Showing posts with label Orchard City. Show all posts
Showing posts with label Orchard City. Show all posts

09 June 2017

Nursing Homes: the business of taking care of our loved ones

My great-aunt Mabel and me. 2017 Author's Photo.
My great aunt has been in the nursing home for nearly a decade. Her retirement yields a little over $5,000 a month (post tax). The nursing home monthly bill is $7,000. We've finally depleted all invests, annuities, and other assets and will be making the move to Medicaid.

I find it amazing that in Delta County, where the cost of living is the lowest in the state and the aides, cooks, and most of the support staff earn minimum wage, and through all this, a monthly bill is over $7,000! All this gets you a twin bed in a shared room where they provide one shelf for personal affects and tell you not to hang family photos, repaint, or other change the sterile institutional white room. My brother's sub had more personal space than these nursing homes.

With an occupancy rate of say 50, this is $350,000 per month or $4.2 million per year, plus an additional million in subsidies for providing ageing care services in the rural areas. The institution is a non-profit, so there aren't really any taxes to worry about, which begs the question of how in the world is so expensive?

What is even more amazing is that the nursing home is subsidised directly by state and federal government and the facilities themselves are at least 25+ years old, so it's not like the price point reflects a modern state of the art facility.

Lesson learnt: Don't worry about saving. Take that expensive trip. Deplete the cash reserves. If you have any inkling you'll end up in a nursing home, you won't need to worry about a will, as the only thing you'll pass on is a burial bill.

Hopefully no one interprets this rant the wrong way. The ability to make your loved ones a little bit comfortable at the end of life is worth everything you have. No one should ever expect, nor be given anything in life. You earn your way, by starting out with nothing, immediately going in debt, climbing out and becoming a successful member of society. That is the American Dream.

In many ways, inheritance is a corruption on society. It passes on the successes on one generation to another, only the receiving generation was not the creator of success, but merely a beneficiary. By removing the grit and hard work, and the sweat and blood, we create a lazy, privileged, and unmotivated culture.

Yet, the debt that is piled on now days is hard to overcome: rising costs for higher education, unaffordable health insurance with high deductibles, the cost of health care itself is through the roof (don't get ill or injured), being able to save for a down payment on a house is more challenging, as the cost of living pretty much eats up a month's income. Even regulatory barriers make entering many business markets a challenge.

At what point in time are the masses unable to pay their debts and earn their way? Schemes that deplete wealth, especially the middle class, should be very worrisome. Until the cost/income ratio is able to balance a bit, any help families can provide to one another is essential to creating members to society who will be able to pay their own way.

09 May 2017

Crime, homelessness, economics, & the politics of cannabis

Local policy makers are touting the economic benefits of commercial cannabis cultivation as a meansNational Public Radio’s Central California affiliate, a one-acre grow operation could bring in $19 million a year![1] While profits vary, jobs in the 420-industry, such as bud trimmer earn $12-13 an hour, according to Forbes. The grow master or cultivator can expect to earn $100,000+ per year.[2] to replenish depleted coffers. Looking at the numbers, it is hard to deny their claims. According to a report by

Colorado’s Amendment 64 was passed by the voters in November 2012; and the commercial sale of marijuana to adults, 21 years of age and over, for recreational use began on January 1, 2014.[3] This date is important, because in the March 15, 2017 issue of the Grand Junction Daily Sentinel, it was reported that property crimes and all crimes reported saw a major increase from 2014 onwards. While violent crimes declined in the year 2014, thereafter, violent crimes have also seen a significant increase.[4]

One hypothesis is that crime and homeless have increased in Colorado since the legalisation of recreational marijuana.

The Sentinel article quotes Grand Junction Police Chief, John Camper, as saying, “I talk to police chiefs throughout the state and they’re seeing the same thing that we’re seeing – a level of violence that we haven’t seen before,” noting that it’s hard to pinpoint the reason for the rise.[5] Chief Camper is quoted later in the article as saying increases in property crimes are “often an indication of an increase in drug activity.”[6]

From 2014 to 2016, School District 51 students, who are broadly identified as homelessness, soared nearly 55% from 388 to 600, according to a Daily Sentinel article at the time.[7]

The 2016 Housing and Urban Development Report on Homelessness, reports that “Between 2015 and 2016, the number of individuals experiencing homelessness increased in 22 states. The largest absolute increases were in California (4,504 people), Washington (1,374 people), and Colorado (721 people).” [8] Percentwise, this was 13 points up from the previous year and represented a reversal of the trend which showed homelessness slightly declining over the past decade.[9]

In privileged conversations, some Western Colorado policymakers have expressed to this author their belief that the legalisation of recreational cannabis has led to an increase in crime and homelessness.

Looking at the numbers state-wide, the Colorado Bureau of Investigation reports that all major crime classes have increased 6.20% since the beginning of 2014.[10] Between 2013 and 2014, crime actually decreased by one percent. Looking at the aggregate picture of crime in Colorado for the decade 2005 to 2015, crime generally was decreasing annually until 2012.[11]

Comparing these state-wide numbers with more pronounced local findings, there does suggest a slight correlation between increased crime and legalisation of recreational cannabis. More data and in-depth analysis will be required to know for sure, but certainly those who have expressed concern are not without merits.

