Delta County Independent, Dec. 13, 2017

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NORTH FORK TIMES

SURFACE CREEK NEWS

THIRTEEN FOR 13

SPORTS

STORYWALK TURNS ONE

PHS grads take the basketball court in support of teammate, B1

CHS students take kids, families on the trail to a tale, C1

DELTA COUNTY

BACK-TO-BACK WIN

Bruins claim team title at Delta Invitational wrestling tourney, B5 DECEMBER 13, 2017 VOL. 134, NO. 50

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Marijuana petition is still being circulated BY PAT SUNDERLAND Managing Editor

The target date for placing a marijuana question on the April ballot has passed, but proponent Christi Prettyman plans to continue gathering signatures into the early part of next year. Prettyman has 180 days to obtain a sufficient number of signatures from registered electors in the City of Delta. That means she can continue gathering signatures through Feb. 21. The petition seeks repeal of the ordinance prohibiting retail marijuana stores, marijuana cultivation facilities, retail marijuana products manufacturing and marijuana testing facilities within the City of Delta. The ordinance has been on the books since 2013. State statute requires signatures from 5 percent of the city’s 5,362 electors, which equals 268. City charter raises the bar to 804, or 15 percent. Prettyman said she’s shooting

for 1,000 signatures, to be on the safe side. After the city clerk has verified the signatures, and a protest period has elapsed, city council will review the petition. If council declines to remove the marijuana ordinance, a special election will be scheduled. To be proactive, Delta Planning Commission and Delta City Council members have been reviewing proposals for the zoning and taxation of marijuana businesses. If either the city council or the voters open the door to marijuana sales, the Delta Planning Commission recommends: • Retail marijuana stores as a use by right in B-1 and B-2 zones. • Retail marijuana stores, retail marijuana products manufacturing and retail marijuana testing facilities as a use by right in B-3 and industrial zones. • Retail marijuana MARIJUANA TO A3

Photo by Pat Sunderland

Santa’s reindeer

Four of Santa’s eight tiny reindeer were spotted at Bill Heddles Recreation Center, tummies full of pancakes after Breakfast with Santa. From left to right are Kellen Rover, Koye Rover, Kaci Teyler-Crowder and Adi Teyler-Crowder.

School district responds to Fisk’s allegations BY PAT SUNDERLAND Managing Editor

Delta County Joint School District #50, and its special counsel, Jon Olafson, have responded to the complaint filed by Cidney Fisk, a 2016 Delta High School graduate. Fisk has filed suit in federal court, accusing DHS teachers, guidance counselors, administrators and school district leadership of retaliation after she spoke out against religious activities during school hours on school property. Fisk claims that when she exercised her right to free speech and religious beliefs, school officials and teachers retaliated by reducing her

grades, depriving her of honors she believed she’d earned, undermining her scholarship and university applications, and creating an unwelcome and hostile environment. As a result, Fisk maintains she suffered extreme emotional and mental harm requiring hospitalization. Named as defendants were the school board, superintendent Caryn Gibson, DHS principal Derek Carlson, counselors Shawna Magtutu and Holly Teyler-Crowder and John Miller, a DHS teacher. On Friday, Dec. 8, Olafson filed a response denying each and every allegation in Fisk’s complaint.

Fisk’s civil action refers to Delta County High School; Olafson responded that there is no such entity. Moreover, Delta High School does not have legal capacity to sue or be sued. Fisk alleges that Delta High School “permits, encourages and supports religious activities.” The defendants admit that DHS permitted a Fel-

DCI STAFF

On Dec. 11, Grand Mesa, Uncompahgre and Gunnison National Forest Supervisor Scott Armentrout signed the Record of Decision (ROD) for Federal Coal Lease Modifications COC-1362 and COC67232. The ROD outlines Armentrout’s decision to consent to the Bureau of Land Management (BLM) modifying two federal coal leases with terms and conditions to protect forest resources. Ark Land, LLC and Mountain Coal Company, LLC requested the modifications to expand their existing coal leases by a total 1,720 acres located near Somerset. Coal mining is a multistaged process involving multiple federal and state agencies. The next step in the process is for the BLM to decide whether or not to modify the

INDEX

Accent ........................... A4 Activities ....................... A9 Back Page ................... D6 Church ..................... A7, C6 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-4 North Fork Times ........B1-4 Obituaries ..................... A8 School Zone ............... A5-6 Service Directory ........ D5 Sports ..........................B5-8 Surface Creek News ...C1-5 TV Listings ..................C3-4

leases based on Armentrout’s decision. BLM is also considering whether or not to permit on-lease exploration once the leases are issued as described in the SFEIS which would result in surface-disturbing activities. Armentrout’s decision to modify the leases does not authorize mining or surface disturbing activities. These activities, including actual modification of the leases, mining operations, and onlease exploration, are handled in separate and sequential approval and permitting processes by appropriate state and federal agencies. Armentrout’s decision and the Supplemental Final Environmental Impact Statement can be found online at the project website: https:// www.fs.usda.gov/project/ ?project=32459.

