Vol. 2,  No. 1          Oct. 31, 2004

.
 

CRIMINAL DEFENSE
JOHN E. OAKES, ATTORNEY AT LAW
1385 HASKELL, RENO, 775-324-6257
FREE CONSULTATION
"Just Say No'

COPYWRITING
PROFESSIONAL FREELANCE COPYWRITER
AVAILABLE. OVER 40 YEARS EXPERIENCE
PUBLICITY, PROMOTIONS, ADVERTSING
D.M.LOCKE SERVICES
775-786-3525 8A.M.-4P.M.

   
Thousands Flock To The Polls Early Voting A Huge Success
State Results Will Be Posted Here As They Become Known
by Johnny Gunn

As we go to press, early voting is bringing thousands to the polls. Clark County Registrar of Voters Larry Lomax estimated about 28,000 voters turned out the first weekend, and Washoe County Registrar of Voters Dan Burk said "It's been very solid all day," on the first day of early voting. Many feel that if anything is going to get voters to the polls, it will be the ease of early voting.

The Nevada Observer visited several early voting locations in Washoe County and found lines in every one. At Park Lane Mall on Virginia and Plumb in Reno, there was a wait of about 35 to 45 minutes most of the day, Oct. 22. Statewide, the number of people voting early stood at 113,428 on that date.

There haven't been any reports, early, of electronic voting machine failures, and some of the problems with poll workers that happened during the Primary Election have been cleared up.

Votes will be tabulated following close of the voting, 7 p.m., Nov. 2. The Nevada Observer will put out special editions each time there is a significant change in the tabulations, probably once per day as information is received in the newsroom. Our coverage will be aimed at the Nevada Congressional races, the state legislature, Supreme Court, and District Court races along with the statewide ballot questions. In a few cases, we will watch some of the local issues in individual counties.

Secretary of State Dean Heller was working overtime during the last few months to get the number of registered voters over the one million mark, and on October 22, he released a statement saying voter registration has topped that mark, standing at 1,071,101. As Heller pointed out, this represents about 65 percent of those who are eligible to register. It's the first time there have been one million or more registered voters in the Silver State. The two major parties are separated by slightly more than 4,000 voters, with Republicans continuing to outnumber Democrats. The big unknown is the non-partisan vote. It's a big number, and what they do could swing many races either way.

"Hopefully," Heller says, "the enthusiasm and interest in this year's election will carry over to people actually casting their ballot." Heller said he would like to see a turn out of at least 75 percent for this election. In 2002 General election, less than 60 percent actually voted. In 2000, the figure was close to 70 percent. This year, as in 2000, is a presidential election, and that traditionally brings more voters to the polls.

One fear in the minds of many who follow politics is how many of these new voters, new registrants, will actually take the time to educate themselves on the issues. The ballot this year is large, with many statewide questions, many local districts also have ballot questions and political seats to fill. And of course, the entire Nevada Assembly is to be elected. What is the percentage of new voters only interested in the presidential election, and how will that impact such things as money for education at the state level, or who will be legislative leaders when the dust clears?

Nevada was the first state in the nation to use touch-screen voting machines with a paper trail back up, and Heller says the Primary Election was a huge success with the machines. According to Washoe Registrar Burk, "It takes people about four or five minutes to vote." The General Election ballot is filled this year.

Campaigning at all levels has been intense in every corner of the state. According to a report out of San Francisco, Reno voters have seen more national presidential advertisements on TV than any other community in the country. That's an amazing statement when you consider there are less than a quarter million votes available from Washoe County.

Despite what you may have seen in other publications, Nevada has not been as bombarded with candidates for the top office as ever before in history. One needs to look at the election between Lyndon Johnson and Barry Goldwater, or between Ronald Reagan and Jimmy Carter. Even Jerry Brown was involved in that election and held rallies at Idlewild Park in Reno to what some described as a limited number of supporters.

Has this election proved that the American public has sunk to its lowest levels of good manners and courtesy to a fellow human being? No, according to a large article in the November issue of the Smithsonian Magazine. Titled "Cliffhanger," the article details the monster fight between Thomas Jefferson and Aaron Burr. The 2000 election dims considerably in comparison.