The Financial Crisis 2007-08, sparked by the subprime mortgage market and excessive global barrowing and risk taking, had major ramifications at the local level. By 2009, Colorado hit the high-water mark with 46,394 home foreclosure filings.[12] Smaller jurisdictions, such as Delta County saw their worst numbers in 2010, with 264 foreclosure filings.[13]

In 2009, a small group of Delta citizens, from various churches, concerned by seeing homeless people lingering around town, organized to start a homeless shelter. As the Financial Crisis became entrenched and foreclosures mounted, industries such as the local lumber company and saw mill closed, followed by the North Fork coal mines. At the same time, Mesa County saw a major reduction in the Oil and Gas industries. As the layoffs, failures, and foreclosures mounted, so did the homeless situation.

Homelessness had increased enough locally, that in November 2014, the Abraham Connection (Delta County’s Homeless Shelter), made the decision to move out of the Delta Methodist Church’s basement and begin construction of a $750,000 facility,[14] which opened in November 2015.

During the Nov. 2013–May 2014 season, the Abraham Connection provided 840 bed nights. Contrast that number with 2,665 which was the total number of bed nights provided during the Nov. 2016–May 2017 season.[15] In three years’ time, that is a 217% increase in homelessness.

Looking at Delta County as a case study, with over 1,000 coal mining jobs gone, a couple hundred timber related jobs chopped, and countless ‘mom and pop’ stores shut for good, a rising homeless population and a school district and hospital struggling under declining revenues due to ratcheted-down property valuations, many policy makers have turned to marijuana as the saviour.

Delta County Commissioner, Mark Roeber, told the Denver Post that he receives calls “almost daily, saying marijuana is going to save us.”[16] While Delta County, and the municipalities within the county, have sustained a prohibition on commercial retail and cultivation since 2013, some towns have explored the retail pot question.

In 2014 Paonia voters rejected a retail pot question, as was the case in Hotchkiss in 2016. By 2017, Orchard City considered repealing their prohibition on commercial marijuana, as did the Paonia town council.[17]

Aside from the cultivation operation owner, the grow master or cultivator is the only employee who would earn what a displaced coal miner had earned annually.[18] Other jobs in the 420-industry would pay comparable to entry level west slope salaries.[19]

While the Green Rush has more likely than not increased crime and homelessness, the costs of these increases to local societies should be calculated when setting budgets for social serves, programs, and law enforcement. Communities should factor in all costs when considering the economics of boosting a city or county’s coffers.



[1] Romero, Ezra David. "California Farmers Consider Cashing In On A New Crop . . . Marijuana." Valley Public Radio. NPR, 15 Dec. 2015. Web. 15 Mar. 2017.
[2] Borchardt, Debra. "The Five Best Marijuana Jobs." Forbes. Forbes Magazine, 27 May 2016. Web. 15 Mar. 2017.
[3] Healy, Jack. "Up Early and in Line for a Marijuana Milestone in Colorado." The New York Times. The New York Times, 01 Jan. 2014. Web. 15 Mar. 2017.
[4] McIntyre, Erin. "All Categories of Crime in GJ rising Sharply." GJSentinel.com. The Grand Junction Daily Sentinel, 15 Mar. 2017. Web. 15 Mar. 2017
[5] Ibid.
[6] Ibid.
[7] Langford, Katie. “Homelessness on rise for kids in District 51: Increase due to better identification, economic and family reasons.” The Grand Junction Daily Sentinel, 18 April 2016. A1+
[8] “The 2016 Annual Homeless Assessment Report (AHAR) to Congress.” US Department of Housing and Urban Development. Office of Community Planning And Development, Nov. 2016. Web. 1 May 2017. Pg.14.
[9] Ibid.
[10] “Crime in Colorado Annual Reports 2005-2015.” Colorado Bureau of Investigation. Colorado Department of Public Safety, 2016. Web. 8 May 2017.
[11] Ibid.
[12] “Foreclosure Reports and Statistics 2002-2015.” Division of Housing. Colorado Department of Local Affairs, 2017. Web. 8 May 2017.
[13] Delta County Treasurer’s Office Report 2006-2016.
[14] Press Release Nov 2014. Abraham Connection / Delta County Homeless Shelter.
[15] Facebook announcement 1 May 2017. Abraham Connection / Delta County Homeless Shelter. Web. Accessed 8 May 2017.
[16] Finley, Bruce. “Collapse of Colorado coal industry leaves mining towns unsure what’s next.” The Denver Post, 14 May 2016. Web. Accessed 8 May 2017.
[17] Soper, Matt. “Timeline details Marijuana votes and regulations (Delta County, Colorado).” Delta County Independent, 1 March 2017.
[18] Op. Cit. see Finley article and Borchardt article.
[19] Ibid. 

09 March 2017

The Carmichael branch of Delta County, Colorado's Howard family

Myrtle Irene Howard , born September 3, 1877 in Castle Creek, Broome County, New York to Ira Howard Sr. and his wife Anna. In the autumn of 1887, the Howard family took the “shanty train” West, settling in Colorado’s San Luis Valley. It is not known when the Howard family became Seventh-Day Adventists, but from the early years of living in Colorado they were active in the Adventist church in Monte Vista and Delta. The Howard family has always been a close-knit, loving farm family.

Jackson (“Jack”) Ellsworth Carmichael  was born on October 11, 1864 in Jefferson, Noble County, Ohio. Prior to 1894 Jack and his parents, David and Sarah Carmichael, moved to Colorado and located in Rio Grande County.

