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Cedaredge, Paonia, Hotchkiss claim top three 2A rankings, B6 JANUARY 10, 2018 VOL. 135, NO. 2
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Marijuana petition withdrawn; new council may settle question BY PAT SUNDERLAND Managing Editor
On the wild side
Photo by Randy Sunderland
This portion of the extensive Escalante State Wildlife Area can be found just a few minutes west of Delta off 5th Street, near the confluence of Roubideau Creek and the Gunnison River. Colorado Parks and Wildlife manages additional access areas off G50 Road, Highway 50 and Escalante Canyon Road. In the Hamilton Tract pictured above, cottonwood groves, a large heronry, and cliffside brush provide important habitat for birds, deer and small mammals. Visit cpw.state.co.us for maps and directions to the numerous tracts of land set aside for hunting, fishing and recreation.
An effort to legalize marijuana sales and cultivation within the City of Delta has taken a new direction. Christi Prettyman was circulating a petition asking city council to repeal the ordinance that prohibits marijuana sales and cultivation in the City of Delta. Citing family issues, she said last week she is withdrawing the petition, as well as her intention to run for city council. If she had gathered a sufficient number of signatures on the petition, she would have taken it to city council asking for repeal of the ordinance that’s been on the books since 2013. City council is authorized to reaffirm or to repeal the ordinance without a vote of the citizens. But if the council had declined to repeal the marijuana ordinance, the
PRESS RELEASE
lin Willett. Matt Soper, a fourth generation Coloradoan, grew up in Delta and earned his way through Colorado Mesa University by hand-picking Olathe Sweet® sweet corn. During his time at CMU, Soper served two terms as student trustee and earned the coveted Wayne Aspinall Award. He later earned graduate degrees from the University of Edinburgh and the University of New Hampshire. Soper served seven years on the Delta County Museum’s
Photo submitted
Rep. Yeulin Willett (left) has announced he will not seek reelection to House District 54. Matt Soper will seek election to that seat in November.
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The fact that the petition was being circulated opened a discussion about marijuana zoning and taxation. To be proactive, Delta Planning Commission and Delta City Council members have been reviewing proposals for the zoning of retail marijuana stores, marijuana cultivation facilities, retail marijuana products manufacturing and marijuana testing facilities within the City of Delta. The final decision on zoning rests with the city council, but voter approval is required to levy taxes on marijuana sales. Two questions authorizing the collection of sales and excise taxes on marijuana, if sales are allowed, will appear on the April 3 ballot, along with the candidates for two council seats. Currently, Jay Stooksberry and Kevin Carlson are circulating CITY COUNCIL TO A3
County limits marijuana plants to 12 on residential property BY ANNETTE BRAND Staff Writer
The Delta County Commissioners have adopted an ordinance giving notice that, pursuant to Colorado statutes, the county will limit the
Rep. Willett won’t seek re-election; Matt Soper announces candidacy State Representative Yeulin Willett announced he will not seek re-election to House District 54, but will serve out his term, ending in January 2019. Concurrently, Matt Soper announced his candidacy to run for Willett’s House seat. “This past summer I expressed to the party the possibility I would not seek re-election. I have confidence in Matt Soper, and look forward to seeing him elected to represent the people of House District 54,” stated Rep. Yeu-
question would have gone to the voters, in accordance with state statutes. Instead, Prettyman said she plans to wait until two new council members are seated in April, then take the request to city council. A petition is not required for council to act, but was primarily intended to demonstrate community interest, then to spur a vote of the people. Even though voters won’t be asked to approve marijuana sales, Delta’s citizens will still have an opportunity to let their opinions be known. “If the citizens of Delta elect council members who are known to be pro-cannabis, then that’s the direction the population wants to go,” Prettyman concluded after consulting with her attorney. “Whoever gets elected ... the people will have spoken,” she said.