That election of 1800 was finally determined after seven long days of wrangling in Congress. "For seven days, as they maneuvered and schemed, the fate of the young republic hung in the ballots." Jefferson and his Republicans came out on top. That Republican Party is not the same one we know of today. Today's party came about during the Abraham Lincoln election, prior to the Civil War.


Unemployment Rate Remains Low, Jobs Available Statewide
3.9 Percent For The State, Compared To 5.4 Percent One Year Ago

According to figures released by the Department of Employment, Training and Rehabilitation, September unemployment in Nevada is at its lowest level in years, standing at 3.9 percent. Las Vegas posted 4.0 percent unemployment while Reno came in at an amazing 3.1 percent.

Nationally, the rate of unemployment stands at 5.4 percent, and nearby California's rate is 5.9 percent. In the Silver State, Storey County reported the lowest rate at 2.2 percent unemployed, and Lincoln County reported the most out of work; 6.3 percent.

To put these figures into context, there are 1,141,800 Nevadans working today compared to 45,800 unemployed. Much of the gain has been attributed to growth in the state, in particular the growth that spurred the building industry. According to Nevada Governor Kenny Guinn, Nevada "has added 37,000 new private sector jobs since March."

There are seven states with unemployment rates lower than Nevada's, led by Hawai'i at 3.1 percent. Virginia has only 3.2 percent unemployed. In Nevada, there have been 11,900 new construction jobs filled, some 9,000 professional positions, 7,000 casino jobs, and government positions have increased by 5,500. Led by IGT, the world's largest manufacturer of gaming machines, there have been 2,000 manufacturing positions filled this year.

•••

President Bush Signs Tax Bill That May Help Nevadans
Look To Be Able To Write Off Sales Tax May Be Worth As Much As $350

Referred to as a corporate tax bill, legislation signed by President Bush on October 22 will reduce the tax burden of Nevadans. Residents of states that have an income tax have been able to deduct that tax from their federal income tax, and since Nevada does not have a state income tax, there has been a push for those in the Silver State to be able to deduct the sales tax that is spent annually.

The new legislation will allow residents in states with an income tax to deduct that, and those with only a sales tax to deduct that. According to tax experts, it could mean a savings of somewhere between $350 and $600 for Nevadans.

The Internal Revenue Service (IRS) has not put together its 'rules' yet, but it is expected the service will create a deduction based on income and size of family. It is also expected that those who itemize may provide all receipts and deduct the total sales tax paid over the year.

Those who make large purchases may have separate rules according to the latest information from the IRS. Purchases such as for home improvements and vehicles generate a considerable amount of sales tax, and it isn't clear whether that will be a part of the IRS calculations.

Prior to 1986, certain sales taxes were deductible, but whether the IRS rules will go back to those standards or not are not clear at this time.

•••

Renewable Energy Sources Being Tapped In Nevada
Geothermal Plant To Open Soon, Sunshine To Help Nevada Power

A new geothermal power plant has been given the OK by the Nevada Public Utilities Commission (PUC), to be located south of Reno near Steamboat Springs. According to a statement released by the PUC, the plant will contract for 20 megawatts of power to be supplied to Sierra Pacific Power Company (SPPCo).

Ormat Nevada operates geothermal facilities in the area, and the new station is called ORNI7, Galena Geothermal 1. By law, Nevada's power companies are expected to produce some 15 percent of their power from renewable sources such as geothermal, wind, hydroelectric, and solar. The Ormat facility is expected to be on line by 2006.

The law calls for providers such as Sierra Pacific Resources, operators of Sierra Pacific Power Company and Nevada Power Company to increase the use of renewable power sources (RPS) in their portfolio by at least two percent every other year until the providers renewable energy portfolio accounts for at least 15 percent of its total energy sales by 2013.

For a complete look at renewable resources and how they are used in various locations around the west, the Western Area Power Administration (WAPA) web site is a good place to start. This will get you to their regularly scheduled newsletter: http://www.wapa.gov/es/greennews.

The geothermal activity at Steamboat is part of a massive system that starts near the Black Rock Desert north of Gerlach and extends south to Hot Creek near Mammoth, California. Ormat's Chairman Lucien Bronicki, said "We're proud to be among the pioneers of Nevada's RPS." He went on to say, "These new contracts will be the basis for Ormat's expanding geothermal development in Nevada."

