Archive | February, 2013

ESP Murder Hearing James O’Feldt

Posted on 26 February 2013 by Howard Copelan

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White Pine District Court January February part 4

Posted on 26 February 2013 by Howard Copelan

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Cortney R. Rosevear

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Dustin L. Homan

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Royce Leland Kaamasee

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White Pine District Court January February part 3

Posted on 26 February 2013 by Howard Copelan

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Charles Martinez

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David Tou Lee

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Melissa Sepulveda

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White Pine District Court January February part 2

Posted on 26 February 2013 by Howard Copelan

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Frank Miller

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Bradley William Worthington

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Mike Fixer Newcastle

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David Hooper

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Dakota Miles Hunt

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Luke Littlebear Thompson

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White Pine District Court January February part 1

Posted on 26 February 2013 by Howard Copelan

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Danule Robert Pope

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Daquari Melson

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Matthew Tjeltveit

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Bryan Fitzner

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Shannon M. Mealy

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Gerald Barela

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Paula Lee

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Jacob Kelly-Chivers

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Elko District Court February 11, 2013 Judge Nancy Porter

Posted on 24 February 2013 by Howard Copelan

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FOURTH JUDICIAL DISTRICT COURT 

 DEPARTMENT 1

COURT SCHEDULE

LAW & MOTION CALENDAR

 

February 11, 2013

   CR-FO-12-1573 Cano, Erik (DA/Woodbury) Arraignment (Grand Larceny of a Motor Vehicle of a Value of $3,500 or More)

   CR-FP-11-1629 Salazar, Miguel (DA/Lockie) Status Hearing (Kidnapping in the First  Degree)

   CR-FP-12-1039 Miley, Daniel Steven (DA/Stewart) Arraignment (Conspiracy to  Commit Possession of a Controlled Substance)

   CR-FP-12-1591 Wilson, David Scott (DA/Kilpatrick) Arraignment (Possession of a  Controlled Substance)

  

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CR-FP-12-1367 Dick, Amee Lenae (DA/Kilpatrick) Arraignment (Possession of a  Controlled Substance)

   CR-GO-12-875 Ayers, Kevin Lee (DA/Hill) Arraignment (Damage to Jails)

   CR-FO-12-1287 Anderson, Cameron Denny (DA/Hill) Arraignment (Conspiracy to Commit Embezzlement)

 

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  CR-FP-11-599 Gurule, Jennifer Lyn (DA/Hill) Probation Violation Allegation Hearing

   CR-FO-11-821 Candelario, Eduardo Rodriguez (DA/Foster) Sentencing (Attempted  Grand Larceny)

   CR-FO-12-1279 Penny, Braden Robert (DA/Foster) Arraignment (Grand Larceny of a Motor Vehicle)

 

 

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PUC: Wendover Gas Closed By Summer

Posted on 22 February 2013 by Howard Copelan

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Robert Springmeyer, Bonneville Research

Whether Wendover Gas is purchased or not the company will cease to exist before next winter, said Jeffrey Crockett Attorney for Nancy Green.

“The PUC have been watching the situation carefully,” Crockett told the council by telephone and if Nancy (Nancy Green, owner of Wendover Gas) and if she cannot find an alternative plan we will have the transition for her customers to switch to propane tanks this summer. There will not be another winter like this.”

Last November the West Wendover City Council agreed to be the source of emergency funding for the near bankrupt gas company under its emergency powers for the first time in history.

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City Council Meeting

At least four and perhaps six times the city came to the rescue purchasing loads of propane for Green and her customer. The purchases totaled so far some $60,000 for 37,500 gallons of propane.

But while those emergency loans came in handy for Green they apparently did not come cheap. Indeed they may have cost her, her company Crockett strongly implied.

“The PUC cannot stand idly by and allow the situation to continue” he added.

wrecfixedadThe meeting is now being webcast of the High Desert Advocate’s website www.coyote-tv.com.

Crockett’s announcement adds another wrinkle to a possible purchase of the gas company by the city of West Wendover and could give opponents of the purchase more ammunition against the buy and also adds a deadline to supporters of the buyout.

