Category Archives: 2017

BOCC: Heated Discussion on Wetmore Center Building

Board of County
Commissioners (BOCC)
—October 18, 2017
WETMORE, CO
by Jackie Bubis
The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. County Attorney Smith was not in attendance. Introductions of the public in attendance followed.
Commissioner Items
Commissioner Hood reported that the Tourism Board will be hosting local organizations who want to get events on the calendar. That meeting will be at Tony’s Pizza on November 14th. She also emailed Bill Nobles and reported that the application deadline for the Custer County agent position is December 7th. She spoke about the four-day budget hearing process and stated that the Board did a really good job trying to approve all the budgets. She did mention that one elected official was a no-show. (Note: that elected official that she was chastising was Kit Shy, who only had one mandatory thing on his budget – his roughly $2K/year salary. Continue reading BOCC: Heated Discussion on Wetmore Center Building

Bobcats Win: Epic OT Thriller

by CCHS Coaching Staff

The CCHS Gridders traveled to Kiowa Friday night and came away with an overtime victory of 48-46. The game was a see-saw battle in which the lead changed numerous times and had each team leading by two scores at different times in the game.
“I was very proud of the way our guys battled,” said head coach Troy Bomgardner. “We were down by two scores in the first quarter but battled back to take the lead in the second half only to see them come back and tie it to send the game to overtime. But the Bobcats pulled it out!” Continue reading Bobcats Win: Epic OT Thriller

Commish: Grandiose Horn Tooting on THE BALLOT!

    • To the Editor;

 

    • Just spend a few minutes reading the sample ballot for the November election. The three commissioners who are up for RECALL had an opportunity to plead their case for why we should keep them in office. These statements give us a real insight into who these people are.

 

    • Bob Kattnig takes credit for all the hard work of VSO Tim Swartz, similar to him taking credit for FFA and 4H in the county. Then he goes on to explain that Road & Bridge needs more equipment. Okay, Bob. You’re awesome!

 

    • Jay Printz claims “We” ended the lawsuit which cost the county the infamous $150K (which is not the real figure but that’s just being picky). Mr. Printz – let me remind you that the lawsuit was pretty much wrapped up as of the December 15th 2016 meeting (that was BEFORE you took office) and was just a matter of the court catching up. You did nothing as county commissioner to end this lawsuit – it simply happened during your term. Before you took office, you did go with Hamilton to court – along with Bob Kattnig – supporting Hamilton in his quest. Maybe, if you’re not recalled, Hamilton can bring another lawsuit for something equally frivolous and you can authorize the county to just pay him – so as not to go to court, of course.

Continue reading Commish: Grandiose Horn Tooting on THE BALLOT!

CC Budget Hearings: Hood Floats Huge Tax Increase, Printz Calls Wetmore Center a “Monstrosity”

by Jackie Bubis

As I sat in on four days of budget hearings, I came away with some observations. By law, the county must balance the budget for the coming year. The process started on Tuesday with over $1M over budget.
Since the Board recently changed health insurance carriers – touted as a huge savings – those numbers in each department decreased the bottom line as the process went along. The employees have only heard through the grapevine about this change and are hoping fervently that the coverage isn’t reduced as well.
Right off the bat, meeting with Sheriff Byerly, Mrs. Hood stated that at some point we may have to look at the Sheriff’s Office becoming its own taxing district. “Because that’s going to free up what went to you and that might be an answer down the road to help us with our general fund.” Sheriff Byerly’s budget is just under a million dollars. (This would put at least that much more burden on the taxpayers of the county.)

Continue reading CC Budget Hearings: Hood Floats Huge Tax Increase, Printz Calls Wetmore Center a “Monstrosity”

Zoning and Penalties: The LEGAL Verbiage that indicates Fines and Jail Time

12.6 Penalties

There are potential criminal penalties and civil penalties for a violation of any provision of this Zoning Resolution. The criminal penalties are set forth in § 30‐28‐ 124 of the Colorado Revised Statutes. The civil penalties are set forth in § 30‐28‐ 124.5 of the Colorado Revised Statutes. Both of these statutes are set forth verbatim below.