Nevada Power Company in the meantime has signed contracts with the Las Vegas Valley Water District, in which the district will use solar power for electricity use at buildings and pumps at reservoirs, with extra supplies reverting to Nevada Power. According to a release, this system will be the eighth largest in the world.

•••

Nuclear Power Plants Proliferating According To Federal Sources
New Licenses Being Approved Existing Licenses Being Extended

A report issued by an environmental group in Washington, D.C. indicates that nuclear power plants are renewing their licenses at an accelerated rate, and new nuclear power plants are waiting to come on line. This at a time when there is still no repository for spent nuclear fuel. The report, issued October 20, says the rate of nuclear power plant relicensing has doubled in the last two years.

The Environmental Working Group Action Fund (http://www.ewg.org) says even though there is no nuclear repository on line, some 18 renewal applications have been filed, and they say, "No application to date has been denied.

Because of current litigation, the Yucca Mountain Repository will not open as scheduled by the Department of Energy (DOE), but even if it did, the EWG the storage space planned for will be short by several thousand tons of waste. EWG Action fund Senior Vice President Richard Wiles says, "This analysis confirms what we suspected, but that the public was never told, the Yucca Mountain nuclear waste site is really a nuclear expansion plan in disguise."

The accompanying map shows the location of nuclear power plants around the country and the routes that have been planned to bring waste to Yucca Mountain, if the repository is licensed. Note, the 319-mile railroad that is being planned for a circuitous route from Lincoln County, through Nye County and Esmeralda County is on the map as an existing route.

Yellow Radiation Warning Symbol means Relicensed Nuclear Reactor
Orange Radiation Warning Symbol means Relicensing under Review.
Grey Radiation Warning Symbol means Nuclear Facility
Black lines are Transportation routes to Yucca

For those in northern Nevada, it's obvious that the entire state will be affected by transportation of the spent nuclear fuel. There are many who wonder why residents of so many states that will be affected by the transportation system, aren't up in arms. Millions of people live along the transportation corridors, and many feel it is the moving of the nuclear waste that is far more dangerous than the storage.

According to EWG, "Communities near each of the power plants were subjected to an aggressive public relations campaign by the nuclear industry and the DOE, that pushed the idea that the Yucca Mountain dumpsite would get rid of their waste."

With the re-licensing of plants across the country, now there will be somewhere in the neighborhood of 9,000 extra tons of waste. There are 79 nuclear sites across the country, in 35 states.

Because of litigation, and court decrees in favor of those opposed to Yucca Mountain, it is expected that Congress will have to take another look at the situation. It is congress or the courts that will make any changes, not a president.


Seeno License Comes Through Despite Ties To Hells Angels, Other Felons
Seeno III Given OK By Gaming Commission, Recently Fined $25,000 For Associations
by Johnny Gunn

Albert Seeno III has received the go-ahead from the Nevada Gaming Commission as a "suitable beneficiary of interests" to maintain his ownership status in hotel casinos in Nevada. Seeno III is a land developer in California. His father, Albert Seeno Jr., is licensed through a trust, and Seeno III is a trust beneficiary.

In previous Gaming Control Board and Gaming Commission hearings, it was brought out that Seeno the younger had close ties to Hell's Angels in Northern California, and that he had a convicted drug dealer on his payroll. Licenses for the Peppermill hotel casinos in Reno and Wendover, the Western Village hotel casino in Sparks, the Rainbow Club in Henderson, and one other casino in Wendover were in jeopardy because of Seeno's associations.

Seeno Jr. established Sierra Pacific Properties, Inc. in California in the 1950s according to their web site, www.sierrapacificprop.com, and is considered one of the premier homebuilders in the San Francisco Bay Area.

The family has had many run-ins with the law over the years, including being fined one million dollars for violating the Endangered Species Act during the building of homesites, and paying a $775,000 fine to the Nevada Gaming Commission when ties to unsavory characters were discovered.

