Delta County Independent, Issue 9, Feb. 29, 2012

Page 1

NORTH FORK TIMES

SURFACE CREEK NEWS

SPORTS

GHOST HUNT

AG IN THE CLASSROOM

RECORD YEAR

Hotchkiss men investigate paranormal activity, B3

Cedaredge students learn where their food comes from, C1

Delta’s boys’, girls’ basketball teams both claim titles, B6

DELTA COUNTY

FEBRUARY 29, 2012 VOL. 129, NO. 9

75¢

INDEPENDENT

www.deltacountyindependent.com

Fire displaces Delta businesses BY PAT SUNDERLAND Managing Editor

Monday brought good news for the three businesses displaced by fire early the morning of Friday, Feb. 24. During a preliminary survey of the building, no asbestos was found. That opened the door for ServPro to begin removing file cabinets containing client data critical to the operation of Peters & Company and Lewis Tax & Accounting Services. They occupied the upper level of the building at the corner of 5th & Meeker; Del Mesa Farms’ six employees worked in the lower portion of the structure, where the fire started. Brad Peters, owner of Peters & Company and the building, said firefighters have determined the fire started in a fuse box in the southwest corner of the structure, moved up the wall and spread across the ceiling. The blaze smoldered for several hours before it was spotted by a neighbor walking her dog. Firefighters responded to the scene at 5:50 a.m. “They said if they’d arrived 30 minutes later the building would have been gone,” Peters said. Instead, the building and all its contents were amazingly intact. They were blackened and heavily smoke damaged, but dry and recoverable. ServPro loaded up file cabinets and bankers’ boxes, promising the most essential items would be returned within 48 hours — more good news for Brad Peters and Matt Lewis, the owner of Lewis Tax & Accounting Services. They have temporarily moved their tax services to the Delta Professional Building at 540 Main Street. Phone service will be restored by midweek, with no change in their contact numbers — 8747621 for Lewis Tax & Accounting Services and 874-7624 for

Peters & Company. Del Mesa Farms has relocated to the mill near Confluence Park and can be reached by calling 874-7503 or 874-8287. “It will be an inconvenience, getting everything moved over here and up and running, but it looks like it will be just a few days,” said Matt Lewis. Both he and Brad were ecstatic that ServPro could have their most critical files back in 48 hours. The hard drives have been removed from their computers and are being installed in new machines. That’s good news for two businesses that are in the midst of the hectic tax season. The fire was within a block of the fire station, which led to a three-minute response time for the first truck after 911 was called. The firefighters cut a hole in the roof to provide vertical ventilation, to relieve heat and gas from the building. At the same time, they were attacking the fire on the interior of the multiple-level building. After nearly an hour the fire was deemed under control and firefighters performed overhaul to insure all of the fire was extinguished. When he was admitted into the building around 9:30 a.m., Peters said he was amazed by the absence of water. “These guys are professionals,” he said. He also praised Jerry Reiher of State Farm Insurance and employee Genny Commer. No one was injured in the blaze, and the building is considered structurally sound. Client data is safe and secure, and Peters and Lewis feel fortunate to have employees who are willing to go above and beyond the call of duty. After finally getting a good night’s sleep, Brad Peters is feeling a lot more optimistic. “It’s bad, but oh God, it could have been worse,” he said.

Photo by Pat Sunderland

Three businesses have been forced to relocate after fire and smoke damaged this building at the corner of 5th and Meeker. Despite the interior damage, the building is structurally sound, said owner Brad Peters.

Mother of sex assault victim pleads for justice BY PAT SUNDERLAND Managing Editor

Ninety days in jail. Lifetime probation. A year in jail with work release. In the last year, Roy Nelson, Richard Warf and Jeffrey Bigham walked out of court with what some consider a “slap on the wrist” after pleading guilty to sexual assault on a child. “It’s a disgrace,” said Sandra Ugalde, who is looking for justice for her teenage daughter, the alleged assault victim of Robert Vicencio. Vicencio has pleaded guilty to

an amended charge of sexual assault on a child, a Class 4 felony. If the plea agreement is finalized during a sentencing hearing in Delta District Court on March 6, a charge of aggravated incest will be dismissed. “They give them 45 days in jail, or two years probation. What is that? Nobody is being punished . . . it’s like giving them an okay to do what they do,” Sandra said. “It’s a shame because the victims, like my daughter, have to live with that their whole life. My daugher has

Councilmember stands firm: Condemnation is not an emergency BY PAT SUNDERLAND Managing Editor

