city council marijuana cultivation businesses approved · 12/29/2017  · city of caliente every...

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LINCOLN COUNTY SINCE 1870 THE WEEK OF DECEMBER 29, 2017 Vol. 148, No. 17 75¢ EDITORIAL Time to open Ash Springs to swimmers | Page 4 SPORTS Lincoln County girls pick up pair of wins | Page 5 CITY COUNCIL Marijuana cultivation businesses approved By Mary Cordle It was another full house at the final Caliente City Council meeting of 2017 as marijuana was once again the hot topic. Public comment was opened with Bert Cox taking the floor. He made comments on the Bike Park Project, saying, “I have been able to work on it some and I think it’s a great idea, but I think we need some continued support on it. It’s a great concept if we can get the people coming here. It’s got to be maintained and taken care of long enough to get people here and have a good experience.” Cox mentioned that Ken Dixon was struggling with finding enough money to spray for puncture vines and weeds and said the project is a little on the short side of what it needs to maintain it. “People come here and get flat tires in 30 minutes, and it’s not going to be a plea- surable experience. I think we have one shot getting most people in here.” Cox then mentioned how brother-in- law Warren Eizman and Brandon Burk- hart with Clover Creek Organics, LLC were trying to go after a cultivation of marijuana permit. Cox said the debate is no longer on whether it should be le- gal. “It is legal, and it’s here, and there is nothing to stop the people to buy it in Ve- gas and bring it here.” Cox said that the permit is for culti- vation and not selling locally. He also talked about the need Caliente has for jobs and revenue and his confidence that this project will bring in both. “If we can create a million-dollar revenue for the city of Caliente every year, think of the benefit 55 jobs can do for businesses.” Wes Holt spoke next on how marijuana cultivation might affect the Caliente Youth Center. He commented that the state of Nevada in the last two or three years has tried to move the youth center to Las Ve- gas or someplace else closer to the parents of the children. “Do you think if marijuana is legalized in Caliente it would be easier to move the center? Will that cost more jobs Commission votes against special assessment fees By Dave Maxwell The Board of County Com- missioners voted 3-2 Dec. 18 to not pay three special assess- ment fees mandated by the state for the fiscal year 2018-19. In simple terms, as Com- missioner Varlin Higbee put it, “We’re just saying no.” Commissioners Paul Do- nohue and Nathan Katschke voted in favor of making the payments. “We’ll probably end up hav- ing to pay this anyway,” Dono- hue said. Three items were listed on the commission agenda Dec. 18: $4,523.98 for the Penoyer Valley Groundwater Basin, $22,105.97 for Pahranagat Lake and its tributaries, and $24,728.55 for Pahranagat Lake and its trib- utaries/Ash Springs, a total of $51,358.50. District Attorney Daniel Hooge expressed his thoughts during the meeting that the county get in trouble for refus- ing to pay and would probably be forced to eventually do so anyway. Donohue said, “We have never said we were not going to pay. There is no precedent for us not paying, but three of the commissioners (Higbee, Phillips, and Brackenbury), felt the state is asking us (Lin- coln County) to pay too much money on all sorts of different things. I think the commis- sioners wanted to make a state- ment, but to me, it’s not worth the fight.” He explained the mandated fees are for current use or fu- ture use of water. “It’s not so much the water use right now that counts, it’s the potential for use by somebody someday.” Donohue did not know the end result of what might hap- pen or how the state Depart- ment of Taxation would de- scend upon the county, but expected it would happen in some way. “Maybe they’ll send us a nasty letter which in part will say, it’s not up to us to make those decisions.” Other people have also said privately, it is like the song from the 1955 Broadway musical hit “Damn Yankees,” “Whatever Lola Wants, Lola Gets.” In the meantime, Higbee, who voted in favor of not pay- ing, expressed his concerns that the state over the past 10 years “has passed an awful lot of things onto the county to pay for because the state doesn’t want to.” Donohue said a check of the books in the assessor’s office “might show that it is now tens of thousands of dollars that we have to pay that we didn’t used to have to pay.” Higbee said the state is not allowed by law to levy taxes without a ballot referendum, but gets around that by using the term “special assessments.” “I believe it’s really a tax. If you don’t call it a tax, call it something else, then you can feel good about claiming it is not a tax. But in the last eight to ten years, our taxes have just skyrocketed, but are not called taxes, rather called assessments or administrative fees. They’re hiding behind the language.” Others have often pointed out as William Shakespeare wrote, “That which we call a rose by any other name would smell as sweet.” Higbee said, “It ought to be the water engineer who collects the money from the people who use the water. Why not that of- fice, not the county?” He said he wanted to inves- tigate what might appear to him that the state is collecting almost twice as much from the county in assessments as to what the assessment is paid to the county assessor. In other words, he said, “The county is, in effect, subsidizing the user.” For example, he said, “If Pe- noyer Valley is assessed $1,000 dollars, but the state Depart- ment of Taxation is charging the county $4,523.98, then the county is, in effect, subsidizing Penoyer Valley.” Before he went further with this investigation, he was seek- ing to see what findings the county assessor might have. LINCOLN COUNTY COMMUNITY By Mary Cordle Last Wednesday afternoon, Santa landed at Grover C. Dils Medical Center with a bag full of goodies for the good folks liv- ing there. He and his elves went through the the dining hall handing out teddy bears, hugs, and visiting as they went. Santa, aka Commander Jack Horner, was doing one of the many community activities that the Caliente VFW Post 7114 takes part in throughout the year. Also taking part were Vicki Horner; Sharon Wimsatt, President of the Women’s Aux- iliary; Larry Wimsatt, veteran; and Sativa Courtney, Santa’s helper. The VFW Post 7114 is located at 390 Dixon Street. Santa brings smiles to local hospital Mary Cordle Santa Claus reaches into his bag of goodies during his visit to Grover C. Dils Medical Center. PUBLIC AUCTION BLM land sale raises $145k By Dave Maxwell In keeping with the adminis- tration’s goals of being a good neighbor to the communities served and providing opportu- nities for economic growth, the Bureau of Land Management Ely District, Caliente Field Of - fice on Monday, Dec. 18, held a public auction with the intent of selling one parcel of agency-ad- ministered land totaling 143.7 acres. The lone bidder on the land, located about five miles north- east of Hiko, was the Hay and Cattle, LLC, of Lincoln County, Nev., owned by Mike Can- non, who bought the land for $145,000. “It was a quick sale as no other bidders had applied,” said BLM Ely office reality spe- cialist Susan Grande. At the same time, two other parcels, both in Alamo, re- mained unsold for lack of in- terested buyers. One parcel is 12.2 acres, priced at $154,000, adjacent to Windmill Ridge, and a 10-acre parcel priced at $140,000, is adjacent to Cow- boys Dream. The sale was conducted in accordance with the Lincoln County Conservation, Recre- ation, and Development Act of 2004, complied with the Fed- eral Land Policy and Manage- ment Act of 1976, and was in conformance with the Ely Re- source Management Plan. The Nevada State General Ed- ucation Fund will receive five percent of the sale’s proceeds and Lincoln County will re- ceive 10 percent. The BLM will receive 85 percent for archae- ological resources, wilderness planning and natural resource protection, and recreation and other opportunities in Lincoln County. Cory Lytle, Lincoln County Planning and Building Direc- tor, said the unsold parcels, which are near properties owned by the late Phyllis Frias of Las Vegas, were once thought of as being intended for pur- chase by Mrs. Frias. However, since her passing in 2016, the corporation that runs the two business “seems to not be inter- ested in the additional acreage,” Lytle said. More land sales by the BLM are hoped for in the spring, he said. “It will be in Round 3 and involves several hun- dred acres scattered around Alamo, Pioche, Caliente, and Panaca. The Round 3 environ- mental assessment is in the works right now and it should be completed within the next month or two. And then hope- fully this spring we’ll see those other parcels again up for sale.” > See COUNCIL, Page 3