During previous hearings, Gaming chairman Dennis Neilander said, "Having a licensee associate with people who manufacture methamphetamines brings discredit on the state of Nevada." Victor Bustos and Arthur Carasis were arrested in 1999 in a California drug raid that turned up 129 pounds of drugs and chemicals to make drugs. Carasis is a known member of the Hell's Angels. Seeno III associated with Carasis and Bustos worked closely with the Seeno family.

Carasis is in prison at this time and Bustos was on a suspended sentence.

At the most recent Gaming Commission hearing, Seeno III's attorney said his client has matured and understands the position he has put himself into. Seeno said he has learned to control his behavior. In an article published in Biker News in 2003, Seeno III said, "I have never done drugs."

The Peppermill Hotel and Casino in Reno is working at this time to develop a casino property just north of Sparks on the Pyramid Lake Highway. Hearings for that property have not begun, and as a licensee, the Seeno family will again be grilled on their associations. The city of Reno and county of Washoe have put a six month moratorium on new neighborhood casinos, and whether this fits that model isn't clear at this time. The casino would be inside the city of Sparks.

In 2002, Albert Seeno Jr. was fined $1 million when he "pulled the plug" on ponds that were inhabited by red-legged frogs, protected by the Endangered Species Act. Protected since 1996, the frogs in the ponds died. As part of the court action, Seeno was also told to set aside 640 acres, that's one square mile, of his own private property as habitat for the endangered species.

Seeno was looking to construct some 3,200 homes in Pittsburg, California at the time. The fine and other penalties resulting from his action is believed to be one of the most severe ever imposed for a violation of the Endangered Species Act.

The original complaint filed by the Nevada Gaming Control Board, a 28-count complaint, resulted in a fine of $775,000. With 28 counts, if Seeno Jr., had been fined the maximum, the total could have been as much as $2.8 million.

A gaming license in Nevada is a privilege, and the Gaming Control Board with its parent, the Nevada Gaming Commission does not believe in a slap on the wrist for those that break the trust. There are probably more people denied licenses than have ever been licensed.


Claims Of Discrimination By Muslim Child Lead To Federal District Court
Washoe County School District And Individuals Named In The Action Following Death Threats

Jana Elhifny had been a student at North Valleys High School until she encountered death threats and other forms of discrimination according to a suit filed in Federal District Court by attorney Kenneth McKenna, backed up by the American Civil Liberties Union of Nevada. No specific money figure was mentioned in the suit.

The 17-year-old said following the threats and other abuse that the school principal and police did nothing to help her. Her mother, Joan Barnes, has pulled the child from school out of fear for her life, according to McKenna. He said the school and the district have a mandate to protect student's constitutional rights.

McKenna asks that the principal, Cinda Gifford, and vice principal, Mark Williams be fired. Young Jana wears a traditional scarf known as a hijab scarf, and says she was the only Muslim student at North Valleys High School.

McKenna has called the situation despicable.


Cameras To Be Placed In Taxi Cabs Before April 1 Taxi Authority Rules
It Took A Death To Bring This About And Maybe Some Media Screaming

At a meeting of the Nevada Taxicab Authority on October 26, it was determined that taxicabs in southern Nevada would be equipped with cameras by April 1, 2005. As reported in earlier news articles in the Nevada Observer, the Nevada Taxicab Authority only has authority over southern Nevada cabs. The rest of the state is regulated by another agency. The new ruling on cameras only affects southern Nevada cabs, meaning cabbies in the rest of the state are still at risk.

Driver Pairoj Chitprasart was drenched in gasoline and set afire by a man who wanted his money. It was only because James Scholl bragged about the deed that he was apprehended and charged with the crime. If there had been a camera in the cab, as there are in almost every convenience store, bank, or general merchandise store, the cops would have had much more to go on.

According to Authority figures, it will cost about $700 per cab to get the cameras installed. There are an estimated 2,000 taxicabs in southern Nevada. The fight for cameras has been going on for years, begun by newspaper columnist Steve Miller at the legislative level, and continued by much of the working press in Nevada more recently. Organized labor has been in favor of the cameras all along according to Andrew Barbano who was incensed over Chirprasart's murder.

There has been an effort made to create a trust fund for the son of the dead driver, and according to some reports, including a column by the Las Vegas Sun's Jeff German, that most of the cab companies have not been willing to contribute, while drivers and others, particularly in the organized labor field, have.