“The problem is that no one wants to buy Nancy’s pipes,” explained councilman Izzy Gutierrez. “There are several companies who said they could up her customers and deliver propane in tanks but no one wants the pipe system.”

A major supplier of propane in Wendover for almost half a century, Green created Wendover Gas in 1997 and began piping propane to some residences and businesses.

In order to secure funding and right of way to lay the pipes Green and the city agreed on a franchise ordinance that gave Wendover Gas a monopoly on all piped gas. Where the ordinance falls short Green complained to the council is that the monopoly applies only to piped gas. There is nothing  in the ordinance that prevents a business or a home from buying propane from another supplier and filling a tank on a regular basis.

shrinersAlso by installing gas lines, Green’s pricing came under the jurisdiction of the Public Utilities Commission which had to approve each and every price adjustment Green wanted to make, while any potential competitor could slash the price of propane they were charging at a moment’s notice.

And that is exactly what happened. Where she once had all of the five major Wendover casinos as her customers Green said now she had none.

While Green lost most of her major commercial accounts she has been able to retain most of her residential customers. PUC investigators made frequent mention of supply problems in 2005 and in 2007. In 2009 Green was just days away of losing her company to the city when at the almost the last minute she was able to secure a new source of propane after her original supplier refused to deliver more until he had been paid at least half of a $140,000 bill.

The largest customer Green has on the pipe system is the Elko County School District for the West Wendover Elementary and the West Wendover Jr/Sr High School.

kelyAnd it was primarily the specter of the schools being closed for lack of heat that prompted the council to lend Green the city credit card this winter.

“We really didn’t have much of a choice,” said councilman Gerado Rodriguez. “We couldn’t let our kids either or cold or go home.”

But because of the close call this winter, the school district is reportedly looking for a more stable supplier itself.

“When it comes to the health and safety of our children we really can’t cross our fingers and hope for the best,” said Superintendent Jeff Zander in the past. “If that means buying tanks and switching suppliers then we might have too.”

If no deal is in place to buy the company before the PUC takes its action, it may never come to pass. With the entire customer base of the company back on tanks which can be refilled by any propane the already over priced pipe system will be rendered redundant.

Meanwhile the odds of quickly coming up with a deal are not considered good. The feasibility study already delayed for more than half a year had to be tabled in the meeting to give councilmen more time to review it.

“I got my copy about 10 minutes before the meeting began,” Gutierrez added. “It is about an inch thick and about two hundred pages worth of charts, numbers and graphs.”

In addition to the West Wendover city council , Wendover, Utah input is vital to the success of the project.

“If this is to be successful everyone on both sides of Wendover have to be on board,” said the company’s court appointed trustee Steven Shute.

Getting a Utah okay might be difficult and time consuming.

Wendover, Utah’s first set of demands to the purchase last summer was one of the major reason for the delay and according to Mayor Mike Crawford, his council is still not enamored of the buyout.

If no agreement can be reached in time West Wendover may find itself agreeing to buy a company that has already all but ceased to exist.

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62 Mile Gas Pipeline For Only $9 Million?

Posted on 22 February 2013 by Howard Copelan

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The cost of bringing cheap natural gas to Wendover is less than $15 million according to a feasibility study prepared by the Bonneville Research Group.

According to the study it would cost just a little over $9.1 million to build a 62 mile pipeline from West Wendover to the Ruby Pipeline running near the Idaho border to the north.

In addition to the pipeline cost would be the purchase of the Wendover Gas company valued at $2.5 million plus other cost involved in expanding the system.

To arrive at the estimate the study used a rule of thumb equation where the diameter of the pipe (4 inches) multiplied by the number of miles (62) multiplied by $40,000.

hrblocknew“It is a pretty basic formula,” said Wendover Gas trustee Steven Shute. “I have been involved in building pipelines for over 20 years and it is pretty accurate.”

Bringing natural gas to Wendover is an old dream. 15 years ago then Mayor Walt Sanders and City Manager Keyth Durham initiated talks with the company planning to build what would become the Ruby Pipeline. those talks however led nowhere. the pipeline was still in its planning stage and the cost estimated to be over $20 million for a spur line to Wendover was considered to be too high.