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Page 1: city couNcil Marijuana cultivation businesses approved · 12/29/2017  · city of Caliente every year, think of the benefit 55 jobs can do for businesses.” Wes Holt spoke next on

lincoln county since 1870

the week of december 29, 2017

Vol. 148, No. 17

75¢

editorial

Time to open Ash Springs to swimmers | Page 4sports

Lincoln County girls pick up pair of wins | Page 5

city couNcil

Marijuana cultivation businesses approvedBy Mary Cordle

It was another full house at the final Caliente City Council meeting of 2017 as marijuana was once again the hot topic.

Public comment was opened with Bert Cox taking the floor. He made comments on the Bike Park Project, saying, “I have been able to work on it some and I think it’s a great idea, but I think we need some continued support on it. It’s a great concept if we can get the people coming here. It’s got to be maintained and taken

care of long enough to get people here and have a good experience.”

Cox mentioned that Ken Dixon was struggling with finding enough money to spray for puncture vines and weeds and said the project is a little on the short side of what it needs to maintain it. “People come here and get flat tires in 30 minutes, and it’s not going to be a plea-surable experience. I think we have one shot getting most people in here.”

Cox then mentioned how brother-in-law Warren Eizman and Brandon Burk-

hart with Clover Creek Organics, LLC were trying to go after a cultivation of marijuana permit. Cox said the debate is no longer on whether it should be le-gal. “It is legal, and it’s here, and there is nothing to stop the people to buy it in Ve-gas and bring it here.”

Cox said that the permit is for culti-vation and not selling locally. He also talked about the need Caliente has for jobs and revenue and his confidence that this project will bring in both. “If we can create a million-dollar revenue for the

city of Caliente every year, think of the benefit 55 jobs can do for businesses.”

Wes Holt spoke next on how marijuana cultivation might affect the Caliente Youth Center. He commented that the state of Nevada in the last two or three years has tried to move the youth center to Las Ve-gas or someplace else closer to the parents of the children. “Do you think if marijuana is legalized in Caliente it would be easier to move the center? Will that cost more jobs

commission votes against special assessment feesBy Dave Maxwell

The Board of County Com-missioners voted 3-2 Dec. 18 to not pay three special assess-ment fees mandated by the state for the fiscal year 2018-19.

In simple terms, as Com-missioner Varlin Higbee put it, “We’re just saying no.”

Commissioners Paul Do-nohue and Nathan Katschke voted in favor of making the payments.

“We’ll probably end up hav-ing to pay this anyway,” Dono-hue said.

Three items were listed on the commission agenda Dec. 18: $4,523.98 for the Penoyer Valley Groundwater Basin, $22,105.97 for Pahranagat Lake and its tributaries, and $24,728.55 for Pahranagat Lake and its trib-utaries/Ash Springs, a total of $51,358.50.

District Attorney Daniel Hooge expressed his thoughts during the meeting that the county get in trouble for refus-ing to pay and would probably be forced to eventually do so anyway.

