Category Archives: Letters

Custer County Ballot Results: The People Have Spoken

The People Have Spoken:
RECALL: Two Out of Three Commissioners RECALLED
Third Barely Hangs On
Ballot: No to Building Codes, Yes to School Bond

by George Gramlich,
News and Commentary

An an astonishing display of voter revolt, the citizens of Custer County have successfully recalled two out of the three current County Commissioners with the third barely hanging on to his office by a mere 122 votes. Commissioners Bob Kattnig and Donna Hood were both successfully recalled by substantial margins.

Kattnig, who had only two years to go on his four-year term was recalled by a vote of 1,354 to 1,174, or 54% to 46%. Hood, who was just elected last year, was recalled by an even greater margin, 1406 to 1,130, or 55% to 45%. Commissioner Printz, who also was elected last year barely managed to survive the recall effort with a vote of 1,323 (52%) against his recall and 1,201 (48%) for his recall, or by a razor slim margin of only 122 votes.

Continue reading Custer County Ballot Results: The People Have Spoken

Bobcat Gridders Close 2017 Season with Another Win

November 3, 2017

by CCSD staff
The 2017 football season came to a close last Saturday with the Bobcats defeating Simla 40-28. The victory would give the Bobcats sole possession of third place in the Southern League conference. The day started out with seniors Aaron Anderson, Jack Bowker, David Kinsey, Kobe Lewsader, and Dylan Schoch getting honored for their time in Bobcat Football. “It was a great senior class,” noted head coach Troy Bomgardner. “They all provided leadership for our underclassmen, they will be missed!”
The game started out with the Bobcats rolling down the field and scoring on a 30-yard strike from Chad Lewenkamp to Billy Berry. Lewenkamp would add the 2-point conversion and the Bobcats would lead 8-0. The Cubs would come back with a 10-play scoring drive and convert the 2-point play to make it 8-8. The Bobcats would put together another scoring drive with David Kinsey and Ray Perez carrying the load behind the strong blocking of Adam Sapp, Jake Morris, Jack Bowker, Billy Berry, and Dylan Schoch. Lewenkamp would cap the drive off with a beautifully executed screen pass to Kinsey for a 28-yard touchdown. “Our offense really began to come together the last two games,” exclaimed Bomgardner. “I never doubted that we could score at any time and that is a good feeling.” An errant snap on the 2-point play left the Bobcats ahead 14-6 early in the second quarter.
The Bobcat defense battled to stop Simla but would finally allow a score after a 10-play drive again. The 2 points made it 16-14. “It was like we were living Kiowa all over again,” said Bomgardner, referring to the see-saw overtime victory last week. Jumping into their no-huddle offense, the Cats quickly put another score on the board with Kinsey playing QB and scampering 28 yards into the end zone. Misfiring on the 2-point conversion left it 20-16 for the Bobcats at the half.
Coming out of the half, Simla received the kick and began to march down the field again. Dylan Schoch would make a great play on an interception only to fumble it back to the Cubs on the return. Simla would drive again and it would come down to a fourth and goal on the two-foot line. And the Bobcats made the stop! However, on the ensuing play and mishandled pitch would give the Cubs an easy score but the Cats would rise up to stop the 2-point play which made it 22-20. “What I really love about high school sports are these moments,” beamed Bomgardner. “The interception and then the fumble and the fourth down stop was huge and we were pumped and then our fumble and you could just see the air go out of us. But we rose up on the 2 point with Ray making a great play and then Aaron Anderson recovering the onside kick and I knew we had the fight in us. What a moment of teaching that when you get knocked down, you have two choices, stay down or fight back!”
Kinsey would add another score off of the no-huddle offense to move CCHS up 26-22. A break came that the Bobcats were looking for when Kinsey jarred the ball loose from the Cub QB and Perez bounced on it. It would only take two plays and Kinsey would have another 28-yard touchdown run. A Lewnkamp to Berry 2-point conversion would take the lead to 34-22. But Simla again rose up and drove down to convert a fourth down play to score. However, Schoch made a great play to stop the 2-point conversion to make it 34-28.
The Bobcats could not convert a crucial first down on the ensuing drive and Simla had a chance to tie the game but the Bobcat defense rose up and stopped them on a big fourth down play. “Our defensive backs played so much better this game,” said Bomgardner. “And it came down to two consecutive plays to defend the pass and we got the job done!”
Taking over on their own 45, Lewenkamp would master the clock on a time-consuming 7-play drive that ended with Perez battling his way for a 12-yard score. Failing the 2-point conversion left it 40-28 with under four minutes left. The Bobcat JV defense came in and held the Simla varsity for a few plays and then the varsity D was called back to finish the game.
“What a way for the seniors to wrap up their careers,” said Bomgardner. “I couldn’t have been prouder of how we played the last two games of the season. We didn’t really have a chance for any post season play, so we were just playing for the thrill of victory and doing our best. And our team worked hard in practice simply for the chance to play and bring home another Bobcat victory. It was a sweet ending!”
The victory moved the Cats to 4-5 on the season and secured sole possession of third place in the Southern League. The season ending banquet will take place on Sunday, November 19th.

