ELBERT COUNTY COMMISSIONER MEETING

							                 ELBERT COUNTY COMMISSIONER MEETING
                            MARCH 10, 2004

The Board of Elbert County Commissioners met in a regular scheduled meeting on the
10th day of March 2004, with the roll call of members as follows:

               Chairman Stephen Stutz                        Present
               Vice Chair John Metli                         Present
               Commissioner Debra Paulson                    Present

The Board of Commissioners convened at 9:05 a.m., and Chairman Stephen Stutz called
the meeting to order. The meeting began with a Prayer and the Pledge of Allegiance.

AGENDA:

Additions: Road Repairs. Commissioner Metli made a motion to approve the Agenda
for March 10, 2004, as amended. Commissioner Paulson seconded the motion. The roll
having been called, the Chairman declared the motion unanimously carried and so
ordered.

CORRESPONDENCE:

Notification that the CSU State Extension Offices are facing budget cuts.

Colorado Board of Health Meeting on March 11th at 10:00 a.m.

CCI Monthly and Weekly Updates.

CDOT 20/30 Plan was approved for Highway 83, 86 & 24.

Meeting with Arapahoe County Commissioners on May 11, 2004 at 2:00 p.m., regarding
the IGA Agreement with Arapahoe County, Elbert County and Metro Wastewater
Reclamation District.

Letter from Clay Brown regarding the water study and open space matter that needs to be
incorporated into the Master Plan. Mr. Brown stated that the County’s Master Plan needs
to be updated and there may be grant money to accomplish this project.

Commissioner Metli reported that the vicious dog legislation is now on hold and will not
go to the Appropriations Committee as it is felt that there will be more court cases on this
matter and there are budget cuts around the State.

Letter from Western Country Ranches Homeowners Association thanking Commissioner
Paulson and Code Enforcement Officer Floyd Crossman for attending their March 2nd
meeting.




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MINUTES APPROVED:

Commissioner Paulson made a motion to approve Commissioner Meeting Minutes of
March 3, 2004. Commissioner Metli seconded the motion. The roll having been called,
the Chairman declared the motion unanimously carried and so ordered.

VOUCHERS & WARRANTS:

Commissioner Paulson made a motion to approve A/P Warrant #085186 through
#085290, all accounts, all funds, in the amount of $83,186.54 on 03/10/04.
Commissioner Metli seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.

FAIRGROUNDS:

Fairgrounds Administrative Manager Carol Vonfeldt came before the Board to discuss
the following items:

Carol again discussed the Sertoma Club hosting an Elbert County Old West Memorabilia
and Sportsman’s Show at the Fairgrounds June 18, 19 & 20, 2004. Carol submitted a
copy of Sertoma Club’s insurance to County Attorney Mark Scheffel for review and
Mark found the insurance appropriate for approval as to form. Commissioner Metli made
a motion to allow the Elbert County Old West Memorabilia Sportsman Show to be held
at the Fairgrounds on June 18, 19 & 20, 2004, to be put on by the Sertoma Club.
Commissioner Paulson seconded the motion. Further discussion: the Sertoma Club will
provide their own security. The roll having been called, the Chairman declared the
motion unanimously carried and so ordered.

Carol discussed the well on the Fairgrounds property that the USGS would like to
perform testing on. Carol submitted the file on this project to County Attorney Mark
Scheffel for his review. It appears that the water rights belong to the Town of Kiowa and
therefore the Town would have to be a party to the agreement with USGS for the testing.
Mark will review the documents further and discuss them with the Town of Kiowa.

GREGORY MINOR DEVELOPMENT ROAD ACCEPTED FOR COUNTY
MAINTENANCE:

Kiowa Road & Bridge Foreman Tom Penewell came before the Board to recommend that
the road known as Gregory Circle in the Gregory Minor Development be accepted for
County maintenance. The road was inspected and found to meet all County regulations.

Commissioner Metli made a motion that the road, Gregory Circle, in the Gregory Minor
Development be accepted for County maintenance for 1,275 feet. Commissioner Paulson
seconded the motion. The roll having been called, the Chairman declared the motion
unanimously carried and so ordered.




