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					                 ELBERT COUNTY COMMISSIONER MEETING
                             APRIL 7, 2004

The Board of Elbert County Commissioners met in a regular scheduled meeting on the 7th
day of April 2004, with the roll call of members as follows:

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

The Board of Commissioners convened at 9:15 a.m., and Chairman Stephen Stutz called
the meeting to order. The meeting began with a Prayer and the Pledge of Allegiance.

AGENDA:

Additions: Mag Chloride Bids. Commissioner Metli made a motion to approve the
Agenda for April 7, 2004, as amended. Commissioner Stutz seconded the motion. The
roll having been called, the Chairman declared the motion unanimously carried and so
ordered.

CORRESPONDENCE:

Transportation Meeting in Limon on April 19th at 9:00 a.m.

Letter from Rural Development regarding Bean Pole Funding Meeting at the Colorado
Municipal League on April 22nd at 10:00 a.m.

Letter from Mr. Groesbeck thanking the Commissioners for the meetings he has been
attending.

Information from Colorado Counties regarding Senate Bill 215.

Letter from Kip Parker with Parker Ag regarding biosolids.

Air Quality Control Public Notice and regular meeting notice for April 15th.

CCI Information on Oil & Gas pipelines.

Commissioner Metli reported on the Water Partnership meeting he attended.

Commissioner Metli testified on the vicious dog legislation.




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MINUTES APPROVED:

Commissioner Metli made a motion to approve Commissioner Meeting Minutes of
March 31, 2004, as written. Commissioner Stutz seconded the motion. The roll having
been called, the Chairman declared the motion unanimously carried and so ordered.

Recessed as Board of County Commissioners at 9:20 a.m.
Convened as Board of Social Services at 9:20 a.m.

BOARD OF SOCIAL SERVICES:

Social Services Director Susan Walton came before the Board to discuss the following
items:

Susan reported that the Family to Family Grant was awarded in the amount of $25,000
for 6 months. This money will be used for the 6 month period to see if the Family to
Family program should be implemented in Elbert County.

Susan updated the Board on the caseload growth; strategic planning, CBMS Update and
submitted payroll recaps and reviewed the monthly budget report.

Adjourned as Board of Social Services at 9:50 a.m.
Reconvened as Board of County Commissioners at 9:50 a.m.

VOUCHERS & WARRANTS:

Commissioner Metli made a motion to approve A/P Warrant #085529 through #085595,
all accounts, in the amount of $78,076.38 on 04/07/04. Commissioner Stutz seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

SIGNING OF MYLARS:

Planning Director Ken Wolf came before the Board to request approval for the Chairman
to sign the mylars for the Gold Creek Meadow Rezone and Minor Development.
Commissioner Metli made a motion to authorize the Chair to sign the requested mylar.
Commissioner Stutz seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.

OEM OFFICER:

OEM Officer LaRiea Thompson came before the Board to discuss the following items:

LaRiea submitted a proclamation and requested that the Board of Commissioners declare
April 25th through May 1st as Severe Weather Awareness Week. Commissioner Metli
made a motion to proclaim that April 25th through May 1st as Sever Weather Awareness



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Week. Commissioner Stutz seconded the motion. The roll having been called, the
Chairman declared the motion unanimously carried and so ordered.

LaRiea reported that the Storm Spotter Classes had good attendance.

DISPATCH COMMITTEE UPDATE:

OEM Officer LaRiea Thompson came before the Board and reported on the pros and
cons of a mill levy increase ballot question or a sales tax ballot question for a revenue
source to help staff the proposed new Emergency Communications Center. The cost is
approximately $850,000 for adequate staffing, operations, training and maintenance.
LaRiea stated that the Committee is more in support of a sales tax issue to help with this
project, so that people who do not live in Elbert County, but attend functions or pass
through the County and purchase items in the County, would also pay for this service.
The Board agreed to revisit this matter next week when all three County Commissioners
are present to make a decision.

