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DELTA COUNTY
BOUND FOR STATE
Confidence, momentum propel Bruins to state softball tourney, B6 OCTOBER 21, 2015 VOL. 132, NO. 42
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INDEPENDENT
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Court resolves hen house issue BY HANK LOHMEYER Staff Writer
The Colorado Supreme Court announced last week that it will not consider the case involving Delta County Commissioners, Western Slope Layers and Grand Mesa Layers. The decision of the Supreme Court to deny a “petition for writ of certiorari” filed by plaintiffs means a previous finding by the Colorado Court of Appeals in favor of the county and co-defendant Hostetler will stand. The appeals court decision issued last October overturned the local 7th Judicial District Court decision that led to a cease and desist order issued to Western Slope Layers on Powell Mesa. The egg-laying operation, in production for only a few months when it was served with the cease and desist order, disposed of its flocks and ceased operations. Grand Mesa Layers, another egg-laying operation approved by the county to open on Redlands Mesa, has not been built. Following release of the Supreme Court’s decision, the Delta County Commissioners issued an advisory stating, “The Colorado Supreme Court denied the petition for writ of certiorari by the plaintiffs in the litigation over the authority of the Board of County Commissioners to approve chicken houses in Delta County. With this denial by the Colorado Supreme Court, the court of appeals will soon issue a mandate which will return jurisdiction to the [7th Judicial District] trial court to comply with the appellate decision to reinstate the Board of County Commissioners’ decision and vacate the cease and desist order.” Travis Jardon of Redlands
Mesa, a lead plaintiff in the case against the county and the egg laying operations, replied to a DCI request for a statement with the following email: “I was very disappointed with the Supreme Court’s decision. The appellate court’s opinion that overturned Judge Patrick’s ruling was poor. With the Supreme Court hearing only 8 percent of the cases submitted for their review, we knew that the chance of having our case heard was remote, but we had to try in an effort to protect the neighbors from the massive amounts of pollution discharged by these tunnel ventilated facilities. Both Hostetler facilities were approved far too close to surrounding neighbors. It bears mentioning that there was no opposition to Dr. David Kuntz’s egg-laying facility because he gave due consideration to the setback concerns of neighbors and located his facility appropriately. Our county would be well served if our commissioners required similar setbacks for all like operations.” County commission chairman Mark Roeber said on Monday that the Supreme Court’s decision to decline plaintiffs’ writ had been anticipated. County commissioner Bruce Hovde told the DCI, “It has been a four-year-long ordeal for all concerned, particularly for the Hostetlers.” Edwin and Eileen Hostetler, principals in the Powell Mesa operation, and Greg Carmen Hostetler, principal in the Redlands Mesa project, first applied to the county for specific development approval of their chicken barns in 2011. Hovde added, “Our county [legal staff] and Ken Nordstrom, environmental health director, put in a great deal
North Highway 50 speeds to increase BY PAT SUNDERLAND Managing Editor
Early next week, the Colorado Department of Transportation (CDOT) will begin changing out the speed limit signs on Highway 50 north of Delta. According to CDOT, the new speeds were determined by a speed study completed by CDOT’s traffic and safety unit. Several factors were taken into account, including prevailing speeds, roadside development, accident experience, pace speed and parking/pedestrian activity. CDOT determined the 65 mph speed posting should be extended an additional (approximate) 1.7 miles to the east. (Heading into Delta the speed currently begins to reduce at MP 67.3 but will not reduce until MP 69 with the changes). From MP 69
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the speed steps down incrementally heading into town (or steps up coming out of town). This is an increase of anywhere between 5 and 20 mph, depending on the exact location. The changes will be limited to the short stretch between MP 67 and 69.5. CDOT believes the more realistic speed limits will result in the maximum number of vehicles traveling at about the same speed, thus reducing conflicts caused by speed differentials. Studies show that raising the speed limit does not automatically cause an increase in the speed of traffic. Most people will drive the roadway as they perceive the conditions and will ignore a speed limit that is unrealistically too low or too high.
of work on the county’s position.” When the case went to the appeals court level, the county retained the Denver litigation firm of Holland and Hart whose bills for the work on the case totaled $130,000, confirmed Robbie LeValley, county administrator. Earlier this month and prior to the Supreme Court’s announcement last week, the
county commissioners issued a specific development approval for a 20,000-hen egg-laying operation, Kuntz Chicken Ranch, on Redlands Mesa’s Buffalo Road. Hovde told the DCI that the Supreme Court’s decision following closely on approval of the Kuntz application “was just pure coincidence.” Former county commissioner Olen Lund was on the
BoCC when the Hostetler approvals were first issued. Along with Delta County Farm and Livestock Bureau, he has continued to support the Hostetlers. He stated, “As a former county commissioner seated when the Hostetlers first pursued a permit for their chicken houses, I can say that the Delta County specific development regulation COURT TO A3
Photo by Norm Sunderland
Forever green?
