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SURFACE CREEK NEWS
A HEALTHY OUTLOOK
Take charge of your health with tips to optimize your well-being
SPORTS
TEEING UP FOR SPRING Turf recovery program, new eatery on tap at golf course, C1
DELTA COUNTY
FALLING RECORDS
Local athletes set new personal, school marks in track, B4 APRIL 24, 2019 VOL. 136, NO. 17
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INDEPENDENT
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Pocket park named; demo costs skyrocket BY PAT SUNDERLAND Managing Editor
When the West Appliance Center building comes down later this year, it will be replaced with a pocket park to be known as the West Legacy Park. The name — which will require formal approval from Delta City Council — originated with the Youth Advisory Council, which collected suggestions from Delta High School students. Youth Advisory Council members Ryan Myers and Emma Wise said submissions did not demonstrate a lot of creativity, so they combined a couple of suggestions to create their own name. During a work session last week, council members agreed they like the recommendation. “Parks don’t change names often,” said city manager David Torgler, “so you’re putting a stamp on the city that will last a long time. “Now, if you have any ideas to help us pay for it, that would be awesome too.” His comment led to a discussion of bids for asbestos
abatement and demolition of the building, which came in much higher than expected. Betsy Suerth, public works and utilities director, noted that the low bid from Wells Excavating and Farming was $407,501.65. The second and only other bid was more than double that price. “Upon careful examination of the low bid, staff believes the pricing is fair and there would be a low probability of receiving a lower price, and perhaps not receiving any bids, if the contract was rebid,” she noted in a memo to city council members. Total cost of the project was originally estimated at $272,560; the most recent bids push the cost to $645,743 to $939,343. “So after getting over sticker shock, we started looking at options,” Suerth said. One of those options is seeking additional funding from the Department of Local Affairs, which awarded a Community Block Development Grant to cover the cost of the project through a blight remediation WEST’S TO A3
Spring break fun
Bill Heddles Recreation Center rolled out some water wheels for spring break fun in the swimming pool. With bubble soccer and a bump n’ jump in the gym, kids had no reason to say, “I’m bored!” during their week off from school.
Pending legislation could impact 50J in myriad ways BY PAT SUNDERLAND
Thousands expected to visit Vietnam memorial BY PAT SUNDERLAND Managing Editor
The City of Delta is working alongside local veterans organizations and the Delta Elks Lodge to prepare for the first annual Salute to Armed Forces Festival, to be held in Confluence Park June 5-9. The event will feature the largest of the Vietnam Memorial Traveling Walls, which will be placed in the park June 6-9. An opening ceremony on Thursday, June 6, coincides with the 75th anniversary of D-Day. Organizers are planning a flyover and a display of vintage military aircraft from World War II era.
The festival will also include a barbecue for veterans and their families, a veterans poker run, a benefit concert, golf tournament and a remembrance ceremony. City councilmember Kevin Carlson and city staff discussed logistics of the event during a city council work session April 16. With expectations for 15,000 to 20,000 visitors over a five-day period, parking is a top issue. Carlson said handicap parking will be designated near the Lions Pavilion, and golf carts will be available to shuttle individuals to and from VIETNAM MEMORIAL TO A3
Managing Editor
Full-day kindergarten, a priority for Governor Jared Polis, is receiving strong support in the Colorado State Legislature. If adopted, Delta County schools will see an additional $1.2 million to cover the expense. This news topped a legislative update from Ed Bowditch, a lobbyist who represents the interests of Delta County Joint School District #50, among others, at the state capitol. He attended the April 18 work session of the Delta County Board of Education. Bowditch said that during every legislative session, 60 to 80 bills affecting K-12 education are introduced. He shared how that legislation will affect the local school district. If adopted as expected,
Court dismisses Tri-State lawsuit against DMEA DMEA PRESS RELEASE
A state district court has thrown out a lawsuit filed by Tri-State against DeltaMontrose Electric Association (DMEA) in Adams County. Tri-State, which is headquartered in Adams County, sued DMEA earlier in the year and challenged the Colorado Public Utilities Commission’s ability to decide a reasonable exit charge for DMEA’s withdrawal from Tri-State. The PUC — represented by the Colorado attorney general — and DMEA both filed motions to dismiss, arguing that Tri-State’s lawsuit was an improper attack on commission jurisdiction. By granting the motions to dismiss, the state district
INDEX
Accent ........................... A4 Activities ....................... A7 Back Page ................... D6 Business ........................ A8 Church ........................... D4 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D2-3 North Fork Times ........B1-3 Obituaries ......................C6 School ........................... A6 Service Directory ........ D5 Sports ..........................B4-7 Surface Creek News ...C1-5 TV Listings ..................C3-4
court set aside Tri-State’s entire lawsuit. In doing so the court flatly rejected TriState’s argument that the PUC cannot decide a reasonable DMEA withdrawal charge. “The issue of whether Tri-State’s application of its bylaws to the ‘exit charge’ or ‘contract buyout’ is ‘unjust, unreasonable, discriminatory, or preferential’ ... is within the jurisdiction of the PUC,” the court determined. “We applaud the court’s ruling,” said DMEA’s chief executive officer, Jasen Bronec. “TriState made it clear in its lawsuit against us that it wanted to prevent DMEA from arguing its case before the PUC, which is charged with protecting the public interest. We disagreed
Photo by Pat Sunderland
with Tri-State’s position that the PUC is powerless to prevent Tri-State from holding rural Coloradans captive by setting whatever exit charge it wants,” he said. “Tri-State’s loss is not just a victory for DMEA, but a victory for rural Colorado.” Tri-State filed its lawsuit in response to DMEA’s complaint to the PUC aimed at protecting its members from Tri-State’s abusive and discriminatory exit charge. Colorado law directs the PUC to make sure electricity consumers — including rural Coloradans like DMEA’s members — aren’t forced by public utilities like Tri-State to pay unjust, unreasonable, and discriminatory charges.
