We have money in the bank and they don’t,” Drew said. “The board is in a position to help the community.”

Drew, Leipzig and Williams approved the 6 percent hike, with Miller and Weber voting against it. Weber said she wanted to see a better study of rates for the future, and Miller said he thought the increase would not meet the five-year plan goal.

To contact senior staff writer Dave Moller, e-mail davem@theunion.com or call 477-4237.


$22,899 to guard injured murder suspect

By Robyn Moormeister, robynm@theunion.com
December 13, 2005

The county will pay more than $22,000 in costs associated with guarding murder suspect Richard Williams outside his Sutter Roseville Hospital room.

Full-time and reserve Nevada County sheriff's deputies were paid to stand guard for 460 regular hours and 383.5 overtime hours, for a total of $22,899.

"It does seem like a lot of money," said Nevada County Sheriff's Lt. Ron Smith, "but it doesn't even compare to the hospital bill."

Had Williams been arrested before his release from the hospital, Smith said, the county would have had to pay for at least part of the hospital bill that wasn't covered by insurance.

Smith said the exact amount of Williams' hospital bill is unknown.

Deputies were stationed outside the room 24 hours a day for 33 days, starting Oct. 22, when Williams was hospitalized for nail gun wounds to his chest and abdomen.

His wife Hetty Williams died from nail gun wounds to her head.

Williams was released from the hospital and jailed Nov. 25. He was not arrested prior to his release because the severity of his wounds required hospital care, said Smith. "His condition wasn't stable and he needed to have a doctor available."

Deputies spent a total of 843.5 hours watching the murder suspect, according to sheriff's office records.

The costs connected with guarding Williams will come from the sheriff's department operations budget, which is approximately $7 million this year.

In related news, a court hearing has been set for Jan. 13, where a judge may address a decision on whether bail will be considered for Williams.

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To contact staff writer Robyn Moormeister, e-mail robynm@theunion.com or call 477-4236.


Bringing in the bucks

Grass Valley leads Nevada City, county in sales tax revenue

By Brittany Retherford
December 13, 2005

It's holiday shopping season again, and sidewalks in the county's historic downtowns are well stocked with tourists ready to spend money. The sight is a warm one for city and county governments who rely on money generated by the sales tax to pay their bills.

This is particularly so for Grass Valley, which has experienced tremendous growth in revenues from sales tax just this past year, and with no signs of tax dollars seriously tapering off soon, the future only looks better.

In 2004, a sales tax of about 7.4 percent in western Nevada County brought in nearly 7 percent - or $8 million - more than the year before for the three local governments.

A closer look at the increase shows the way that people are spending their money, says Carol Fish, Grass Valley's director of finance. And for whatever reasons, it looks like they are buying more in the city of Grass Valley than anywhere else. Nevada County and Nevada City have reported minimal, if any, sales tax growth this past year.

"The economy has done fairly well here," Fish said. "I think we have had steady economic growth all along."

Grass Valley's lion's share
Grass Valley typically receives the lion's share of the sales tax revenue in the county. This is good because half of its budget relies on the income, Fish said.

This is unlike Nevada City, for which sales tax revenue is a quarter of its budget, or the county, for which sales tax revenue is 17 percent of its budget.

Grass Valley is also growing by leaps and bounds. It raked in 27 percent more money during the second quarter of 2005 than in 2004 - a percentage that is even adjusted to account for increases gained by the 2004 annexations in the Glenbrook basin. This is according to quarterly reports from HdL Companies, a consulting firm both Grass Valley and Nevada County use to track and analyze sales tax.

Fish attributes the strong revenues in Grass Valley to two factors - tourism and the housing market, both of which are healthy.

However, Chuck Neeley, the relatively new executive director of the Nevada County Economic Resource Council, says one should be careful in assuming the economy is growing based on an increase in revenue from sales tax.

"I don't know if it links directly with how the economy is doing. I think it is what the population deems," he said, meaning that revenues could go up purely because more people are moving in. Grass Valley does continue to expand, annexing several acres in the Glenbrook basin just last year.

Alternatively, "maybe more people are trying to shop locally. Maybe they feel that they are buying these larger purchases, such as a vehicle, here instead of in Roseville," he said.

In Grass Valley, sales tax revenue from auto dealership and transportation-related businesses has more than doubled in the past year, moving this industry into a clear first place over building and construction businesses. The first two quarters raked in nearly $700,000 in taxes from these businesses.