In the decision by the Nevada Taxicab Authority, the cameras that will be installed will automatically begin recording when a door is op0ened or closed, and it will be able to view the driver and all passengers. Cameras have been tested in cabs operated by Whittlesea Bell Transportation.

Because of privacy issues, images from the cameras will only be downloaded and viewed in cases of robbery of crimes against the drivers. Taxicab companies will be allowed to either have video cameras or digital still cameras installed. With the still cameras, a frame will be recorded every ten seconds.

There is no organized movement in the rest of Nevada, including the Reno-Sparks metropolitan area for cameras to be installed despite the fact that cabbies have been robbed, beaten, even murdered in the past. In southern Nevada, at least 18 drivers have been killed since 1970.


The Buzz Around the Silver State
From our Correspondents

Clark County

Look Out, There Are More Than 60 New Attorneys Out There

(Las Vegas) --- Bar Exams were held recently and more than 60 graduates of the UNLV Law School passed. According to the figures released by the school, the number that passed is only about 55 percent of the graduates. A dismal figure is how interim Chancellor Jim Rogers described it.

The bar exam was taken by 78 UNLV students for the first time and 37 UNLV students repeated the test. Fifty of the first timers passed while only eight of those trying for a second time passed. The test in Nevada is one of the more difficult in the nation.

•••

White Pine County

Here That Train A-Coming And It May Be Haunted

(Ely) --- Mark Bassett writes that with snow on the ground, there is no let up in attendance at the Railroad Museum in White Pine County. "We still have two weekends of excursions yet," he says, "and there are two Haunted Ghost Trains yet to go."

Bassett says more than 11,000 passengers have ridden the Great Northern, and he expects ridership to continue rising in the coming months and years. "In November," he says, "we have our annual Food Train and six Polar Express Trains."

Polar Express trains will also run on two weekends in December. Each of these trips takes riders to the "North Pole" to visit with Santa Clause. Bassett says "I would expect that over 12,500 people would have ridden the Ghost Train of Old Ely this year."

Bassett is the director of the railroad museum in Ely, and can also be found working around Number 93, getting up steam, talking up railroads.

•••

Elko County

Legislators Have To Pay Taxes Too And One Might Lose Some Property

(Elko) --- Saying his fees have been too high, Assemblyman John Carpenter (R) has not been paying taxes on some property he owns in Elko. The Elko City Council has voted to foreclose on the property if he doesn't ante up pretty quick.

At issue is some $40,000 in alleged unpaid sewer and water fees. The Council's vote was unanimous.

Carpenter, running unopposed in the General Election has served in the legislature for 18 years, and he owns five businesses in Elko.

•••

Carson City

Bank Scam Aimed At Consumers

(Carson City) --- The Attorney General has issued a consumer alert about an e-mail scam that threatens to steal identity as well as money. "A number of consumers have received e-mails, allegedly from various banks, credit card companies, and other financial businesses, asking that consumers provide information concerning their accounts," the alert says. Some of the information asked for includes private identifying information.

According to John McGlamery of the Bureau of Consumer Protection, "the e-mails usually contain official looking logos and may even include an Internet address to respond to." He said it all appears legitimate, but is designed to open your bank account to thieves.

"Legitimate banking and other companies do not solicit personal identifying information or account information through the use of telemarketers or e-mail," he says. "Never provide any credit card, bank accounts, or other personal identifying information to anyone via the Internet or telephone unless you are the one that initiated the contact."

The Attorney General recommends you contact the Bureau of Consumer Protection at 775-687-6300 in northern Nevada, or 702-486-3194 in the south.

•••

PUC Meetings Held At Deadline

(Carson City) --- As we go to press, a public hearing dealing with the application of Verdi Meadows Utility Company, Inc. to amend their certificate CPC 888 to expand its water and sewer service territory to include three new subdivisions located within the township of Verdi and the City of Reno is taking place.

By the time you read this, you should be able to go to http://www.puc.state.nv.us/WATER/dkt 04-3023/04-3023.htm to see the results of the hearing.

Future hearings on many public utility matters can be found at http://www.puc.state.nv.us/.