board of trustees, as well as chairman of the City of Delta’s Historic Preservation Board, and as an Orchard City trustee. In 2016, Soper was appointed, as a Republican, to the 7th Judicial Nominating Commission. He volunteers at the Abraham Connection homeless shelter, is a youth mentor, and is active in his church. Soper is a professional researcher and writer, serving clients in the private sector, with areas of expertise in law and history. “I look forward to continuing the good work of Rep. Willett, as well as focusing on the basics of protecting our water, getting our roads fixed, and keeping a lid on spending,” said Matt Soper, candidate for House District 54. Rep. Yeulin Willett is looking forward to spending more time with his wife and family and less time on the road to and from Denver, and focusing on civil dispute resolution and addressing local issues important to Mesa County. Willett was first elected in 2014 and re-elected in 2016. He has won numerous awards as a legislator, including ones from the Colorado Sheriff ’s Association, the Colorado Non-Profit Association, the Colorado Civil Justice League, the University of Colorado, Americans for Prosperity, among others.
cultivation, growth or production of marijuana plants to residential property within unincorporated Delta County to 12 marijuana plants per residential property, regardless of the number of persons residing at the property. The ordinance will be published in full in the Delta County Independent on Jan. 10 and is expected to be adopted on second reading Feb. 5. The ordinance will become effective Feb. 10. In November 2000 Colorado voters approved Amendment 20 to the Colorado Constitution which created limited right to possession and use of medical marijuana by persons suffering debilitating medical conditions who were placed on a statewide registry by their primary caregivers. On Nov. 6, 2012, Colorado voters approved Amendment 64 to the Colorado Constitution which created a limited right for persons 21 years of age and older for the possession and use of small amounts of marijuana plants. Commercial marijuana cultivation facilities, retail marijuana product manufacturing facilities, and sales and testing facilities of retail marijuana and marijuana products are prohibited in unincorporated areas of the county. On June 8, 2017, the Colorado General Assembly enacted House Bill 17-1220 to provide clarification about the number of marijuana plants a person is authorized to cultivate, grow or produce. The law took effect Jan. 1, and places a maximum cap of 12 marijuana plants that can be cultivated, grown or produced on or in a residential property regardless of whether the plants are for medical
or recreational use “unless a county, municipality, or city and county law expressly permits the cultivation, growth, or production of more than 12 marijuana plants on or in a residential property ....” Participating with the commissioners in the work sessions on the study and considerations for Ordinance No. 2018-01 were John Baier, county attorney; Fred McKee, county sheriff; Mark Taylor, county undersheriff; and 7th Judicial district attorney Dan Hotsenpiller. The commissioners found — as the Colorado General Assembly recited in HB 171220 — that large-scale cultivation of marijuana plants in residential structures may produce a variety of harmful effects on the residents and welfare of residential communities, such as unsafe structural alterations or additions to residences; potentially unsafe alterations to residential electrical systems; additions for water and humidity that can facilitate growth of dangerous or damaging molds and fungi; increased risk of fire and electrocution due to the proximity of electrical and water supplies; potential toxicity of residential air supply due to use of heating devices, generators and the addition of carbon monoxide to growing environments; and the increased risk of fire due to the presence of hazardous materials such as fertilizers and flammable or volatile substances used in the cultivation, production and processing of marijuana plants and derivatives. The ordinance contains definitions for residential property, such as “enclosed,” “locked space” and “residential property.”
County designates meeting posting site
Museum updates memberships
In response to a lawsuit filed by the Delta County Citizen Report, alleging a lack of transparency in the noticing and conduct of county commissioners’ meetings, county administrator Robbie LeValley issued the following press release: Delta County Board of Commissioners has consistently followed Colorado State Statutes. Colorado Revised Statute 24-6-402 (2)(c) directs the Board of County Commissioners to designate annually at the local public body’s first regular meeting of each calendar year the public place for posting meeting notices. At the Jan. 2 Board of County Commissioner meeting, the board designated the front entrance of the Delta County Courthouse located at 501 Palmer Street, Delta, to be the official location for posting of meeting notices. In addition, as has historically been done and technology allows, a courtesy copy will be placed on the Delta County website at www.deltacounty.com.
After 20 years, the Delta County Historical Society is changing its membership format. Annual membership has been $7.50 for seniors and $10 for non-seniors. Beginning this year, the annual membership for all adults, senior and non-senior, single or couple, will be combined to one flat fee of $15. Three additional levels of membership were established to define donation levels. Four levels of membership are available — bronze, $15 to $49 (annually); silver, $50 to $249 (annually); gold, $250 to $499 (accrued); and platinum, $500+ (accrued). Membership benefits are the same at all four levels. Members have free access to the museum and will receive a quarterly newsletter. For more information, call the museum at 874-8721 or stop by 251 Meeker Street, Delta.