30‐28‐124. Penalties

(1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of any regulation in, or of any provisions of, any zoning resolution, or any

amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation,

provision, or amendment thereof, or any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such

fine and imprisonment. Each day during which such illegal erection, construction,

reconstruction, or alteration continues shall be deemed a separate offense.

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Custer County Zoning Resolution August 17, 2016

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(b) (I) It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted

by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof is guilty of a

misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both

such fine and imprisonment. Each day during which such illegal use of any building,

structure, or land continues shall be deemed a separate offense.

(II) Whenever a county zoning official authorized pursuant to section 30‐28‐114 has

personal knowledge of any violation of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Should the

violator fail to correct the violation within the ten‐day period, the zoning official may request that the sheriff of the county issue a summons and complaint to the violator, stating the

nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a

definite time and place stated therein to answer and defend the charge.

(III) One copy of said summons and complaint shall be served upon the violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county zoning official, and one copy shall be

transmitted by the sheriff to the clerk of the county court.

(c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1). In the event that there is no county attorney or in the event that the board of county

commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the

county attorney.

(2) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any

regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 1, the county

attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other

appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the

board of county commissioners may appoint the district attorney of the judicial district to

perform such enforcement duties in lieu of the county attorney.

30‐28‐124.5. County court actions for civil penalties for zoning violations
(1) It is unlawful to erect, construct, reconstruct, alter, or use any building, structure, or land

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Custer County Zoning Resolution August 17, 2016

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in violation of any regulation in, or of any provisions of, any zoning resolution or any amendment thereof, enacted or adopted by the board of county commissioners under the

authority of this part 1. In addition to any penalties imposed pursuant to section 30‐28‐124, any person, firm, or corporation violating any such regulation, provision, or amendment

thereof or any provision of this part 1 may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more

than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section

30‐28‐124, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in

accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any

civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In

case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty

for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and

redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall

be recorded with the clerk and recorder of the county in which the property is located.

(2) (a) In the event any building or structure is erected, constructed, reconstructed, altered,

or used or any land is used in violation of any regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county

commissioners under the authority granted by this part 1, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided

by law, may commence a civil action in county court for the county in which such building, structure, or land is situated, seeking the imposition of a civil penalty in accordance with the

provisions of this section.

(b) A county zoning official designated by resolution of the board of county commissioners shall, upon personal information and belief that a violation of any regulation or provision of

any zoning resolution enacted under the authority of this part 1 has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If

the violator fails to correct the violation within the ten‐day period or within any extension period granted by the zoning official, the zoning official, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator, stating the nature of

the violation with sufficient particularity to give notice of the charge to the violator.

(c) One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the

service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk

of the county court and thereafter the action shall proceed in accordance with the Colorado

rules of county court civil procedure.

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Custer County Zoning Resolution August 17, 2016

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(d) If the county court finds, by a preponderance of the evidence, that a violation of any

regulation or provision of a zoning resolution, or amendment thereto, as enacted and adopted by the board of county commissioners, has occurred, the court shall order the

violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event

that the alleged violation has been cured or otherwise removed and the violator has notified the county zoning official of the cure or removal at least five business days prior to the

appearance date in the summons, then the county attorney shall so inform the court and

request that the action be dismissed without fine or appearance of the defendant.

(3) Upon the filing with the court of a receipt issued by the county treasurer showing

payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county zoning official that the violation has been cured, removed, or

corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney

indicating that the matter has been otherwise resolved.

(4) If a receipt showing full payment of the civil penalty or the affidavit or the motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the

violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not

been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil

penalty and any additional penalties so assessed and the filing of an affidavit of the county zoning official that the violation has been cured, removed, or corrected, or until a motion by

the county attorney to dismiss the action is granted by the court.