However even back then a supply of natural gas was considered crucial for Wendover to attract manufacturing industry. Now with the supply at all time highs and price at all time lows Wendover bid to diversify its economy is cripple without ready access to the product.

But while the estimate is attractive it may not be accurate.

“Laying pipe in Nevada is between $800,000 and $1 million a mile,” said financial analyst Paul Kvam. “If the City of West Wendover desires to purchase Wendover Gas, I ask the following question: Has the City conducted an engineering cost study to connect the present propane system to the Ruby Pipeline? How much would it cost? Does it make sense? How tough is the rock the trench would have to go through? (The cost of putting in natural gas pipelines can greatly vary depending on how tough the digging is). My point is that the value of the current system is dependent upon the cost of connecting the current system to natural gas. If it is not cost effective to connect Wendover Gas’ system to the Ruby Pipeline, then the City should not pay too much for the system.”

While the feasibility study gives its estimate there have been know geological studies yet connected on the route or proposed routes the pipeline would take. In fact very little is known of the area as it is one of the least explored parts of Nevada or for that matter the country.

“I flew over the proposed routes,” Shute said. “It looks like a pretty easy dig. It could either go through Montello or through Grouse Creek.”

wrecfixedad“If West Wendover can build a 62 mile pipeline for that much send them to me,” Kvam said. “We are trying to build a 10 mile natural gas pipeline to Virginia City and our estimate is about $ 9 million.”

West Wendover is not the only entity with natural gas pipeline dreams. In December Barrick Gold announced that it would build a 24 mile spur line to Ruby and convert its entire gold mining operation from propane to natural gas. Barrick’s announcement was echoed by Newmont Gold whose representatives told a group of local officials that it would also build a spur line to its new Long Mountain project in the Pequop Mountains.

“i was very interested when they said that,” said West Wendover city councilman Izzy Gutierrez. “And I asked if we could hook up to it. they said that it was something we could talk about more.”

“The thing that should make anyone uneasy about this is this whole project is being done backwards,” Kvam added. “The city is buying the end point delivery system without first making any substantive study on the pipeline cost and believe me there are dozen of variables that could drive the cost way up. Not to mention those unforeseen surprises that happen on every project.”

Wendover has an especially long history of surprises. From the Toana Vista Golf course to the Wendover airport Expansion to the West Wendover City Hall no major project has come in anywhere near the estimated cost or generated anything near the estimated revenues.

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WWHS Wows State With Test Scores

Posted on 22 February 2013 by Howard Copelan

Wolverine MascotWest Wendover Jr/Sr High School received special recognition this month from the Nevada Department of Education as just one of five schools and the only high school to show “High Progress” in academic achievement tests over the past five years.

“We have a steady effort to improve,” said WWHS Principal Craig Kyllonen. “It has bee a real team effort with teachers, staff, parents and of course students.”

WWend letterWest Wendover is a ‘Title 1’ school.

Title 1 is the nation’s oldest and largest federally funded program, according to the U.S. Department of Education. Annually, it provides over $14 billion to school systems across the country for students at risk of failure and living at or near poverty. In fact, over the course of the 2009-2010 school year, federal funding through this program was used by over 56,000 public schools nationwide in order for struggling students to meet state standards in a variety of subject areas.

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Originally, the idea of Title 1 was enacted in 1965 under the Elementary and Secondary Education Act. This policy committed to closing the achievement gap between low-income students and other students. The policy was rewritten in 1994 to improve fundamental goals of helping at-risk students. With the implementation of No Child Left Behind, schools must make adequate yearly progress on state testing and focus on best teaching practices in order to continue receiving funds.

wrecfixedadFor its first ten years of operation WWHS was almost constantly on academic probation as a ‘school in need of improvement’ and considered it good news to make just enough progress on academic achievement test scores to avoid being taken over by the state, sometimes by the skin of its collective teeth.

