Custer County
BOARD OF Health (BOH)
—October 21, 2020

by George Gramlich
The meeting was called to order followed by the Pledge of
Allegiance and roll call.
There is no secretary to take minutes, There was a call for the BoH volunteer. Peggi Collins volunteered. Tom Flower said he recommended the BoH post that position.
The next BoH meeting is scheduled for November 5th at 1 p.m.
Reports:
(There were two reports given. Dr. Clifford Brown, Public Health Director, and Jackie Hobby, County Sanitarian. Since the meeting centered on Dr. Brown’s presentation and advisory presentations,
we have placed Jackie’s report first in the article. She presented in the middle of the meeting.)

Jackie Hobby, County Sanitarian, Report on solid waste dumping;
Troy Arnold from the State Attorney General’s office got a tip about illegal dumping in the valley which prompted an investigation. Jackie Hobby’s office of Planning and Zoning is responsible for investigating land use with proper septic, trash, and water usage and its effect on soils.
In a written statement by Henry Miller, owner of Westcliffe Meats, obtained by Ms. Hobby, Mr. Miller stated that his slaughterhouse waste was dumped at a ranch owned by local rancher Jerry Livengood and his brother, Glenn Livengood. This is illegal.
Henry Miller of Westcliffe Meats said his employees initially did the hauling, then Brianna (Livengood) Evert and John Evert (and a few times, Jerry Livengood) did the hauling to Livengood property where the bones, hides and offal were dumped into the Foster Gulch.
Ms. Hobby stated that there were bones, offal and waste scattered over a wide area surrounding Foster Gulch, indicating that it may have been spread by carnivores such as mountain lions and bears.
This method of illegal disposal went on for 12 – 18 months, according to Miller,
who estimated 80-90 truckloads at about 4,000 lbs. each load.
After the illegal dumping operation was exposed, Mr. Miller contracted a company to clean up the huge mess. Mr. Miller reported that the cost of the cleanup thus far, was around $35,000 and that the offal was taken to the Pueblo dump which can accept such waste.
Allegedly, some of the offal was collected in barrels for the purpose of baiting wildlife for John Evert’s use.

According to Miller, no money exchanged hands.

Due to the proximity to the Navajo Nation, and the finding of possible blood in the gulch on their property, Ms. Hobby, accompanied by four officials from Navajo Nation, collected soil samples from one of their currently dry holding ponds along Foster Gulch. Navajo Nation has not completed their investigation, nor have they presented cleanup demand specifics.

The investigation is ongoing. Ms. Hobby needs to inspect the cleanup but has been prevented from doing so as the Livengood’s won’t allow her on the site unless she has a search warrant.
The report ended with information on related investigations;
The Custer County Sheriff also conducted a criminal investigation of this matter. A report has been submitted to the DA Office for a decision as to whether or not criminal charges should be filed. Smith spoke with a Deputy District Attorney familiar with the case, but who is not the one that would make the filing decision. He told Smith that to his knowledge, no decision has been made. In addition to communicating with Troy Arnold with the Colorado State Office of the AG, Jackie has also exchanged emails with Ed Smith, the Unit Leader of the Solid Waste Compliance Assurance Unit at CDPHE, and Joe Petrie, a Solid Waste Inspector with Custer County.  Ed Smith explained that solid waste authority in Colorado is insured with the state and local jurisdictions. They are allowing Hobby in her capacity as the County Sanitarian to take the lead with respect to this matter. Petrie is monitoring the handling of the situation at the local level. Ed Smith stated that Custer County has the authority to take appropriate enforcement action.
BoH Chairman, Bill Canda said that because County Attorney, Clint Smith was not present, there would be no questions at this time.

