NORTH FORK TIMES
SURFACE CREEK NEWS
SPORTS
SHADOW HORSES
NEW OWNERS
FOOTBALL RIVALRY
Creamery photo exhibit features rescued horses, B5
One of Cedaredge’s oldest businesses has changed hands, C1
Hotchkiss, Paonia square off in the North Fork Bowl, B11
DELTA COUNTY
OCTOBER 17, 2012 VOL. 129, NO. 42
75¢
INDEPENDENT
www.deltacountyindependent.com
Plea agreement is in the works for Kissner BY PAT SUNDERLAND Managing Editor
District attorney Dan Hostenpiller and defense attorney Harvey Steinberg are working out a plea deal in which Billy Kissner would plead guilty to manslaughter in exchange for a sentencing cap of eight years. Kissner, 48, has been charged with second degree murder in connection with the death of his wife, Raelynn, in November 2010. She was found unconscious in the hot tub at the couple’s home, but the autopsy revealed she
had not drowned. Instead, the pathologist detailed a swollen eye, contusions on her face and brain, and bruising on her face and arms. Kissner was not formally charged until last spring, when family members provided law enforcement with handwritten notes that Kissner had addressed to family members. Those notes allegedly contained confessions to the crime including, “I just used her to get what I wanted and when she was getting to where she needed me I killed her. It’s that simple.”
Those family members, as well as investigating officers, were prepared to testify at a preliminary hearing last week, but just moments after Judge Sandra Miller opened the hearing in county court, Steinberg asked that it be waived and the case be bound over to district court. After Hotsenpiller explained he will be involved in trials for the next nine weeks, the date of Feb. 11 was agreed upon by both sides. Kissner has been free on a $100,000 bond since shortly after his arrest.
Preservation efforts focus on four local historic sites BY PAT SUNDERLAND Managing Editor
Four historic sites have been nominated for the 2012 list of Colorado’s Most Endangered Places. Chris Miller, executive director of the Western Colorado Interpretive Association, has submitted applications for Capt. Smith’s Cabin, the Walker Cabin and the water wheel, all in Escalante Canyon, as well as the Hotchkiss Barn. Colorado Preservation Inc. provides staff time and resources to raise funds and rally concerned citizens so the historic sites can be saved. “Demolition, neglect, natural forces, land value fluctation, and unsympathetic owners are forces that typically threaten historic buildings and significantly increase the danger to the unique places that link us to Colorado’s past. These are the special places that define our communities and form the foundation for our collective identity as Colo-
radans in the future. “I have a strong sense that we need an awakening regarding historic preservation in our area,” Miller explained. “We had a nice push back in the late ‘80s and mid ‘90s, but nothing of significance since then.” The community has already rallied around an effort to save the Hotchkiss Barn, which was seriously damaged in a macroburst that swept through Hotchkiss in August 2010. High winds tore the roof off the west side of the structure; bricks collapsed and support beams fell. A gaping hole at the southwest end leaves the remainder of the building susceptible to further damage from rain, wind and snowstorms. The barn was built by Enos T. Hotchkiss — the man who founded the town bearing his name — and has remained in the Hotchkiss family since 1886. The “Save the Hotchkiss Barn” committee has raised
Western Colorado Interpretive Association photo
Located in a channel off the Gunnison River, this historic water wheel was built by Nelson Heater (date unknown) to irrigate his crops on the north side of the river.
nearly $18,500 to match a survey and planning grant from the Colorado State Historic Society. The barn is listed on the National Register of Historic Places, and the Hotchkiss PRESERVATION TO A3
Photo by Hank Lohmeyer
Dual seasons As fall colors progress down the slopes of Grand Mesa, fresh snowpack from last week’s storm front is visible in the background, as seen from the Tongue Creek Valley.