When a Title I school fails to meet adequate yearly progress (AYP) goals for two or more consecutive years, parents of children in that school have the choice to transfer their children to schools which are (1) not identified as “in need of improvement” and (2) not identified by the state as persistently dangerous schools. However, if all public schools served by the district are classified as schools “in need of improvement,” the district should try to establish a cooperative agreement with other districts in order to provide school choice. Regardless of whether all schools in a district are classified as “in need of improvement,” districts may establish cooperative agreements with one another. The school district must pay for, or provide, transportation to the new school. Public school choice must be provided to eligible students unless prohibited by state law; a district cannot deny school choice to eligible students due to lack of capacity. Finally, the law requires that priority in school choice be given to low-achieving children from low-income families.

shrinersThat changed in 2006 when WWHS received the much coveted accreditation from both federal and state departments of education and was also being singled out by the Nevada School Superintendent as a school “that made significant growth in student achievement” for the entire country.

The most recent honor reflects the schools performance over the last five year Kyllonen explained.

“In the past five years, test scores have improved and our growth is one of the highest in the state,” he said.

Earning the distinction however is not enough for the principal.

“We have to continue to push,” he said. “This is a constant effort and every year has its own challenges.”

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Burleigh, White Pine Settle Malone Law Suit

Posted on 22 February 2013 by Howard Copelan

 

Lin Burleigh

Lin Burleigh

White Pine County Clerk Lin Burleigh settled her law suit against her county last week for $25,000.

The settlement was approved by the county commission.

“I am satisfied that this issue is finally behind us,” Burleigh said.

Burleigh filed suit against the county over the actions of her predecessor Joanne Malone during the 2010 election for county clerk.

A long time assistant county clerk Burleigh claimed Malone fired two months before the 2010 elect for the crime of filing to run for the top spot in the office.

In an open letter to White Pine County voters, Burleigh asserted that she lost her job as the assistant county clerk for filing to seek the top spot.

“According to the registered letter I received, I was terminated because I asked for and received voter registration applications.  On September 10, not as an employee, but on my own time as a candidate and according to Nevada Revised Statutes, I requested voter registration applications.  My request was denied.  On September 13, again, not as an employee but on my own time as a candidate, I requested and received voter registration applications.  On September 20, by registered letter, I received notification I had been terminated from the County Clerk‘s Office for violating her (my opponent’s) policy; yet, N. R. S. 293.509 (2) states “A candidate, major political party, minor political party or other person shall:  (a) Submit a request for forms for the application to register to vote to the county clerk in person, by telephone, in writing or by facsimile machine; and (b) State the number of forms for the application to register to vote that the candidate, major political party, minor political party or other person is requesting…”.    I believe I acted in accordance with the N.R.S.

hrblocknewIn my estimation, the underlying reason my opponent takes such negative action against me is because I filed to become your next White Pine County Clerk.  After my filing, the current Clerk became exceedingly hostile toward me.  Since my filing, I have been subjected to constant accusations, threats harassment and intimidation.  Human Resources has done nothing to remedy the situation, nor was there any due process afforded me. Regarding my 40 damaged, destroyed, and/or stolen campaign signs, please contact the Sheriff’s Office at 289-8808 if you have any information as the person or persons doing this may be guilty of committing a Gross Misdemeanor(s).

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I believe the actions the Clerk has taken against me are in direct violation of Nevada Revised Statute 293.509, Article I, Sections 1 and 2 of the Nevada Constitution, as well as being in direct violation of my Federal civil rights, under both the First and Fourteenth Amendments of the U. S. Constitution.  Needless to say, I am in the process of appealing my termination.”

 

kelyMalone denied the she herself fired Burleigh claiming the woman was transferred to the Human Resources Department a month before her termination. A claim Burleigh dismissed.

While Malone was running as the incumbent it was in fact the first time on the ballot for both women. Malone was appointed less than two years before to replace the retiring Donna Bath.

Most of her settlement money will go to pay her legal fees, Burleigh said.

And while satisfied that the case is over Burleigh real victory came two years ago when she trounced Malone at the polls with 62 percent of the vote compare to her opponents 38 percent.

“Yes it does feel very, very good,” Burleigh said on that election night. “It was really gratifying to receive so much support.”

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