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                           RESOLUTION 04-20
                   GREGORY CIRCLE ROAD ACCEPTED FOR
                         COUNTY MAINTENANCE

KIOWA ROAD & BRIDGE DEPARTMENT:

Kiowa Road & Bridge Foreman Tom Penewell came before the Board to discuss the
following items:

Tom answered questions of Commissioner Paulson regarding road repairs on County
Road 132 going south of Pine Ridge and County Road 9-15. Tom stated County Road
132 has had mag chloride treatment and will now need work with the recycling machine.
Repairs on County Road 9-15 will start next week. Tom also reviewed the road work
associated with the snowstorm last week Friday.

Tom discussed a road situation off of County Road 21 going south. In 1996 and 2001, A-
1 Rezone land use applications were approved for this area and one of the conditions of
approval was that the developer was to build the private road. The private road was
never built, the developer is gone, and now there are four lots accessing a driveway. Tom
proposed that the County build this road which would increase County Road 21 an extra
900 to 1,000 feet with the cost being approximately $15,200.00. Commissioner Metli felt
the citizens who will be accessing this road should be contacted and asked to share in the
cost of building this road. Commissioner Paulson and Commissioner Stutz felt that
easements need to be reviewed first and notify the citizens of the road work. The Board
agreed for Tom to proceed with researching this project with the County Attorney.

RETAC APPOINTMENT:

Public Health Director Mary Terlep came before the Board to request that she be replaced
by Glenn Ohrns on the RETAC Committee. Mary felt that this appointment better fits
into Glenn’s job description/duties.

Commissioner Metli made a motion to appoint Glenn Ohrns, in replacement of Mary
Terlep, on the Mile High RETAC Committee. Commissioner Paulson seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

                             RESOLUTION 04-21
                      RETAC COMMITTEE APPOINTMENT

SPANISH INTERPRETER AGREEMENT:

Public Health Director Mary Terlep came before the Board to request that approval be
given to appoint someone from the Hispanic community to be an interpreter for the
Public Health Department when the Public Health Department has a patient that is unable
to speak English. Mary felt that 10 hours a month would be needed for this service.



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Sheriff Frangis stated the Sheriff’s Department also deals with the same problem and felt
that all of the County Department’s could benefit from this program. The Board agreed
for Mary to coordinate with the other department’s, especially the Social Services
Department and the Sheriff’s Department, to see what their needs are and come back
before the Board.

PUBLIC HEALTH DEPARTMENT AGREEMENT:

Public Health Director Mary Terlep discussed the Memorandum of Understanding
between the Colorado Department of Public Health and Elbert County for confidential
health information and if the information is shared, it will be done according to federal
guidelines. County Attorney Mark Scheffel found the MOU appropriate for approval as
to form, with the change that the Chairman will sign the agreement.

Commissioner Paulson made a motion to that the Chair sign the Memorandum of
Understanding for the exchange of confidential health information between agencies.
Commissioner Metli seconded the motion. Further discussion: with the changes made
by the County Attorney. The roll having been called, the Chairman declared the motion
unanimously carried and so ordered.

PRISONER COST OF CARE PROGRAMS:

Sgt. Heap with the Sheriff’s Department, came before the Board to finalize the prisoner
cost of care programs that were previously submitted and discussed. Also submitted was
the electronic monitoring program agreement. County Attorney Mark Scheffel reviewed
the agreement and found it appropriate for approval as to form. Commissioner Metli
made a motion to begin electronic monitoring program with the cost of care programs,
presented by the Sheriff’s Department. Commissioner Paulson seconded the motion.
The roll having been called, the Chairman declared the motion unanimously carried and
so ordered.

GASB34 PROPOSAL:

County Administrator Suzie Graeff came before the Board to present the proposal from
Glick Consulting Group for work performed on GASB34 requirements for Elbert County.
Commissioner Paulson made a motion to accept the proposal from Glick Consulting
Group for the GASB34 compliance. Commissioner Metli seconded the motion. Further
discussion: County Attorney Mark Scheffel found the proposal appropriate for approval
as to form, subject to the contract when it is here. The roll having been called, the
Chairman declared the motion unanimously carried and so ordered.




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SHERIFF CERTIFICATION:

County Administrator Suzie Graeff presented the Board of Commissioners with the
completed certification of Sheriff Frangis. Chairman Steve Stutz read into the record that
William Gary Frangis, on the 26th day of February 2004, received from the State of
Colorado, Certificate #B10531, for the Certification of a Peace Officer in the State of
Colorado.

