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DELTA COUNTY
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FEBRUARY 13, 2019 VOL. 136, NO. 7
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INDEPENDENT
www.deltacountyindependent.com
City of Delta moves forward with land swap BY PAT SUNDERLAND Managing Editor
Delta City Council has authorized city staff to prepare an offer for the exchange of Riverbend and Cottonwood parks for several parcels of land on the south side of the Gunnison River. The 4-1 decision comes after open discussions with property owner Bill James, and two closed-door sessions where council met with staff to discuss negotiations. The end result is expected to be “cost neutral,” meaning no additional funds from either party would be required to consummate the deal. In November 2018, voters authorized the sale or exchange of the city-owned property on the north side of the Gunnison River. In conjunction with the Delta Urban Renewal Authority, the city plans to use the property north of Highway 92 and east of Highway 50 for recreation and commercial development. The city will wind up with a “good length” of Gunnison River frontage for future river activation. Only council member Gerald Roberts voted against the measure. He did not offer any explanation at the time, but in a follow-up phone call referred to a comment the mayor made about this being the property owner’s “last and final offer.” Because the specifics were discussed in executive session, Roberts said he could not reveal his concerns but said there are “one or more items in that offer that I can’t support. Until my concerns are met, I’m not in favor of this land swap.”
City attorney David McConaughy said any deal negotiated by staff is contingent upon final approval by council in a public meeting. In a memo to council members city manager David Torgler noted, “The properties proposed to be acquired by the city are close to Delta’s downtown, have access to the Gunnison River, are easy to find and access, are in the Opportunity Zone, are in the city’s urban renewal project plan area, are visible from Highway 92 and can be accessed using the signalized intersection at Highway 50 and Gunnison River Drive (the alternate truck route).” While there is expected to be no cost to the city for the swap, future costs could include infrastructure improvements for roads, utilities and park facilities. It is council’s understanding that the soccer fields at Cottonwood will be open for public use until a replacement field can be established.
Delta City Council irons out licensing requirements for medical marijuana BY PAT SUNDERLAND Managing Editor
In the spirit of cooperation, both sides of a divided city council gave a little to finalize the licensing requirements for medical marijuana establishments in the City of Delta. In November, a majority of the electorate voted to authorize the sale, manufacture, research and development, testing and cultivation of med-
Macias-Moreno appears in court BY PAT SUNDERLAND Managing Editor
Edgar Macias-Moreno, accused of murdering Madelaine Loh in June 2018, appeared in Delta District Court on Friday, Feb. 8. The 25-year-old was scheduled to enter a plea, but public defender Shandea Sergent instead requested a hearing on a motion to suppress. The judge’s ruling on that motion will determine how the defense will proceed with the case. Although Sergent has not filed anything in writing, it’s anticipated the motion will be an attempt to suppress comments MaciasMoreno made to law enforcement. Macias-Moreno is charged with first degree murder, second degree kidnapping, aggravated motor vehicle theft and identity theft, as well as a number of misdemeanors. He turned himself in to the Delta County Sheriff ’s Office on June 27. According to an arrest affidavit filed by sher-
INDEX
Accent ........................... A4 Activities ....................... A9 Back Page ................. D10 Bride Guide .............. A6-7 Bruin Tracks ............. C3-6 Business .......................A10 Church ........................... D6 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-5 North Fork Times ........B1-4 Obituaries ...................B4-5 School Zone ............ A5, A8 Sports ..........................B6-8 Surface Creek News ...C1-7 TV Listings ................. D7-8
Photo by Pat Sunderland
The City of Delta is hoping to acquire acreage on the south side of the Gunnison River, in exchange for Cottonwood and Riverbend parks on the opposite side of the river. Ideally, the swap will be “cost neutral.”
iff ’s investigators, he admitted he strangled Loh on June 19, then put her in her car and drove to Utah, where he left her body partially hidden along a side road off I-15. Loh’s body was recovered by deputies from the Millard County, Utah, Sheriff ’s Office, based on that information. Macias-Moreno was a coworker and lived with Loh at a farm outside of Hotchkiss. He has been jailed since he turned himself in on June 27. Judge Stephen Schwartz, acknowledging the motion to suppress to be a “signficant preliminary issue” set a hearing for June 5 to hear oral arguments. He also set a deadline of April 5 for an initial brief from the public defender’s office. Prosecutors have until April 26 to formulate a response. Other motions may also be addressed at the June 5 hearing. If the case goes to trial, both sides agreed the court would need to set aside two to three weeks for testimony.
