Delta County Independent, Issue 13, March 28, 2012

Page 1

NORTH FORK TIMES

SURFACE CREEK NEWS

OPPORTUNITY KNOCKS Cottage foods bill benefits small farms across the state, B1

2012

NEW YEAR, NEW SCHOOL

H TEC LAB

Move to new elementary school will take place over the summer, C1

SIC MU M ROO

NCE SCIE M ROO

SPECIAL SUPPLEMENT

HOME IMPROVEMENT Don’t Miss Delta’s

HOME, GARDEN & RECREATION SHOW Friday & Saturday, March 30 & 31 at Bill Heddles Recreation Center

DELTA COUNTY

A SPECIAL PUBLICATION OF THE DELTA COUNTY INDEPENDENT

SPRING HAS ARRIVED It’s time to give your home and garden a fresh look, Inside

MARCH 28, 2012 VOL. 129, NO. 13

75¢

INDEPENDENT

www.deltacountyindependent.com

Delta will chase pro cycling event BY PAT SUNDERLAND Managing Editor

In just one year, the USA Pro Cycling Challenge has become the largest spectator sporting event in Colorado and one of the largest cycling events in North America. Nearly one million people viewed the event from the roadsides in 2011, with many following the racers from community to community. Convinced that the worldclass event will pass through Delta at some point, a committee has been formed to put the city forward as a stage starting point for 2013 or 2014. Delta is the only community in the county large enough to be considered for a start city, but it’s not large enough to be a finishing point, city manager Joe Kerby explained at a council work session last week. Finish cities must be able to provide about 700 hotel rooms, which means the racers end the day in a large city or resort community. Montrose is one of the host cities for the 2012 event, which takes 135 of the world’s best cyclists on a seven-day race through the Colorado Rockies Aug. 20-26. The first stage of the race the bicyclists will ride from Durango to Telluride. The second day takes them from Montrose to Crested Butte. Gunnison, Aspen, Beaver Creek, Breckenridge,

know about this event and what kind of impact it could have on our community,” she explained. The Delta County Tourism Cabinet is taking the lead in organizing a committee to submit an application for 2013 or 2014. Hepler and Wilma Erven, the city’s director of

Colorado Springs, Golden, Boulder and Denver are also 2012 host cities. The first year of the event, 20 cities expressed interest in hosting the event. This year competition doubled to 40 cities. The reasons are simple, said Kelli Helper, Delta County tourism coordinator. The immediate economic impact can be huge, and the media exposure can bring visitors to the area for years to come. Cyclists are the type of people Delta County wants to attract, Hepler said. They have discretionary income, they’re generally well educated, they’re environmentally conscientious, and they enjoy getting to know the area — and people — they’re visiting. Plus, the number of people who enjoy cycling recreationally is growing at about 5 percent a year. “A bicycle race is great thing to showcase a community,” Hepler said. The cameras are running as the bicyclists go through and around town, showcasing landmarks and points of interest Hepler illustrated with a slide show. “We are very interested in hosting this event, but regardless of whether the City of Delta is successful or not, at some point very soon this race will come through our county and we want to make sure as many citizens as possible

Staff Writer

Judge J. Steven Patrick on March 23 issued an order denying a request for preliminary injunction against Western Slope Layers. Forty-two residential neighbors of Western Slope Layers had asked for the injunction to halt construction work on the hen house. Western Slope layers is a proposed 15,000hen, 20,000-square-foot egg laying operation on Powell Mesa north of Hotchkiss. Named defendants in the action were the Board of County Commissioners who had granted specific development approval for the hen house last August, Western Slope Layers principal Edwin Hostetler, and others. Arguments were heard by Judge Patrick during a five-hourlong hearing in Delta on March 21. In order to have won their motion for the preliminary injunction, the plaintiffs had to convince the judge on six legal points. The plaintiffs satisfied four of the six conditions. They were able to show the possibility of “real, immediate, and irreparable harm,” and most significantly they were able to convince the judge they had a “reasonable probability of success” in the injunction action

proceedings. Plaintiffs argued the county’s approvals for Western Slope Layers did not meet professional standards of science and credentialed expertise. The county’s witnesses disputed the claims. Among those called to testify at the hearing were Powell Mesa residents Dr. Susan Raymond and Mogli Cooper, and county employees Dave Rice and Ken Nordstrom. The motion for preliminary injunction is a separate proceeding from a second legal challenge to Western Slope Layers, known as a Rule 106 appeal. The Rule 106 action aims to overturn the BoCC’s specific development approval and is expected to be tried later this year. Even as the Rule 106 trial is pending, Hostetler testified at last week’s hearing that he has already spent “probably in excess of $60,000” on his hen house facility. “I’ve ordered the building materials, equipment, and chickens,” he told the court. The county had previously ordered Hostetler to cease work on the hen house because he had not fully complied with its terms of approval. On March 15, the BoCC lifted that restriction finding Hostetler had complied and could continue work.