Other businesses that continually rank high on the sales tax revenue-generating chart are Hedman's Furniture, Sears, Staples, JC Penney and Chevron. In what appears to be a first, Asian Gardens Restaurant made the top 25 chart earlier this year.

Flat growth
Nevada County has not been nearly so fortunate.

"(Based on the numbers), you might say our sales tax is slightly on the up rise, but in actuality, ours is staying very flat," said Joe Christoffel, the county's chief fiscal officer. He said the loss of Glenbrook has been hard on the county because the county has not changed the services it provides.

"I'm budgeting $3.4 million for next year. I am budgeting basically flat," he said.

Nevada City is also not as lucky as its sister town, but hopes are high that the holiday season might turn things around and that the downturn is a reflection of a change in the way the state distributes sales tax to local jurisdictions.

So far this fiscal year - which began July 1 - the city has only collected $360,000 in revenue, making it appear as if the sales tax is down for this five-month period. But Nevada City's city manager Mark Miller said this might not be the case based on an informal survey of local businesses.

"My sense from speaking with sales tax generators downtown (is that it's up). They all seem to be doing positive," he said. The city will know better in March when it receives its next sales tax check from the state.

To contact staff writer Brittany Retherford, e-mail
brittanyr@theunion.com or call 477-4247.

Nevada City Sales Tax Revenue
2003-04: $1.2 million
2004-05: $1.4 million

Source: Nevada City clerk's office


Supervisor Sutherland to go on leave

By Brittany Retherford
December 8, 2005

Nevada County District 4 Supervisor Robin Sutherland said Wednesday that she will soon be taking an unexpected two-month medical leave from office.

Sutherland, who represents the diverse, largely farming and ranching region that extends from North San Juan over to Penn Valley, did not give a specific date for her absence. She did, however, indicate that she will be attending the last board meeting scheduled for December, which is Tuesday.

Sutherland also said she would prefer not to discuss the details of her medical leave, saying only that it was "unanticipated but not life-threatening."

This is the first extended leave Sutherland has taken since she was elected in 2002.

She said her constituents will still have representation in the county.

"They should call the board office like they normally would, and they will be directed to the appropriate person," Sutherland said. "Typically, the protocol when one supervisor is not there is that the chairperson takes over for the person for that district."

She said this is what happened with Drew Bedwell, who was the last supervisor to go on medical leave. At the time, Sutherland was the chair and she said she took over for Bedwell, who died Dec. 21, 2004, from complications of Hodgkin's disease. Now Ted Owens of Truckee is the chair of the five-member board.

For more information, call the board office at 265-1480.

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To contact staff writer Brittany Retherford, e-mail brittanyr@the union.com or call 477-4247.


Wanted: BID advisory board members

By Brittany Retherford
Staff writer
December 8, 2005

After all fees are collected for Nevada City’s new business improvement district, or BID, its advisory board should have an additional $42,000 in its coffers.

Much of this money is earmarked for specific downtown area improvements already determined by a volunteer board that is currently short several members. Currently, eight openings are available exclusively to business owners on what will eventually become a 17-member board.

Four of these are a result of board members resigning, said Vice Chair Peter Van Zant, who is not a business owner in the district, and therefore, not a voting member.

Proposed Projects
from the BID

Out Reach Program
Budget: $2,000
Start date: Jan. 6, 2005

Street Musicians
Budget: $4,000
April 6,2005

Co-Sponsor Arts Events
Budget: $5,000
Start date: Jan. 6, 2005

Signage
Budget: $5,000
Start date: Jan. 6, 2005

Event Marque
Budget: $4,000
Start date: 2007

Pine St Promenade
Budget: $5,000

Benches & Trees
Budget: $7,200

Windows on History
Budget: $1,200

VIP Shopper
Budget: $5,000

Where Art Lives Program
Budget: $1,000

Monthly PR Program
Budget: $1,200

These four spots will be filled by the board during the Jan. 10 meeting, he said. The other four members will be chosen via a ballot election of the entire district.

“We promised that there would be an election of the membership,” Van Zant said. This will take place sometime after the Jan. 10 meeting.
The City Council voted to establish the BID during its June 27 meeting, but not without sparks.

