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									                 ELBERT COUNTY COMMISSIONER MEETING
                            MARCH 31, 2004

The Board of Elbert County Commissioners met in a regular scheduled meeting on the
31st 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 9:00 a.m., and Chairman Stephen Stutz called
the meeting to order. The meeting began with a Prayer and the Pledge of Allegiance.

AGENDA:

Deletions: Board of Social Services. Commissioner Paulson made a motion to approve
the Agenda for March 31, 2004, with the deletion. Commissioner Metli seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.

CORRESPONDENCE:

Natural Energy Resource Meeting regarding the Gunnison River Valley Water on May
10th.

Received the Library District Financial Statement.

Governors Statewide Water Study Initiative Meeting is on May 5th.

Update on Bolejack Gravel Pit.

Rocky Mountain Regional Trauma Center Newsletter.

Received a letter from Michael Beasley, Executive Director of DOLA, advising Kristy
Graham of the Colorado East Community Action Agency that they received a $74,964.00
grant for fiscal year 2004-2005.

DOLA and Smart Growth Meeting on May 3rd at 10:30 a.m.

MINUTES APPROVED:

Commissioner Metli made a motion to approve Commissioner Meeting Minutes of
March 24, 2003, as written. Commissioner Paulson seconded the motion. The roll
having been called, the Chairman declared the motion unanimously carried and so
ordered.




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VOUCHERS & WARRANTS:

Commissioner Paulson made a motion to approve A/P Warrant #085412 through
#085488, all accounts, all funds, in the amount of $134,926.28 on 03/31/04.
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 to approve A/P Generated by Payroll Warrant
#085489 through #085528, all accounts, all funds, in the amount of $141,154.87 on
03/31/04. 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 to approve Payroll Warrant #15430 through
#15526, all accounts, all funds, in the amount of $445,498.91 on 03/31/04.
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 to void Warrant #085209 in the amount of
$354.00 due to wrong vendor. 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 to void Warrant #084686 in the amount of $50.00
due to class cancellation. 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 Chair sign the deletion of a credit card
with CSECU for Mary Terlep. Commissioner Metli seconded the motion. The roll
having been called, the Chairman declared the motion unanimously carried and so
ordered.

FAIRGROUNDS:

Fairgrounds Manager Carol Vonfeldt came before the Board to request approval to hire
an employee for the summer part-time maintenance position at the Fairgrounds. The
position would be for 12 weeks (June 1st through August 20th). This position is in the
2004 budget. The Board agreed for Carol to proceed with the hiring process for this
position.

CELTIC FESTIVAL LIQUOR LICENSE:

Kay Campbell, representative of the Kiowa Celtic Festival, came before the Board to
request permission to sell alcohol on the Fairgrounds property for the Kiowa Celtic
Festival on June 12th and 13th. Commissioner Paulson made a motion to approve a letter
for the Kiowa Celtic Festival to sell alcohol on June 12th and 13th and to proceed with the
Town of Kiowa for a special events liquor license. Commissioner Metli seconded the



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

MARANATHA BAPTIST CHURCH – SPECIAL USE REVIEW:

Planning Director Ken Wolf came before the Board of Commissioners and explained the
current special use review and that any changes that might be made to the special use
permit for the Maranatha Baptist Church, need to go through a land use application
process. Pastor Don Coombs stated that the church has a modular building that was a
bank building that they would like to place on the property, possibly move the old
structure or tear the old structure down. The original special use for Maranatha Baptist
Church was approved by Resolution 03-49. Pastor Coombs felt that the church should
file for an amendment to the special use review. Discussion also took place regarding
storage of the modular building until the amended special use review and other
procedures have been completed. The Board agreed that they will make a discussion on
the storage of the modular building if/when this situation occurs. Pastor Coombs also
requested a waiver of fees for the amendment to the special use land use application.
Commissioner Metli made a motion to waive the fees on the amended special use review
application. Commissioner Paulson seconded the motion. The roll having been called,
the Chairman declared the motion unanimously carried and so ordered.