Jack’s father, David L. Carmichael, was born in Virginia , circa 1824. His mother, Sarah Miller, was born in Greene County, Pennsylvania on May 6, 1827 . In 1844, the Miller family moved to Ohio, and two years later, in 1846 , she married David Carmichael. Together they had seven children. In 1895, Sarah was baptised as a member of the Seventh-Day Adventist Church and remained a faithful and devoted member until her death. David died in Monte Vista between 1900  and 1910. Sarah moved with her son Jack and daughter-in-law Myrtle to the Read / Austin / Cory vicinity of Delta County in the spring of 1911. Sarah passed away on March 4, 1913, at the age of 86 in Delta County,  Colorado. Sarah was survived by her four sons: Jacob, Joseph , Jasper , and Jackson. Collectively the siblings were known as the “4Js”.

Joseph was a mining engineer had convinced Jack to become a partner in a gold mine, the “Lone Pine”, near Prescott, Arizona. There were several occasions when Jack would go down to Arizona and help work on the mine. Glen Edward Carmichael, Jack’s grandson, even got in on this small scale mining operation in the 1980s. The mine is no longer in the Carmichael family, as the other partners wanted to sell out. Today, the area where the “Lone Pine” once operated, there is now paved roads, powerlines, and multimillion dollar homes. Joseph Carmichael had been mining in South America and returned to Dade County, Florida, where he resided at the time. He had written his brother Jack to tell him about his investments and assets, but the next letter the family received was from the local sheriff, saying his body had been found at the railyard and he was penniless.

Jack Carmichael was a stone mason and in 1907 he advertised for Echoes from the Field: “Wanted, two brick moulders and several other men to work in a brick yard, beginning May 5; wages, from $2.50 to S4.50 per day. Address J. E. Carmichael, Monte Vista, Colo. – J.E. Carmichael.”  In 1911, Jack built the Howard family home at Read.

On July 9, 1895, Myrtle Howard married Jack Carmichael in Monte Vista, Colorado. It was not long before the newly formed union began to bear fruit.

On March 19, 1896, Carl Clemet Carmichael was born in Monte Vista.  Carl married Gladys Adonna Johnston in Cory, Colorado on March 12, 1922.  Gladys was born on January 28, 1900 in Madison, Nebraska, and died on May 6, 1983 in Yuba City, Sutter County, California. Carl passed away on April 19, 1986 in Marysville, Yuba County, California.  They had a daughter, Gladys “Euline” Carmichael Epperson, who was born on January 18, 1923 in Cory, Colorado; she died on June 4, 1987 in Yuba City, California.

Ray Luther Carmichael  was born next. It should be noted that Ray’s 1918 WWI Draft registration card lists his date of birth as March 3, 1898 and his age as 20, however his tombstone in the Delta Cemetery has his date of birth as March 3, 1900. This is corroborated by his obituary, which listed the birth year as 1900.  The mystery is further complicated by the fact that Ray is listed as having turned 2 years old at his last birthday on the US Census of 1900, which would place his year of birth in 1898.  On September 4, 1926, Ray married Odell Elone Henson  in Grand Junction;  the licence indicates Ray was 26 at the time and Odell was 18 years old. Odell was born on November 15, 1908 and passed away on September 11, 1997  in Delta.  Ray passed away on January 23, 1986  in Delta.  Odell had been long time member of the Delta Seventh-Day Adventist Church. In later life, Odell’s daughter, Sylvia Griffith, and son-in-law, Jim Griffith  also came.

The third son was Fred Jackson Carmichael, born on May 1, 1905 in Monte Vista. He passed away on June 11, 1982  in Montrose, Colorado. Fred married Elva (or Elma) Fay Wear on March 23, 1934 in Moab, Utah. Elva was born on March 23, 1913 in Delta County, Colorado. She passed away on May 25, 1977  in Montrose County. Fred and Elva are interred at the Grand View Cemetery in Montrose.

The youngest son was Glen Howard Carmichael, who was born on September 11, 1910 in Monte Vista, Rio Grande County, Colorado. Glen passed away on June 26, 1994 in Delta, Colorado.  On October 15, 1931, Glen married Dottis Estelle Wear in Delta. The Wear family moved to Delta County between 1907 and 1910 from Texas.  Dottis was born in Delta on April 18, 1911 and passed away on April 25, 2006.  Glen and Dottis were long time members of the Delta Seventh-Day Adventist Church. They had one son, Glen Edward Carmichael, who retired as the production manager of Hi-Quality produce packing in Delta.

Even though the Jack Carmichael family began in the San Luis Valley in 1895, sometime between the autumns of 1898 and 1899, the Carmichaels embarked beyond the Continental Divide, settling in the lower Gunnison Valley in Delta County. During the 1900 Census, the Carmichaels were renting a farm and house in Eckert, an unincorporated village in the Surface Creek Valley, comprised of a post office, several stores, and numerous fruit orchards. By at least 1906, the Carmichaels were back in the San Louis Valley. During the 1910 Census, the Carmichaels are back in Monte Vista, Colorado.

