Delta County Independent, March 20, 2019

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NORTH FORK TIMES

SURFACE CREEK NEWS

DOCUMENTING CHANGE Paonia nonprofit has tracked water quality for 18 years, B1

SPORTS

GOOD TO GO

REMEMBERING LUKE

Author explores the science of exercise recovery, C1

Delta, Cedaredge co-host memorial baseball tournament, B6

DELTA COUNTY

MARCH 20, 2019 VOL. 136, NO. 12

75¢

INDEPENDENT

www.deltacountyindependent.com

Resolution preserves Second Amendment BY ANNETTE BRAND Staff Writer

At their meeting on March 19, the Delta County Commissioners passed a resolution declaring Delta County to be a Second Amendment Preservation County. The action was taken in support of Delta County Sheriff Mark Taylor and in protest of Colorado House Bill 19-1177. About two weeks ago Representative Matt Soper, House District 54, wrote a letter voicing “forceful support” for sanctuary status in Delta County. He said House Bill 19-1177, also referred to as the “Red Flag” bill, is proposed by “extreme, out-ofcontrol politicians,” violates the constitutional rights of the state’s citizens and erodes due process of law. Sheriff Taylor echoes Soper’s concerns. Soper shared his concerns with the county commissioners and constituents during a work session on Tuesday, March 12, at which Sheriff Taylor was present. A public meeting held March 12 was open to comments from the community on House Bill 19-1177. The meeting was attended by an overflow crowd. House Bill 19-1177 creates the ability for a family or household member or a law enforcement officer to petition the court for a temporary extreme risk protection order (ERPO). The petitioner must establish by a preponderance of the evidence that a person poses a significant risk to self or others by having a firearm in his or her cus-

tody. The respondent has the burden of proof at a termination hearing. Upon issuance of the ERPO, the respondent must surrender all of his firearms. If the ERPO expires or is terminated, all of the respondent’s firearms must be returned. The sheriff said there are already mechanisms in place to investigate mental health situations, called M-1. Law enforcement can investigate the situation, and if it is considered to be a mental health episode, the person can be placed on a 72-hour hold and evaluated by mental health professionals. “There are plenty of laws to fall back on,” Sheriff Taylor said. “The personal property can be taken if needed. M-1 and state statutes are not perfect, but they address underlying mental health illnesses. “HB19-1177 violates the 2nd Amendment, due process, the 5th Amendment, the 14th Amendment and is an unconstitutional bill,” he said. In their resolution, and in standing and defending the rights of the people of Delta County, the commissioners make specific commitments: • The commissioners pledge not to appropriate funds, resources, employees, or agencies to initiate unconstitutional seizures in Delta County; • The commissioners affirm their support for the duly elected sheriff of Delta County in his or her sound discretion and affirm its resolve to support decisions by the sheriff regarding enforcement of laws related to the pos-

sible infringement of Second Amendment rights. • In coordination with the Delta County Sheriff, the commissioners commit to actively resist House Bill 19-1177 in its current and subsequent forms and to protect the Second Amendment rights of all lawful gun owners in Delta County.

Staff Writer

There was good attendance for the second community land use forum Wednesday, March 13, at 6 p.m., at the Grand Mesa Arts Center in Cedaredge. The theme of the second forum was “Lessons Learned from our Neighbors.” Neighbors forming the discussion panel were Nathan Lindquist, planning director, City of Rifle; Steve Wright, planning and development director of Montrose County; and Greg Moberg, principal planner for Mesa County. Elyse Casselberry, county community and economic development director, facilitated the discussion. Lindquist said there is a limited amount of land in the City of Rifle and its primary uses are residential, commercial and business. Each use impacts the quality of the daily lives of neighboring landowners involved in other uses. Considerable thought needs to be given in developing land use regulations to consider how uses

INDEX

Accent ........................... A4 Activities ....................... A7 Back Page ................... D8 Bruin Tracks ............. C3-6 Business ........................ A8 Church ........................... D4 Classifieds .................. D1-2 Editorial ......................... A2 Health & Fitness ...... B4-5 Legals ............................ D3 North Fork Times ........B1-3 Obituaries ......................C8 School Zone ............... A5-6 Sports ..........................B6-8 Surface Creek News ...C1-7 TV Listings ................. D5-6

affect other landowners’ uses. Wright said neighbors have strong feelings about property rights; it’s okay for government to regulate my neighbor, but not me. Land use regulations must address how the use of all land produces the least impact on all that land’s neighbors. Moberg said land use in counties should go right up to the city limits, with no feathering. He said some parts of Mesa County look like cities. “I see a sleeper right here in Delta County,” he said, “You feed both Montrose and Mesa counties.” Casselberry asked specific questions of the panel about land use — first, about specific tools the panel found helpful in their toolbox. Lindquist cited conditional use permits, to be used as a conditional right in grey areas where the use would not be permitted otherwise. Wright referred to the sign code and the zoning code. In the sign code he uses a special use permit for unique uses

Delta County. • The commissioners further demand that the legislature and the governor’s office cease and desist any attempts at restricting the Second Amendment rights of citizens and instead address the real and fundamental challenges of mental illness in our communities.

