Elbert County News 1211

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December 11, 2014 VOLU M E 1 1 9 | I S S UE 45 | 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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Elbert County moves ahead with water planning Request for proposals is first step, engineer says By Rick Gustafson

Special to Colorado Community Media

LEFT: John Leybourne, director of this year’s food drive, packs boxes. ABOVE: Cyndy Collaro donates bags of food and gets a hug from the American Legion’s John Guttenberg. Photos by Rick Gustafson

Veterans’ drive feeds families Christmas basket effort propelled by American Legion Post 82 By Rick Gustafson

Special to Colorado Community Media

POSTAL ADDRESS

Shoppers visiting the Elizabeth Walmart between late October and the first week of December are likely to have run into the crew of four veterans from the American Legion posted outside the store next to a folding table and a pile of flattened cardboard boxes. Bundled in heavy coats, their hands thrust deep into their pockets or holding hot cups of coffee to ward off the cold, John Leybourne, Calvin Pagel, John Guttenberg, and Bo Anders have spent many of their Friday and Saturday afternoons this fall collecting food and cash for the American Legion Post 82’s Annual Christmas Food Basket Drive. “This is the 89th year for the food drive,” says Calvin Pagel, Post 82’s vice commander and food drive volunteer. “Next year will be a big year.” “We started in 1925,” adds John Leyborne, Food Drive Director for 2014. Veterans continues on Page 9

ELBERT COUNTY NEWS

Alex Helzer, of Franktown, a recent transplant from Laguna Beach, Calif., donates two bags of food.

More than 20 consultants and interested members of the public filled the Board of County Commissioners meeting room at the Elbert County Courthouse in Kiowa on Dec. 3 to hear details regarding the county’s request for proposals from contractors interested in preparing a preliminary water and wastewater infrastructure master plan for the county. Kurt Schlegel, the District 2 County Commissioner, presided over the mandatory pre-submittal meeting and Sean O’Hearn, the county engineer, presented the parameters and limitations to the interested firms and opened the floor to questions. “It’s a first step to understand what water systems could look like in this unique county,” O’Hearn told representatives from the consulting firms. “It should be better thought out than what we have seen over the past 10 years, which is just, sort of, a one-off answer to a 700-lot subdivision or a commercial/residential development.” The county is hoping to work with a single firm to develop a preliminary master plan based on a consultant’s assessment of local water supplies, an assessment of the existing wastewater system, projected growth and demand, and residential and commercial development patterns. “What’s our goal? To come up with a master plan that is practical that the county commissioners, the county planning commission, and so on can use to make decisions,” O’Hearn said. “Being practical is very important. To put a master plan together that ends up being a good read and sits on a shelf is not the goal.” O’Hearn asserted that state agencies such as the Colorado Department of Local Affairs are more confident the county will spend money wisely and are therefore more likely to provide funding when it is approached by a county with a master Water continues on Page 9

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OFFICE: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129 PHONE: 303-566-4100

Commissioners, planners could clash over bylaws

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.

Document set for vote before going up ladder

POSTMASTER: Send address change to: 9137 S. Ridgeline Blvd., Suite 210 Highlands Ranch, CO 80129

The Elbert County Planning Commission has chosen, for a second time, to postpone a vote on the final version of its bylaws, which is now slated to occur at the group’s meeting on Dec. 16. The continuation from the meeting on Dec. 2 occurred as the planning commission made significant revisions to the original draft and wanted a “clean” copy before giving approval to the document it began working on in November. An area of contention was language in the document giving the Board of County Commissioners final approval of the planning commission’s bylaws. The discussion became heated between planning commission member Rick Brown and Wade Gateley, attorney to the BOCC and author of the original draft. “I don’t see that the BOCC has any role in the planning commission,” Brown said, referring to language stating that the BOCC would have final

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P L EA SE R ECYC L E T H I S C OPY

By Rick Gustafson

Special to Colorado Community Media

say in the wording of the bylaws. Brown, a retired attorney, asserted that the statutes are on the side of the planning commission, allowing it to create its own bylaws without the need for approval by the BOCC. Gateley strongly disagreed. Planning commission member Tony Baker agreed with Brown’s assessment, stating that just as the county commissioners are elected as the people’s representatives, the members of the planning commission are appointed as representatives of the BOCC and may act independently. The BOCC directive to create bylaws comes in response to recommendations made during the 2013 financial audit. Kim Higgins, a partner at of Eide Bailly, the accounting firm retained by the county to audit its annual financial statements, recommended that the county continue to standardize its business practices. According to Kurt Schlegel, county commissioner for District 2, bylaws were requested from multiple offices within county government in order to formalize and structure practices. “We are establishing these (bylaws) to clarify the authority and rules for conducting county business, so that each department understands what the rules are,” Schlegel said following a

BOCC study session on Nov. 26. The final document without the provision for BOCC approval will most likely be passed at the next planning commission meeting on Dec. 16. It will then be forwarded to the BOCC. No one on the planning commission was certain what would happen next if the document failed to meet the BOCC’s approval. There is no formal protocol in place for such an occurrence. Gateley said that he and the BOCC would need to evaluate the entire document before they could make a decision about how to respond. When asked how the board might respond, Larry Ross, commissioner for District 3, said, “Then we sit down like gentlemen, like we are supposed to, and work things out.” The Elbert County Planning Commission consists of nine members appointed by the Board of County Commissioners for three-year terms to hear and make recommendations on land-use cases including rezoning, special uses, vacations, special district service plans, and subdivision plats. Their recommendations are sent to the BOCC, which has the final authority. Three of the nine seats on the commission remain vacant while the BOCC decides if the number of seats will remain the same or be reduced.


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