LIBRARY DISTRICT ANNUAL REPORT:

Marjorie Harrison, Director the Elbert County Library District, came before the Board to
submit the Annual Report for the Library District. The report included a financial
statement, budget and highlights for the year along with statistics. Marjorie reported that
the Library District did purchase the Carlson building in Elizabeth and the plan is to
connect the Carlson building to the Elizabeth Library building for additional space. The
Simla Library has experienced an 86% increase in participation and the other libraries
have experienced a 22% increase in participation.

Marjorie stated that the Library District has been awarded an historic structural grant for
the Kiowa Library building and on April 20th will have a meeting to see how the Library
can be expanded.

ASSESSOR’S OFFICE:

Assessor Laura Forbes came before the Board to report that she has started the hiring
process to fill one of the two vacancies she currently has in her office. The Board agreed
for Laura to proceed with filling this vacancy.

ROBERT BATES – EXPIRED BUILDING PERMIT:

Code Enforcement Officer Floyd Crossman and Building Official Bill Tanner came
before the Board to discuss an expired building permit for Robert H. Bates. Mr. Tanner
performed a move and set inspection on this mobile home in 2000. The mobile home was



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moved onto the property last year and a building permit was issued for this structure for
Mr. Bates property at 45155 Cottonwood Lane, aka, Tract 31, Cottonwood Estates. The
permit has now expired and no work has been done. The Board directed that a letter be
sent to Mr. Bates requesting removal of the mobile home from the property and to have
the County Attorney review the letter and work with the Building Department and the
Code Enforcement Department for removal of the mobile home.

GENE CABRAL PROPERTY:

Commissioner Stutz reported that on March 23, 2004, he met with Gene Cabral regarding
his new building project and the shooting range. Pursuant to Resolution 83-50, the Board
of Commissioners issued a Special Use Permit to the Elizabeth Police Department for the
pistol range. In 1997, by Resolution 97-54, the Board of Commissioners suspended all
use of the range until the Elizabeth Police Chief could demonstrate safety of the range
and the Board of Commissioner also deemed the range to be safe. On October 22, 1997,
the Board of Commissioners deemed the range to be safe and directed then County
Attorney Steve Brown to draw up a lease for the County to lease and operate the range
and on December 10, 1997, this lease was executed.

Further discussion took place regarding that Mr. Cabral needs a second special use permit
to have various functions in his 160’x300’ barn he has constructed. Mr. Cabral’s
intentions for this barn are for private use only. Planning Director Ken Wolf stated that
Mr. Cabral can use the barn for his private use without a special use permit, however, the
number of people using the facility is what requires the special use permit.

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 in 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.




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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

Recessed at 12:08 p.m.
Reconvened at 1:22 p.m.

LAND USE PUBLIC HEARING CONTINUATIONS:

Planning Director Ken Wolf came before the Board to request continuations for the
public hearings for Bayou Hills Rezone & Minor Development to June 2, 2004, at 1:00
p.m., or as soon as possible thereafter and the Red Fox Ranch Rezone and Minor
Development to June 23, 2004, at 1:00 p.m., or as soon as possible thereafter. Both of
these land use applications requested additional time to resolve access issues.
Commissioner Paulson made a motion to approve the continuations as requested.
Commissioner Metli seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.

EVERITT REZONE & MINOR DEVELOPMENT:

Planner II James McClanahan came before the Board to present the request of Jeanette
Everitt Trust to rezone and subdivide 40 plus acres from A(xx) to AR to create four
residential lots 10.01 and 10.02 acres in size, located in a portion of Section 15,
Township 6 South, Range 65 West in Elbert County. The site adjacent to and south of
County Road 186 and ¼ mile east of County Road 1.