her criticisms about those activities. In her suit, Fisk says she was reprimanded for her “attitude,” as well as outward expressions of her views. Olafson responds to those accusations and numerous others with the blanket statement: “Defendants lack knowledge or information sufficient to 50J RESPONSE TO A3

‘We are listening,’ school district tells high schoolers BY PAT SUNDERLAND Managing Editor

USFS agrees to coal lease expansion

lowship of Christian Athletes club, allowed youth pastors to meet with students at lunch, allowed Gideons to place free Bibles at Delta Middle School in 2015 and 2016, continue to allow a church to use the school cafeteria on Sundays, and other activities outlined in Fisk’s suit, but deny Fisk’s First Amendment rights were violated by retaliation against

“We are listening,” school superintendent Caryn Gibson assured high school students last week, as school board members, district leadership and county planners solicited input from a cross-section of students in Hotchkiss, Paonia, Cedaredge and Delta. This is the third year the school district has conducted listening sessions with students, but the first four individual sessions were held. A fifth takes place this Thursday, with students from the district’s alternative schools. In each school, student leaders led discussions about school/community strengths, concerns, challenges and resources. Pairs of students summarized the school feedback at the Dec. 7 school board meeting; responses to the same questions, but a reflecting county/community perspective, will be presented at the next meeting of the Delta Planning Commission. “The planning commissioners are really excited to hear from you,” said Elyse Casselberry,

Delta County community and economic development director, who said the student feedback will be considered during the Master Plan revision process. For the school district, the student feedback will be considered during a strategic planning session planned in January. Students countywide were generally in agreement that one of the biggest strengths in their schools are caring teachers who want students to achieve their goals. Teachers who share life lessons, build strong relationships and challenge their students academically are much appreciated. In Delta, the students value the proximity of the Technical College of the Rockies, but find it challenging to fit in college courses, and sometimes even electives, into a full course load. Still, they would like to see additional options at the high school, including home ec, life skills, sex education and more ACCESS periods, a portion of the day where they can get help from teachers or conduct student meetings.

Vehicular eluding nets 5 years in prison A wild ride — and a second incident of eluding law enforcement officers — earned Pedro Lopez a five-year prison sentence Monday. Lopez, 30, of Grand Junction was arrested after a twisting trek through Delta on March 19. While law enforcement officers hung back, maintaining visual contact with his vehicle, he sped down 9th Street Hill, barreled under a fence at Delta Middle School and crashed into an irrigation pump house. He emerged from his Ford Taurus with his hands in the air and was taken into custody without incident. He has been held

in the Delta County Jail since his arrest and will receive credit for time served. In Delta District Court, Judge Steven Schultz and Lopez’s two defense attorneys sorted through a sentencing hearing that consolidated the March incident with other felony and misdemeanor cases in Delta and Montrose counties. A total of five cases were folded into the plea agreement, which includes mandatory parole. Deputy district attorney Barb Sanford also requested restitution of $22,908, to cover damage to the fence and replacement of the irrigation pump house.

If money was not an issue, they would like a warmer school cafeteria, an on-site health clinic, updated textbooks, lockers and restrooms, a quiet room for study or relaxation, and additional extracurricular activities, including boys’ volleyball, lacrosse and clubs. They would also like to see more activities outside of school. A bowling alley, indoor soccer field or an arcade would provide an alternative to a current pastime — going to Walmart to walk around. On the plus side, students praised the recreation center, trails, state parks and drivein. If Delta offered more community activities, a broader variety of jobs and more diverse age groups, they said they would be far more likely to return after college — especially when they’re ready to begin raising families. They recognize that Delta is a very safe, supportive community. In response to a question about how the school supports student learning, the high STUDENT MEETINGS TO A3

GOCO announcement

An announcement about The Nature Connection’s GOCO Inspire Grant award will be made at the Backcountry Film Festival at the Paradise Theatre next Monday (see story on page A9). Two years ago, The Nature Connection launched a planning process, utilizing GOCO funding, to determine how to connect youth in Delta County and Olathe to nature through “programs, places and pathways.” The Nature Connection applied for $2.2 million in GOCO Inspire funds to implement its vision, supported by $1.4 million in cash and in-kind contributions from a broad spectrum of coalition partners.


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