Countywide Law Enforcement Statistics

This slide from the Back the Badge presentation illustrates the increase in calls from 2009 to 2018. The sharpest increase represents the number of district court cases; the steady increase in orange indicates the number of suicidal or potentially suicidal assists. The black line is sexual assault reports, which occur every 3.8 days in Delta County. The yellow line represents illegal narcotics/drug investigations. Every day, an average of 77.6 law enforcement calls are processed through dispatch.

Countywide sales tax increase being considered for public safety BY PAT SUNDERLAND Managing Editor

A collaborative effort between the Delta County Sheriff ’s Office and municipal law enforcement agencies throughout Delta County has

Land use forum: Lessons learned from our neighbors BY ANNETTE BRAND

• The commissioners also encourage all appropriate agencies to take reasonable steps to ensure the availability of appropriate mental health and substance abuse services. • The commissioners affirm their support for the constitutionally guaranteed right to due process of the citizens of

such as a church or a gravel pit. Montrose County is transitioning and slowly implementing use-by-right, such as bed and breakfast for vacation rentals. He said the application and permit should have simple guidelines. Moberg advised being especially cautious using consultants, who will urge using the latest “flavor of the month.” He finds zoning to be an important tool. Zoning sets the standard for the use of the land. He advised not getting wrapped up in PUD (Planned Use Development). Casselberry asked which tool the panel used the most. Wright said the building code and the zoning code. There are very few rezonings when the zoning code is applied. Zoning for hemp facilities is becoming frequent. Lindquist finds setbacks helpful. If the setback for the house is 20 feet, when the homeowner decides to build a driveway, the setback is already established. LAND USE TO A3

resulted in a proposal for a 1 percent sales tax increase to fund public safety. A PowerPoint presentation titled “Back the Badge” is starting to make the rounds at city/ town council meetings, service club luncheons and other events. If it’s ultimately endorsed by the county and municipalities, voters will see the sales tax increase question on the November ballot. “We have pooled our resources and have worked well together for years; we are now taking this same approach in asking for a public safety tax,” said the members of the Back the Badge team headed by Delta County Sheriff Mark Taylor and Delta Police Chief Luke Fedler. The coordinated approach also minimizes the “trending bombardment” of taxpayers, they say. Because funding has been flat, law enforcement staffing levels and compensation have not kept up with neighboring counties. Yet criminal activity, and the community’s demands on law enforcement, have grown at a significant pace. Between 2009 and 2017, calls to dispatch jumped by 5,000. Over 77 law enforcement calls are processed through dispatch daily, and proactive law enforcement services are being hampered by increased calls for criminal offenses. “People in Delta expect immediate response times but they’re not what they were a few years ago,” said Chief Fedler during a showing of the PowerPoint presentation dur-

ing a Delta City Council work session earlier this month. That’s despite the fact that the DPD is, without exception, providing protection 24 hours a day. In addition to a “dire need” for more officers in the field, there’s a need to replace worn equipment. The Back the Badge team estimates the 1 percent sales tax increase will generate approximately $2.9 million annually. By mutual agreement among the law enforcement agencies, the funds will be allocated as follows: Delta County Sheriff ’s Office, 48 percent or $1.392 million, and Delta Police Department, 31 percent or $899,000. Police departments in Cedaredge, Hotchkiss and Paonia will each receive 7 percent, or $203,000, which represents a double-digit increase in funding over their 2019 budgets. School safety, improved response times and proactive law enforcement services are touted as expected improvement to service. Troubled neighborhoods, criminal strongholds, public nuisances and animal control enforcement would be targeted in an effort to improve quality of life. “Proactive enforcement, by well-trained and equipped officers and detectives, can make a difference in our community,” according to members of Back the Badge team. The Delta Police Department is generating 50 reports a day, Chief Fedler told counPUBLIC SAFETY TO A3

Preliminary budget figures look good for 50J

Vote postponed

The governor’s 2019 budget could pump an additional $1.3 million into the general fund of Delta County School District #50. That’s good news for a school district that falls in the bottom 25 percent of per-pupil funding in Colorado. Business manager Jim Ventrello said the school district is projecting about a $300 per student increase, but that figure is a long way from final. During a work session on Friday, March 15, district leadership and school board members explored how those funds might be used to make salaries for certified and classified personnel more competitive. A three-year grant for school counselors has ended, but the counselors have proven so valuable the district also wants to allocate funding for those positions. Also in the proposed 2019-20 budget, which would take effect July 1, are funds for training new teachers in the Capturing Kids Hearts program, which superintendent Caryn Gibson said has been a “game changer” for Delta County. The school district is also considering replacing teacher computers and investing in additional resources to improve student growth and achievement. All those “wants” add up to more than $1.3 million. By next month, Ventrello said staff will have gone through every line item in the budget in search of cost savings.

Delta City Council was expected to consider the lifting of the moratorium on medical marijuana establishments at its March 19 meeting. Instead, that discussion has been postponed to the meeting on Tuesday, April 2, according to city clerk Jolene Nelson. Because of timing issues concerning requirements for publication and public hearings, Nelson said it was recommended the vote be postponed.


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