911 GRANT:

County Administrator Suzie Graeff presented the 911 Grant application that the East
Central Council of Government is applying for on behalf of Elbert County. Elizabeth
Fire Chief Daryl Evans reviewed with the Board of Commissioners what the Dispatch
Committee has discussed and tentative plans for an addition onto the Sheriff’s
Department for dispatch. Daryl reported that the grant application needs to come from
the Board of Commissioners and the 911 Board needs to agree to use the $230,000 for
equipment as the grant match. Daryl also reported that various agencies may contribute
money to the grant match also.

Commissioner Paulson made a motion that the Chairman sign the grant application for
the 911 equipment/building. Commissioner Metli seconded the motion. The roll having
been called, the Chairman declared the motion unanimously carried and so ordered.

PAYROLL:

County Administrator Suzie Graeff came before the Board to present the request of the
Public Health Department to replace a nurse that has left and a merit increase for a
Sheriff’s Department employee. The Board agreed for the Public Health Department to
proceed with hiring a replacement for the nursing position that was vacated.

MODULAR BUILDINGS EXTENSION:

Commissioner Stutz reported that he attended the Town of Kiowa Board of Trustees
meeting and requested a two year extension for the replacement of the modular buildings.
The Town of Kiowa granted a one year extension and the modular buildings will have to
be removed by the end of the one year extension.

TOM GRESHAM – IMPACT FEE WAIVER REQUEST:

Tom Gresham came back before the Board of Commissioners to review his previous
request for waiver of the new tier of impact fees that were adopted on January 7, 2004.
Mr. Gresham has been in the process of financing his 60 acre parcel and the financing did
not go through due to no fault of the Gresham’s, before the impact fees were adopted.
Mr. Gresham has requested the waiver of the impact fees since he has been working on
this project since March 2003.




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Commissioner Metli made a motion to waive the impact fees for Mr. Gresham.
Commissioner Paulson seconded the motion. Further discussion: Commissioner Stutz
requested that the motion and the second of the motion be rescinded in order to obtain
more background on the request.         Commissioner Metli rescinded his motion.
Commissioner Paulson rescinded her second of the motion.

Planning Director Ken Wolf stated that the only time the County can deem the
completion of a created parcel, is when the deed is recorded. Mr. Gresham stated that his
father owns the property, had a land survey plat done and recorded in 2003; however, due
to the financing issue, the deed to the 60 acre parcel is not in Tom Gresham’s name.

Commissioner Metli made a motion to restate his motion to waive the fee since the
survey was recorded last year and need to draw a line anyway. Commissioner Paulson
seconded the motion. Further discussion: Mr. Gresham’s father owns the land and
because of the financing matter, the deed has not been recorded. Commissioner Stutz felt
there is a problem with waiving impact fees for Mr. Gresham on this property, when the
deed to the property has not been put into his name or recorded. County Attorney Mark
Scheffel discussed the effective date of when impact fees are applied and that the
Commissioners need to define what is a completed application on 60 acre tracts and
above. Commissioner Metli amended his motion that the impact fees are not applicable
because of the date of the survey and that would be the date of the completed application.
Commissioner Metli withdrew his motion.

The Board further discussed what the definition will be for a completed application on 60
acre and above parcels of ground.

Commissioner Paulson made a motion that the Board of County Commissioners
recognize a completed application at the time of the recorded deed. Commissioner
Paulson rescinded the motion.

Commissioner Paulson made a motion that a complete application for 60 acre parcels is
deemed at the time of recorded deed. Commissioner Metli seconded the motion. The
roll having been called, the Chairman declared the motion unanimously carried and so
ordered.

COUNTY ATTORNEY:

County Attorney Mark Scheffel presented the agreement between Elizabeth Fire District
and Elbert County for the sale of the property that the Elizabeth Fire District currently
has a lease on located off of County Road 166. Mark has found the agreement
appropriate for approval as to form. Commissioner Metli made a motion that the Chair
sign the Agreement for Purchase and Sale of Real Property with the Elizabeth Fire
District for property located off of County Road 166. Commissioner Paulson seconded
the motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.




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Recessed at 11:40 a.m.
Reconvened at 1:05 p.m.

SPRING VALLEY RANCH METROPOLITAN DISTRICT #1 – AMENDED AND
RESTATED SERVICE PLAN:

Planning Director Ken Wolf came before the Board to present the request of Running
Creek Investments LLC, Ronald R. Heggemeier, Manager, for approval of an amendment
to the Spring Valley Ranch Metropolitan District #1 Service Plan, which was approved
on July 18, 2001, by the Board of Commissioners by Resolution 01-54. District #1 has
been duly formed and organized by order of the Elbert County District Court.

