BOCC: IGA Signed for Fiber Project,
Airport Fire Truck Issue, HOA Wants Snow Plowed,
MORE EMS Drama

Board of County
Commissioners (BOCC)
—November 27, 2019
WESTCLIFFE, Colo.
by Jackie (Muddy) Bubis
The meeting started with the Pledge of Allegiance and roll call. Introductions of the public followed.
The minutes from November 13th were approved.
Commissioner Items
Commissioner Canda reported that the Upper Arkansas Water Conservancy District will be meeting after the first of the year with those opposed to the water augmentation plan. He worked with Fire Chief Shy to clarify insurance issues with the damage done by the fire truck housed at the airport. He announced that the $30K grant for the Underfunded Courthouse project was awarded. Also, Canda also reported that the town of Westcliffe, in a special meeting, signed on to the IGA with the county and the town of Silver Cliff for the fiber project. He met with CenturyLink about restoring the Wetmore phone service and is setting up a meeting with all the entities involved for the week of December 16th.
Commissioner Printz publically commended BOCC administrative assistant Cara Evans for her grant writing and also gave kudos to Mr. Canda for his presentation of the Underfunded Courthouse grant proposal. He attended the Custer County Kids Council.
Chairman Flower listed a number of meetings he attended. He put in for a grant from SIPA (State
Internet Portal Authority) for $3,600 to cover the cost of putting microphones in the commissioner room. He announced that the Saddle Club has made the final payment on the water bill from last year caused by a water leak. He suggested that the county needs a policy for the employees, when they leave the county employ, to donate their unused sick leave into a “sick bank” for use by other employees.
Attorney Items:
Attorney Smith reported that he ordered title insurance for the lots to be purchased from Colorado College. He reviewed the contract with FreCom. He also wrote another letter to a landowner that is renting out trailers and RV’s on his property. He has been researching the hospital district/ambulance service issues, among which is how mill levies are to be terminated. He will advise the Board during executive session.
Public Comment
Rob Kline, from Centennial Ranch, had some questions for the Board. First, he discussed his frustration with the HOAs in his area (Centennial Ranch, Cuerno Verde, Timber Ridge and Silver West) that have refused to come together to pay for the fire truck out at the airport. You may remember that he purchased that truck and leased it to the fire district for $1 in order to give the HOAs time to work out how it was to be paid for. He estimates that the truck could easily be paid for with each lot in those subdivisions being assessed $30 (one-time.) The Board explained that he would have to take this issue up with the HOAs and the fire department, that they had nothing to do with that truck except their offer to house it at the airport.
Mr. Kline also asked about the necessity for the county to provide ingress and egress into subdivisions and stressed that many in Centennial Ranch are stuck all winter because their roads aren’t plowed. Attorney Smith clarified that the necessary ingress and egress consists of road being provided by the subdivision but not necessarily taken over for maintenance by the county. It is the responsibility of the HOA to plow roads that are not county-maintained.
New Business
Vouchers and checks were approved for $525,649.76.
The Board discussed the potential subscription with REACH air ambulance service to cover the entire county for $20K. Mr. Flower has spoken with REACH and requested a written agreement for the Board to consider.
Mr. Printz, citing the commissioners’ obligation to provide for the health, safety, and welfare of the citizens, has been and remains committed to the county buying this product for the citizens. (Note: a subscription with REACH runs in the $65-$85 range for a family to purchase yearly and, unlike the subscription the county would purchase, covers the family wherever they travel.) The discussion will be taken up when they have a formal contract to consider.
Shelly Pinkoff, from the Rotary Van Service, came before the Board to request $2,500 to help with matching funds for grants for the service. The Board had previously denied funding requests for Rotary from the Conservation Trust Fund monies because Rotary was ineligible for those particular funds. The funding was approved unanimously to be taken from the Commissioners Community Outreach fund for 2020.
The Board approved the Sheriff’s contract with the town of Westcliffe for 2020 in the amount of $34K. Mr. Printz abstained from the vote because he wrote the contract for Westcliffe, so Mr. Flower and Mr. Canda voted in the affirmative. The fire extinguisher contract for $552 was also approved unanimously as was the County Clerk agreement for ballot printing and mailing service.
The Board and members of the Saddle Club Board discussed the water line issues to the Saddle Club. In 1995, a lease was signed by Saddle Club and the County with Round Mountain to maintain a line that connects to the water main on Main Street and runs to the County Shop, the Fire Department and the Saddle Club/Fair Grounds. This line is failing (the Saddle Club has not had water for months) and needs to be replaced. The discussion included having the Road & Bridge department do the trenching. It was decided that the Saddle Club would do another temporary fix and the item will be again discussed at the mid-month meeting.
Christy Doon, from DOLA, met with the Board to discuss funding for the remaining tasks that need to be done in order to submit the $1M grant to the EDA for the tower project. These four tasks will cost in excess of $96K. Ms. Doon recommended that the Board submit a mineral impact grant request (due by Monday, December 2.) This grant normally is a 50/50 match grant but has in the past been funded with only a 25% match. The Commissioners asked if they could do a zero match. Ms. Doon suggested they put the grant in that way, citing lack of funds, and see what happens. However, there may still be a match that the commissioners would have to approve. (The commissioners were reminded by a citizen that both Mr. Flower and Mr. Canda had promised to not spend any more tax dollars on the tower project. Mr. Printz took exception to this reminder, telling his fellow commissioners that “circumstances change” and “philosophies change” and that it’s okay for commissioners to change their minds. The Board agreed to submit the grant and will now wait to see if it awarded.
The Board went into executive session for the attorney to give them legal advice.
After the Executive Session, County Attorney Clint Smith reported on statutory information that he found while researching. He stated that this information was not easily found, and that he stumbled upon it. Prior to this information, the Board, under attorney advice, was operating on the premise that it was the sole authority of the BOCC to “organize, own, operate, control, direct, manage, contract for or furnish” ambulance service. However, under CRS 32-1-1003, a health service district (hospital district) has the same authority, using the same wording. The statute reads that the hospital district has the authority to “organize, own, operate, control, direct, manage, contract for or furnish” ambulance service either “in said district” or simply outside the district as well.
It is Attorney Smith’s opinion that “given the agreement that was entered into 30 years ago with the hospital district and the county, for them to provide ambulance service outside the boundaries of the hospital district” that the clinic is operating under this statutory language. He also stated that he doesn’t know if the clinic is even aware of this statute.
Mr. Printz stated that the contract from 1989 is still in effect provided that this statute predates that contract.
The Board rescinded the unsent letter offering to pay the clinic $14K in 2020 for ambulance service provided outside the district to the rest of the county and directed Attorney Smith to draft a new letter giving this new information to the hospital board. This letter will be considered at the December 5th BOCC meeting.