Donohue said, “We have never said we were not going to pay. There is no precedent for us not paying, but three of the commissioners (Higbee, Phillips, and Brackenbury), felt the state is asking us (Lin-coln County) to pay too much money on all sorts of different things. I think the commis-sioners wanted to make a state-ment, but to me, it’s not worth the fight.”

He explained the mandated fees are for current use or fu-ture use of water. “It’s not so much the water use right now that counts, it’s the potential for use by somebody someday.”

Donohue did not know the end result of what might hap-pen or how the state Depart-ment of Taxation would de-scend upon the county, but expected it would happen in some way. “Maybe they’ll send us a nasty letter which in part will say, it’s not up to us to make those decisions.”

Other people have also said

privately, it is like the song from the 1955 Broadway musical hit “Damn Yankees,” “Whatever Lola Wants, Lola Gets.”

In the meantime, Higbee, who voted in favor of not pay-ing, expressed his concerns that the state over the past 10 years “has passed an awful lot of things onto the county to pay for because the state doesn’t want to.”

Donohue said a check of the books in the assessor’s office “might show that it is now tens of thousands of dollars that we have to pay that we didn’t used to have to pay.”

Higbee said the state is not allowed by law to levy taxes without a ballot referendum, but gets around that by using the term “special assessments.”

“I believe it’s really a tax. If you don’t call it a tax, call it something else, then you can feel good about claiming it is not a tax. But in the last eight to ten years, our taxes have just skyrocketed, but are not called taxes, rather called assessments or administrative fees. They’re hiding behind the language.”

Others have often pointed out as William Shakespeare wrote, “That which we call a rose by any other name would smell as sweet.”

Higbee said, “It ought to be the water engineer who collects the money from the people who use the water. Why not that of-fice, not the county?”

He said he wanted to inves-tigate what might appear to him that the state is collecting almost twice as much from the county in assessments as to what the assessment is paid to the county assessor. In other words, he said, “The county is, in effect, subsidizing the user.”

For example, he said, “If Pe-noyer Valley is assessed $1,000 dollars, but the state Depart-ment of Taxation is charging the county $4,523.98, then the county is, in effect, subsidizing Penoyer Valley.”

Before he went further with this investigation, he was seek-ing to see what findings the county assessor might have.

liNcolN couNtycommuNity

By Mary Cordle

Last Wednesday afternoon, Santa landed at Grover C. Dils Medical Center with a bag full of goodies for the good folks liv-ing there. He and his elves went through the the dining hall handing out teddy bears, hugs, and visiting as they went.

Santa, aka Commander Jack Horner, was doing one of the many community activities that the Caliente VFW Post 7114 takes part in throughout the year.

Also taking part were Vicki Horner; Sharon Wimsatt, President of the Women’s Aux-iliary; Larry Wimsatt, veteran; and Sativa Courtney, Santa’s helper.

The VFW Post 7114 is located at 390 Dixon Street.

santa brings smiles to local hospital

Mary CordleSanta Claus reaches into his bag of goodies during his visit to Grover C. Dils Medical Center.

public auctioN

BLM land sale raises $145kBy Dave Maxwell

In keeping with the adminis-tration’s goals of being a good neighbor to the communities served and providing opportu-nities for economic growth, the Bureau of Land Management Ely District, Caliente Field Of-fice on Monday, Dec. 18, held a public auction with the intent of selling one parcel of agency-ad-ministered land totaling 143.7 acres.

The lone bidder on the land, located about five miles north-east of Hiko, was the Hay and Cattle, LLC, of Lincoln County, Nev., owned by Mike Can-non, who bought the land for $145,000.

“It was a quick sale as no other bidders had applied,” said BLM Ely office reality spe-cialist Susan Grande.

At the same time, two other parcels, both in Alamo, re-

mained unsold for lack of in-terested buyers. One parcel is 12.2 acres, priced at $154,000, adjacent to Windmill Ridge, and a 10-acre parcel priced at $140,000, is adjacent to Cow-boys Dream.

The sale was conducted in accordance with the Lincoln County Conservation, Recre-ation, and Development Act of 2004, complied with the Fed-eral Land Policy and Manage-ment Act of 1976, and was in conformance with the Ely Re-source Management Plan.

The Nevada State General Ed-ucation Fund will receive five percent of the sale’s proceeds and Lincoln County will re-ceive 10 percent. The BLM will receive 85 percent for archae-ological resources, wilderness planning and natural resource protection, and recreation and other opportunities in Lincoln County.

Cory Lytle, Lincoln County Planning and Building Direc-tor, said the unsold parcels, which are near properties owned by the late Phyllis Frias of Las Vegas, were once thought of as being intended for pur-chase by Mrs. Frias. However, since her passing in 2016, the corporation that runs the two business “seems to not be inter-ested in the additional acreage,” Lytle said.

More land sales by the BLM are hoped for in the spring, he said. “It will be in Round 3 and involves several hun-dred acres scattered around Alamo, Pioche, Caliente, and Panaca. The Round 3 environ-mental assessment is in the works right now and it should be completed within the next month or two. And then hope-fully this spring we’ll see those other parcels again up for sale.”

> See COUNCIL, Page 3

Page 2: city couNcil Marijuana cultivation businesses approved · 12/29/2017  · city of Caliente every year, think of the benefit 55 jobs can do for businesses.” Wes Holt spoke next on

your seVeN-day forecasttoday saturday suNday moNday tuesday wedNesday thursday

60/33Plenty of sunshine

55/31Sun through high clouds

58/27Rather cloudy

61/29Partly sunny and warm

58/30Times of clouds and sun

54/29Sun and areas of low clouds

58/31Low clouds

page 2 Lincoln County Record || The Week of Dec. 29, 2017

Bella Voce brings life to christmas season with annual concert in PanacaBy Collin Anderson

Plato once said, “Music gives a soul to the universe, wings to the mind, flight to the imagination, and life to every-thing.”