This proposal is located in the Rural Residential High Density Land Use Area.
According to the Elbert County Master Plan, allowable densities in this area range from 1
unit per 3 acres to 1 unit per 10 acres. The Amanda Pines Estates Filing No. 1 is adjacent
north of the project site. This subdivision is zoned RA-1 and is made up of lots ranging
in size from 5 to 8 + acres in size. Smoky Hill Ranches, also zoned RA-1, is made up of
lots ranging in size from 5 to 6+ acres in size and is adjacent to the eastern boundary of
the site. The property west of the site is zoned A-1 and there is an A zoned parcel
adjacent to the south, giving an adjacency of just over 49%, which exceeds the 16.67%
required by the Master Plan.

On March 11, 2004, the Planning Commission held a public hearing on this application
and on a vote of 7 to 0, forwarded an approval recommendation, with stipulated
conditions of approval, to the Board of County Commissioners for their consideration.
Approve RZ-03-09-23, Everitt A to AR Rezone, subject to the following conditions of
approval:




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   1. The applicant 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 applicant will submit to the Planning Department a weed map for the project,
      as referenced in the Weed Management Plan.

   3. The applicant will mitigate impacts to County roads through the payment of
      impact fees in the amount of $2,521.00 per lot (4 lots) to mitigate traffic impacts
      in Traffic Analysis Zone 1.

   4. The applicant will meet with the Planning Department, prior to recordation, so as
      to identify required changes to the Plan Exhibit.

   5. The applicant will meet with the Rattlesnake Fire Protection District and provide
      the Planning Department with a signed letter from the same, verifying
      compliance with Resolution 99-35.

   6. All areas disturbed by development will be re-seeded.

   7. The Planning Department is to be provided with documentation from the State
      Engineer’s Office giving final approval of a site specific Water Supply Plan for
      the development, based on a factor of .4 acre feet for in-house use. This
      documentation is to be in the Planning Department prior to the recordation of any
      documentation for the proposal.

   8. The applicant will implement the recommendations of the Division of Wildlife,
      relative to wildlife friendly fencing, control of domestic pets and containment of
      garbage.

   9. 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.

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

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

   12. Adopt the Findings enumerated herein.

Approve MD-03-09-09, Everitt Minor Development, with the following conditions of
approval:




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   1.   The applicant will meet with the Douglas County School District RE-1 and
        provide the Planning Department with a signed letter from the same, verifying
        compliance with Resolution 99-14.

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

   3.   The following note will be added to the Final Plat:

              This development lies within the influence area of aviation activity
              from the Everitt Airfield and as such will be subject to overflight
              conditions.

   4.   The applicant 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.

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

   6.   The applicant will record the Everitt Minor Development Plat and covenants,
        essentially as presented, within sixty (60) days of Board of County
        Commissioners approval.

   7.   No building permits will be issued until all conditions of approval have been
        met, fees paid, documents recorded, and the water plan has received approval
        from the State Engineer, based on a factor of .4 acre feet for in-house use.

   8.   Adopt the findings enumerated herein.

Public Comment Speakers: Applicant’s Representative Jim Kenton.

Commissioner Metli made a motion to approve RZ-03-09-23, with the 12 conditions of
approval. 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-03-09-09, with the 8 conditions of
approval as written. Commissioner Paulson seconded the motion. The roll having been
called, the Chairman declared the motion unanimously carried and so ordered.

                         RESOLUTION 04-30
        APPROVAL OF EVERITT REZONE & MINOR DEVELOPMENT
                     (RZ-03-09-23 & MD-03-09-09)




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DIGBY A-1 REZONE WITHDRAWAL:

Planning Director Ken Wolf came before the Board to report that the applicants for the
Digby A-1 Rezone have withdrawn their land use application.

DEVANDRY SPECIAL USE REVIEW – LIGHT AIRCRAFT RECREATIONAL
USE:

Planner I Glynda Barkman came before the Board to present the request of Brian
DeVandry for a special use review for an aircraft related recreational facility on a 52 acre
parcel, located in Section 4, Township 9 South, Range 64 West in Elbert County. The
applicant is requesting to have a private/personal light aircraft related recreational facility
on his property located at 29198 County Road 17, Elizabeth, Colorado. The existing
zoning is A-1 and there is no proposed change in the zoning.

