BOCC: Exasperating Pontification
Flower, Printz Throw Two Businessmen Off
Recovery Team for Expletives and “Defiance”

Board of County
Commissioners (BOCC)

—May 29, 2020

WESTCLIFFE, Colo.

by Laura Vass

This meeting was conducted by teleconference some participants and all public.  Counted as present at the meeting were Chairman Flower,  Commissioner Printz, Commissioner Canda,  Attorney Smith and Clerk Camper.

Minutes from April 7, 15 and 21, 2020 were approved.

Commissioner Items

Commissioner Canda reported that the Board of Health (BoH) and the Economic Recovery Board met. The next BoH is scheduled for June 4th at 1 p.m.  He attended The Airport Board meeting. The Airport is short $50K on the AWAH program because the project cost has increased over time. They have been working with CDOT (Division of Aeronautics) and are also working to get the power trenched. It is a 3,400 ft. trench and the project may cost 10K. Efforts are being made to get a match of 5K in funding. The Airport Board  has also asked Sangre Electric how much it would cost to have them do it. Canda reported the commissioners continue working on the Fiber project and are working hard on getting the two spots for the towers nailed down and working with landowners directly. The work with Carmel group has been slow due to the virus. All three commissioners attended the Broadband executive session on May 4th. Canda said he sent the PDOT agreement to the two towns and the commissioners so that everyone is on the same page and can proceed on the intergovernmental agreement. An Internet Speed survey is now on the county website and he sent it to the newspapers. He is hoping to get feedback from the community. The new water truck is arriving today or tomorrow. He deferred to Mr. Flower on a new piece of road equipment that the county is using. Chairmen Flower said Mr. Hyde has a road groomer on a demo project. (The county is looking to budget an additional piece of equipment in the future.)

Commissioner Printz said that the recycle folks want the CDOT signs for the dump to also say recycling.  All were in agreement that this would be fine. CDOT will make the sign change.

Mr. Printz said he and Elisa Livengood did a radio show with KLRZ on the grants and things available to the community and discussed how and why we are doing what we are doing and said she is doing just a terrific job. The show will run several times.

Chairmen Flower said he and Mr. Printz have been on a number of Zoom calls for Economic Development and Broadband. They did have a BoH meeting on the 20th and have had policy meetings twice a week.

Mr. Flower said they need to discuss when and how they would open up the doors for meetings.

He also wanted to discuss the idea of leasing a scraper and wondered if the county could reach out to three
different local companies for a bid on that. (This would be for the landfill’s needs.)

The commissioners discussed changing the June 17th meeting location from San Isabel back to the boardroom. All voted in favor of the change.

Mr. Printz discussed his observations while at the Fremont County Courthouse. He thought it was an excellent system and he wondered if the Custer County could adopt some of the procedures. Then there were some dropped telecalls.
After calling back, the county health nurse said she thought the commissioners should wait until the Governor’s announcements on Monday to discuss plans at the next BoH meeting. The commissioners agreed.

The commissioners voted to cancel the June 5th BOCC meeting.

Mr. Printz noted that the Tourism Board is working on a new logo and he told them that the board would need to have input on that. The Tourism Board will meet June 9th at All Aboard Westcliffe.

UAWCD Report: Mr. Printz said the Upper Ark sent a motion to approve the committee’s report to the court. He recommended that any opposers to the plan for augmentation should read it. It is his understanding that if no action is taken, the court will agree to it and there will be no trial.

Attorney Items

Attorney Smith said he had done a lot of work on the possibility of  a special district for East Custer County ambulance coverage and had talked to Anne Terry, Executive Director of Special Districts of Colorado. He believes the county
should have a conference with Christie Dune of DOLA because DOLA is very involved in special districts and there may be grants available. The county needs to have a meeting with the Eastern Custer County residents and see if they would support a mil levy and also meet again with the hospital district.

He also had a zoom meeting with an HOA about zoning resolutions. The HOA was complaining about an unsightly trailer and also a shed being used as a house. The shed was hauled off the same day he met with the HOA and the property
owner has a septic violation that Jackie Hobby in Planning & Zoning is dealing with.

New Business

Vouchers were approved by the board for the month of May.

Mr. Flower has asked the custodian to come back on a daily basis to clean the county office building.

The Economic Recovery Committee sent the proposed list of persons to be first and second points of contact.  Mr. Flower said there was some concern about Jack Canterbury being on the list. A long discussion ensued.

Mr. Printz said “I hate to be negative…. but there are two names on this list of folks that I think need further discussion rather than rubber stamp some of these names… I think Mr. Canterbury is one of them. …Since we and the public office and OEM got involved to do their best to protect the county, we’ve received multiple emails from Mr. Canterbury threatening a lawsuit against the county and calling our Public Health Nurse some very inappropriate names, in my opinion. And certainly, you have a right to say whatever you choose. But I am struggling with this because he a realtor and he is well known and most of the time he’s a pretty good guy, but I’m having a hard time wanting to have him represent the county in recovery after he has been so negative and in my personal opinion,  inappropriate, with his threats to the county in his emails regarding public health so I would prefer to drop him from the list.”

Mr. Flower agreed and brought up Brian Clince.” For the same reasons you spoke of earlier I struggle with uh… with having to take a tongue lashing over the phone…. that I did, and him informing me he is a representative of the county … I just don’t think is appropriate and I think we all need to be accountable for our actions and certainly I didn’t appreciate [the bad language].”