USA Pro Cycling requirements for hotel rooms, media meals and other expenses. Construction of the city’s alternate truck route will be a challenge, Kerby added, particularly as it might impact access to a staging area in Confluence Park. PRO CYCLING TO A3

Photo by Pat Sunderland

Friendly greeting A trio of Ute Indians leave their village on horseback to greet Fathers Escalante and Dominguez in the City of Delta’s newest mural. “Gateway to the Canyons” can be seen on the north side of the municipal light and power building on the south end of town. The mural was designed by W. Richard Doherty and painted by Seth Weber, a Paonia artist.

Judge denies hen house injunction BY HANK LOHMEYER

culture and recreation, head the local organizing committee. The city’s GIS coordinator has also been involved, laying out proposed routes which would originate from Delta. If successful, Kerby said the city will need to come up with $15,000 to $50,000 to cover

Keunes face additional charges of animal cruelty BY PAT SUNDERLAND Managing Editor

Just minutes before Charles and Patricia Keune appeared in Delta County Court on a single charge of cruelty to animals, the Delta County Sheriff ’s Office issued a second summons alleging 11 counts of cruelty on the horses and cows seized from the property a day earlier. The initial charge was filed after the death of a horse. During a hearing before Judge Sandra Miller on March 21, deputy district attorney Anna Cooling said the horse laid in the field overnight without any food or water, as it suffered a “lengthy, painful movement toward death.” The horse was finally shot to death by Charles Keune. The Keunes did not argue with the factual basis of the charge, as outlined by Cooling, and pleaded guilty with the understanding they would receive a deferred sentence. Sentencing is set for April 16, after the Keunes have taken the anger management courses mandated by state statute. In addition, the guilty

plea prohibits the Keunes from owning or possessing any livestock for two years. As they considered their options in court, it was clear Charles and Pat felt they were being backed into a corner. The horses and cows seized from the property were impounded, but the Keunes were still responsible for their care. Even if they could post bond of $1,420, they could not bring the animals home because of the two-year restriction. Cooling said she was willing to forego the bond if the Keunes would forfeit their animals. They reluctantly agreed. Patricia Keune said the situation was “not quite as bad as it appeared.” “We did everything they said,” she told the judge, referring to the recommendations from the state veterinarian and the sheriff ’s office. “When you’re a horse and you’re 20 years old, sometimes it’s your time.” Charles Keune added that whoever said they let the horse suffer is a liar. He said they tried to give hay and water to the horse, but he

would not get up. After the hearing, Patricia Keune said people should quit sticking their noses in other people’s business. Those horses were her “babies,” she said, and although they had trouble locating hay, the animals were not in danger. They believe the sheriff ’s office intended to confiscate their animals from the get-go. “That’s the last thing we wanted to do,” said Delta County Undersheriff Mark Taylor. “We tried working with the Keunes to get the animals back to a healthy status. But everything we suggested, that the state veterinarian suggested, they ignored.” The breaking point came the morning of March 20, when they stopped by the Keune property on Redlands Mesa to check on the animals. Although two large round bales of hay had been left on the ranch, the Keunes had distributed just one small bale to all 11 animals since the previous afternoon. “That solidified our decision,” Taylor said. “It was time to do something.”

INDEX

Delta hosts home show

Food pantry moves

Vote totals will be online

Accent ........................... A4 Activities ....................... D5 Back Page ................. D10 Church ..................... C4, D6 Classifieds ...................1-4E Editorial ......................... A2 Legals ......................... D3-5 North Fork Times ........B1-4 Obituaries .................. A7-8 School Zone .................. A6 Service Directory ........ D9 Sports ..........................B5-8 Surface Creek News ...C1-4 TV Listings ................. D7-8

The Delta Area Chamber of Commerce is sponsoring the 2012 Home, Garden & Recreation Show Friday and Saturday, March 30 and 31, at Bill Heddles Recreation Center. Vendors will be onhand with the latest ideas in home improvement, gardening and recreation. With admission of $2, you’ll enjoy demonstrations, drawing and activities. The show is open Friday from 9:30 a.m. to 5 p.m. and Saturday from 9:30 a.m. to 4 p.m. Until 10 a.m. on both Friday and Saturday mornings, the VFW will be serving breakfast for just $5.

The Delta Food Pantry has temporarily relocated to the old City Market building at 124 E. 6th Street. Marvin Cox, financial secretary, said the food pantry will be in that location for about six weeks, until a remodeling project at St. Michael’s Catholic Church has been completed. Cox had high praise for the Knights of Columbus, Altrusa International, Modern Appliance, Bray & Co. Realty, Delta County Board of Realtors, the Delta Area Chamber of Commerce, and the 25 volunteers who accomplished the move in just two hours Saturday morning.

Voting is currently underway for municipal elections in Cedaredge, Crawford, Delta, Orchard City and Paonia. Mail-in ballots must be returned to the Delta County Courthouse by 7 p.m. Tuesday, April 3, to be counted. Voters in Hotchkiss will actually go to the polls on Tuesday. Votes may be cast at the Hotchkiss Town Hall, 276 W. Main Street, between 7 a.m. and 7 p.m. Results of all the municipal elections in Delta County will be posted online at www.deltacountyindependent.com as soon as they become available.


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