Air quality study completed on hen houses BY HANK LOHMEYER Staff Writer
The Board of County commissioners on Monday reviewed the results of an air quality study recently completed for the West Slope Layers facility on Powell Mesa. Neighbor complaints of dust, odor, and other emissions and statements of adverse health impacts were prominent during the BoCC’s reopened hearings on the facility in September. And even as the commissioners continued to gather and review information, five plaintiffs in a lawsuit against the county’s specific development approval of Western Slope Layers and Rocky Mountain Layers continued to press their case for shutting the facilities. Last Friday the plaintiffs asked the District Court to order that the county permanently revoke the hen houses permissions to operate. The plaintiffs “seek an express final judgment of the court that plaintiffs have prevailed” in the case, says their request. “As part of that judgment, plaintiffs seek ... a cease and desist order, (that) defendant (Western Slope Layers) must cease operation ....” Western Slope Layers has operated on Powell Mesa since last April. Grand Mesa Layers, planned for a Redlands Mesa location, has yet to commence operations. On July 5, the District
Court issued a ruling that the county’s specific development approval for the two egg-laying operations granted by the commissioners in August last year was not valid. The court also ruled that the Powell Mesa egg laying facility could not continue operating legally under county rules without a valid approval from the county. The court left enforcement action up to the county. The county commissioners reopened their hearings on the facilities last month to accept new testimony. “The county’s own regulations require the county to make a decision within 14 days of the public hearing. Over one month has transpired ... and the county has not issued any new decision.” Therefore, the county is contravening its own regulations, the plaintiffs state. The plaintiffs say the legal basis of their suit “is intended to ensure that the county is not above the law ....” On Monday morning, the commissioners held an executive session with the county attorney to discuss the lawsuit. Then on Monday afternoon at a work session, the BoCC received a consultant’s report that evaluates the content of air emissions coming from the Western Slope Layers hen house. Chris Larkin of Plateau Environmental Services discussed a written report his
company has prepared for the commissioners. The report findings are to be taken in their intended scientific context, he said, adding that the report is not intended as a medical evaluation. The report “only evaluated what is coming out” of the West Slope Layers hen house via exhaust fans and hens’ outdoor scratching. “What comes out and what it does to individuals are two different subjects,” Larkin told the BoCC. In very general terms, the work session discussion touched on points including the following ones: • There are elevated levels of “fairly conventional” types of bacteria being emitted by the hen house exhaust fans. • Visible “dust plumes” are most likely composed of minerals from the soil, feed, starch, dander, feathers and other components. • A particle count study showed 15 parts per million of ammonia in the exhaust air, “not excessively high,” and probably higher inside the building. • An “analysis of fungal species” in the air showed organisms probably originating from soil and from chicken fecal matter. • Regulatory levels for bacteria and mold have not been established for ambient air levels, Larkin said. • Air samples were taken about 50 feet from the hen house.
INDEX
Bicyclist injured in hit-and-run
Early voting begins Monday
Accent ........................... A4 Activities ......................A11 Agriculture .....................C8 Bruin Tracks ................C3-6 Business .......................A12 Church ........................... D6 Classifieds .................. D1-2 Editorial ......................... A2 Health & Fitness .........B6-7 Legals ......................... D3-5 North Fork Times ........B1-5 Obituaries ....................A10 School Zone .................. A7 Sports ........................B8-11 Surface Creek News ...C1-7 TV Listings ................. D7-8
Starr Jamison, 35, was struck while riding her bicycle with a friend on Highway 92 midway between Hotchkiss and Crawford. The vehicle, believed to be a red SUV, then left the scene. Colorado State Patrol Trooper Hilling says Jamison was riding behind a friend when the accident occurred at about 6:50 p.m. Although it was dusk, Jamison had lights on her bicycle. The vehicle apparently failed to give her any right-of-way, and the SUV’s mirror struck the left side of her body. The mirror broke away from the vehicle and is among the evidence being examined by the CSP. Jamison suffered serious injuries to her arm and elbow and was transported to Delta County Memorial Hospital. Jamison most recently lived in Avon but is between homes at this time, Trooper Hilling said.
Over 12,000 ballots were mailed Monday morning to voters in Delta County who have signed up for permanent mail-in ballots. Others who would like to request a mail-in ballot may do so prior to Oct. 30 (to be mailed) or Nov. 2 (to be picked up in person at the clerk and recorder’s office in Delta or Hotchkiss). The mail-in ballots can be dropped off at either the North Fork Annex (196 W. Hotchkiss Avenue), the Delta County Courthouse or your polling place on Election Day. Early voting begins Monday, Oct. 22, in the main lobby of the courthouse from 8:30 to 4:30 p.m., and continues through Nov. 2. Don’t forget to bring your ID. The polls will be open on Election Day, Tuesday, Nov. 6, from 7 a.m. to 7 p.m. Again, don’t forget your ID. Call 874-2153 or 874-5903 if you have any questions.