BOCC: County Employee Credit Cards?
Columbus Day Kerfuffle, Flower Says no
to In Person BOCC Meetings, P&Z on B&B

September 16, 2020
by Laura Vass

The meeting began with the Pledge of Allegiance and roll call. All commissioners were present.
Amendment to Agenda
Commissioner Jay Printz moved that the Board remove the agenda item to discuss Seating non-elected BoH member(s). No discussion followed.
Commissioner Items
The commissioners and chair listed the meetings they attended. Fiber/Tower project meeting, Strategic Plan meeting, The special BOCC meeting on the 10th, the Board of Health (BoH), the CARES Act Meeting and the Upper Arkansas Water Board.
The Fire Protection District agreed to pay 2/3 of the bill for fixing the pad at Silver West Airport.
Mr. Flower brought up issuing county credit cards to departments to eliminate some employees paying expenses on their personal credit cards and then seeking reimbursement.
Attorney Items
Attorney Smith said the executive session on a non-Covid health issue was required to be taped but because of timing and availability,
it had to be taped by cell phone and then transferred to disk by IT. There was some concern from Printz and Flower that it could be CORA’d by individuals. Attorney Smith said the tape is required to be available for 90 days and would be available only if there is a court case concerning the issue and only for that purpose and then destroyed at the 90 day point if there was not a request.
Flower said that he had a conversation with counsel about recording executive sessions and that the Board needs to have backup in place. After a discussion, the Board moved and passed a motion to purchase a stand-alone recording device to keep in the board room.
Public Comment
A question was asked about the mask mandate from the Governor and if there was going to be one from the county. He was referred to the BoH meeting that followed the BOCC meeting.
A question was asked about Upper Ark’s proposed alluvial fan water storage plans and what type of rock was in the alluvial. Mr. Flower said he wasn’t sure how that works- taking maybe 10 years for the water to percolate down. He said it was a little above his pay grade. There were no clear answers given on that process. The project is called “alluvial aquifer storage in Trout Creek Park”.
For our readers, from UAWCD’s website, “As part of the development of aquifer storage for the Trout Creek Park Multi-Use Project, in 2016 a recharge pond was constructed in partnership with the local land owner. Recharge ponds are the infiltration vessel for water to be stored in the aquifer. Initial analysis at the Trout Creek Park recharge pond location has concluded that the alluvium could store water in the aquifer for approximately 20-years, providing a great benefit to water supply needs in the Upper Arkansas River Basin.
In an effort to more accurately determine the available storage space in the aquifer and the timing of return flows to the river – which make up the storage component- the Upper Arkansas Water Conservancy District, in partnership with the local land owner and funding from the Colorado Water Conservation Board, is moving forward with a pilot project at Trout Creek Park. Once water has been successfully delivered to the recharge pond, infiltration rates and groundwater levels can be monitored. This pilot project will serve as an example of the innovative ways that the District is addressing our future water challenges and can provide a demonstration that can be transferable across the State on how to implement alluvial aquifer storage projects in the future.”

There was a complaint about the dirt road grading lasting only about 10 days before going washboard. Mr. Canda said that eventually the county will oil all the dirt county roads in the county, it is just a matter of time and money. Printz brought up R&B Manager Gary Hyde’s assessment that most wash boarding is due to speeding and that the mag chloride substitute the county is using seems to help.

Valerie SJORDAL called in to let the Board know that it is very difficult to hear the commissioners using the current systems and wondered when the Board plans on meeting in person. Flower said that he had no idea due to Covid restrictions. Valerie pointed out that across the hall, she attended court and distancing seemed to work well and suggested that the Board use the court room or find a location that would accommodate a meeting.
Reports
Admin: none.
Jackie Hobby of Planning & Zoning reported that the board of zoning adjustment needs another person to replace Mr. Carter. She will see which one of the Associate members wants to move over to the board.
Custer County Planning Commission held workshops and is now at the public hearing stage on changes for rentals. These will be held in the county courtroom. There will be meetings with
public hearings on September 28th (1:30-3 p.m.) and 29th (6-8 p.m.) and Jackie asked that the commissioners to attend these so that they are aware of what their community is thinking about the proposed changes to 2018 zoning. Ms. Hobby noted that because the court is a separate entity (their room, their rules), social distancing and mask wearing is required, and seating will be limited in order to use the court’s space.
She said she is not in a position to talk about the ongoing health and zoning violation case at this time since there are other continuing investigations outside her department. She said she should be able to report at the end of the month.