ROAD & BRIDGE DEPARTMENT:

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

Tom requested approval to check with the State Division of Water Resources for a
determination of water rights on the Fondis Pit to possibly drill a well on this property.
Commissioner Metli made a motion to authorize the Chairman to sign the Determination
of the Fondis Pit. Commissioner Stutz seconded the motion. The roll having been called,
the Chairman declared the motion unanimously carried and so ordered.

Tom submitted the agreement with IREA for a location for power to the County owned
property off of County Road 166. This agreement will allow IREA to engineer for a
quote on the cost of installing electric service on this property. Commissioner Metli
made a motion to authorize the Chairman to sign the contract with IREA for the
engineering on the property on County Road 166 in the amount of $500.00.
Commissioner Stutz seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.

Tom reported that he did not spent the authorized/budgeted $40,000 for used equipment
at the auction. A truck was purchased for $15,000.00 and now with new tie down
regulations, need a trailer. Tom has found a 2004 demo trailer for $8,000.00.

COUNTY ADMINISTRATOR:

County Administrator Suzie Graeff came before the Board to discuss the following items:

Suzie discussed the color of paint for the hallway on the 1st floor of the Courthouse. The
Board agreed that the two tone of light and dark was okay. Commissioner Metli made a



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motion to sign the color authorization for paint on the walls of the 1st floor of the
Courthouse. Commissioner Stutz seconded the motion. The roll having been called, the
Chairman declared the motion unanimously carried and so ordered.

Suzie reported that a structural engineer will send a report of what will be required to
repair the landing of the east entrance of the Courthouse, which has structural problems,
to the engineer who is working on the historical restoration of the Courthouse.

Suzie reported that the County will need a water engineer for a referral for the land use
application that the County is proceeding with for the County Road 166 property. The
Board agreed for Suzie to find out what the cost will be and report back to the Board.

Suzie presented a letter from the Soil Conservation District requesting a letter of support
from the Commissioners for a grant they are applying for. Commissioner Metli made a
motion that the Chairman sign a letter of support for the Soil Conservation District’s
grant application. Commissioner Stutz seconded the motion. The roll having been
called, the Chairman declared the motion unanimously carried and so ordered.

Suzie reported that she received a letter from a company who wants to purchase building
permit information. The Board agreed to discuss this matter with the Building Official.

Suzie presented the request of the Sheriff’s Department for a color copier machine to
replace the existing Xerox machine they have since the current lease on this machine is
expiring. The color copier would be additional money than currently is in the budget.
The Board agreed to renew the lease of what they have already with no additional
copiers. If additional copiers and/or a color copier is necessary, then the Sheriff’s
Department will need to show where they have the extra money in their budget to pay for
the difference.

Suzie reported that she did a walk thru of the Kiowa Clinic building and presented a letter
for the Board’s approval to send to the Town of Kiowa for consideration for lease to the
County. Commissioner Metli made a motion to authorize the Department of Health to
approach the Town of Kiowa for lease of the Clinic Building for the Department of
Health and authorize the Chair to sign the letter. Commissioner Stutz seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

BUILDING DEPARTMENT:

Building Official Bill Tanner came before the Board to discuss the following items:

Bill discussed the letter requesting approval to purchase building permit information.
Bill stated that all of the information requested is not on computer and would like to have
the County Attorney review the letter to see if it is appropriate to sell the requested
information.




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Bill requested approval to replace the Permit Technician position in his department. The
current employee has resigned and this position is budgeted for. The Board agreed for
Bill to proceed with hiring for this position.

Recessed at 11:15 a.m.
Reconvened at 1:05 p.m.

SPIRITS OF THE WEST RETAIL LIQUOR STORE LICENSE APPLICATION:

Deputy, Clerk to the Board Geri Scheidt came before the Board to present the request of
Mary Stewart Prewitt for a approval of a retail liquor store license. The site for the
proposed retail liquor store is located at Lot 6, Frick’s Addition, 1st Amendment, aka
6741 Lavell Avenue in Elbert, Colorado; more specifically, in the Elbert Feed &
Hardware Store. The zoning of this lot is Light Industrial and under the Light Industrial
Zone, a package liquor store is a use by right.