The Carmichaels must have advocated quite persuasively that Delta County was the place to be, as by the spring of 1911 the Howards had purchased a farm in Read, Colorado from Harry Trail. The contract for the real estate was signed on May 13, 1911 and recorded on June 19, 1911. The owners listed on the Read farm warranty deed were Anna Howard and Amelia Hayes. Immediately after the closing, Ira Sr. and his son, Ira Jr. (Myrtle’s brother), along with Jack Carmichael (who was a stone mason), built the stone house at Read, which was home to the Howards from 1911-1962, when they moved to 10 Hartig Drive in Delta. Echoes from the Field reported on October 4, 1911, “Brother and Sister Carmichael and Sister Wade of Monte Vista have recently moved to Delta. Brother Oosterhous and wife plan to move there soon. This leaves the Company at Monte Vista rather small now, but we believe that others may be found at that place who will take their stand for the truth.”

The Jack Carmichael family rented the home and farm located adjacent  to where Roy and Marjorie (Howard) Long lived on the hill above the Gunnison River.  The modern day address of the place the Carmichaels rented is 8383 Marshalls Road, Austin, Colorado. The 1920 and 1930 Census indicates they were renting here, though it is not exactly known when the letting began or concluded. As of 2017, the home they rented is still there and owned by the Randall Shepard family.  The house was built in 1904.

The Carmichaels raised their family in the newly formed town of Orchard City.  Eventually the family moved to California Mesa and then Delta. Myrtle Howard Carmichael passed away on October 24, 1940 at the age of 63.  A fortnight later, on November 7, 1940, Jack and Myrtle’s niece, Orpha Mae (Howard) Miley passed away. This must have been a tough time for the Howard family.
On February 14, 1952, the patriarch of the family, Jack Carmichael, passed away.  He was 88 years old.  When Jack passed away, his obituary, published in the Central Union Reaper recognised him as one of the early members of the Colorado Seventh-Day Adventist Church.

A question which has persisted is when did the Howards become Seventh-Day Adventists? In a personal interview with Mabel Howard, niece of J.E. and Myrtle Carmichael, she recalled her “Uncle Jack and Aunt Myrt were devote Adventists, along with mama and grandpa [and others in the family].”  In 1898, it was reported in the Review and Herald that Elder Carmichael helped with an evangelistic series over in Cripple Creek.  In Echoes from the Field, dated September 12, 1906, “Brother J. E. Carmichael writes that their church school has started out nicely at Monte Vista. Miss Bayliss of College View is their teacher.”  In 1908, Jack Carmichael was a delegate to the General Conference and Central Union Conference of Seventh-Day Adventist.  At the Conference, Jack Carmichael was granted a ministerial license to be employed with church work in the field.  It appears Jack preached and was part of a spiritual weekend at the La Veta SDA Church in 1909.  La Veta is a statutory town in Huerfano County, Colorado and has had a post office by the same name since 1876. As of this writing, La Veta had roughly 700 inhabitants, roughly the same as when J.E. Carmichael and family would have visited in 1909. In 1913, J.E Carmichael was again granted a ministerial licence, this time for the Western Colorado Conference.

In reviewing the family archieves, it is amazing how many post cards they sent each other, especially when Jack and Myrtle were attending Seventh-Day Adeventist Confrences. One post card was from Iva Mae Oosterhous to Myrtie Carmichael telling them they had arrived safely in Montrose and were looking forward to seeing [President] Taft.

The August 3, 1922 issue of the Review and Herald featured a poem written by Jack Carmichael.  (see insert on previous page). In the early 1940s, Jack became blind. After prior to 1940, Jack and Myrtle, who lived at 215 Howard Street, Delta at the time, moved down the street to live with their son and daughter-in-law, Glen and Dottis Carmichael. A rope was tied from the back door of the house to the carriage house and corral in the back yard, where a milk cow was kept. Every morning, Jack would follow the rope and milk the cow. Jack enjoyed holding and spending time with his grandson, Glen Edward Carmichael, who was born in 1940, the same year Myrtle passed away. Jack passed away in 1952.

Glen Carmichael worked as a sugar beet foreman for many years and then went to work for the union. He eventually became a labour negotiator, travelling around the nation helping negotiate collective bargaining agreements and contracts. The Carmichaels moved to 224 Park Street on Garnet Mesa Hill, next to Dottis’ parents’ home in 1950. Dottis’ dad, Mr. Wear, ran a blacksmith shop behind the house until it burnt down one night. Glen Edward recalls the time he and the neighbour kids built and underground fort and covered it with sticks and branches. “Later that night grandpa came home from his Oddfellows meeting and crashed into the fort. We never heard the end of it.”

In Delta, Colorado: the first 100 years, by Deborah Doherty, Glen Carmichael was interviewed about the Holly Sugar Factory and World War II. “The sugar factory was considered a priority commodity and the workers at the Holly Sugar plant in Delta were deferred when their names came up for the draft. Since its operation was seasonal, however, many of the temporary employees were drafted by the government to work during their off months at a military base in Utah.”

Glen Carmichael leased and managed the old airport from Starr Nelson’s heirs after World War II. He ran Veteran’s Training Programs which were funded by the federal government, as well as private aviation classes. These activities continued when Carmichael moved the operations to Blake Field in the late 1960s. Glen leased a hanger and continued the flight school. In 1968, responsibility of the airport finally became the sole concern of the county government. Carmichael served as airport manager for about eight years. He later partnered with businessman Tim Arnett and opened the Delta Discount Center in 1976.

Carmichael was the founder of Delta’s Civil Air Patrol and formed a search and rescue team, with Glen as the commanding officer. The old Armoury Building, erecting shortly after WWI, served as the Air Patrol’s headquarters and saw many well-disciplined youngsters learn technical aspects of flying, shooting, how to spot dangerous situations, archery, and the use of Geiger counters, and other technical instruments. The Civil Air Patrol was very active during the Cold War.