Dr. Clifford Brown, Public Health Director:
COVID Report: Current testing positives. The case at the SO was a Fremont County person. The SO had all its employees tested. None were positive. As of today, there are two active cases, one of which has not had any symptoms, putting the county at 24 positives so far, one current Custer County case, and zero deaths. (Fremont County Jail has had an upsurge and called the National Guard in to administer testing at the jail.)
Immunization Nurse Position: Nurse Beth Green is retiring December 30th. Sherri Wyatt is highly qualified and has applied and has been hired. She can start next week. Some part-time positions have been consolidated, leaving one part-time job opening at this time. Beth Green and Rhonda Martin are currently at the front desk.
The office continues the mask fittings and flu shots as drive-by service.
Discussion of CCPHA (Custer County Public Health Agency) current status/updates to agency processes, CCPHA Advisory Council, grants and other items in work:
The state requires a five-year plan from the BoH and it is due for an update. Dr. Brown asked the state for a template which they do not have. On that list is to have counsel in place for emergencies. His office has a toxicologist and epidemiologist available. He is working on an Advisory Board for the Board of Health and is attempting to create a diverse board from various organizations in the community so that the board is a republic, representing all parts of the county. So far he has asked engaged people from the following; a surgeon, sheriff, the VSO, school counselor, pastor, American Legion, VFW, a practitioner, a virologist, USMC general
retired , a rancher, a business owner, a nurse, a veterinarian, a psychologist, and a mental health/substance abuse counselor.
Mr. Printz asked questions about the structure and procedure of creating an advisory board. That conversation continued at the end of the meeting.
During a public comment period a resident called to ask about the Round Mountain water sewage ponds and what has been done about the toxic orders. This doesn’t fall under the perview of Dr. Brown but is being handled at the State level.
Short presentations/discussion by recommended Advisory Council
members;
Dr. Robert Larsen, virologist;
Viruses and our defenses.
Dr. Larsen explained that there are seven corona viruses that effect humans. Four of those cause the common cold. Of the remaining three, there is SARS (Close Contact) which had 8,000 known infections and a 10% death rate; MERS (Close Contact/Airborne) which had 2,500 known infected and a 35% mortality rate. The last is COVID-19 (Close Contact/Large Droplets), which has a 2.3 % morality rate according to the state, but the rate is probably about 5% of that, given the CDS’s report on comorbidity.
He also discussed the effectiveness of masks, beginning with the virus and its transfer. The virus is mainly transferred by large droplets, which are disbursed at the zero to three-foot distance. The virus is possibly transferred airborne (small droplets) but there is a very low percent likelihood of that. It is mostly close extended contact.
Masks: a fabric two-layer mask can provide about 40% protection. If two people are wearing these masks, it provides 80% protection both directions. A KN (US) or KM (China but Certified) 95, provides even better protection. These are the masks the county ordered, and citizens can go to Public Health to get one and get fitted. Gators or (neck scarves) provide little to no
protection.
Dr. Larsen also explained the present vaccine outlook: he said that all the current vaccine development is being done with new technologies by companies that have not had vaccines previously tested on humans. He doesn’t believe that any of the vaccines will be ready this year. Further, vaccines will be made available to Federal employees, teachers, and the military (examples) before the public at large so that may extend the wait further.
Patrick Fiore, Opioid Substance Abuse Coordinator for Custer and Fremont Counties: Patrick presented on the effects of sustained stress on health.
Adrian Washington, Director, OEM (Office of Emergency
Management); Discussed smoke fire and risks, community
preparedness for emergency evacuation, levels of air pollution due to fire and expected better air quality with upcoming snowstorms.

Discussion on previous action taken (consideration of an advisory committee) not following open meeting law. This discussion was confusing and seemed to center on who the advisory committee would be serving, who had final say on its member selection, and what the laws from the state require. This reporter understood from the discussion that the advisory committee members are currently being selected and vetted by the Health Director, that the BoH may need to develop rules about how this will be done, and that the advisory committee, after being approved by the BoH, will serve the BoH as a whole, which includes the health director. What was not clear in the discussion is whether an advisory committee is required or if the access to particular expertise is required and the advisory committee is the “means”.