Many residents and business owners said at the time they were concerned that this district would just be another layer of government to wade through, not to mention being unnecessary for a small town that already has a Chamber of Commerce.

But Board Chair Pat Dyer said the waters have smoothed a bit and some of the former “enemies,” are getting involved

“Now that the sparks have settled and people are realizing this is a reality a lot of the people who (opposed us) have joined forces with us. We are not receiving strong opposition from anyone,” Dyer said.
The group is also moving forward.

“We have just come out with our first newsletter. We are collecting money. We have established banking accounts. We have prioritized projects. We have developed management tools and timelines. We have allocated dollar figures to our list of projects,” Dyer said.

An idea was entertained briefly to hire a part-time employee to help handle the increasing workload, but it was nixed because of potential controversy, said Councilwoman Sally Harris, who is the council liaison with the BID.

She pointed out that many residents have found their own ways to contribute without being a board member, which might not always fit with busy schedules.

“(There are several volunteers) who are not on the advisory board. That is a positive thing. It accomplishes more and involves more of the business community,” she said.

For information about being a board member or other volunteer opportunities, contact Dyer via e-mail at utopian@nccn.net or call 265-6209.

To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.


Owners given shorter leash - copy of ordinance included

Stricter rules for dogs passed by supervisors

By Brittany Retherford
Staff writer
December 7, 2005

Nevada County’s top elected officials unanimously voted Tuesday for more stringent laws that govern careless pet owners by giving animal control officials more leverage in determining whether a dog is dangerous.

The new law was requested by Animal Control Officer Ron Earles after several reports of vicious dog attacks around the county.

Under the previous law, the authorities couldn’t crack down on these owners until a second offense was committed. The previous law also stated a dog was considered to be under an owner’s control if it could demonstrate “come, sit, heel, and stay,” within 20 seconds.

Earles said this can be too much time, so he requested the “20 second” language be deleted. Instead, animal control officers trained in understanding whether a dog is under control, will now make the final determination, he said.

“Animal control officers are dealing with this all the time,” he said. “You must be able to demonstrate (control) to the satisfaction of the animal control officer.”

The definition of “close proximity” was also changed to 10 feet — a change Supervisor Ted Owens said made sense.

“I have a border collie and she’s not vicious,” he said, “but when she’s beyond 20 yards she’s home free.”

Two dog-loving residents also attended the meeting to show their support for the changes. Both said that it is dog owners — not dogs — who need to be addressed as a problem.

“There is no dog problem in this county, but we have one hellacious owner problem in this county. And as a result this dog lover is concerned about being exposed to some of those untrained dogs as I wander around the county,” said Dave Marsh, a Nevada County resident.

He said this is an issue that has bothered him for many years — even before the Sheriff’s Office included Animal Control under its jurisdiction.

“Having a standard to hold the dog owner to I feel is important, I thank (Sheriff) Keith (Royal) and his staff for what they’ve accomplished. They’ve been able to improve it a great deal,” he said.

Another dog lover, Song Kowbell, who runs Creative Canine Training in North San Juan, nodded her head in agreement.

“I work almost exclusively for aggressive dogs. One of the things I would like to see happen is that if a dog has gotten in trouble (that it would) be mandatory that it enter into some type of training,” she said. “You cannot shoot the owners, the dogs are those who pay the (price).”

Earles said that it would be difficult to implement a mandatory training for owners and their dogs, but he is looking into other preventative options.

“A lot of these dog owner problems are a direct result of a lack of education,” Earles said. “We definitely need an education program in this county and I’m sure we will be addressing that in the very near future.”

292 KB download from theunion.com Ordinance amending the current animal control article - Dec. 6, 2005

To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.


Public Workshop on Proposed Utility Rate Adjustments - copy of study included

Brittany Retherford
December 6, 2005

Grass Valley is hosting an informational workshop tonight on its proposed water and sewer rate hikes.

The water and sewer system services about half of the city’s residents with the other half receiving Nevada Irrigation District services. At the current rate, only about 94 percent of costs are recouped, according to an Oct. 11 study. For more information about the study, visit www.cityofgrassvalley.com.

The workshop will be held at 6 p.m. in City Hall at 125 East Main St. For more information, call the finance department at 274-4300.