On March 11, 2004, the Planning Commission held a public hearing on this application.
At this public hearing, the public expressed concerns of noise, fire danger, compatibility
of the area, safety and welfare of the residents. The applicant provided airspace, flight
pattern information and aircraft safety and noise information. On a vote of 7 to 0, the
Planning Commission forwarded a denial recommendation of the DeVandry Special Use.

The Planning Department forwarded an approval recommendation of the DeVandry
Special Use for the following reasons:

           a. The FAA analysis that the applicant’s use of airspace is safe.
           b. The Elizabeth Fire Department did not express concern with safety for this
              proposal.
           c. Fuel can be stored safely.
           d. Conditions of approval are tailored to light recreational aircraft for private
              use.
           e. IREA did not express a concern with safety concerning utility wires.
           f. This is not a request for an airport under Elbert County Zoning
              Regulations, Part II, Section 3, C.2, but an aircraft related recreational
              facility, Elbert County Zoning Regulations Part II Section 3, C.1.
           g. The FAA, Planning Department and the applicant would agree to a flight
              safety standard evaluation as a condition of approval, if the Elbert County
              Board of Commissioners would consider it necessary.
           h. The Planning Department is recommending removal of one condition
              which would have coordinated recording the special use title with the
              FAA application title.

The Planning Department requests that the Board of County Commissioners consider the
approval of SUR-03-06-11, DeVandry Special Use Light Aircraft Recreational Use, with
the following conditions of approval:




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1.   The applicant will record the Site Plan Exhibit within ninety (90) days of Board
     of County Commissioners approval.

2.   The requested Special Use will not become effective until the site plan exhibit
     and all associated documents have been recorded.

3.   The applicant will comply with the requests of the Elizabeth Fire District
     concerning proper address markers to identify access to the property and the
     proper handling and storage of aircraft fuels.

4.   Only the applicant’s aircraft will be housed at the facility.

5.   Light Recreational Aircraft will be defined as aircraft up to, but not to exceed
     MTGO (maximum takeoff weight) of 2,800 lbs.

6.   The word “Airport” as used will be defined as “airstrip” in the Elbert County
     Zoning Regulations, Part II, Section 25 “A facility for landing or taking off of
     aircraft for the private use of the landowner and which is not open to the public.

7.   If the applicant intends to use aircraft classified as “small general aviation
     aircraft” 2800 lbs or greater, then the applicant will amend the special use and
     comply with FAA requirements and the Elbert County Zoning Regulations.

8.   This facility will be for personal and private use and not for training purposes
     and not for public use.

9.   Prior to recordation, the applicant will provide copies of Operational Agreements
     with D Bar D Airport and Dietrichs Airport to the Planning Department.

10. A copy of Federal Aviation Form 5010-5 (FAA 5010-5) will be placed in the
    Planning Department file.

11. The applicant has 12 months after approval by the Board of County
    Commissioners to comply with Federal Aviation Regulations as set out in
    Airspace Case No. 2004-ANM-32-NRA.

12. If the special use/Flyin “B” Ranch Airport is not operational within 12 months of
    approval by the Board of County Commissioners, then the special use will expire
    unless the applicant requests a time extension from the FAA. A copy of the
    extension to be placed in the Planning Department file.

13. If there are any changes to the Airspace Case No. 2004-ANM-32-NRA, then the
    FAA is to be notified, along with the Elbert County Planning Department.

14. If the FAA determines that the facility is inactive for 12 months, then the special
    use will expire.



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   15. The Special Use Review will be reviewed when the Planning Department has
       received fifteen (15) written, signed and documented complaints in a twelve
       month period.

   16. The applicant will remove the public notice sign and file a letter in the Planning
       Department prior to recordation of all documents or seven days after Board of
       County Commissioners approval.