LTE Reasons for the Recall

Reasons for the Recall – A time line of events

by Dan Bubis

This is a general overview of the reasons why so many citizens of Custer County signed the recall petitions and will vote YES to recall every County Commissioner in November. It is not exhaustive.
Keith Hood and the Boards – In the first meeting with Hood and Printz on the Board, the Board members brought their prepared lists to appoint the county boards. Traditionally, the boards stayed the same unless there were vacancies to fill. This board removed members and put on their allies and friends. One of those removals – Keith Hood from the Planning Commission brought pushback from the Planning Commission members.
1/31/17– This violated the rules of the Zoning Resolution and Kattnig was outraged that he had to follow the Zoning Resolution. Mr. Hood was reinstated. Continue reading LTE Reasons for the Recall

BOCC Oct 4th

Board of County
Commissioners (BOCC)

–October 4, 2017
WESTCLIFFE, Colorado

by Jackie Bubis, Reporter

The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. Introductions of the public in attendance followed.
Commissioner Items:
Commissioner Hood reported that the training will take place on October 16th for streaming the meetings of the BOCC and the first live streaming will be the October 31st meeting.
Commissioner Printz talked with Jackie Hobby regarding the Kohl request from yesterday’s meeting. Mr. Kattnig again stressed that giving this piece to private owners would set precedent that he was not comfortable with. Again, the county has only owned this small parcel for a few months after it was deeded to them by Jane McCarty.
Commissioner Kattnig will be attending the Action 22 meeting on Friday as will Mrs. Hood. Mr. Printz will attend what he can after a funeral. Mr. Kattnig spent some time with Road and Bridge going over some roads last evening.

Continue reading BOCC Oct 4th

BOCC October 3rd

Board of County
Commissioners (BOCC)

–October 3, 2017
WESTCLIFFE, Colorado

by Jackie Bubis, Reporter

The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. Introductions of the public in attendance followed.
Minutes were approved from September 19th and 20th.
Commissioner Items:
Commissioner Hood did a verbal “happy dance” when she announced that a new grounds and maintenance person has been hired. He will start next week and work up to 15 hours a week. She’s glad there will be someone to shovel the snow. Mrs. Hood also reported that Chuck Ippolito and Cindy Howard are working on updating the E-911 system to include a citizen in Wetmore that was not receiving call-outs.
Commissioner Printz had no items to add.
Commissioner Kattnig had a briefing with Cindy Howard from OEM. She’s been part of a 20-man team sent down to Florida to help with hurricane relief. She evaluated county buildings in addition to other jobs. He said it was a great learning experience. Also, through Cindy’s efforts we received a $350K grant for cleanup from 2012 fire.

Continue reading BOCC October 3rd

Board of County
Commissioners (BOCC)

September 29, 2017
–Westcliffe, CO

by Jackie Bubis, Reporter

Just prior to the meeting, Clerk Kelley Camper, instructed Mrs. Hood and her husband to remove their “No Recall” pins. [Editor/GG: Did they violate Colorado Revised Statutes 1-13-714 which prohibits campaigning/electioneering in and within 100 feet of any building where polling is taking place (e.g., the courthouse). The out-of-country ballots had been mailed which starts the statute effective period. There were signs posted all over the courthouse stating that no campaigning/electioneering could take place. The Colorado Secretary of State has stated that campaign pins are electioneering.]
The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. Introductions of the public in attendance followed.
Public comments
Tim Stodola began by telling the Board members that he supports them. He went on to say that he had received an unsigned letter in the mail with no return address. He stated that it was “indicative of the backhanded tactics of some of these recall proponents.” He explained a bit about what was in the letter. Then Commissioner Hood asked him to read the letter in its entirety. This entire “public comment” took well over the maximum five minutes that Commissioner Kattnig allows. In truth the letter was odious and ridiculous. During the reading of this letter, Mrs. Hood appeared very pleased. (Editor/GG: Mr. Stodola, and the entire BOCC, seems to be ethically challenged here. A moral and ethical person does NOT read an anonymous political hit piece letter in a public forum. This could have come from anywhere and it had no corroboration. And Mrs. Hood asking him to read the whole unsubstantiated letter into the record is the height of political and ethical impropriety. Kattnig and Printz are equally to blame for allowing it even to be discussed. This is another violation of C.R.S. 1-13-714. Amateur hour, folks.)
When Mr. Stodola was finished, this reporter asked if the Board would allow all letters regarding the recall to be read during the public comments time. Mrs. Hood asked Kelley Camper, who said that from this point on – until the election, this sort of political speech was electioneering and would not be allowed.