Efforts to expedite the condemnation of property for the city’s alternate truck route failed when councilmember Robert Jurca refused to approve an emergency ordinance at the council’s Feb. 21 meeting. The ordinance ultimately passed, but not as an emergency which would have made it effective immediately. Instead, a second reading and subsequent publication will be required for final adoption. The city is exercising its power of eminent domain on property located south of Highway 348 between the Uncompahgre River and the Union Pacific Railroad tracks. A law firm in Florida serves as trustee for the owner, Family Household Trust. The city has tried to contact the trustee

on numerous occasions with offers to purchase the property, but there has been no response. City attorney Mike Schottelkotte finally recommended the city exercise its power of eminent domain and he prepared an ordinance to move the condemnation process forward. “I don’t see this as an emergency,” Jurca said. “We dragged our feet and now we’re trying to cover our tracks.” “As hard as we worked to try to get this accomplished, I don’t feel we’re being unfair by declaring an emergency,” councilmember Bill Raley countered. Councilmember Guy Pfalzgraff said the ordinance should be adopted as an emergency because of the necessity to move forward with the contract with Sema

Constructors. The notice to proceed for the first portion of Confluence Drive, the section north of 5th Street, is scheduled to be given April 1. The notice to proceed for the portion of Confluence Drive south of 5th Street, which includes the property in question, is scheduled July 1. In the meantime, a portion of the property to be acquired from Family Household Trust is to be exchanged with Union Pacific Railroad for the relocation of the railroad tracks south of 5th Street. City manager Joe Kerby says the railroad is reluctant to finalize the exchange agreement until ownership of the property is finalized. “In order for us to stay on course, we need to have an exchange agreement with the railroad by April 1,” he said. Schottelkotte outlined the

INDEX

Drug dealer sentenced

Accent ........................... A4 Activities ....................... A7 Agriculture .....................C8 Bruin Tracks ................C3-6 Business ........................ A8 Church ............................B5 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-6 North Fork Times ........B1-4 Obituaries ..................... A6 School Zone .................. A5 Service Directory ........ D9 Sports ..........................B6-8 Surface Creek News ...C1-7 TV Listings ................. D7-8

On Feb. 22, Mitchell Morales was sentenced to a term of 16 years in prison for his role in conspiring with others to import high grade methamphetamine into Colorado and sell it in Montrose and Delta counties. In imposing sentence, the Montrose District Court Judge recognized the harm to our communities caused by Morales’ criminal conduct. According to district attorney Dan Hotsenpiller, Morales pleaded guilty on Dec. 12 to one count of conspiracy to distribute methamphetamine, a class 3 felony. “The results in this case could not have been achieved without many hours of excellent work performed by members of the 7th Judicial District Drug Task Force,” Hotsenpiller said.

lengthy legal process which must be completed before the condemnation proceedings are finalized. “That could take two and a half months or longer, and that’s getting you closer and closer to the deadline of July 1. “The delay could have significant financial implications for the city, and that’s a legitimate basis for an emergency,” he said. He apologized for lacking the foresight to move forward with the ordinance, and an accompanying resolution, prior to the city council meeting, but said this is the first condemnation action he’s undertaken in his 40-year career as an attorney. While four of the five councilmembers were willing to move forward, an emergency ordinance requires unanimous approval.

nightmares, she can’t sleep unless the light is on . . . yet I see the people with DUIs, with drugs, they go to prison. It’s a disgrace.” Delta Police Chief Robert Thomas understands Ugalde’s concerns. His department arrested Vicencio in February 2011 after investigation revealed Vicencio had allegedly assaulted the girl over a period of time beginning when she was in the sixth grade. “Hopefully he won’t get a slap on the wrist,” Thomas said. “I think he deserves prison time. I would be very disappointed if the system fails to provide justice for this young lady.” Ugalde and Vicencio lived together for 10 years. Sandra is burdened with guilt because she knows she brought Vicencio into her daughter’s life. Then, because she was so busy working to support her family, she didn’t notice what her daughter was going through. “My daughter is now 15. She kept this to herself for years, since she was 10. “I ask her, why you never say nothing to me? She says she didn’t know what to do. She was afraid and she didn’t want to destroy her family.” Sandra has yet to hear the whole story, and is apprehensive about what her daughter will have to say at the sentencing hearing. But she’s determined to see justice done, so determined she researched the state statutes that define felonies and their sentencing ranges. She fought for a Class 3 felony for many months before the district attorney decided to proceed with the PLEA FOR JUSTICE TO A3

Put the Beef Roast on Sunday’s menu The 62nd annual 4-H Beef Roast is set for this Sunday, March 4, from noon to 3 p.m., at Delta Middle School and Hotchkiss High School. “The 4-H Beef Roast has become one of Delta County’s finest traditions,” said F. Isaac Munoz, CSU Extension Agent. “It’s a unique opportunity for families and friends to come together to share a fine meal and support local 4-H kids.” This year’s menu will feature locally raised high-quality roast baron of beef by Homestead Meats. As usual,

the meal includes mashed potatoes and gravy, coleslaw, green beans, dinner roll, cheesecake, ice cream, coffee, tea, and water. Takeout meals are also served. Adult tickets are $8 and tickets for youth under 12 years old are $4. Tickets are available at the door. For more information and advance tickets, visit the Delta County 4-H Office at 525 Dodge Street in Delta or call 874-2195. Everyone is welcome to be part of this tradition!


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