 

Art & Soul Rocks Hold Memorial

 

 

 

 

October 30, 2017

Silver Cliff, Colorado

by Sentinel Staff
A  local group in Westcliffe, Art & Soul Rocks, (the same group that has delighted adults and children alike with painted rocks hidden in plain sight around the Towns of Westcliffe and Silver Cliff,) held a short commemoration for those who died in the October 1st Las Vegas massacre.
The group created a Rock Garden Memorial and held a short service on a chilly Monday,
October 30th at the Hwy 96 Roadhouse Bar and Grill.
Vicki Doxzon, the organizer for the event, said she felt we should remember them. The group memorialized each person with a rock, placing these around a larger memorial rock painted by Linda Bittick, who also closed with prayer. The rocks for the Rock Garden Memorial were painted by Vickie, Linda, Peggi Collins, Kylee Morrell, Isabella Rodgers, Brittany Gibbs, Jamie Fluke and Tracy Wheeler. They have gathered a rock for each person who lost their life in this tragedy and recorded their name and date of birth on these.
It was a small gathering, but the Rock Garden Memorial will remain as gift to the community. There is a very personal connection in this compassionate act of remembering the dead by name.

Photos by Danny Fyffe

BOCC: Wetmore Sink, New Health Insurance, CCEDC Grants, Live Streaming Issues

Board of County
Commissioners (BOCC)

—October 31, 2017
Westcliffe, CO
by Jackie Bubis
The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. Mr. Kattnig was present via phone. County Attorney Smith was not in attendance. State Senator Crowder was visiting. Introductions of the public in attendance followed.
The Board approved the minutes from the October 18th meeting.
Commissioner Items
Commissioner Printz is working on the replacement for the sink at the Wetmore Community Center – after saying in the previous meeting that the Wetmore citizens were just stuck with it. The new one should arrive on Thursday.
Commissioner Hood commented that she has spoken with Centurlink and the phone lines that are in the tree at the Wetmore Community Center will be fixed no later than November 10th. She reported on attending the VSO workshop and commended Tim Swartz on the quality of the workshop.
Commissioner Kattnig had no items but welcomed Senator Crowder and also spoke of the success of the VSO.
Administrative Assistant Items
Mrs. Gaide reported that the grant for the Hermit Bridge project was received and that there needed to be a discussion with Road and Bridge Supervisor Hyde about what comes next. She stated that the live streaming test run last week revealed that the sound could not be heard. The work is ongoing to get that running. The contract with CTSI for health insurance was signed and meetings are set up with departments to get the applications completed. The savings to the county are in the range of $50K and she reported that the employees are pleased with the change.

Continue reading BOCC: Wetmore Sink, New Health Insurance, CCEDC Grants, Live Streaming Issues

Colorado’s New Pot Law and Custer County

by Custer County Sheriff Shannon Byerly
(Editor/GG: The Sentinel recently asked Custer County Sheriff Byerly the question below as the new Colorado pot law, House Bill 1220, dramatically changed the rules for growing pot in our state. We felt it would be informative for our readers, especially in light of the many, huge illegal grows busted this summer in our county.)

Could you give us an overview of the new marijuana HB 17-1220, “Concerning Measures to Stop Diversion of Legal Marijuana to the Illegal Market” and how this bill would affect law enforcement in Custer County?

House Bill 1220 is a new law passed by the legislature, at the behest of the Governor’s office and in cooperation with the Medical Marijuana industry, to assist in curtailing the large black and gray marijuana markets that have developed since the
adoption of legalized marijuana in Colorado. This new law was specifically designed to target the illegal cultivation operations in residential properties as well as close the caregiver loophole in existing law. So, what does this new law mean, and how will it affect those who are growing marijuana in Custer County? Here is how HB 17-1220 works in a nutshell;
The law limits the number of plants that can be grown on, or in, a residential property to 12 plants. This means no matter where a person lives, in an apartment or a 40-acre property, they are only allowed to have 12 plants on the property at any one time. The law also does not specify if the plants are mature or in the seedling stage, the limit is 12 plants period.  Continue reading Colorado’s New Pot Law and Custer County