Bella Voce of Lincoln County once again brought life to the Christmas sea-son with its annual holiday concert held last weekend at the Neldon C. Mathews Center in Panaca. The concert was free to attend with donations accepted at the door.

The concert began with introduc-tions by the group’s director, Klark Black. He began by thanking the au-dience for coming, as well as thanking the members of the choir for their help in setting up the concert. He specif-ically mentioned Marty Buschman, who had, in his words, been his “right-hand man” during the preparations. He continued to express his gratitude for the accompaniment provided by

Karen Culverwell and Jessica Truman, as well as the assistance of many oth-ers.

With those acknowledgements, we heard our first few numbers. The au-dience was silent as we were guided through a selection of songs from Han-del’s “Messiah.” This piece of musical history was written by one of the great-est musical minds of his time, and the voices of Bella Voce did it justice.

With few breaks, the choir finished these select few songs (the actual “Mes-siah” contains 53 songs and could take up hours to hear in its entirety) with the awe-inspiring “Hallelujah.” As the final notes were sung, the audience finally re-ceived their chance to applaud the choir for their performance so far, after which we were given a short intermission be-fore the second act.

The latter half of the concert was filled with emotional pieces dedicated to the birth of Christ, all of which were expertly performed. The highlights of the concert included “Do You Hear What I Hear?”, which depicts the way that the message of the nativity and was able to spread from a few quiet words on the wind all the way to kings and their subjects, describing the way that Jesus’ message has been able to reach every ear. The audience was pleased to hear the “Carol of the Bells,” a favorite song of the season. These songs and more were presented with care and devotion by the members of the choir, and by the end of it all, the message of the night was easy to see: that there is hope because a baby was born in Bethlehem.

Overall, the concert was well put to-gether, and every member of the choir did their part in entertaining and uplift-ing the audience.

Page 3: city couNcil Marijuana cultivation businesses approved · 12/29/2017  · city of Caliente every year, think of the benefit 55 jobs can do for businesses.” Wes Holt spoke next on

thursday

58/31Low clouds

page 3Lincoln County Record || The Week of Dec. 29, 2017

obituarybarbara JeaN masoN waNket

Barbara Jean Singleton Mason Wan-ket, went to see the Lord on December

20, 2017 at 83 years of age. She was married to Clar-ence Joseph Ma-son in 1953. They had four chil-dren, Mark, Daryl (Linda), Michael and Dianne. She had three grand-children; Mark Jr. (Lisa), Brenda (Ca-sey), and Danny

(Taylor) and two great grandchildren Peyton and Nico. They were divorced in

1979.Later in 1986, Barbara met Jerry

Coombes and gained three wonderful step children. Adrian, Andrea and Char-lie who is deceased. Jerry died in 2005. Barbara then married Achiel Wanket in 2008 and is survived by six awesome step children and their spouses, 18 grandchil-dren and one great grandchild.

A viewing was held on Tuesday, Dec. 26 at Southern Nevada Mortuary from 4 to 6 p.m. with a Rosary that followed after. Funeral Mass will be held on Fri-day, Jan. 5, 2018 at the Catholic Church in Caliente. Arrangements are being han-dled by Southern Nevada Mortuary. On-line condolences can be made at www.snmortuary.com

Barbara Jean Mason Wanket

than we have coming in?”Eizman responded, “We’re involved in

a legalized business; it’s legal in the state of Nevada. I compare it to how we used to sell alcohol at our convenience store. We have a need in the area for more funds.”

Turning to Cox, Holt asked if Cox was financially involved in the project, and Cox responded yes. Holt asked if Cox would be willing to give the city a prom-issory note. “Can we take your property and sell it for the million dollars the city is supposed to get? Are you willing to tie up your house and property?”

City attorney Dylan Frehner told them they had to finish this after the meeting, as it was public comment, not the time for discussion. Holt concluded by say-ing he is personally opposed to it, having had a son that died from drugs.

On to the items on the agenda.The first reading of Bill #2017-02 Ordi-

nance #183, an ordinance amending Title 4 of the Caliente Code to add to Chapter 9, pertaining to recreational marijuana establishments and setting forth the pro-cedures, regulations, and requirements for the issuance of a marijuana estab-lishment licenses; establishing fees and taxes required for such licenses; setting forth the provisions for renewal of such licenses and other matters properly re-lated, thereto was read. Support material for this was provided.

Councilman John Ahlstrom had ques-tions about sales, stating that some of these are cash only, so how would trans-actions be verified? Frehner said that was through the Department of Taxation and that the business would be required to have barcodes on every single plant.

Brenda Northup told the council that her role with Clover Creek is production manager, to oversee the application pro-cess as they go forward, and she is Pro-spective CFO and HR Compliance Man-ager for the company. She said she has been watching the compliance issue and the state of Nevada does require a seed-to-sale tracking method. They have a mandated that companies have software to track and trace all products including the plant, whether recreational or medi-cal. Each plant has a microchip in it that is tracked 100 percent through sales.

“Once the product leaves our facility it is tracked by another licensed person who is allowed to transport it, and it is tracked from there; everything is computerized.”