229 KB download of report: City of Grass Valley utility financing plans and rate study


Jail captain placed on leave

Investigators brought in to look at concerns raised

By Trina Kleist, trinak@theunion.com
December 6, 2005

Capt. Lee Osborne is now supervising the county jail while a closed-door investigation is being conducted, Nevada County Sheriff Keith Royal said Monday.

Capt. Ken Duncan, who was the top supervisor at the Wayne Brown Correctional Facility, has been placed on administrative leave during the investigation. However, Royal said he could not confirm Duncan's exact status due to privacy laws.

He also would not say whether the captain was on paid or unpaid leave.

"Some issues have been brought to our attention and we're currently investigating the concerns that have been raised," Royal said. "We want to resolve those concerns; hopefully, that will be in the near future."

Duncan oversaw the jail division, which includes a staff of about 65 officers and an average of 200 inmates. Next in command are two lieutenants, one who oversees jail operations and another who supervises other programs, including the kitchen, commissary, bailiffs, courthouse coordination and inmate funds.

"We're bringing in outside investigators to look into the concerns that have been raised," Royal said. "This has nothing to do with a criminal investigation."

Royal would not discuss the nature of those concerns, saying staff lawyers for Nevada County advised him the investigation is a personnel matter and therefore private. It could become a public matter if brought before the Board of Supervisors.

Royal said Duncan has been doing a good job as jail administrator.

"The jail is well run. We have great, solid people who work hard every day for the safety and security of the inmates and the public," Royal said.

Osborne has been an administrator in the Sheriff's Office.

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To contact staff writer Trina Kleist, e-mail trinak@theunion.com or call 477-4231.


Mentors Guide newest judge

By Brittany Retherford
December 3, 2005

Julie McManus says she will look to the lessons learned from past mentors as guidance in her new role as a Nevada County Superior Court Judge.

"I've had the good fortune to have the mentorship of all the fine judges in this county. I've had a tremendous amount of support from the community and from the bar association and I will try and live up to their all their wishes and all they have done for me," she said Friday afternoon, the day after she learned of her appointment by Gov. Arnold Schwarzenegger.

Of those judges in Nevada County, McManus named two who have particularly influenced her - Kathleen Butz and Carl Bryan.

"Justice Butz for her courage and the statement that she made as a woman on the bench," she said. And, "I think Judge Bryan and his ability to immediately identify problems and have people come to the table and deal with them. He always gets done what needs to be done and I'd like to be able to do that as well."

McManus' appointment Thursday marks the second time a woman will serve as a judge on the county's Superior Court, although she said she'd prefer to be referred to as the third female on the bench. She said Karen Gunderson, a woman with a lasting impact, had served on the Municipal Court during the 1970s and '80s before all the courts were merged into just one.

McManus, who learned of her new appointment early Thursday morning via a phone call from the governor's office, said she was shocked by the news. Her first reaction she said was, "Are you serious? Is this for real?"

The 48-year old Republican is also an accomplished barrel racer - a rodeo event - and lives in Nevada City with her 16-year-old daughter, Jenny. She currently works as a deputy county counsel - a post she has held since 2001, primarily representing social services cases. She has also had 15 years of working as a district attorney for several counties in the foothills, including this one.

Scott McLaren, a court worker with county social services, called McManus a pleasant, even-tempered person to work with and admired her for her ability to see all sides of issues. He said he has worked with her for the past 10 years when she has been "an attorney for the children."

"I have seen plenty of situations where Julie has had to deal with highly emotional trial-like situations. One of her strong skills is when she is dealing with witnesses or when trying to get to the truth of the matter, she always does so in a respectful way. I always thought she would be a great candidate, someone who is impartial and who is fair."

McManus said her goal as a judge here would be to preside over juvenile court, a spot held often by Judge Bryan.

"Ultimately, that is where my heart will always be. Sometimes they put the new kids on the block there, but I think that is one place you can make a difference. If you don't make a difference there, we have all failed," she said.

Judge Bryan said because McManus has close ties with several juvenile cases right now, she will need to wait at least a year before serving on that spot. She will likely start out presiding over misdemeanor cases, although that decision is up to all the judges, he said.

"I think she will do a wonderful job. One of her best attributes as a trail lawyer was she was always very well-prepared and that conscientious attitude is why I think she was chosen," he said. "For a guy who is getting closer to the finish line, (McManus' appointment) makes me feel good about the future."

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To contact staff writer Brittany Retherford, e-mail brittanyr@theunion.com or call 477-4247.


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