BOCC: Water War Gets Hot, Short Term Rentals, Emergency Manager Resigns

Board of County
Commissioners (BOCC)
—May 22, 2019
WETMORE, Colo.
by Jackie (Muddy) Bubis
The meeting started at 9 a.m.with the Pledge of Allegiance and roll call. Introductions of the public followed.
Commissioner Reports:
All three commissioners listed meetings they had attended.
The Board accepted the revisions to the Justice Center contract pending review and authorized Commissioner Canda to sign it.
Commissioner Flower gave an update on the Upper Arkansas Water Conservancy District. He reported that Mike Shields has interviewed with Judge Murphy to replace Bob Senderhauf on that board. Mr. Senderhauf’s term is up for renewal. He would like to be approved for another term.
Commissioners Flower and Printz both expressed disapproval of Mr. Canda’s participation in a water users group that will be meeting with the Upper Arkansas Blue Line Committee. Mr. Canda has assured them that he is not taking this action in any official capacity but wants to do what he can to save on legal fees himself and for other water rights owners in the county. Mr. Printz claimed that the Board’s official stance is that Custer County will not work with Upper Ark in any way until they remove us from the augmentation plan. (This stance was not mentioned in the official letter to Upper Ark requesting to be removed from the plan.) Mr. Flower suggested that Mr. Canda’s participation “subverts the effort” of the county.
When asked for a report on the meeting which the Board had with the water attorney – since this was not a public meeting there is no official record of what was said – Mr. Flower stated that he hadn’t learned anything new. Mr. Printz disagreed slightly stating that he learned that it would be next to impossible for Custer County to do its own water conservation district and also that “the best way to manage water is through zoning.” He also mentioned that the attorney thinks that the water augmentation plan will go through.
Attorney items:
Mr. Howard is active again, claiming discrimination against him in hiring with the Sheriff’s Office when he has actually never applied for a position and cannot do so because of a felony conviction.
During the first public comment time, there was a discussion of short-term rental policy in the county. This topic came up after a long post on Facebook asking if VRBO-type rentals paid pillow tax (the answer is yes if they go through an online service) and if these properties were paying commercial taxes and had septic and water appropriate to their use. Mr. Flower expressed that he expects this to be an ongoing problem and that it needs to be
addressed. Mr. Printz reported that the Town of Westcliffe is working on an ordinance regarding these short-term rentals. The matter was sent to the Planning Commission for their evaluation and recommendation.
The Staff Report by Jackie Hobby from the Planning and Zoning office included a tree growing beneath the bridge on CR 389 that could cause problems in a flooding situation. The Board decided to have Road & Bridge look at the situation and recommend the best solution while Mr. Smith verifies ownership of the land. Cease and Desist letters were sent regarding six travel trailers being used out at Lake Deweese without septic.
New Business
The Board considered a subdivision waiver for a group of landowners in TV Hills I Subdivision (which is located above the fire station in Wetmore.) The subdivision was approved in 1977 with a community well which, over the years, has diminished in productivity. Without the waiver, the state will not allow these residents to drill their own wells. After lengthy discussion, the Board pointed them to the Planning Commission to ask for this waiver. They would need to get approval of all the land owners (10) in the subdivision to move forward.
The Board approved the Budget Resolution 19-04 which moved funds received from Aught-Six ranch for airport expansion to the airport budget.
The Board discussed the possibility of hiring an outside firm to finish the trench work at the landfill. This is due to the rising prices and lack of availability of the equipment necessary to continue the work. The board will put together an RFP for this work.
Concerning the move of the office of the County Health Nurse, Mr. Smith reported that he has not heard back from Lisa Drew at the clinic. Mr. Printz expressed his angst that the hostile work environment at the clinic has been expensive for the county. Mr. Flower has done a great deal of work on the new office space and the move will be done on June 1st. The commissioners all expressed their desire to continue having a good working relationship with the clinic.
The Emergency Preparedness Response grant didn’t get on this agenda so will be considered at the next meeting on the 31st.
Mr. Printz announced the resignation of Cindy Howard as the Emergency Manager for the county and the Board expressed their thanks to her and regret at seeing her leave.
The meeting adjourned at 11:55 a.m.