Sanitation Issue Initiates a Look at “Nuisance” Ordinance

Board of County
Commissioners (BOCC)
—November 29, 2018
Westcliffe, CO
by Jackie Bubis
The meeting started at 9 a.m. with the Pledge of Allegiance and roll call. Introductions of the public followed.
Commissioner Items
Commissioner Canda reported that the economic development surveys will be out before the first of the year. He wants Commissioner Printz to be interviewed for this process. The official kickoff for the program is January 7th. Mr. Printz agreed to be interviewed and stated that economic development’s purpose was to grow the tax base so that the county could offer more services.
Canda continued with reporting that Seifert Enterprises (who received the bid for the berm ward at the airport) has received the permit, the money has been deposited, and work will proceed right away. Also Canda reported that CenturyLink, the U.S. Forest Service and CDOT will be meeting next week to see what can be done for the people in Wetmore who need phone service after flooding wiped out the lines.
Chairman Flower reported attending the CCI winter conference, the Upper Arkansas Weed Conference, and expressed a need for the CCEDC and Christy Doon to meet. All three commissioners will be attending the grant proposal meeting for the Underfunded Courthouse grant.
Commissioner Printz publicly gave kudos to the Department of Human Services, especially Stacey Schoch, for handling what “could have been a disaster” regarding an at risk adult in the community. He also mentioned that the Coroner is in serious need of a vehicle. There will be a “significant meeting” for the Attainable Housing Board on Monday the 3rd.
The search is ongoing for a new maintenance person/custodian.
Attorney Items
Attorney Smith presented a proposed contract for the sale of the Grape Creek property purchased by Big E Ranch. This will get the process started. A formal resolution will be coming wherein Chairman Flower can sign all documents related to the sale. The contract was approved unanimously. Mr. Smith reported that Sheriff Byerly continues to seek a local ordinance for forfeiture of properties used in illegal activities. Note: there is already a Colorado statute to this effect but Mr. Smith reported that the DA’s office is not willing to enforce it. Mr. Smith is also in the beginning stages of writing a nuisance ordinance based on what’s being done in Huerfano County.
Travis Denlinger appeared before the Board requesting a road name change for Reis Road in the Reis subdivision. There are five landowners on that road and there exists confusion with addressing. Assessor Henrich was present and the decision was made by the Board to break Reis Road up into three sections which will now be known as Sage Corners, Valley View Drive and Wildflower Lane.
Jackie Hobby, director of Planning and Zoning, had a list of items to be addressed by the Board. The first was a subdivision waiver for the Grape Creek property purchased by Big E Ranch which passed unanimously. Ms. Hobby has had difficulty with a property owner who camps out in a teepee on his property. The teepee is too close to the property line, and that has no septic. The zoning regulations say you can only camp out for thirteen days a year. This property owner has ignored all attempts by Hobby to gain compliance. Attorney Smith will write a letter warning the property owner prior to a cease and desist order. Regarding the Special Use Permit to
Ludvik Propane (which is now Rocky Mountain Propane,) the Board agreed to a cease and desist meeting at the mid-month January meeting. The terms of the 2015 SUP have not been completed.
The BOCC went into session as the Board of Health for a cease and desist order for William Mercer. Mercer has two residences on his piece of property which is not allowed. One of them does not have septic and raw sewage is allowed to drain onto the ground. An immediate cease-and-desist order was unanimously approved. There was a discussion on the efficacy of a nuisance ordinance to give the Zoning Office more power to enforce removal of trash. Note: there is already a prohibition against trash leaving one person’s property and entering another person’s property. In a subsequent conversation with Jackie Hobby, she stated that her efforts were more along the lines of helping people who couldn’t help themselves. The Board of Health adjourned and the BOCC meeting resumed.
The Sheriff’s contract with the town of Westcliffe was passed 2-1 with Mr. Printz abstaining. It was increased from $30,000 a year in 2018 to $33,300 in 2019. $3,300 of that will be in the form of four bulletproof vests and one body camera to be purchased by the town of Westcliffe for the Sheriff’s Department.
$125,000 in PILT funds were transferred to County General.
It was decided that Attainable Housing Committee would now be a board under the authority of the BOCC. As a board, they will be able to make spending decisions based on their budget.
The meeting adjourned at 11:24 a.m.