Ms. Hobby said 41 violation notices have been sent out to property owners since July. These letters were included in the last report but only numbered in this month’s report. There have been 96 septic permits issued in (January-August) 2020, up from 72 last year.

Transferring Sheriff vehicle to the Department of Veteran’s Services. Mr. Carroll told the Board that the grant he was researching would have a restriction that a new vehicle could be used only to go to and from VA appointments. He said this is limited and not what he needs because he does hauling, including firewood, to veterans. He was looking at the Astrovan and a Yukon that are attached to the SO but not being used. He said the Sheriff has already turned those vehicles over to the county. Mr. Carroll is still looking for a grant to meet the need. The Board motioned and passed that the county transfer a vehicle (his choice, Astrovan or Yukon truck) over to the VSO. No Public comment.
Consideration for Francis Cabrini Day. The state passed a replacement holiday for Columbus Day, October 12th to Francis Cabrini Day on October 5th. Flower moved to strike the current county holiday and replace it with the date of October 5th.
Mr. Printz recommended that we wait a year to add the change until next year so that employees who have plans don’t have to change them. Flower disagreed since the state has already changed it in March.
After public comment from Lisa Frank, the question of whether the county is obligated to follow both the state and federal holidays, leaving the question whether both holidays should be observed. That was not answered. The Board moved to change the paid holiday to Cabrini Day on the 5th of October, for this year, in order to comply with the State law, however, after a short recess, the commissioners discussed changing the name of that holiday to Cabrini Day. For lack of a second, the holiday will remain named Columbus Day in Custer County but will be on the county holiday calendar for this year as October 5th.

Next, consideration of the hiring process for assistant director to HR/Finance. The Board approved the job description and motioned to publish the job vacancy.
The Part-time Maintenance Groundkeeper and Scales Operator resigned. His last day is the September 17th. The Board approved publishing the job vacancy. Mr. Printz suggested the Board find a volunteer through the jail or find someone to cover the job part of the job until it can be filled.
Greenwood tracts encroachment: Mr. Gregg Lloyd came before the Board with an easement issue.
The easement issue with buildings constructed next to the access road to Mr. Lloyd’s property. Mr. Lloyd gave a short history of his attempts to resolve. He said he started the process by asking Mr. Printz to advise him. Attorney Printz advised that the easement (60 ft) is valid. (Mr. Printz is not representing him at this time.) Then Mr. Lloyd said he went to Jackie Hobby in Planning & Zoning with his complaint. According to Lloyd, Hobby told him since it is a private road, it is a civil matter. Then he went to
Attorney Smith who said he doesn’t not advise private citizens.
Mr. Lloyd did take the case to court, but the judge said it was not in her jurisdiction and told him to file with district court. He then went back to Planning and Zoning. Jackie Hobby told him she would need him to provide a survey. Mr. Lloyd did that and provided the BOCC with photos of two structures and an archway (gate arch) that had been built. His part of the discussion centered on the easement and the 50 ft from the property line zoning law and some boulders that he says are in the 60-foot easement.
The discussion was lengthy, with the Board and County Attorney repeatedly noting that they would listen, but not advise since there is a pending (now district) court case.
Mrs. Hobby did ask why, since the buildings were in place in 2013, that he was disputing it now.
Later, two other individuals, the previous landowner and the new landowner where the alleged encroachment is, were both on the phone line and gave more details. The former property owner of now Heavens Guest Ranch, gave details of the arch gateway being built, which replaced one of two 12 ft. cattle guards that were more restricting than the 16 ft. archway and said that part of the purpose was to provide the four property owners on the private road with a way to eventually install a solar powered gate. Apparently, there was a “falling out” between Mr. Lloyd and the previous property owner in recent years. The new owner said that the buildings are not near property lines and that Mr. Lloyd’s survey is not accurate. Further, the new owner of Heavens Guest Ranch said Mr. Lloyd had not contacted him to discuss the problem at all.
Aside from suggesting mediation between the parties, no advice was given.
The meeting ended after two and a half hours.