Ahlstrom asked if it was possible that someone could do something that was not state verified, controlled, or regulated. Northup said everything is going to be very secure. “No one is allowed on site unless they have a Marijuana Established Agent card, which is mandated by the state. So only those who are authorized and vetted

are allowed to hold these cards.” The council went on to discuss approv-

ing or denying a conditional use for War-ren Eizman/Clover Creek Organics, LLC, to cultivate cannabis on zoned agricultural.

Mayor Tommy Rowe said he had called Mike Wilden at the governor’s office and asked if he thought that this business would have a negative effect on the Youth Center and whether he thought that any-thing would have a stigma. He was told that it would make no difference at all. As far as the state was concerned, espe-cially with it being outside of town, there would be no questions at all.

The mayor asked for a motion. Coun-cilman Victor Jones made a motion to approve on the condition that the land-owner come in and sign the needed pa-perwork, and Rowe seconded. Jones and Rowe voted “aye,” with Ahlstrom and Christensen voting “nay,” noting that it was a good plan, but that they voted on moral grounds, not wanting to support it and for the people who oppose it.

Rowe broke the tie to approve.Next on the agenda was to approve or

deny a conditional business license for Warren Eizman/Clover Creek Organics, LLC, to cultivate cannabis within the city limits. The action was approved along the same voting lines.

Also discussed was approving or deny-ing a conditional business license for Todd Davis/Caliente Development Company, LLC, to cultivate cannabis within city lim-its. When they came to the last meeting, their location was next to the Industrial Park. With the proposed ordinance of a two-mile radius from town, if passed, it would have to find a new location.

Jones made a motion to approve the conditional business license with con-ditions that followed with the proposed ordinance. Rowe seconded. Rowe, as mayor, broke the tie voting to approve.

Next was approving or denying a con-ditional business license for John Goss to cultivate cannabis within the city limits and wanting to add the business name MJ Distributing, Inc. for reference. Their loca-tion, 15171 State Route 317, is not in the city limits, but John Huston, who had started the process, then stopped, has started again. To be annexed, the land has to be continuous connected to city property.

Frehner stated that there are a lot of breaks and doesn’t know if it can hap-pen. Rowe said that seeing that they had approved the others, they should ap-prove this one with the same conditions. Jones seconded and once again, Rowe broke the tie to approve.

All councilmen voted to approve waiv-ing December utility late fees.

The first reading of Bill #2017-03 Or-dinance #184 occurred. The bill would annexx APN 013-110-07, approximately 40 acres owned by Burt and Natalie Cox, into the city limits. Cox wanted to request that the property be zoned industrial.

The next meeting will be Jan. 4.

councilcontinued from Page 1

free first day hike at echo caNyoN state parkLCR

Celebrate the New Year with park staff by enjoying an invigorating hike, followed by warm refreshments. Please remember to dress for the weather, wear sturdy hiking shoes and bring plenty of drinking water on this 3-mile moderate hike. This event may be subject to cancellation due to inclement weather.

The event is on Monday, Jan. 1, 10 a.m. to 12 p.m. at Echo Canyon State Park. Meet at the Ash Canyon trail head located in the lower campground. Admission is free Free

For more info, contact Jordan Adams at 775-962-5103 or 775-962-5102 or email [email protected]

elementary students visit hospitalBy Mary Cordle

Caliente Elementary students enter-tained the folks at the hospital on Thurs-day morning and afternoon. Arriving on the bus class by class, they lined up to head into the dining room to sing and dance their way into every heart that was there. The expressions on the faces were priceless as people listened and clapped. The kids then went around the room telling everyone Merry Christmas and giving hugs. As the last of the morning group left, the residents were talking ex-citedly about the ones coming after lunch.

As you look around the dining room and the outside patio, you notice the new popcorn maker the auxiliary ladies who run the Thrift Shop have bought for the Long Care patients. The auxiliary ladies have donated $14,000 this year. All prof-its come from the donations and sales from the Thrift Store located behind the old hospital, open Monday-Friday from 11 a.m. to 3 p.m.

Mary CordleCaliente Elementary Students enter Grover C. Dils Medical Center to visit and entertain those staying at the hospital.

county student-athletes earn honors in All-state football pollBy Dave Maxwell

1A Southern League Most Valuable Player Richard Lewis of Pahranagat Valley was given an Honorable Mention in the Las Vegas Review-Journal Nevada Preps All-State football poll as selected by the coaches.

He is the only 1A player on the list.Lewis, who helped the Panther regain

the state championship with their win over defending champion Spring Moun-tain, as a receiver caught 21 passes for 620 yards and 14 touchdowns. He was

tied for second most tackles on the team during the season, 37, with teammate Haigen Huntsman.

Noah Smith of Lincoln County was also given Honorable Mention. Smith helped Lincoln County to an 8-4 record, second place in the 2A South-ern League. He was the team’s leading rusher with 1044 yards and 15 touch-downs. As pass receiver he had seven catches and one touchdown. He was also the team’s leading scorer with 118 points and led the team in tackles with 42.

Page 4: city couNcil Marijuana cultivation businesses approved · 12/29/2017  · city of Caliente every year, think of the benefit 55 jobs can do for businesses.” Wes Holt spoke next on

opiNioNwrite to us

Lincoln County [email protected]

The Week of Dec. 29, 2017Lincoln County Record

Page 4

editorial

Time to reopen Ash Springs to swimmersThe Lincoln Country Record re-

ported that the popular swim-ming hole at the Ash Springs hot springs north of Alamo

was shut down because of possible safety hazards.