   17. Adopt the findings enumerated herein.

Public Comment Speakers: Applicant Brian DeVandry, Dr. Robert Mezger-opposed;
James Midkiff-opposed; Jim Harris-opposed; Randy Boone-opposed; Janet Adam-
opposed; Cleo Carroll Mezger-opposed; Tom Maroney-support; Don Draper-neutral.

Commissioner Metli made a motion to approve SUR-03-06-11, DeVandry Special Use
Light Aircraft Recreational Use, with the 17 conditions of approval as written.
Commissioner Paulson seconded the motion. The roll having been called, the Chairman
declared the motion unanimously carried and so ordered.

                          RESOLUTION 04-31
               APPROVAL OF DEVANDRY SPECIAL USE LIGHT
               AIRCRAFT RECREATIONAL USE (SUR-03-06-11)

ELIZABETH STAMPEDE SPECIAL EVENTS LIQUOR LICENSE PUBLIC
HEARING:

Deputy, Clerk to the Board Geri Scheidt came before the Board to present the request of
the Elizabeth Stampede Rodeo for a special events liquor license to serve malt, vinous
and spirituous liquor on June 4, 2004 from 5:00 p.m., to 1:00 a.m.; June 5, 2004, from 12
noon to 1:00 a.m., and June 6, 2004, from 12 noon to 5:00 p.m. This event will be held at
the Casey Jones Park at 4189 Highway 86, Elizabeth, Colorado. The applicants have
submitted a letter from the Elizabeth Parks & Recreation approving sale of liquor on the
premises, a Certificate of Good Standing from the Secretary of State Office and a
diagram showing where the liquor will be sold and consumed. The applicants have
posted the facility of this public hearing in excess of the 10 day requirement and a legal
notice was published in the Ranchland News of this public hearing. No written or verbal
objections were received regarding this liquor license application.

Public Comment Speakers: None.

Commissioner Metli made a motion to approve the Special Events Liquor License for the
Elizabeth Stampede Rodeo on the requested dates. Commissioner Paulson seconded the
motion. The roll having been called, the Chairman declared the motion unanimously
carried and so ordered.




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COUNTY ATTORNEY:

County Attorney Mark Scheffel came before the Board and discussed the request of the
Sheriff’s Department to attend the next 911/Dispatch Meeting. The Board discussed the
request and decided that Mark should not attend these meetings at this time.

PAYROLL CHANGE NOTICES:

The Board of Commissioners reviewed payroll change notices for the Sheriff’s Office
and the Clerk & Recorder’s Office. The Board also reviewed the overtime/comp time
request for payment to Mary Terlep. The Board denied the request since exempt
employees do not receive overtime/comp time.

The Board discussed looking at finding a temporary replacement for the Director of
Nursing position.

The Board discussed the outstanding $3,500.00 bill for the previous Social Services
Attorney. The Board agreed to pay the bill.

COUNTY ADMINISTRATOR:

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

Suzie reported that Steve Schantz is unable to fill the duties of the Prairie Development
Council appointment. The Board agreed to find a replacement for Mr. Schantz and will
discuss at next week’s meeting.

Suzie reported that she has retrieved the letter that was sent to the Town of Kiowa. The
Board agreed to reissue a letter expressing an interest of the medical facilities in the
Town of Kiowa for the Public Health Department.

No further business coming before the Board, the meeting was adjourned at 3:47 p.m.,
with the next scheduled meeting to commence at approximately 9:00 a.m., April 7, 2004.

              BOARD OF COUNTY COMMISSIONERS
              ELBERT COUNTY, COLORADO

              _________________________________________
              STEPHEN STUTZ, CHAIRMAN

              _________________________________________
              JOHN METLI, VICE CHAIR

              _________________________________________
              DEBRA PAULSON, COMMISSIONER




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ATTEST: AMY L. FORDYCE
       COUNTY CLERK

BY:__________________________________________________
      DEPUTY, CLERK TO THE BOARD




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