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January 15, 2015 VOLU M E 1 1 9 | I S S UE 50 | 7 5 ¢
ElbertCountyNews.net E L B E R T C O U N T Y, C O L O R A D O
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Meeting prompts `sunshine’ question No agreement on whether law was obeyed by BOCC By Rick Gustafson
Special to Colorado Community Media
Charlie Carnahan stands recently in front of the family’s original homestead built in 1862. Photos by Rick Gustafson
Ranch lauded for ties to stock show Carnahan family has deep roots in Elbert County By Rick Gustafson
Special to Colorado Community Media
POSTAL ADDRESS
Since 1993, the Red Meat Club of Denver has honored individuals or families for their contributions of time, talent and leadership to the National Western Stock Show. This year the organization has selected Carnahan Ranches Inc. of Kiowa as the recipient of the Club’s 2015 Friend of the National Western. “It’s a real nice thing they are doing for us. It’s a real treat,” said Charlie Carnahan. “It’s (the National Western) a pretty important tradition for our family, since my great-grandfather helped found Red Meat continues on Page 13
ELBERT COUNTY NEWS (USPS 171-100)
OFFICE: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 PHONE: 303-566-4100 A legal newspaper of general circulation in Elizabeth, Colorado, the Elbert County News is published weekly on Thursday by Colorado Community Media. PERIODICALS POSTAGE PAID AT ELIZABETH, COLORADO and additional mailing offices. POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 DEADLINES: Display: Thurs. 11 a.m. Legal: Thurs. 11 a.m. | Classified: Mon. 10 a.m. G ET SOCIAL WITH US
P L EA SE R ECYC L E T H I S C OPY
There is a working barn on the Carnahan Ranch.
Old farm equipment surrounds the original homestead.
The latest battle over the future of the Elbert County Planning Commission drew nearly two dozen residents to a typically empty second-floor meeting room at the Elbert County Courthouse on Jan. 5 for the weekly Monday-morning study session of the Board of County Commissioners, but the discussion over the planning commission’s future may expand to include more than just zoning and bylaws. On July 31 last year, Elbert County submitted its audit financial statements to the state by the statutory deadline for the first time in years. While the auditors praised the county for significant improvements to its accounting practices and financial situation, they also identified weaknesses in the county’s departmental business practices, specifically citing a lack of standardization. In response to the auditor’s comments, the BOCC has made streamlining and formalizing the county’s business practices a priority. None of these efforts has drawn more attention than proposed changes to zoning laws and the creation of bylaws for the Elbert County Planning Commission. Kurt Schlegel, commissioner for District 2, said that since the planning commission makes recommendations, the changes are a necessary prelude to the creation of a countywide master plan to manage continued growth in concert with the county’s mission statement. The proposed changes to zoning laws center on two issues: the composition of the planning commission and the implementation of time limits for processing zoning requests. No one has questioned the BOCC’s legislative authority to change the zoning regulations, but questions have arisen over the BOCC’s legal authority or need to approve the final draft of the planning commission’s bylaws. The bylaws are required by state statute, but the language in the law makes no specific reference to the BOCC, and a lack of case law leaves the issue to be interpreted differently by each side. Additionally, the month-long conflict over bylaws has spawned a second, more far-reaching issue of whether the BOCC is in compliance with Colorado’s sunshine laws requiring notice of any kind of gathering convened to discuss public business. The issue was first raised by planning commission member Rick Brown, an appointee of Larry Ross, commissioner for District 3, in a letter addressed to the BOCC dated Dec. 20. Brown called into question the legitimacy of a letter addressed to the planning commission and signed by all three commissioners during a study session on Dec. 17, because no public notice had been posted for the meeting. Brown also challenged the legitimacy of the discussions taking place at the Monday-morning meeting on Jan. 5 for the same reason. Ross did not attend the Jan. 5 meeting, stating in an open letter, “I am deeply concerned that this particular study session was not properly noticed to the public, and therefore my attendance and participation today would involve me in an inappropriate quorum of your county commissioners.” BOCC continues on Page 13