Someone had noticed a child playing near a wall of rocks that looked as if it might collapse any moment and a local law enforcement officer brought it to the attention of the Bureau of Land Management.

Victoria Barr of the Caliente BLM of-fice told the newspaper, “The structural instability as well as bank erosion and undercutting has caused a concern for public safety.”

The report said the repairs might move slowly due to the presence of two federally protected fish — the Pahrana-gat roundtail chub and the White River springfish.

“The amount of time needed for re-pairs is uncertain at this time, but Barr thinks it could be, ‘weeks at this point,’” the paper recounted. “She said their

plan is to go through an official closure, and then start a collaborative planning process with the stakeholders and other federal agencies. ‘We anticipate public meetings,’ she said, and when those meetings get scheduled, will be able to inform the public.”

Lincoln County Commissioner Adam Katschke said, “We miss having it open, especially the businesses in Alamo and Pahranagat Valley.”

Those “weeks at this point” have turned into four and half years. That report was published in July 2013 and the ol’ swimming hole remains closed to this day, testimony to the glacial pace of the federal land agencies that control 85 percent of the land in Nevada.

The Las Vegas newspaper reported recently that a BLM official said the agency is nearly finished with a draft environmental assessment for the site, but she could not predict when it might be made available for public scrutiny. So, paperwork has been pushed, but no dirt.

Local residents are said to be anxious to see Ash Springs reopen, but are con-cerned about how well the BLM would manage the popular tourist site if and when it does.

The paper quoted nearby land owner Cody Whipple as saying he and others would like to see the site turned into a small resort with fees collected for upkeep and repairs. He said the BLM is not in the resort business.

A group called Friends of Pahrana-gat Valley has stated they would like to create some soaking pools next to a fenced natural area where swimming would be prohibited to protect native plants and fish. Their plans include changing rooms, boardwalks and trails, improved restrooms, a paved parking lot, picnic pavilions, a playground and courts for basketball and sand volley-ball.

According to a Sunday editorial in the Las Vegas newspaper, the man in charge of the BLM, Interior Secretary Ryan Zinke, commented to the paper

recently about the lengthy closure of Ash Springs, “This is exactly why the federal government needs to clean up our act. I’m not in the business of lock-ing the public out.”

Zinke said Ash Springs will again be open and chided his agency for taking so long to resolve the issue. “We need to work with local communities and be better neighbors …” he was quoted as saying. “Local voices hadn’t been heard and people rightfully get upset when they get locked out.”

Perhaps a few of Zinke’s minions who would like to continue in their cushy, well-paid government jobs should pay heed to what the boss just said.

Whatever happens, it should be sooner rather than later for the bene-fit of the local residents and potential tourists who would help spur local businesses.

Frankly, the BLM should consider turning over the property to the state, county or a local entity — nonprofit or for-profit. — TM

what evidence is pertinent in Bundy trials?

thomas mitchellcommeNtary

Pardon us plebs, but we are a tad bit confused about just what is admissible evidence in the Bun-kerville standoff trials.

This past week, about a month into the second of three scheduled trials, the judge declared a mistrial because the prosecution had failed to timely turn over potentially exculpatory evidence to the defense.

Federal Judge Gloria Navarro listed six instances in which prosecutors willfully withheld evidence — including information about an FBI surveillance camera, documents citing the presence of snipers, certain maps, FBI logs, threat assessments that showed the Bundys weren’t violent and internal affairs doc-uments detailing possible misdeeds by the Bureau of Land Management agent in charge, who was later fired.

The judge ruled the material might have been useful in shaping a defense for the protesters who showed up at Cliven Bundy’s ranch in April 2014 when BLM agents attempted to im-pound 500 head of his cattle for failing to pay $1 million in grazing fees and fines for two decades.

According to press accounts, Judge Navarro noted FBI log entries said “snipers were inserted” outside the Bundy home, though prosecutors pre-viously denied any snipers were posted and now say they were unaware of the FBI log showing otherwise. Ignorance is no accuse, the judge chided.

Curious. In an earlier trial, Judge Na-varro kicked defendant Erik Parker off the witness stand for trying to mention where a BLM sniper was positioned. He was not allowed to continue his defense.

During that trial the judge had granted a sweeping prosecution motion to bar arguments about the defendants’ “state of mind,” such as whether they were provoked by the government’s massive show of force.

She ruled that defense could not men-tion nor show video or audio depicting the arrest of Cliven’s son Dave Bundy in which he was wrestled to the ground; nor any recordings showing the tasering of son Ammon Bundy or a BLM agent grabbing Cliven’s sister Margaret Hous-ton from behind and throwing her to the ground; nor any testimony or opinion about the level of force displayed by law enforcement; nor references to Bundy’s grazing, water, or legacy rights on the public lands; no references to infringe-ments on First and Second Amendment rights; and no mention of the punish-ment the defendants faced if convicted.

It appears some of the very things not allowed in evidence at an earlier trial are now grounds for a mistrial because the de-fense was not provided documentation.

To add further to the contortions and machinations of this case, just days

before the judge declared a mistrial the prosecution filed a motion similar to the one granted in the prior trial. It asked the judge to not allow the intro-duction of “evidence or argument at trial that relate to instigation/provocation, self-defense/defense of others, entrap-ment, justification for violent self-help, impermissible state of mind justifica-tion, and collateral attacks on the court orders.” The motion said presenting any of this to the jury would amount to jury nullification.

In this trial Cliven Bundy and sons Ryan and Ammon, as well as self-styled militia member Ryan Payne, face charges that include obstruction of justice, conspiracy, extortion, assault and impeding federal officers.