The applicant is requesting the amendment to the District #1 Service Plan “in order to
assure that the long range infrastructure plans for the development can be effectuated and
to accommodate the increase in the density of the development.” The submitted,
amended Service Plan, is being submitted pursuant to Section 32-1-207, C.R.S., and shall
either supersede or replace the original Service Plan which was previously approved.

In the opinion of the Planning Department, the submitted District #1 Service Plan
Amendment has addressed each of the requirements specified in C.R.S. 30-1-102.
Section X, Conclusion, (page 26) in the Service Plan lists the following as is required by
C.R.S. 32-1-203(2):

   A. There is sufficient existing and projected need for organized service in the area
      to be serviced by the District.

   B.   The existing service in the area to be served by the District is inadequate for
        present and projected needs.

   C.   The District is capable of providing economical and sufficient service to the area
        within its proposed boundaries.

   D. The area to be included in the District does have or will have the financial ability
      to discharge the proposed indebtedness on a reasonable basis.

   E.   Adequate service is not, or will not, be available to the area through the county
        or other existing municipal or quasi-municipal corporations, including special
        districts, within a reasonable time and on a comparable basis.

   F.   The facility and service standards of the District are compatible with the facility
        and service standards of the County within which the District is located and each
        municipality which is an interested party under Section 32-1-204(1) C.R.S.

   G. The proposal is in compliance with a Master Plan adopted pursuant to Section
      30-23-106, C.R.S.




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   H. The proposal is in compliance with any duly adopted county, regional, or state
      long range water quality management plan for the area.

   I.   The creation of the District will be in the best interest of the area proposed to be
        served.

On February 19, 2004, the Planning Commission held a public hearing on this land use
application and on a vote of 6 to 0, the Planning Commission forwarded an approval
recommendation with stipulated conditions of approval as follows:

           1. The approved single family lots are 1,186, correct the text and exhibits of
              the Service Plan as required.

           2. The Planning Department has minor corrections to the text which should
              be considered.

           3. Adopt the Findings enumerated herein.

Public Comment Speakers: Applicant’s Representative Devon Davis and Mary Jo
Dougherty with McGeady Sisneros, P.C.

Commissioner Paulson made a motion to approve SPP-03-09-06, Spring Valley Ranch
Metropolitan District #1, Amended and Restated Service Plan, with the three conditions
of approval. Commissioner Metli seconded the motion. The roll having been called, the
Chairman declared the motion unanimously carried and so ordered.

                         RESOLUTION 04-22
         APPROVAL OF SPRING VALLEY RANCH METROPOLITAN
          DISTRICT #1 AMENDED AND RESTATED SERVICE PLAN

SPRING VALLEY RANCH METROPOLITAN DISTRICT #2, AMENDED AND
RESTATED SERVICE PLAN:

Planning Director Ken Wolf came before the Board to present the request of Running
Creek Investments LLC, Ronald R. Heggemeier, Manager, for approval of an amendment
to the Spring Valley Ranch Metropolitan District #2 Service Plan, which was approved
on July 18, 2001, by the Board of Commissioners by Resolution 01-55. District #2 has
been duly formed and organized by order of the Elbert County District Court.

The applicant is requesting the amendment to the District #2 Service Plan “in order to
assure that the long-range infrastructure plans for the development can be effectuated and
to accommodate the increase in the density of the development, an additional district,
Spring Valley Ranch Metropolitan District 3 has been organized.

The submitted, amended, Service Plan is being submitted pursuant to Section 32-1-207,
C.R.S., and shall either supersede or replace the original Service Plan which was



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approved by Resolution 01-55. Section 32-1-101, C.R.S., specify the contents of a
service plan and this is also applicable to any amendment to an approved service plan.

In the opinion of the Planning Department, the submitted District 2 Service Plan
Amendment has addressed each of the requirements specified in C.R.S. 30-1-102.
Section X – Conclusion (page 25) in the Service Plan, lists the following as is required by
C.R.S. 32-1-203(2):

   A. There is sufficient and existing and projected need for organized service in the
      area to be serviced by the District.

   B. The existing service in the area to be served by the District is inadequate for
      present and projected needs.

   C. The district is capable of providing economical and sufficient service to the area
      within its proposed boundaries.

   D. The area to be included in the District does have, or will have, the financial
      ability to discharge the proposed indebtedness on a reasonable basis.