A prolonged warm, dry period of weather came to an end this week with rain showers accompanied by thunder and lightning. In the photo above, a rainbow arches low over a field east of Delta. Although the temperatures have dropped, they’re far from typical for this time of year. According to the National Weather Service, the first frost (32.5° or lower) typically arrives in Delta on Sept. 27; the average date for the first freeze (28.5° or lower) is Oct. 15.
No rate increases expected for city utility customers BY PAT SUNDERLAND Managing Editor
The City of Delta is holding the line on electric, water, sewer and trash rates for 2016. The rates are built into the draft budget currently being reviewed by the city council. An allocation of $500,000 from the municipal, light and power fund is being set aside for implementation of the broadband project. Costs for Phase 1 buildout in the City of Delta are estimated at $1,845,462, but city staff has identified some potentially significant savings. In addition, Region 10 has applied for another grant, and the county commissioners have promised funds to help each municipality within Delta County build the new routes. Transfers from the other utility funds support the golf course — $180,000 from sewer, $50,000 from water and $150,000 from refuse. While play is up at Devil’s Thumb, the cost of food and
beverage service exceeded estimates and an additional transfer of $30,000 from the water fund will be required in 2015. The city had hoped to draw non-golfers for lunch or dinner at the grill, but the location proved “too remote to create volume.” Other budgeted items for 2016 include: • The installation of outdoor fitness equipment at Confluence Park, in addition to repairs to the trails and pavilions and completion of the handicap fishing peninsula. • Tennis court repairs at Cleland Park. The city is pursuing a GOCO grant to assist with the cost. • City hall renovations. The city has received a DOLA grant to remodel city hall with an eye on energy efficiency, handicap accessibility (including an elevator) and potential consolidation of the police department into the building. • Animal shelter expansion, in partnership with CAWS.
• Pictometry project, in partnership with Delta County. The city is looking for new aerial photography which shows the completed Confluence Drive. • Economic development, in partnership with Delta County Economic Development, Region 10 and the Department of Local Affairs. A feasibility study is currently underway for two potential projects in Delta County. The city has set aside $30,000 to pursue opportunities. • City staff will receive a 2 percent salary increase after two years of no acrossthe-board adjustments. The cost-of-living increase was approved after council learned sales tax collections are holding steady. At a September work session, finance director Tod DeZeeuw reported sales tax is currently up 3.48 percent over last year. City council reviewed the draft budget Tuesday night and will take formal action in November.
City manager search
Sewer line replacement
Unemployment drops
Delta Mayor Ed Sisson reports the search for a new city manager is moving forward as anticipated. The city’s consultant, The Mercer Group of Carbondale, told Sisson 45 applicants had indicated interest in the position by the Oct. 9 application deadline. The consultant has placed 15 of the most experienced and talented applicants in the “top tier” and will begin narrowing down the list of prospective applicants for council review. Sisson said the council expects to receive a list of eight to 10 candidates for the first round of interviews.
Two city projects have been awarded to Wells Excavation and Farming, LLC, which recently completed the stormwater improvements on 2nd and 5th. Using a camera purchased last year, City of Delta crews found a sewer line in the alley between Leon and Hastings and from 8 to 10th streets that had begun to collapse. Two bids were received, the lowest coming from Wells in the amount of $180,455. Wells also won the bid for the first phase of a project to install a water booster pump station at the corner of 13th and Pioneer. Cost is $33,708.
According to the Colorado Department of Labor and Employment, the unemployment rate in Delta County decreased half a percentage point in September to 5.0 percent. A year ago, unemployment was pegged at 5.4 percent with a labor force of 14,003. The September labor force was estimated at 13,438. Statewide, unemployment decreased two-tenths of a percentage point to 4.0 percent. Unemployment in Mesa and Montrose counties is estimated at 4.8 and 4.1 percent, respectively. The national unemployment rate is unchanged at 5.1 percent.