This completed application was received on February 27,2 004 and the public hearing
was scheduled for April 7, 2004.

The applicant did circulate a petition for the proposed retail liquor store. The applicant
obtained 173 signatures of which 150 signatures were in support of; 21 signatures were
opposed to; and 2 signatures were opposed, but stated “if we are going to have a liquor
store, I trust Mary to run it with great responsibility and concern for the community.”
Two letters were received in support of and one letter was received opposed to the retail
liquor store.

The applicant has submitted a copy of the Warranty Deed showing ownership of the
property and was fingerprinted as required and the report from the Colorado Bureau of
Investigation showed that the applicant has a clear record.

The application is not within 500 feet of school property. Deputy, Clerk to the Board
Geri Scheidt and Planning Director Ken Wolf visited the proposed site and measured
from the entrance of the proposed liquor store to the parking lot of the Elbert Parks &
Rec and Elbert School property which is 855 feet. This measurement was taken using the
defined roadway of Lavell Street and North Elbert Road.

Clerk to the Board Comments: The Board of County Commissioners need to determine
if this liquor license application has met the needs and desires of the neighborhood, since
all of the required documents and associated fees have been submitted and deemed
completed.

Public Comment Speakers: Robert Caven Ronald-support; Jean Gay Thomason-support;
Suzanne Ross-support; Marlene Scott-support; Pam Richardson-support; Patrick
O’Shera-support; Tom Penewell-support; John Winter-support.




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Commissioner Metli made a motion to approve Spirits of the West Retail Liquor Store
located at 6741 Lavell Avenue in Elbert, Colorado. Commissioner Stutz seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

                         RESOLUTION 04-32
               APPROVAL OF SPIRITS OF THE WEST RETAIL
                           LIQUOR STORE

MAG CHLORIDE BIDS:

The Board of County Commissioners opened sealed bids for mag chloride. Bids received
are as follows:

              GMCO Corporation – mag chloride - $0.279 per gallon
                                 mag chloride/lignosite blend - $0.31 per gallon

              Envirotech Services Inc. – mag chloride/lignosite blend - $0.36 per gallon

The Board agreed to turn the bids over to the Road & Bridge Department for review and
recommendation.

ELIZABETH FIRE DISTRICT:

T.J. Steck with Elizabeth Fire District, came before the Board to clarify his letter
regarding the DeVandry Special Use Review. The Board stated that they did understand
the letter and no further clarification was needed.

T.J. STECK:

T.J. Steck came before the Board to request approval to harvest hay on the
Cimarron/County open space land as he did last year. Commissioner Metli made a
motion to authorize T.J. Steck to put up hay on the land as requested. Commissioner
Stutz seconded the motion. The roll having been called, the Chairman declared the
motion unanimously carried and so ordered.

MAG CHLORIDE BIDS:

Kiowa Road & Bridge Foreman Tom Penewell came before the Board to recommend that
the bid from GMCO Corporation for mag chloride be accepted. Commissioner Metli
made a motion to accept the bid from GMCO Corporation for mag chloride and chloride
mix at $0.279 per gallon-mag chloride and $0.31 per gallon for chloride mix.
Commissioner Stutz seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.




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No further business coming before the Board, the meeting was adjourned at 1:47 p.m.,
with the next scheduled meeting to commence at approximately 9:00 a.m., on April 14,
2004.

                     BOARD OF COUNTY COMMISSIONERS
                     ELBERT COUNTY, COLORADO

                     ________________________________________
                     STEPHEN STUTZ, CHAIRMAN

                     ________________________________________
                     JOHN METLI, VICE CHAIRMAN

                     ________________________________________
                     DEBRA PAULSON, COMMISSIONER
                     (REVIEWED BY)

ATTEST: AMY L. FORDYCE
       COUNTY CLERK

BY:_______________________________________________________
      DEPUTY, CLERK TO THE BOARD




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