Printz concurred saying what he has a problem with is that “Mr. Clince, almost  immediately after  the public health nurse and the office of emergency management said you cannot congregate as a group, was one of about 20 people or so who blatantly violated the orders, basically thumbing their nose at the authority of the county.”  Printz said he was “absolutely opposed to having a person represent the county that flagrantly posted on Facebook his opposition to what our office of Emergency Management/Public health has done. My recommendation is that Mr. Clince not be approved on this list.”

Mr. Canda asked if Brian Clince broke the law. Printz said he sent the photo of him congregating with about 20 others and commented that “We haven’t arrested anybody, given a ticket to anybody…or done anything negative to those who haven’t followed the health orders…but I think the last thing we want to do is give them a place of responsibility to  help with the recovery…” Printz then  repeated his opinion.

Canda agreed “that we want someone to represent the county and represent it well,  Certainly we don’t want  to sensor first amendment rights but we certainly have a right to make a qualification. I look at it a little differently,” he said.  “Sometimes it is good to get the energy going, and there is really care involved, and being part of the team supporting them. I think Jack is doing that. As far as Jack is concerned, I understand your opinion…It takes all kinds to run a show… and we want the county to preserve our rights…  But they need to be good representatives… It is a problem. It’s too bad that we’re in this bind that not all the people are— We have lead the charge as far as the county goes, we have lead the charge holding our differences as far as the county goes in setting good examples.”

Mr. Flower then spoke. “In my professional career trying to instill in my students two things 1) we have to be accountable for our actions and 2) one of my mantras was that we can always truly evaluate the uh– a true person’s sense when they’re under stress and duress. And unfortunately, we got a true sense of these individuals. Personally, I thought we were friends with both of them but they’ve made it clear that that has nothing to do with it.  I understand politics and friendship don’t always line up. But I really appreciate your comment, Mr. Canda about the rights of individuals and in this case, this extends to the rights of commissioners and we as commissioners have a right to exercise our judgement.”

Flower moved that they approve the list minus Brian Clince and Jack Canterbury.”

Printz seconded the motion.

Mr. Canda pointed out that Mayor Wenke probably had a good reason for  including Brian Clince on the list.

Mr Printz said he appreciated his comments about free speech. Mr. Printz noted that they all got calls from Mr. Clince about his concern for how this thing was going to affect his business and he wasn’t particularly polite and he understands people’s frustration “ and that he too is a first amendment advocate. He said that Brian is the only one with a brick and mortar business in the Westcliffe list and that is why he was on the list.

Canda also commented that Jack Canterbury has done a lot of good things and that Jack is trying to help people and that wasn’t because of his business, real estate is doing pretty well. “It wasn’t because he was hurt but it was because of the people whose businesses are hurt.”

Mr. Printz agreed that “Jack is an excellent person in the community in most circumstances… but what really set [him] on edge was that [Jack] wanted to sue the county….”

Mr. Flower called for public comment. There was none. At this point the commissioners voted to approve the list minus the two individuals. Mr. Canda, said “With regret, Yea.”

Next, Chairman Flower brought up the Justice Center.  Piper Sandler and Brits has submitted a proposal
to find a workable way to fund the justice center. All the commissioners were impressed with the proposal and voted to accept the proposal. Mr. Printz noted that this is being paid for through a grant.

Mr. Flower said he reached out to two local contractors for the AC rooftop units [at the Courthouse] He heard back from one contractor. The condensing unit needs replaced and the mixing boxes need moved to inside. The commissioners
plan to continue to accept bids. Mr. Printz thought they should recontact the second company. After discussion, a deadline of interest was set for June 4th and a deadline of June 10th.

At this point, Mr. Canda brought up Brian Clince and Jack Canterbury again and said he want to change his vote. Canda moved to reconsider the approving of the Economic Recovery Task Force list. He said that he thought both Clince and Canterbury would have done a good job. Mr. Flower repeated his stance. It was reconsidered. The vote was 2 to 1.

Public Comment:

Elisa Livengood   commented concerning Mr. Canda’s earlier comments. “While I agree completely that we need good energy toward recovering this community…. and while it may look positive” she doesn’t think it is. She said she feels  Mr. Clince and Mr. Canterbury should not be able to attack the county and then represent it and added that, “Custer County has been leading the charge in opening up the county, but Jack Canterbury and Brian have had nothing to do with that. Nothing.”

Mr. Printz said he is still in a quandary as to what the Economic Recovery Task Force is going to do and  when they are going to do it.” All three commissioners weighed in on the lack of clarity of direction.

Mr. Printz said he agreed with Jack Canterbury when he asked the question of task force, ‘What are you doing here.?’ His point was very well taken. Come on. Let’s get something going, and if it’s gonna get going, what in the world are you going to be doing?”

Canda asked where they have been in regard to helping fill out forms or get churches set up to reopen.

Public comment continued with Attorney Smith who said prior to the meeting, Mr. Printz asked him to address questions received in an email. He noted for everyone at large regarding the police power of state and the individual’s constitutional rights. He said counties are political subdivisions of the states and take their orders from the state, especially county agencies. Public health is not free to do whatever it wants.  “The ultimate issue here is balancing the police power of the state and infringing on constitutional rights to some extent during an emergency. And that has been recognized by law. This is a balancing test that will ultimately be determined by the courts.  There are already court action going now challenging the right of the State of Colorado and local Health agencies right to impose restriction on people. I don’t have an answer for you. That is yet to be determined by the courts. It is a very legitimate question and I await the answers as well.”

Cindy Flower pointed the attention of the commissioners to the new Recovery Unified Command’s
organization chart that answers what the recovery task force’s goals are.  She listed these as 1) Assess economic damages, 2) develop grant writing workshop, 3) set up accounting workshop and 4) create a program to assist local businesses.

The meeting adjourned.