BOCC: Heated Discussion on Wetmore Center Building

Board of County
Commissioners (BOCC)
—October 18, 2017
WETMORE, CO
by Jackie Bubis
The meeting started at 9 a.m. with the Pledge of Allegiance and Roll Call. County Attorney Smith was not in attendance. Introductions of the public in attendance followed.
Commissioner Items
Commissioner Hood reported that the Tourism Board will be hosting local organizations who want to get events on the calendar. That meeting will be at Tony’s Pizza on November 14th. She also emailed Bill Nobles and reported that the application deadline for the Custer County agent position is December 7th. She spoke about the four-day budget hearing process and stated that the Board did a really good job trying to approve all the budgets. She did mention that one elected official was a no-show. (Note: that elected official that she was chastising was Kit Shy, who only had one mandatory thing on his budget – his roughly $2K/year salary. Continue reading BOCC: Heated Discussion on Wetmore Center Building

Bobcats Win: Epic OT Thriller

by CCHS Coaching Staff

The CCHS Gridders traveled to Kiowa Friday night and came away with an overtime victory of 48-46. The game was a see-saw battle in which the lead changed numerous times and had each team leading by two scores at different times in the game.
“I was very proud of the way our guys battled,” said head coach Troy Bomgardner. “We were down by two scores in the first quarter but battled back to take the lead in the second half only to see them come back and tie it to send the game to overtime. But the Bobcats pulled it out!” Continue reading Bobcats Win: Epic OT Thriller

Commish: Grandiose Horn Tooting on THE BALLOT!

    • To the Editor;

 

    • Just spend a few minutes reading the sample ballot for the November election. The three commissioners who are up for RECALL had an opportunity to plead their case for why we should keep them in office. These statements give us a real insight into who these people are.

 

    • Bob Kattnig takes credit for all the hard work of VSO Tim Swartz, similar to him taking credit for FFA and 4H in the county. Then he goes on to explain that Road & Bridge needs more equipment. Okay, Bob. You’re awesome!

 

    • Jay Printz claims “We” ended the lawsuit which cost the county the infamous $150K (which is not the real figure but that’s just being picky). Mr. Printz – let me remind you that the lawsuit was pretty much wrapped up as of the December 15th 2016 meeting (that was BEFORE you took office) and was just a matter of the court catching up. You did nothing as county commissioner to end this lawsuit – it simply happened during your term. Before you took office, you did go with Hamilton to court – along with Bob Kattnig – supporting Hamilton in his quest. Maybe, if you’re not recalled, Hamilton can bring another lawsuit for something equally frivolous and you can authorize the county to just pay him – so as not to go to court, of course.

Continue reading Commish: Grandiose Horn Tooting on THE BALLOT!

CC Budget Hearings: Hood Floats Huge Tax Increase, Printz Calls Wetmore Center a “Monstrosity”

by Jackie Bubis

As I sat in on four days of budget hearings, I came away with some observations. By law, the county must balance the budget for the coming year. The process started on Tuesday with over $1M over budget.
Since the Board recently changed health insurance carriers – touted as a huge savings – those numbers in each department decreased the bottom line as the process went along. The employees have only heard through the grapevine about this change and are hoping fervently that the coverage isn’t reduced as well.
Right off the bat, meeting with Sheriff Byerly, Mrs. Hood stated that at some point we may have to look at the Sheriff’s Office becoming its own taxing district. “Because that’s going to free up what went to you and that might be an answer down the road to help us with our general fund.” Sheriff Byerly’s budget is just under a million dollars. (This would put at least that much more burden on the taxpayers of the county.)

Continue reading CC Budget Hearings: Hood Floats Huge Tax Increase, Printz Calls Wetmore Center a “Monstrosity”

Zoning and Penalties: The LEGAL Verbiage that indicates Fines and Jail Time

12.6 Penalties

There are potential criminal penalties and civil penalties for a violation of any provision of this Zoning Resolution. The criminal penalties are set forth in § 30‐28‐ 124 of the Colorado Revised Statutes. The civil penalties are set forth in § 30‐28‐ 124.5 of the Colorado Revised Statutes. Both of these statutes are set forth verbatim below.

30‐28‐124. Penalties

(1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of any regulation in, or of any provisions of, any zoning resolution, or any

amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation,

provision, or amendment thereof, or any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such

fine and imprisonment. Each day during which such illegal erection, construction,

reconstruction, or alteration continues shall be deemed a separate offense.