Continue reading

September 2017 BOCC Meeting

Board of County Commissioners (BOCC)

September 20, 2017

Wetmore, CO

The meeting started at 9:00 with the Pledge of Allegiance and roll call.  Introductions of the public in attendance followed.

Public comments:

A citizen asked about when the Reverse 911 will be fixed.  She thinks it is a mapping problem. She stated that Office of Emergency Medical Services (OEM) Cindy Howard had told her for the last six months that she’d made sure it was fixed and it still isn’t fixed.  Commissioner Hood assured her that she would make sure the mapping issue was fixed as soon as Chuck Ippolito (IT) was back from vacation.

A citizen reported that there are still issues outstanding on the Wetmore Community Center.  Commissioner. Printz made notes.

A citizen read a prepared statement to the Board, noting ongoing vitriol and racism on Mr. Printz’s Facebook page in light of the Recall.

Commissioner Reports:

Mrs. Hood has completed all the employee reviews she had to do.  She reported on the day the BOCC spent with the Forest Service touring various parts of the county.  She also reported on the presentation of the report from the UC Denver architect students on three of the buildings in the county.

Mr. Printz had nothing further than what Mrs. Hood had stated.

Commissioner Kattnig was at these same meetings as well.  He also met with UACOG on recycling and landfills.

Attorney Items:

Attorney Smith requested again that action be taken to pick up the files from John Naylor’s office.  Mr. Kattnig said he’d have some of the Road and Bridge employees take his trailer down and get them.  There was no further decision on where they’d put them once they did so.

Mr. Smith reported that after a conversation with Kelley Camper and the Secretary of State, the Board had two options regarding the ballot issue for the November ballot and one would require a slight revision to the proposed language.  The Board could allow the residents of Silver Cliff and Westcliffe to vote on the issue, in which case the current language would be sufficient.  Or, the Board could limit the voters on the issues to be limited to only people living in the unincorporated county.  After discussion, a vote was taken.  Mr. Kattnig and Mr. Printz voted to limit the electors to those living in the unincorporated county with Mrs. Hood voting to allow the towns to take part.  The measure passed 2-1.  The revised language for the ballot can be read here: Revised Building Codes Ballot Language.

New/Old Business

Three RETAC grants were brought before the Board by EMS manager Beth Archuleta.  Only one of the three was present in written form – the other two not having made it in the email.  The board approved the one that was before them and conditionally approved the other two when the paperwork was transmitted.  These are no-match grants.   Also, there was a discussion on filling seats on the RETAC board.   Ms. Archuleta suggested putting two more people from the ambulance corps that live in Pueblo on, as she does for ease of attending meetings.  County Health Nurse Elisa Magnuson would like to be on that board, citing her living and working in Custer County.   The Board requested this issue be put on a future agenda.

Elisa Magnuson requested that grant money from the Child Fatality Fund that has not been used for the last three years and is sitting in the General fund be reallocated.  She proposed that $3,400 of the $5,571 go to the Sources of Strength program at the school and the rest be used  for the teen driving programs from the sheriff and for car seats.  The board approved her request.

The SECOM contract for broadband for the courthouse was approved.

The letter of support for the marketing matching grant for the Tourism board was approved.

The IGA for participation in the Central Front Range Transportation Planning Region Regional Planning Commission was approved.

The Board read a letter from Jan Emory requesting they waive the 3X penalty assessed to her for a “temporary” horse shed on her property for which she did not pull a building permit.  She contested that she needed a permit for the shed.  The Board consented and waived the penalty, but kept in place her need for the permit.

Deputy Mike Halpin brought a proposal to the Board regarding vehicles in the sheriff’s fleet that need repair.  He proposed trading an older non-working vehicle to Aztec Transmission in exchange for approximately $1,000 in work on two other transmissions.  The Board approved.

A citizen brought up an ongoing issue on CR129 where some pipe was put in a trench across the road and the trench has never been properly filled in.  Mr. Printz attempted to answer her, but was reminded by Mr. Kattnig that he was in charge of Road and Bridge and that the road would be fixed as soon as the department got more asphalt in.

The meeting was adjourned at 10:35a.m.