I think that we have deliberated this enough

"We have been sitting here for more than six hours and I would like to table this until we have fresher brain cells," said Wittanen. Following the motion, several people in attendance moaned in disagreement with the idea of postponing a decision for recommendation.

"I think that we have deliberated this enough. Although we may be tired, these people have all come here for a decision, and we are asking them to have to drive down here again," said Stratman.

About 85 people attended the Planning Commission meeting and all seemed to have very passionate positions either for or against the proposed egg operation.

According to Reg Cridler, the area planning commission and the neighbors of the proposed project were notified the first week of May that Edwin and Eileen Hostetler wanted to build an enclosed egg operation on Powel Mesa where they own 97 acres, and that Greg and Carmen Hostetler wanted to build a similar operation on 40 acres on Redlands Mesa. Former county planner Kelly Yeager is representing both families.

Cridler is a past member of the planning commission, and when he commented in opposition of the application, he came out swinging. "I want to clarify some of the smoke that Kelly is blowing. I was a hog producer and I know how bad things can get. Those Mennonites are a communist community and they are not welcome here," said Cridler.

He continued in a follow-up interview the next day by saying, "I don't respect the Mennonite people. Quite frankly they are not welcome here. They have no respect for our way of life and our community and I am not doing business with them. I raised 3000 hogs a year for commercial sale on a 500 acre lot in Michigan, and I know how important management is. The local health department has no authority to do anything about this if they are not managing it right," said Cridler.

Because of the nature of the proposed operation, the applicants are going through the Delta County Specific Development permitting and regulatory process.

As part of the Specific Development process, the applicants must fill out and submit specific information about their project to the Delta County Planner, Dave Rice.

Rice and his staff then send out that information concerning the proposed plan to all neighbors within 1000 feet of the property. The neighbors then get to comment on all aspects of the proposed application and either support or oppose it.

According to officials, this public process allows all involved parties to voice concerns and gives the applicant time to respond to those concerns, and when necessary, work with county staff to mitigate or resolve issues through the process.

Specific to these two proposed developments, many people came forward. They raised concerns about everything from flies and odor, to water quality, animal abuse and disease. They also claimed incompatibility with the area, decline in property value, traffic, noise, dust and a myriad of other issues.

The Leroux Creek area planning committee recommended denial to both projects when they sent it to the Delta County Planning Commission.

Debbie Schum spoke representing the Delta County Libertarian Party. She handed out Colorado Revised Statute 35-3.5-102 for reference on Colorado Law. "I want to point out that in this statute, you cannot prohibit someone from agriculture activity because someone thinks it's a nuisance."

Schum took the position that if the Planning Commission denied recommendation or the Board of County Commissioners denied the application they would be in direct conflict of the law.

Later in the meeting, landowner and attorney Steve Harper said that the State law did not apply in this situation, bringing people's attention the rest of the statute. "You have to read the whole document not just one line. This says that the operations had to have been established prior to this document." Harper said that the statute addressed agriculture and not commercial operations. "I am asking you to deny this application," said Harper.

Tom Hulet lives in the adjoining property just feet from another chicken operation. "I live next to six chicken houses with about 10,000 birds in each house. I have never had a problem in ten years of living next door. There are no flies, no problems, and the most odors I get are when I go get the manure from them and spread it on my own yard. There is no odor from these places and I live downwind of the prevailing wind.

Five people spoke on behalf of the Hostetler application.

Commission members asked a plethora of questions after the application points had been read into the record. Questions about noise, access and flies, along with dust and traffic topped the list of questions.

Don Vanderlaan wanted to know what kind of management experience Greg Hostetler had so that he could assure himself that Hostetler had the skills to manage his operation.

"I would not think that you would take the responsibility lightly," said Vanderlaan to Hostetler. "I want to know what management skills you have and want to know do you have any training," questioned Vanderlaan.

Bob Nernix said, "It seems to me like some of your questions are relevant, and some of these questions are questions you should only be asking if you are his banker. You are not putting up the money, you are not his banker, and it is not your business about how much management training he has. He has the same right to make a go of his business as anyone, and just like the rest of us, if he can't manage his business he will lose it."

Opponents of the operation stood in line to speak out against the project.

Elaine Brett said the operation was not compatible for the area and that it should be located somewhere else. Mobley Cooper said that she had found a professor in Switzerland that could take a formula and figure out the monetary cost to property values when an operation like this was next door. "As a real estate broker, anytime someone says they live near a coal mine or a chicken coop, there is an immediate stigma to the area," said Cooper.

Concerns about access, water quality, and Delta County's ability to monitor and enforce any development agreement were called in to question as well.

Ken Nordstrom who is the department head for the County Health Department said, "This kind of operation can easily operate without any problems. The only issues I see as being a potential problem is the flies and odor. With good management this will not be a problem."

Nordstrom said that in years past there were a couple of complaints about other commercial chicken operations, but that the issues were resolved.