Glen and Dottis raised two bob cats. They also had a big Siamese cat that rode with them everywhere they went, even to church! Its name was Pauline and could stand with its back legs on the floor and place her front paws on Dottis’ shoulders. Even though Dottis was only about five feet tall, a cat who could do that was still a pretty big cat.

Glen Edward and Dori managed fruit ranches from 1964-70, then managed the airport. Glen later was the production manager at Hi-Quality, one of the last fruit packing sheds in Delta County.

02 March 2017

Timeline details Marijuana votes and regulations (Delta County, Colorado)


2000 Amendment 20: Medical Marijuana
Cannabis / Marijuana Plant.
Image KVNF/2012

            Colorado’s General Assembly referred Amendment 20 to the voters for the November 2000failed in Delta County, with 60.34% of the electorate voting against the referred measure. Orchard City largely followed the county results, with 59.78% voting against the referred measure.
election. While the amendment passed with 53.5% of the vote state-wide, the amendment overwhelmingly
            Amendment 20 is codified in article XVIII, section 14 of the Colorado Constitution and provides legalized limited amounts of medical marijuana for patients and their primary caregivers. An informal rule between the Colorado Department of Public Health and Environment and the Drug Enforcement Agency limited primary caregivers to five patients.
            Amendment 20 has a provision whereby people who need marijuana for medical purposes may obtain the drug free of charge.

2006 Amendment 44: Recreational Marijuana

            The first attempt to legalise recreation marijuana was brought before the Colorado electorate in November 2006. Amendment 44 failed state-wide with 58.92% voting no. In Delta County, 68.78% voted against legalising marijuana for recreational purposes. In Orchard City, 75.15% of the voters said no to decriminalising marijuana for recreational purposes.
If passed, Amendment 44 would have changed state law to allow people over 21 to possess an ounce or less of marijuana without legal penalty. Colorado at the time had a law which imposed $100 fine for simple possession of an ounce or less.

2009 CO Dept of Public Health & Environment caregiver limit rejected
           
            In July 2009, the Colorado Board of Health, by one vote, rejected the adoption of limiting caregivers to a max of five patients. The failure to adopt this formal rule effectively approved the dispensary model for Colorado.

2009 First Medical Marijuana Dispensary opens in Orchard City

            In July 2009, following the failure of the Health Department to adopt the five patient rule, the Grand Mesa Herbal Dispensary, LLC, becomes the first retail medical marijuana dispensary to open in Orchard City.
            At the time, “the LLC’s registered agent, Jay, told the DCI. ‘I was asked by a local oncologist to start the dispensary,’ When asked about the town’s proposed moratorium on medical marijuana dispensaries, Jay said, “I’ve lived here (in Orchard City) 17 years, We all know this is a conservative area. I have a license. My plan was to open a location in Telluride. Telluride is an adult town, and I thought they would legalize it (marijuana) there the way Breckenridge did.’”

2009 Ogden Memorandum

            On October 19, 2009, Deputy United States Attorney General, David W. Ogden, issued a memorandum to prosecutors and federal agents saying it was not the policy of the Obama Administration to prosecute medical marijuana patients and caregivers who are in compliance with state law. The effect of the Ogden Memorandum was the “Green Rush” and medical marijuana dispensaries businesses popping up all over Colorado, including Orchard City.

2009 Moratorium on medical marijuana dispensaries (Orchard City)

Orchard City adopted its first moratorium on medical marijuana dispensaries on November 18, 2009. The moratorium was for 180 days to provide the town the ability to research and discuss the issue.

2010 Ext Moratorium on Medical Marijuana Dispensaries (Orchard City)

In May 2010, Ordinance 2010-03 was adopted by Orchard City Trustees which extended the 2009 moratorium on medical marijuana dispensaries.
Between the two moratoriums, “Grand Mesa Herbal Dispensary, moved and expanded its operation from a sequestered site on Fruitgrowers road to a highly visible location on Highway 65.  The town's moratorium had not included any prohibition against existing marijuana dispensaries expanding their operations.”

2011 Orchard City bans medical marijuana facilities

On July 1, 2011, Orchard City Trustees formally banned medical marijuana facilities.

2011 Delta (City) Referred Measure A

            In July 2011, the City of Delta held a special election to consider whether an ordinance to prohibit medical marijuana businesses from operating from within the jurisdiction of the city. The referred measure passed with 68% voting for the prohibition of medical marijuana businesses.
           
2012 Amendment 64: Recreational Marijuana

            In 2012 a super majority of Coloradoans, 55%, voted to legalise personal use and regulation of marijuana. The amendment provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores. Local governments have the authority to regulate or prohibit such facilities.
            In Delta County, voters soundly rejected Amendment 64, voting 55.8% against legalisation. Precincts 9 and 10, which are the Town of Orchard City, voted 60% against legalising of cannabis.