Faced with armed protesters during the cattle impoundment, agents released the cattle rather than risk a shootout.

“The law does not permit the defen-dants to expand the legally cognizable defense of self-defense against a law enforcement officer by incorporating instigation and provocation,” the latest motion states. “To do so would evis-cerate the well-recognized elements of self-defense. Defendants, rather, seek to introduce evidence of instigation and provocation to obtain jury nullification. Jury nullification is illegal.”

Rather than slap a lien on the Bundy ranch and cattle or freeze the ranch’s bank accounts, the BLM instead chose to send in an armed force to oversee the rounding up of Bundy’s cattle by contracted cowboys. The operation has been estimated to have cost $3 million. Once the cattle were corralled and off the grazing range, there was no hay to feed them and reportedly no one willing to take the cattle.

Additionally, withheld documents reportedly included statements that no threatened desert tortoises were ever found to be harmed by Bundy’s cattle, the reason the BLM tried to limit his grazing in the first place.

A hearing in the case is set for Janu-ary. Unless the judge decides to dismiss the charges, a retrial is slated for late February. What evidence would be allowed?

Thomas Mitchell is a longtime Nevada newspaper columnist. You may email him at [email protected]. He also blogs at http://4thst8.word-press.com/.

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sportslchs girls basketball

Lincoln County girls pick up pair of winsBy Marinda Lamb

The Lincoln County High School Lady Lynx basketball team earned two home wins, a 51-41 victory over Alamo on Dec. 19, and a 53-40 triumph over Needles on Dec. 21.

The wins put the Lady Lynx at 9-1 overall and undefeated in league play.

Lincoln got going early against Pahranagat, ending the quarter with a 20-6 lead. Brynlee Wadsworth drove to the hoop for the first points of the game. Later, Sadie Soderborg splashed a deep two. Wadsworth answered a Pahrana-gat score with another two points. And

Kailey Kelley, Kendra Mathews, and Brooklyn Hafen all scored to help the Lady Lynx expand their lead.

In the second quarter Pahranagat Val-ley chipped away, knocking it down to 10 points at halftime.

In the third quarter, Kelley drained a 3-pointer. Hafen scored off an offensive re-bound, and Kylee Cameron also scored on a layup. However, the Lady Panthers were able to get the game to within six points near the end of the third. But Wadsworth answered with a deep two, and the Lady Lynx ended the quarter strong to take a 39-27 lead into the fourth quarter.

The Lady Panthers continued to fight,

but Lincoln was able to answer to main-tain the lead. Wadsworth, Hafen, and Kelley each scored 10 points. Karley Whipple had 16 points, and Morgan Harris had 11 for Pahranagat.

Against Needles, the Lady Lynx once again came out as strong, allowing the Lady Mustangs to score just six points in the first quarter while scoring 15 points themselves.

The second quarter wasn’t too dif-ferent. The Lady Lynx started off their scoring with a three and just went up from there. The score at the end of the second was 26-13, Lincoln.

The third quarter was where Needles

started to pick it up. They doubled their score plus some. However, Lincoln was still playing hard. Hafen started off the scoring with an assist from Wadsworth. The Lady Lynx did a good job of keeping up plays like that all quarter.

Needles kept pushing and even out-scored Lincoln in the fourth quarter. But it wasn’t enough, as Lincoln still won 53-40. Kelley had a total of 21 points. Hafen had 15. Brynlee Wadsworth had 11. Preslee Murch and Paige Murch each had 13 points for Needles. Jasmine Mejia had 10.

Lincoln finishes the Steve Hodson Classic today and hosts Lake Mead and Laughlin next weekend.

lchs boys basketball

lynx fall in back-to-back tight gamesBy Marinda Lamb

The Lincoln County High School Lynx basketball team lost two home games against a couple solid opponents by two points each. On Dec. 19, the Lynx hosted Pahranagat Valley and had the rival on the ropes before the Panthers rallied for a 53-51 win.

On Dec. 21, Lincoln took on league foe Needles and fell in overtime 48-46. The game couldn’t have been any closer. Needles led 12-11 after the first quarter, but the teams went into halftime tied. They scored nine points each in the third quarter and also played the fourth quarter to a draw with the scoring pick-ing up at 18 points a piece.

Elijah Harr got things going for the Lynx offensively in the first quarter with a driving layup, and Noah Smith got into the action with a layin plus a foul shot. Alex Vincent and Harr stood out defensively for the Lynx in the quarter, with Vincent earning an assist on a Kobe Walker three.

Noah Smith scored on another layup for the Lynx. Kamdon Lewis came in the game and gave the Lynx a boost with a few solid rebounds. However, the Mus-

tangs offense picked up late in the quar-ter to tie the game then took the lead on a free throw.

Both teams struggled to score in the second quarter. A Harr drive broke the lid on the basket for the Lynx. Jordan Cameron also came off the bench to get a layup and some rebounds. Turnovers hurt the Lynx in the quarter, but the team still managed to outscore Needles by a point to tie it at the half.

The Lynx struck first in the second half with Smith scoring off a Harr pass down low. Landen Smith later scored on a layup and a few minutes later got an offensive rebound and went up for an-other score.

Vincent’s strong defense continued as he got a steal and raced down the court, was fouled on the shot attempt, and con-nected on a free throw. The Mustangs managed to answer on their end to keep the game tied heading into the fourth.