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(b) (I) It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted

by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof is guilty of a

misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both

such fine and imprisonment. Each day during which such illegal use of any building,

structure, or land continues shall be deemed a separate offense.

(II) Whenever a county zoning official authorized pursuant to section 30‐28‐114 has

personal knowledge of any violation of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Should the

violator fail to correct the violation within the ten‐day period, the zoning official may request that the sheriff of the county issue a summons and complaint to the violator, stating the

nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint shall require that the violator appear in county court at a

definite time and place stated therein to answer and defend the charge.

(III) One copy of said summons and complaint shall be served upon the violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county zoning official, and one copy shall be

transmitted by the sheriff to the clerk of the county court.

(c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1). In the event that there is no county attorney or in the event that the board of county

commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the

county attorney.

(2) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any

regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 1, the county

attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other

appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use. In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the

board of county commissioners may appoint the district attorney of the judicial district to

perform such enforcement duties in lieu of the county attorney.

30‐28‐124.5. County court actions for civil penalties for zoning violations
(1) It is unlawful to erect, construct, reconstruct, alter, or use any building, structure, or land

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in violation of any regulation in, or of any provisions of, any zoning resolution or any amendment thereof, enacted or adopted by the board of county commissioners under the

authority of this part 1. In addition to any penalties imposed pursuant to section 30‐28‐124, any person, firm, or corporation violating any such regulation, provision, or amendment

thereof or any provision of this part 1 may be subject to the imposition, by order of the county court, of a civil penalty in an amount of not less than five hundred dollars nor more

than one thousand dollars. It is within the discretion of the county attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in section

30‐28‐124, or both. Each day after the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in

accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day. Until paid, any

civil penalty ordered by the county court and assessed under this subsection (1) shall, as of recording, be a lien against the property on which the violation has been found to exist. In

case the assessment is not paid within thirty days, it may be certified by the county attorney to the county treasurer, who shall collect the assessment, together with a ten percent penalty

for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and

redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) shall

be recorded with the clerk and recorder of the county in which the property is located.

(2) (a) In the event any building or structure is erected, constructed, reconstructed, altered,

or used or any land is used in violation of any regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county

commissioners under the authority granted by this part 1, the county attorney of the county in which such building, structure, or land is situated, in addition to other remedies provided

by law, may commence a civil action in county court for the county in which such building, structure, or land is situated, seeking the imposition of a civil penalty in accordance with the

provisions of this section.

(b) A county zoning official designated by resolution of the board of county commissioners shall, upon personal information and belief that a violation of any regulation or provision of

any zoning resolution enacted under the authority of this part 1 has occurred, give written notice to the violator to correct the violation within ten days after the date of the notice. If

the violator fails to correct the violation within the ten‐day period or within any extension period granted by the zoning official, the zoning official, the sheriff of the county, or the county attorney may issue a summons and complaint to the violator, stating the nature of

the violation with sufficient particularity to give notice of the charge to the violator.

(c) One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the

service of a county court civil summons and complaint in accordance with the Colorado rules of county court civil procedure. The summons and complaint shall also be filed with the clerk

of the county court and thereafter the action shall proceed in accordance with the Colorado

rules of county court civil procedure.

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(d) If the county court finds, by a preponderance of the evidence, that a violation of any

regulation or provision of a zoning resolution, or amendment thereto, as enacted and adopted by the board of county commissioners, has occurred, the court shall order the

violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. The penalty shall be payable immediately by the violator to the county treasurer. In the event

that the alleged violation has been cured or otherwise removed and the violator has notified the county zoning official of the cure or removal at least five business days prior to the

appearance date in the summons, then the county attorney shall so inform the court and

request that the action be dismissed without fine or appearance of the defendant.

(3) Upon the filing with the court of a receipt issued by the county treasurer showing

payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the county zoning official that the violation has been cured, removed, or

corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The court may also dismiss the action upon a motion of the county attorney

indicating that the matter has been otherwise resolved.

(4) If a receipt showing full payment of the civil penalty or the affidavit or the motion by the county attorney required by subsection (3) of this section is not filed, the action shall continue and the court shall retain jurisdiction to impose an additional penalty against the

violator in the amount specified in subsection (1) of this section. The additional penalty shall be imposed by the court upon motion filed by the county and proof that the violation has not

been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the court of a receipt issued by the county treasurer showing payment in full of the civil

penalty and any additional penalties so assessed and the filing of an affidavit of the county zoning official that the violation has been cured, removed, or corrected, or until a motion by

the county attorney to dismiss the action is granted by the court.