2013 Ordinances prohibiting retail pot passed by every municipality in Delta County

            In the summer of 2013, Orchard City trustees approved Ordinance 2013-01, prohibiting retail marijuana, which had been under draft and revision form since November 2012. At the public hearing to consider whether to adopt the ordinance, only one member of the public spoke against prohibiting retail marijuana. The other members of the public were adamantly for prohibiting retail sales within the town limits. The ordinance passed unanimously.
            The ordinance prohibits commercial marijuana cultivation, product manufacturing, testing facilities, and retail marijuana stores. Crawford, Cedaredge, Delta, Hotchkiss and Paonia also adopted similar ordinances during 2013.
            In August 2013, the Hotchkiss Town Council enacted an ordinance which banned commercial marijuana enterprises from entering the town’s jurisdiction. The ordinance also carried a criminal penalty for violating the commercial prohibition of a fine of $999 and not more than one year in the county jail.
            Delta’s City Council, in mid-August 2013, also voted unanimously to “opt-out” of Amendment 64 and prohibit retail sales. Within the City of Delta, 56% of the population voted against the amendment and in 2011, 68% of the population had voted locally to prohibit medical marijuana dispensaries.

2013 Proposition AA: Taxes on the Sale of Marijuana

            In November 2013, 65.27% of Coloradoans overwhelmingly approved a taxing measure to treat recreational cannabis like any other business. The General Assembly referred proposition implements a 15 percent marijuana excise tax, plus a 10 percent state sales tax.
            The tax was a bit less popular in Delta County than around the state, as 57.42% of the citizens voted in favour of Proposition AA.

2014 Paonia Ballot Questions 2B and 2C

            In November of 2014, voters in Paonia were asked whether the town should establish and operate a retail marijuana cultivation facility (2B) and whether the town could tax the unprocessed retail marijuana and amend the tax as an increase or decrease, not to exceed a total local tax of 10% (2C).
            In Paonia, 53% of the voters rejected Question 2B and 62% voted for Question 2C. After the vote, many attributed the rejection to a campaign launched by a group of high school and middle school students. The students walked door-to-door campaigning against Question 2B.

2015 Proposition BB: Marijuana TABOR Refund Measure

            Colorado law required the vote because the revenue exceeded the initial estimate. The overall revenue was more than voters approved for a marijuana tax in 2013. TABOR requires a projection to be made in a tax’s first year. The voters, with 69.39% voting in favour, allowed the state keep a surplus in pot tax revenue. The measure allowed Colorado to keep $66 million in surplus revenue. The vast majority of these monies will be used for schools.
            Delta County voted 63% in favour of allowing the state to keep the excess collected.

2016 Hotchkiss Ballot Issue 2A

            In April 2016, Hotchkiss voters considered whether to allow medical marijuana centers, optional cultivation operations, and possible sale of medical marijuana –infused products within the town’s jurisdiction.
            Ballot measure 2A was rejected by the voters, with 54% voting against allowing medical marijuana dispensaries and the optional cultivation operations.

2017 Proposed licencing of commercial cultivation and retail dispensaries

            On February 1, 2017, the Orchard City Trustees held a work session where the topic was means to enhance the town’s revenue stream. The trustees stressed the town was not going broke in the short term, but medium and long term forecasts predicted significant budgetary shortfalls. Trustee Dick Kirkpatrick drafted a report which proposed among other alternatives the recommendation the town licence commercial cultivation operations and retail marijuana dispensaries. 
            Over 100 residences turned up for the work session and nearly two dozen publicly stated their opposition to commercial cultivation and retail marijuana operations. Those who expressed their opposition included the County Sheriff, a former naval officer, former trustees, business leaders, and retirees. Few spoke in favour  of marijuana, they included: marijuana industry representatives from Denver, locals who hoped to make their fortune in the “Green Rush”, and residents who saw revenue from marijuana licencing fees as a means to generate revenue without raising water fees or establishing a sales tax.   

UPDATE:

            The Orchard City Board of Trustees, during their Sept. 13, 2017 regular meeting, voted to rescind the decision to repeal the 2011 and 2013 prohibitions on medical and commercial marijuana businesses within the town limits.
            Also during the Sept. 13th regular meeting, the board voted to referrer three measures to the April 2018 ballot. Each of the three questions will ask voters a yes/no question about preferences for revenue generation. The three questions are: 1) implementing a sales tax in town; 2) implementing a property tax in town; and 3) allowing marijuana business that would produce tax revenue for town government.




A version of this research was published in the Delta County Independent on 1 March 2017, Surface Creek Section.

18 November 2015

Remembering WWII: A medic's perspective

Medics help a wounded soldier during the Battle of Normandy in 1944.
Photo courtesy Library of Congress & Walker Collection / Delta County Historical Society

Bill Rea, a medic, landed with his platoon at Easy Red on Omaha Beach on D-Day plus-one.

Rea, a retired teacher and former Orchard City trustee, was drafted into the Army at age 19.

As the LST (landing ship tank) approached the beach, Nazi "hedgehogs" and mines in the water meant that Rea and others had to jump, shoulder-deep, into the icy Atlantic water and wade ashore. Rea said he distinctively remembered a dead soldier with a flame-thrower lying on the sand, his pack shot open and photographs of his family lying beside him.

A German tank broke the American lines and fired rounds past them, hitting a boat and debris behind them in the water. "The sound was like a handful of gravel hitting a tin roof."

The first night in France Rea spent in a fox hole with .50 cal tracer rounds buzzing just feet above him and anti-aircraft shooting at bombers overhead. Rea said the fear was not always bullets, but shrapnel falling from the sky.

As the Americans pushed further inland, the medics followed, establishing a camp in an apple orchard. On one occasion Rea watched a pilot eject from a P-49 and his chute opened only a few feet above the ground. At the same time, the bomb from the plane landed less than 30 feet from where Rea had been observing the incident. Due to the plane's low altitude, the bomb didn't explode.

