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Tri County Slammers pull off win to advance to regional tourney, B6
DELTA COUNTY
JULY 11, 2012 VOL. 129, NO. 28
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INDEPENDENT
www.deltacountyindependent.com
Hen house approval ‘insufficient’ BY HANK LOHMEYER Staff Writer
In a ruling issued on July 5, Judge J. Steven Patrick found there was insufficient evidence to support the Board of County Commissioners’ conditional approval last year of Specific Development applications for Rocky Mountain Layers and Western Slope Layers. The judge did not overturn the commissioner approvals but has remanded them back to the BoCC for further consideration. The court decision is a victory for plaintiffs Travis Jardon, Reg Cridler, Diane Cridler, Susan Raymond and Mark Cool, neighbors of the two 15,000-hen egg-laying operations. Western Slope Layers is presently in opera-
tion on Powell Mesa. Rocky Mountain Layers has not opened on its planned Redlands Mesa site. The plaintiffs had argued that the facilities were not compatible with their rural residential and small agricultural neighborhoods, as is required for new development by the county’s Master Plan and Specific Development processes. They said the facilities would cause adverse impacts to water, land, air, property values and other quality of life factors. The commissioners’ Specific Development approval included a lengthy list of conditions on the operation and management of the hen houses which were intended to address the neighbor’s concerns. The plaintiffs maintained those
Neighbors seek ‘cease and desist’ BY HANK LOHMEYER Staff Writer
Plaintiffs against the county commissioner’s Specific Development approval for Rocky Mountain Layers on Redlands Mesa and West Slope Layers on Powell Mesa are asking for a cease and desist order in the wake of a favorable ruling in their case last week. (See related story.) Travis Jardon, a plaintiff in the legal action against the BoCC, said Monday following Judge Patrick’s ruling, “We sent a demand to the county Friday afternoon (July 6) for a ‘cease and desist’ for the Powell Mesa operation (Western Slope layers), since the permits (approvals) are now invalid.” As of Tuesday, the county
had taken no action on the request. The county’s senior planner Dave Rice told the DCI that the department is awaiting direction from the BoCC. The county’s attorney, Christine Knight, explained that the judge’s order directs some further consideration be taken by the BoCC on the Specific Development applications, but that the order states no time frame for taking action. Edwin Hostetler of Hotchkiss, owner of Western Slope Layers, said he doesn’t know what the immediate impact on his operation will be, or how the commissioners might decide to act on his Specific Development application. CEASE AND DESIST TO A3
Governor lifts statewide fire ban BY PAT SUNDERLAND Managing Editor
Gov. John Hickenlooper lifted the statewide fire ban on Sunday as a result of widespread rainfall and short- and long-term forecasts predicting cooler and wetter weather. Locally, Delta County Sheriff Fred McKee said he plans to poll the county’s fire chiefs before deciding to “back off” the Stage II fire restrictions which confine smokers to an enclosed vehicle or building and prohibit blasting, welding and other activities using a torch with an open flame. “We want to relax our strategy so people can get back to work,” the sheriff said, “but I expect Stage I fire restrictions to remain in place through August. There’s no sense bouncing
back and forth, since we’ll certainly have more hot, dry weather.” “Even though the 2012 wildfire season is far from over and still challenging, we believe conditions are such that local authorities and federal land managers ought to resume control over fire bans in their jurisdictions,” the governor said. Stage II fire restrictions remain in place on U.S. Forest Service and Bureau of Land Management lands. The sheriff expressed his appreciation for everyone’s compliance. Although patrol was beefed up for the 4th of July holiday, McKee said his deputies did not response to a single complaint of illegal fireworks. “Everyone has been aware of how serious the situation was,” he said.
conditions were not adequate in preventing harm to them. The judge agreed with plaintiffs on both the compatibility and conditions issues. Judge Patrick found “that in this instance, there is a requirement for compliance
with the Master Plan. The court’s reading of the Delta County regulations for Specific Development requires compliance with the compatibility component of the Master Plan.” The judge also said there is
no evidence in the record that the county’s conditions would be effective in addressing the neighbors’ concerns. Patrick wrote, “The county has imposed a number of conditions... While it is not the HEN HOUSE TO A3
Photo by Kathy Browning
Neighbors of this “hen house” on Powell Mesa are declaring a July 5 court decision a victory. Since this facility was first planned, they have contended a commercial egg laying operation is not compatible with their small agricultural neighborhood, as is required by the county’s Master Plan.