Closures
Delta County Libraries will be closed Monday, Feb. 18, in observance of Presidents’ Day. Please visit www.delta libraries.org for downloadable books, audiobooks, music, magazines, movies and more! The libraries will also be closed the morning of Wednesday, Feb. 27, for all-staff training. The libraries will open at noon. Banks, city and county offices and the post office will also be closed Feb. 18.
ical marijuana in the city. After the election, council enacted a moratorium to allow time to work out licensing and zoning regulations. Zoning regulations passed unanimously, but the most recent vote on licensing requirements ended in a 2-2 tie. With all five council members present on Feb. 5, a vote of 4-1 culminated months of debate among council members and concerned citizens. The “nay” vote was cast by Mayor Ron Austin, who has expressed concerns about the frequency with which individuals are able to make purchases. Until legislators eliminate “looping,” Austin said he could not, in good conscience, vote in favor of the licensing ordinance. The ordinance caps at two the number of medical marijuana centers, infused products manufacturing facilities and medical marijuana
optional premises cultivation facilities allowed. There is no limit on the number of medical marijuana testing facilities in the city. Anticipating more than two applicants, the ordinance outlines a lottery process for selecting the licensees from the slate of qualified applicants. In addition to the cap on facilities, council agreed to limit the type of medical marijuana centers allowed to operate in the city. State regulations outline three types of medical marijuana centers, based on the number of patients. The City of Delta will only allow Type 1 centers, the smallest, with 1 to 300 patients. Unless council acts to lift the moratorium, it remains in effect until May 13. Before any license is granted, a public hearing will be conducted by Delta City Council. Council can either deny the application or approve the
application with or without conditions. Fees are outlined in the ordinance as follows: new license application fee, $5,000; license renewal application fee, $3,500; transfer of location application fee, $3,500; transfer of ownership application fee, $3,500; and annual license fee, $5,000. The applicant must also meet all state requirements for fees and licensing. City council previously adopted the zoning regulations that apply to medical marijuana establishments. None can be located in the downtown core area, or within 1,000 feet of any school, state licensed day care facility, park, or law enforcement or court facility. A map indicating the 1,000foot setbacks has been posted on the city website, www. cityofdelta.org. The full text of the licensing ordinance is published in this week’s DCI.
Funding for full-day kindergarten would free up resources for 50J BY PAT SUNDERLAND Managing Editor
A proposal from Gov. Jared Polis to offer free, full-day kindergarten throughout the state is being endorsed by the Colorado Board of Education, which supports early literacy programs to ensure that all students are reading at grade level by the end of third grade. Delta County Joint School District #50, which also recognizes the importance of early childhood education, is already offering full-day kindergarten.
While Polis’ proposal wouldn’t create any additional educational opportunities for young kids in Delta County, it could free up financial resources. Currently, the state reimburses districts for half-day kindergarten instruction. The cost for the remainder of the day comes out of the school district’s budget. Business manager Jim Ventrello says the school district would net about $650,000 of new funding if full-day kindergarten gains legislative approval as it is currently pro-
posed. However, there are many variables in the complex school funding formula that could reduce that amount. “We know that high-quality kindergarten programs can help us close opportunity and achievement gaps and ensure that all students have a strong foundation for success throughout their school years,” said Angelika Schroeder, chairman of the Colorado Board of Education. The proposal will not create a new mandate for districts or parents.
Jones hearing rescheduled
A hearing on a motion to dismiss charges against Heather Jones hit a snag Tuesday morning with the late submission of a report from a defense expert in evidentiary procedure. The hearing was rescheduled for Tuesday, Feb. 26, to allow time for prosecutors to review that report, and for defense attorney Brandon Luna to make arrangements for the expert to be available either in person or by phone. Jones is charged with second degree murder in the death of Ryan Redifer in Paonia in January 2018. Luna filed the motion to dismiss based on the alleged failure to preserve exculpatory evidence. Officers from the Paonia Police Department were
present to testify at the hearing, but the report, emailed to the district attorney’s office at 5:45 p.m. the night before, gave DA Dan Hotsenpiller no choice but to request a delay. He expressed frustration at the “great inconvenience” posed to the entire Paonia Police Department, as well as friends and family members attending the hearing, but said his office needs time to thoroughly review the report, assuming it has “probative value,” prior to examination of the officers. The hearing was reset for 10 a.m. Tuesday, Feb. 26, assuming a trial scheduled for that day will be resolved. Jones, who is also charged with assault and violation of a protection order, is scheduled to stand trial in early April.