In the fourth quarter, both teams picked things up offensively. The Lynx offensive highlights included two 3-point plays from Vincent, the second coming off a Cameron steal. Hustle plays and more tough defense led to scores for the Lynx, but the Mustangs had answers,

and in overtime, the Lynx managed just two points, allowing Needles to pull out the road win.

Vincent had 13 points for the Lynx. Harr and Noah Smith each had 10. Nee-dles was led by Irving Juarez with 14 points. Gilman Jenkins had 10.

Against Pahranagat, scoring for the Lynx started out slow as the team had two points midway through the first quarter, and Lincoln trailed 18-8 by the end of the period.

It was a different story in the second quarter with the Lynx outscoring the Panthers by nine.

In the third quarter, the momentum completely swung Lincoln’s way, and it ended with a score of 44-35, Lynx.

However, the Panthers picked up their defensive intensity and forced turnovers to retake the lead in the fourth and held on for the 2-point win.

Culen Highbe and Brodey Maxwell had 11 points for the Panthers and Rich-ard Lewis added 10. Kobe Walker led the Lynx with 13 points and Alex Vincent finished with 12.

The Lynx are finishing up the Tri-State Holiday Invitational today, and host Lake Mead and Laughlin next weekend.

Panthers compete at ely lions invitationalBy Dave Maxwell

Salvador Heredia won his first tour-nament of the season for Pahranagat Valley in the eight-team Ely Lions Invi-tational Dec. 21.

“We only took four kids to Ely because of illness, injuries, and other ailments, but all of them placed.” said Coach Brad Loveday. “Six of my wrestlers have been unable to even practice because of ill-ness and injury, so the holiday break will be very helpful for us to get healthy and heal up.”

Heredia, fourth place medalist at state last year, won all three of his matches in the 113-pound bracket. Reece Thornton (195) and Tate Leavitt (220) both placed second and Jonathan Dillingham (170) placed third.

Thornton lost by pin to Tristan Cord-ingley of Battle Mountain, who was the 182-pound state runner-up last year.

Heredia dominated in his weight class, Loveday said. “Had two pins in the first period.”

“Reece was ahead in the third round,” Loveday said, but had been ill most of the week, “and we even had to stop the match twice for injury timeout, then in his somewhat weakened state, he just ran out of gas and got pinned,” Loveday said.

Dillingham was 1-2 at the tournament. “But he had his opponent on his back a couple of times, but the man got loose and later won the match,” Loveday said.

Freshman teammate Tate Leavitt won two and lost one to place second in his

weight class.After the Christmas holidays, the

Panthers will host the Pahranagat Val-ley Invitational. “We have about 11-12 teams signed up,” Loveday said. “Mostly schools from the southern region, six big schools and five small schools.”

Teams expected include Boulder City, Moapa Valley, Sunrise Mountain, Pahrump, Valley, and possibly Des-ert Oasis. Also Lincoln County, PVHS,

West Wendover, Indian Springs, Beaver Dam, and Lake Mead.

Loveday explained, “Our tournament is usually the first Friday after New Year, but because the way the calendar fell this year, it happened to fall on the same weekend as a big tournament at Spring Creek, which is closer for the northern teams to attend, some of whom have participated in our tournament in previ-ous years.”

pVhs wrestliNg

Dave MaxwellSalvador Heredia (113) ready to go in a recent match. He won the Ely Lions Invi-tational Dec. 21.

pVhs boys basketball

By Dave Maxwell

First-year coach Michael Strong at Pahranagat Valley High says, “It is one big learning experience. I try to learn something new every day. Things like when to call a timeout, when not to call a timeout, learning more about the play-ers and who can do what. I think we are starting to settle down and have selected our usual starting five: Preston Higbee, Stockton Maxwell, Brodey Maxwell, Richard Lewis, and Culen Higbee.”

He explained Higbee is the point guard; Stockton is the shooting guard; small forward is Brodey; power for-ward is Richard; and the center is Cu-len.

“Preston is really good on the ball, takes care of it well, a person you need on the floor and able to get us into the offenses we want to run. Nice to have a sophomore in that position to build for the future. Stockton is a good shooter and rebounder. Brodey is a great de-fender and quick to the basket with the ball. Richard is playing more aggressive this year and we need him to be even more aggressive offensively. Culen, at 6 feet 9 inches, is being double-teamed a lot with teams focusing on taking him away. Our guards are not as experi-enced yet on how to get the ball into him and as the season goes along the guards will be learn better how to enter the ball into the post in different ways. We are working on ways to do that more effec-tively.”

The Panthers are 8-2 at the Christmas break having won their last five straight.

They played at Lincoln County Dec. 19 and pulled out an exciting come from be-hind 53-51 win in the only meeting of the season between the teams.

Strong said, “We’re at our best when we are in transition, flying up and down the floor and not setting up an offense.”

Trailing by 11 points in the fourth quarter, Strong said, “strengthening the defense and creating transition baskets off a trap or turnover” was what turned momentum toward Pahranagat to get the win at Lincoln. Highbe even had a breakaway slam dunk to the roaring de-light of the PVHS fans in attendance. He and Brodey Maxwell lead the team with 11 points each. Richard Lewis added 10.

For Lincoln, Alex Vincent had 12 points and Kobe Walker tallied 13.

On Saturday, the Pahranagat boys and girls will host Lake Mead Academy. The boys will play at home again against Vir-gin Valley Jan. 4, then both the boys and girls teams will play at Mountain View Jan. 5.

new Pahranagat coach embracing learning experience

the panthers are 8-2 at the christmas break having won their last five straight.

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