Reduced hours proposed for rural post offices BY PAT SUNDERLAND Managing Editor
Closure of rural post offices in the area has been taken off the table, but they’re facing another threat in the form of reduction of operating hours. “By matching daily window hours to daily foot traffic, we believe the Postal Service can achieve its cost reduction goals stated in our five-year business plan and continue to maintain post offices in nearly every community,” Postmaster General Patrick Donahoe wrote in a letter to U.S. Rep. Scott Tipton. The proposal, which is being reviewed by the Postal Regulatory Commission, would see hours at Lazear dropped from six to two. Window hours at Cory and Somerset would be cut in half, from eight to four. The Austin Post Office would be open six hours a day, down from eight. All services currently available will continue during designated window hours. Donahoe said the community will be asked to provide input on optimal operating hours. “Surveys will be sent to all homes and businesses served by the post office,” he promised Tipton. “A community meeting will then be held, and survey results will be shared at that time. “This path allows the community to maintain its facility as a gathering place, preserves the zip code, and maintains the community name.” Once the retail hours have been reduced at approximately 13,000 post offices across
INDEX
Fiery accident kills one
Accent ........................... A4 Activities ....................... A7 Back Page ................... D8 Business ........................ A8 Church ........................... D6 Classifieds .................. D1-2 Editorial ......................... A2 Legals ......................... D3-5 North Fork Times ........B1-8 Obituaries ..................... A6 Service Directory ........ D7 Sports ..........................B6-7 Surface Creek News ...C1-5 TV Listings ..................C3-4
The Colorado State Patrol is investigating a single vehicle crash that occurred on Crawford Road near Hotchkiss early July 4. A 2011 Nissan Titan pickup driven by Cole Garber, 23, of Crawford was southbound on Crawford Road, traveling from Paonia to Crawford, when Garber lost control of the pickup. It veered off the side of the road, went airborne and caught fire. Garber was pronounced dead at the scene by the Delta County coroner. Speed and alcohol are suspected as contributing factors to the crash. Garber was employed by Bowie Coal Mine. Survivors include his wife and son.
the country, Donahoe estimates the Postal Service will realize annual savings of $500 million. Donahoe said each community will also be presented with other alternatives, each of which would maintain postal services. The alternatives include merging with a nearby full-service post office; extending or expanding rural carrier delivery; and engaging a local business or government office to establish a village post office. To ensure a smooth transi-
tion, Donahoe said the plan will be implemented over a two-year period using a multiphased approach. Cindy Kirby, speaking on behalf of the National Letter Carriers of America, said she believes the USPS will ultimately close many of the post offices that are targeted for reduction in hours. She points out that the USPS has offered a voluntary early retirement incentive to 21,000 postmasters across the U.S. “In many rural post POST OFFICES TO A3
Protect yourself from West Nile BY PAT SUNDERLAND Managing Editor
Ken Nordstrom, the county’s environmental health officer, has expressed concern about the number of mosquito samples testing positive for West Nile Virus. This week two more positive samples — one from the North Fork and one from the Delta area — were collected, bringing the total to nine positive mosquito pools. “The last time I checked the state website, there were 13 reports of positive mosquito pools, and seven of those were from Delta County,” Nordstrom said. “I don’t know what is going on, but we want to stress to people to take personal precautions. No human cases of
West Nile have been reported, but with all these mosquitoes flying around it could be just a matter of time.” Nordstrom strongly recommends the following precautions: • Drain standing water on your property. • Avoid being outdoors during the dawn and dusk hours when mosquitoes are most active. • If you must be outdoors, use a mosquito repellent containing DEET. • Dress in long sleeves and long pants if outdoors during times when mosquitoes are active. • Ensure that all doors and windows in the home that are left open have tight-fitting, effective screens in place.
Administrator finalists announced The Delta County Board of Commissioners has announced the names of three finalists for county administrator following the first round of interviews June 20. The finalists are Robbie Baird LeValley, Jim Ventrello and William “Chuck” Lemoine. A second round of interviews for the three finalists is scheduled Tuesday, July 10, and Thursday, July 12. Baird LeValley is a 23-year employee of Colorado State University Tri River Area Extension and is currently the area livestock and range extension agent.
Ventrello served 12 years as a Delta County commissioner and is currently serving his third term as Delta County treasurer. Lemoine is retired as a major in the United States Air Force and has served as Delta County Health and Human Services director for the past 20 years. The commissioners anticipate naming a new county administrator within the next two weeks so the successful candidate will have an opportunity to work with Susan Hansen prior to her retirement in September.