   E. Adequate service is not or will not be available to the area through the county of
      other existing municipal or quasi-municipal corporations, including special
      districts, within a reasonable time and on a comparable basis.

   F.   The facility and service standards of the District are compatible with the facility
        and service standards of the County within which the District is located and each
        municipality which is an interested party under Section 32-1-204(1), C.R.S.

   G. The proposal is in compliance with a Master Plan adopted pursuant to Section
      30-23-106, C.R.S.

   H. The proposal is in compliance with any duly adopted county, regional, or state
      long range water quality management plan for the area.

   I.   The creation of the District will be in the best interest of the area proposed to be
        served.

On February 19, 2004, the Planning Commission held a public hearing on this land use
application, and on a vote of 6 to 0, forwarded an approval recommendation with the
following stipulated conditions of approval:

           1. The approved single family lots are 1,186, correct the text and exhibits of
              the Service Plan as required.

           2. The Planning Department has minor corrections to the text which should
              be considered.



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           3. Adopt the Findings enumerated herein.

Public Comment Speakers:         Applicant’s Representative Devon Davis and Ron
Heggemeier.

Commissioner Paulson made a motion to approve SPP-03-09-07, Spring Valley Ranch
Metropolitan District 2, Amended and Restated Service Plan, subject to the three
conditions of approval. Commissioner Metli seconded the motion. The roll having been
called, the Chairman declared the motion unanimously carried and so ordered.

                          RESOLUTION 04-23
         APPROVAL OF SPRING VALLEY RANCH METROPOLITAN
           DISTRICT 2, AMENDED & RESTATED SERVICE PLAN

ECKHARDT REZONE & MINOR DEVELOPMENT:

Planner II James McClanahan came before the Board to present the request of Robert and
Mavis Eckhardt to rezone 40 plus acres from A (Agricultural) to AR (Agriculture-
Residential) and the subdivision of the same into four residential lots, 10.02 and 10.04
acres in size. The site is located in a portion of Section 28, Township 9 South, Range 64
West, adjacent to and northeast of the intersection of County Roads 102 and 21,
approximately 1 ½ miles northwest of the Town of Elbert. The northern boundary of the
site is adjacent to 10 acre lots zoned RA. The remaining surrounding property is zoned
A, with associated agricultural uses. This proposal is located in the Rural Residential
Medium Density Land Use Area. According to the Elbert County Master Plan, allowable
densities in this area range from one unit per 10.01 acres to one unit per 20 acres. This
project has an adjacency of 24.82%, which exceeds the 16.67% required for compliance
with the Master Plan.

On February 19, 2004, the Planning Commission held a public hearing on this application
and on a vote of 6 to 0, forwarded the following recommendation to the Board of
Commissioners:

Approve RZ-03-10-26, Eckhardt A to AR Rezone, with the following conditions of
approval:

   1. The applicants will obtain a Weed Control Bond or deposit cash with Elbert
      County in the amount of $2,000.00 per new lot (3) to be held for two years for
      weed control, per Elbert County Policy Advisement #24.

   2. The applicants will meet with the Elbert Fire District and provide the Planning
      Department with a signed letter from the same, verifying compliance with
      Resolution 99-35.




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   3. The applicants will mitigate impacts to County roads through the payment of
      impact fees in the amount of $1,999.00 per lot (4), to be used for road
      improvements in Traffic Analysis Zone 2.

   4. The Planning Department is to be provided with documentation from the State
      Engineer’s Office that Determination of Water Right Nos. 290-BD and 291-BD
      have been amended to include individual residential uses. This documentation is
      to be in the Planning Department prior to recordation of any documentation for
      the proposal.

   5. The posted notice of public hearings shall be removed from the property no later
      than seven (7) days following approval by the Board of County Commissioners.

   6. The applicants will record the Rezoning Plan and all associated documentation
      within sixty (60) days of Board of County Commissioners approval.

   7. The Rezoning will not become effective until all conditions of approval have
      been met, fees paid and documents recorded.

   8. Adopt the Findings enumerated herein.

Approve MD-03-10-11, Eckhardt Minor Development with the following conditions of
approval:

   1.   The applicants will meet with the Elbert School District and provide the
        Planning Department with a signed letter from the same, verifying compliance
        with Resolution 99-14, prior to recordation of the Subdivision Plat.

   2.   The applicants will obtain an access road permit from the County. The County
        will not issue any building permits for the subdivision until the road has been
        approved by the County Road & Bridge Department.