As a medic, Rea said, "venereal diseases were the most commonly treated. After liberating Paris, treating syphilis and gonorrhea became the main objective of the non-front line medical.

On one occasion some of the soldiers thought cans labelled "poison" were really alcohol. So they mixed it with grapefruit juice and within an hour 10 soldiers were dead and 75 were en route to the hospital after having consumed muriatic acid, a chemical used for cleaning typewriters, Rea recalled.

A victory ship transported Rea and a couple thousand of his fellow soldiers back to the U.S. in 1945. As the ship came into Boston harbor, Rea said he'd never forget a tugboat coming by with a Christmas tree lit up, "White Christmas" playing from the intercom, and a giant sign that read: "Welcome home -- a job well done!"
Bill Rea at his home in Eckert.
2015 Soper/Historical Society photo

Rea said his only regret was not being able to spend more time on the front lines treating the real heroes, the ones taking bullets for their nation. After the war, Rea used the GI Bill to go to college and become an educator with a specialization in teaching reading, later serving on the Orchard City Board of Trustees.

This is the third in a series of firsthand accounts from Delta County residents who served as soldiers in World War II, supported the troops on the home front and feel the costs of war today. The series coincides with a special exhibit which can be seen at the Delta Museum.


_____________________________________
M. Soper, "Remembering WWII: A medic's perspective" Delta County Independent (Delta, Colo.) 18 Nov. 2015, pg. A8

15 February 2013

Matt Soper meets head of US Secret Service

Matt Soper, a resident of Orchard City and former trustee, had the opportunity on Friday, February 15, 2013 to have lunch with US Secret Service Director Mark Sullivan during his visit to the University of New Hampshire’s School of Law. Director Sullivan has announced his intentions to retire, after 30 years with the agency, on February 22, 2013.

The outgoing Secret Service director said he was pleased with the work he had achieved since being appointed to director in 2006.

Mr. Soper said, “I asked Director Sullivan about Colorado Senate Bill 13-013, which is being sponsored by local State Senator Steve King.”

Secret Service Director Mark Sullivan (on right) & Matt Soper
Colorado State Senator King’s proposed legislation will give Secret Service agents limited peace officer authority in the State of Colorado. The premise for this bill stems from Colorado’s increased position in presidential politics and gives the Secret Service the ability to detain or arrest suspects, under Colorado law, who threaten individuals whom the Secret Service is charged with protecting.

Problems have arisen where jurisdictional issues have resulted in questions sufficient cause under federal law and possible usurping state authority. One such issue, resolved last summer before the US Supreme Court, concerned a Summit County resident who confronted then-Vice President Dick Cheney about the War in Iraq. The Secret Service felt the suspect’s sudden aggressive movement warrant detaining the individual. The individual sued, claiming his First Amendment right to political speech had been infringe and that the agents did not have authority in Colorado to detain him. The Supreme Court ruled in favor of the Secret Service and the agents, holding that the agents have immunity.

State Senator King hopes to resolve the conflict in jurisdictional issues by granting the Secret Service limited peace officer status while they are within the State of Colorado. Secret Service Director Sullivan indicated he supported measures designed to enhance cooperation.

Mr. Soper and Director Sullivan also talked about how the Secret Service is charged with more than protecting the President and Vice President and their families. Around 1,000 agents are assigned to the presidential detail, but this pales in comparison to the number of agents who are cracking down on counterfeiting and international criminal attempts to disrupt America’s monetary system.

The US Secret Service began in 1865, after the assassination of President Abraham Lincoln. Originally the agency fell under the auspices of the Treasury Department was tasked with protecting the president and stopping counterfeiters. Today the Secret Service is under the Department of Homeland Security and protects high level public official both domestically and abroad. The agency continues to suppress counterfeiting and electronic fraud, and cybercrime affecting the monetary supply. 

28 November 2012

2012 year-in-review: LL.B. to LL.M.



In the year since graduating from the University of Edinburgh much has happened in my life. I have gone from law student to campaign manager to youngest elected city council member of my home town to working for the leading NGO on maritime piracy to once again being a law student. In this time I have met and visited with the president, vice president, GOP challenger, a retired US Supreme Court justice, the highest judges from New Hampshire, Texas, and New York, along with visiting with Colorado's governor, New Hampshire's governor, Texas' governor, the junior US senator from South Dakota, and a former US senator from Pennsylvania, not to mention having lunch with a former governor of New Hampshire and a former US senator from Colorado. Life has also been challenging, I was present when my aunt Clara passed away and not long after that I received the letter saying I had been denied admittance to sit the New York bar. This resulted in me having to step down as trustee and pursue an LL.M. degree, which is one of the new requirements for sitting the bar. I also experienced the economic downturn, but applying to over 50 businesses and hearing no responses. Perseverance and no matter the odds, never give up, have become daily mantras. The following is a year in review:

27 November 2011 - graduated from University of Edinburgh with an LL.B. in Law

December 2011 - launched exploratory committee for a possible bid for the Colorado House of Representatives, Dist 61

January 2012 - began campaign manager for Bruce Hovde's re-election campaign for Delta County Commissioner, Dist 2

February 2012 - began campaign for Orchard City Board of Trustees

3 April 2012 - elected Orchard City's youngest Trustee

April - October 2012 I served on the Orchard City Board of Trustees. 