50J to conduct survey Delta County School District is conducting a countywide survey to measure community support for schools. The survey will help school board members and district administrators determine the future direction of the school district. You may be contacted through call, text, or email. The public is asked to answer all calls and follow links in the text messages and emails this week, to ensure the collection of as much data as possible. The call may take a few minutes, and with your honest answers, Delta County School District will better serve the community. Your cooperation is appreciated.
full-day kindergarten will be an option for school districts across the state, but it’s a program that’s already in place in Delta County. The state currently pays for students to attend a half day; the school district has been making up the difference out of general fund revenues. Additional funding from the state would free up dollars for other purposes. With extra money from property tax collections, the state Legislature is also able to allocate $102 million to buy down the state’s obligation to school districts known as the “negative factor.” That will bump state equalization funds by about 3.66 percent. The Public School Finance Act also allocates $25 million for rural schools, and Delta County can expect to receive about $788,000. Bowditch said these are one-time funds designated for teacher training, retention, recruitment and technology. Other “high profile” bills include HB19-1032, Comprehensive Human Sexuality Education, and HB 19-1312, which updates current legislation by requiring a more standardized form from parents who want to opt out of vaccinations for personal or religious reasons. Bowditch expects HB191032, the comprehensive sex education bill, to pass. It updates a 2013 bill to require that if a school district teaches sex education, it must be comprehensive. Both school districts and parents can still opt out. He reported modifications to the READ Act, which targets students in K-3 who are not reading at grade level. When first implemented in 2012, statistics showed significant reading deficien-
cies among 16 percent of the state’s students. After six years of targeted funding, about 16 percent of K-3 students are still not reading at grade level. To address those disappointing results, SB199 changes how funds are distributed and focuses instruction on foundational reading skills. Funding for the BEST (Building Excellent Schools Today) grant program is expected to increase, and a proposal for a uniform mill levy for school districts continues to be a topic of discussion. Bowditch said the Public School Finance Act has resulted in a “crazy patchwork” of finance for school districts across the state. Mill levies range from four (Aspen) to the cap of 27. The general fund mill levy for Delta County Joint School District, mandated at 22.656, is slightly below the state average. Asked about his thoughts on a mill levy override, which would require voter approval, Bowditch said, “I highly recommend you consider it.” Because Gallagher and TABOR have created a “fiscal mess,” Bowditch said, “You should do anything you can to get more local funds. I know it’s not an easy ask, but more and more districts are looking at mill levy overrides to provide funding for some very specific needs.” The school district has contracted with a firm to help school board members decide whether they should proceed with a ballot question in November. The firm will be polling county residents by phone, email and text over a four-day period this week. Results will be shared with the school board members at their May meeting.
One application submitted for medical pot The City of Delta has received one application for a medical marijuana center license. City clerk Jolene Nelson reports the application was submitted by John Thomas, doing business as Green Meadows Dispensary, LLC. He currently holds a medical marijuana center license in Montrose County. Nelson said the retail location is to be determined, because the initial site was found to be within a 1,000-foot buffer around churches, schools and parks. Thomas is aware of that problem and will be amending the application.
Once the application has been amended and reviewed by the city clerk, a public hearing will be scheduled before the Delta Planning and Zoning Commission. By city ordinance, medical marijuana centers are capped at two. Because just one application was received prior to the application deadline of April 16, the deadline has been extended until further notice. Delta voters also approved medical marjuana cultivation, testing, research and manufacturing facilities. No applications have been submitted for those types of businesses.