   3.   The applicants will pay to Elbert County $500.00 per lot (4) for the dedication of
        open space.

   4.   All areas disturbed during construction will be re-seeded.

   5.   The applicants will submit the Plat Exhibit in digital form, as required in
        Section XV,A, 10 of the Subdivision Regulations.

   6.   The applicants will record the Eckhardt Minor Development Plat within sixty
        (60) days of Board of County Commissioners approval.

   7.   The Minor Development will not become effective until all conditions of
        approval have been met, fees paid and documents recorded.




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   8.    Adopt the Findings enumerated herein.

Public Comment Speakers: Applicant’s Representative Tom Maroney.

Commissioner Metli made a motion to approve RZ-03-10-26, Eckhardt Rezone, with the
8 conditions of approval and amend condition #3 to change from $1,999.00 per lot to
$1,690.00 per lot. Commissioner Paulson seconded the motion. The roll having been
called, the Chairman declared the motion unanimously carried and so ordered.

Commissioner Metli made a motion to approve MD-03-10-11, Eckhardt Minor
Development with the 8 conditions of approval. Commissioner Paulson seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

                        RESOLUTION 04-24
        APPROVAL OF ECKHARDT REZONE & MINOR DEVELOPMENT

HIGHWAY 83 & 86 CORRIDOR STUDY:

Representatives from Wilson & Company and CDOT came before the Board to review
the State Highway 83-86 Corridor Optimization Plan. The Study was undertaken in
February of 2003. Because of continuity of travel patterns, the study limits along State
Highways 83 and 86, respectively, were chosen to be from E-470 in Parker to State
Highway 105 in El Paso County and from Castle Rock to Kiowa.

PAYROLL INCREASE REQUEST:

The Board of Commissioners discussed a proposed 4% payroll increase for a Sheriff’s
Department employee. The Board denied this request since a previous motion was made
that all employees will have a 3% cost of living increase and no more.

COUNTY ATTORNEY:

County Attorney Mark Scheffel came before the Board to discuss the following items:

Mark reported that he has been contacted by David Peontek regarding insurance coverage
for the County Posse members under CTSI. The Board agreed that CTSI needs to be
contacted to see if the Posse is covered under the County’s insurance if they are not part
of Elbert County Government volunteers.

Mark discussed the special use review for the pistol range on Gene Cabral’s property.
The original special use is in the Town of Elizabeth’s name and the special use was not
amended to include any specialty groups to use the range. The Town of Elizabeth is in
agreement for the 4H Clubs to use the range. Planning Director Ken Wolf stated that the
special use permit will need to be amended.




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EXECUTIVE SESSION:

Commissioner Paulson made a motion that the Elbert County Board of County
Commissioners will now go into Executive Session pursuant to C.R.S. 24-6-402(3) and
(4) to discuss legal matters and/or pending legal actions with the Board of County
Commissioners Attorney, which in the opinion of the attorney, who will be attendance
during the Executive Session, believes that all or a portion of the discussion will
constitute privileged attorney/client communications. Commissioner Metli seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

Commissioner Paulson made a motion that the Elbert County Board of County
Commissioners will now come out of Executive Session with the Attorney for the Board.
No formal action was taken by the Board, including but not limited to, any proposed
policy, position, resolution, rule or regulation, or formal action in contravention of C.R.S.
24-6-402(4). No further record was kept of this Executive Session. Commissioner Metli
seconded the motion. The roll having been called, the Chairman declared the motion
unanimously carried and so ordered.

STATEMENT: The County Attorney was present and reaffirms that attorney/client
privilege discussion was all that took place during this Executive Session.

ELBERT COUNTY ATTORNEY                                CHAIRMAN OF THE BOARD

__________________________________                    ______________________________
MARK SCHEFFEL                                         STEPHEN STUTZ

No further business coming before the Board, the meeting was adjourned at 3:15 p.m.,
with the next scheduled meeting to commence at approximately 9:00 a.m., March 17,
2004.

               BOARD OF COUNTY COMMISSIONERS
               ELBERT COUNTY, COLORADO

               ________________________________________
               STEPHEN STUTZ, CHAIRMAN

               ________________________________________
               JOHN METLI, VICE CHAIR

               ________________________________________
               DEBRA PAULSON, COMMISSIONER

ATTEST: AMY L. FORDYCE
       COUNTY CLERK




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BY:_________________________________________________
      DEPUTY, CLERK TO THE BOARD




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