April 2012 - became campaign manager for Mark Roeber's Delta County Commissioner Campaign, Dist 3

May - August 2012 - maritime piracy legal researcher (intern) with Oceans Beyond Piracy, which is an NGO that provides research on the economic and human costs of piracy at sea, along with engaging stakeholders to find a governance based solution to countering piracy. Working included revising and enhancing counter piracy matrix, editing law reports, following pending criminal and tort cases, and providing information for diplomats, the military, and industry. 

September 2012 - begin LL.M. in Intellectual Property (IP) Law at the University of New Hampshire's School of Law (Franklin Pierce Center for Intellectually Property)

September 2012 - visited Portland, Maine; Kennybunkport, Maine; Boston, Massachusetts; Mount Washington, New Hampshire; the White Mountains of New Hampshire; Newport, Rhode Island

October 2012 - shook hands with President Obama in Portsmouth, NH; visited with Vice President Joe Biden in Concord, NH; talked constitutional law with form US Supreme Court Justice David Souter in Concord, NH; and gave words of encouragement to Mitt Romney in Manchester, NH.

October 2012 - travelled to New York City for the first time since I was 12 years old. Met up with my former Edinburgh flatmate and good friend, Fabio Pucci. We were flatmates for nearly 3 1/4 years. He was in NYC to present a paper at the Rockefeller. We went to the top of both the Rockefeller Center (Top of the Rock) and the Empire State Building. I stayed the first night in Harlem and the second in Times Square. Whilst walking in Central Park, I thought to myself Manhatten Island is crazy, fun, and looking at the buildings might injure my neck ;-) I also went to the cite of the World Trade Center attacks. I was disappointed that there were venders (including the National Commission) selling goods, profiting off of the dead of nearly 3,000. Fabio put things in perspective by saying the towers were about commerce and free enterprise, capitalism, and trade. "If there weren't venders selling goods and making money on the very site where so many died, then the terrorists would have won." 

October 2012 - sat the Multi State Professional Responsibility Exam (MPRE), this exam, along with the Bar Exam, is required to be admitted to practice law.

October 2012 - visit Montpelier, Vermont

October 2012 - elected as a "write-in" to the Board of Governors of the New Hampshire Student Bar Association 

November 2012 - hung out with the Supreme Court Chief Justices of New Hampshire, Texas, and New York; in addition to having lunch with former New Hampshire Governor Steve Merrill.

07 November 2012

Trustee Soper's resignation letter

Dear Mayor and Board of Trustees:

This letter is to intimate my resignation from the Board of Trustees, effective upon the swearing-in of a lawful replacement. This past July complications with the New York Court of Appeals arose regarding my qualifications to be called to the bar under newly enacted regulations. These regulations were in response to the financial crisis and were designed to protected American legal jobs for American lawyers. Unfortunately for my situation, I studied outside the United States, which means I fall under these new regulations. Prior to this summer, the regulations allowed anyone who had studied at least three years of law within a common law jurisdiction to pay the fee and sit for the New York Bar Exam. Providing a candidate passed the bar and an ethics check, and then they would be admitted to practice law.

After being informed of the situation, I launched an appeal, based on legitimate expectations and the grandfathering clause. My appeal ultimately failed and I am required to complete an LL.M. (master of laws) degree at an American Bar Association (ABA) law school. The program must be taught in-person and certain course work completed before admittance to sit the bar will be granted. I applied to the University ofNew Hampshire, School of Law and was accepted. They have a continual admission process right up until classes commence. Once I have completed this degree, I will then sit for the bar exam in July 2013.

The entire affair has come as a surprise and it is with great sadness that I must step down from my seat on the Orchard City Board of Trustees. Since I will no longer physically be in the jurisdiction of the town, I will not be able to be an effective representative for my constituents. I have been honoured to represent my fellow citizens for the past six months and it has been a privilege to hold this position of esteem trust. I believe the good people of Orchard City will understand that since I already have a substantial educational investment in becoming an attorney, I cannot afford to do anything but comply with the new regulations.

In these past six months I have learned much about municipal government - especially in relation to water. As the author of the mosquito resolution, concerning the EPA's and Agenda 21 's attack on aerial spraying, I was pleased to see our board send a strong message to our congressional leaders. Helping repeal the water conveyance rule, which took water away from farmers in good years only to sell it back to them in drought years, was an accomplishment
which helped loosen the regulatory barriers imposed by local government. Voting for our hydropower- unit and voicing concern over our engineering firm was about due diligence and looking out for town's future. Most importantly, I proud to have played a role in the Centennial celebration of my town- in the town play I portrayed the Cory postmaster (ironically, a position my cousin held for many years).

I have one request to make of the board. I'd recommend the Board of Trustees fill my vacancy with an individual with similar characteristics as me. The electorate voted for certain values and characteristics, which I brought to the Board of Trustees and it is only fair to the people to maintain these elements. In other words, I am recommending against making my vacancy the subject of spoils and patronage.

Orchard City is a great town and a place where I plan on raising my family, practicing law, and retiring someday. Being an advocate for my neighbours and representing them has truly been rewarding. Orchard City's Board could teach representatives in Washington, DC a lot about governing, namely how to do more with less and balancing a budget. I am pleased to say that in this half-year together we have upheld the public trust and managed the best interests of the town to such a degree that our founders would be proud.

Thank you and God bless,
            /s/
Matthew Soper,
BA, LLM, LLB
Trustee, Town of Orchard City,
State of Colorado