Cirque Meadows by Adam Johnson






The Board of County Commissioners met at 1:30 p.m. in regular session with County Attorney George Hass. Chair Clarke presided and Commissioner Disney was present. Also present was Frank Lancaster, County Manager.

Mr. Hass requested authorization from the Board for prepayment of the single family residential mortgage revenue bonds issued by Larimer County in 1985; he asked the Board to approve a purchase agreement between Larimer County and Newman Mortgage Acceptance Corporation, the entity purchasing the bonds, and a directive to be signed by the Chair to the Wells Fargo Bank of Colorado, trustee.


Commissioner Disney moved that the Board of County Commissioners approve the purchase agreement between Larimer County Colorado and Newman Mortgage Acceptance Corporation for the sale of the mortgages that are issued under the 1985 Series A Bonds, approve the directive to Wells Fargo Bank of Colorado, NA to sell the mortgages to Newman Mortgage Acceptance Corporation, and authorize the Chair to sign both documents.

Motion carried 2 - 0.




The meeting recessed at 1:35 p.m.


(#95 @ 200)

The Board of County Commissioners reconvened at 1:35 p.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Kathy Snell, Health and Human Services Director; Dr. Keith Olson, Director Mental Health; Laurie Klith, Public Information Officer for Sheriff's Department; Bill Baird, Child and Family Services Acting Administrator; and Bob Keister, Budget Manager. Recording Clerk, S. Graves.

Ms. Snell stated that the purpose of today's meeting is to ascertain the priority ranking the Board places on the Communities in Schools (CIS) program; she noted that this program has been piloted for one year and as they prepare their budget for next year they need to know if the program is going to be continued. Ms. Snell stated that as this new school year commenced, they have had a little controversy with expectations being different and all of it revolves around funding; she noted both Social Services ($93,000) and Mental Health ($66,000) have spent considerable amounts of money on this project and cannot continue to do so. Much discussion followed.

Ms. Klith updated the Board on the success of CIS last year and the funding they have secured and are looking to secure this year; she noted that they have applied for a Youth Crime Prevention Institute grant, which is for $96,000 and, if approved would be shared equally between the Family Center, CIS, and Mental Health. Ms. Klith stated they are also applying for other monies and the CIS Board has several speaking engagements this month with the local private sector; she continued that Don Unger, Superintendent of Poudre School District, had a meeting with his Board and they have allocated $10,000 to $20,000 for CIS for this year. Ms. Snell asked the Board that if the CIS is a priority program for them, could they possibly fund part or all of the approximately $200,000 needed to continue the program.

Further discussion ensued regarding conflicts at the line level relating to the roles of the Social Services and Mental Health workers, repositioning, expectations of the schools, the primary mandate for child protection, education of school officials, referrals, identification, the program bankrupting the departments, etc.; Mr. Baird noted that you can't send novice workers out to CIS, you need senior workers that can educate, know the law, etc. and this costs money.

Commissioner Duvall stated that the CIS program was never meant to be a county-supported program; however, the Board indicated they support continuance of the program, independent of money. Commissioner Disney stated that he believes an ounce of prevention is worth a pound of cure and he asked what kind of tracking indicators are being used to determine whether or not this program is a success or failure in terms of prevention. Ms. Klith responded that the national CIS office is helping them and they do have measurements in place this year and will be able to capture attendance behavior, how many families have gone through the system, how many referrals have been made, and the outcomes; she continued that they have a running file on each child referred to them and there is a lot more information being gathered this year than last year.

Commissioner Clarke calculated that a total of $182,600 is needed to continue the CIS program and if they receive the $34,000 from the grant, hold Poudre School District and Thompson R2J each responsible for $20,000, and get $25,000 from the private sector, they still will need about $85,000 or more from the county; he continued that he is committed to CIS, but he is more committed to the employee pay increases and because of that commitment to increase salaries, some other projects and programs may have to suffer, but he would like to try and keep CIS solvent because he believes in it. Commissioner Disney stated that his understanding in the beginning was that this project was going to get a lot of private sector funding and eventually it would move over almost totally into the private sector. Chair Clarke suggested a challenge to the schools and private sector. Commissioner Duvall stated that her understanding was that the Board's purpose last year was to provide seed money and then the community and the schools would take over in equal partnership; she concurred with the suggestion that the Board offer a challenge that the schools and community each match the county's contribution of $60,000. Mr. Keister reported that prior to the Board's decision to increase salaries, all the budgets were balanced except for Social Services and Mental Health and the deficit projected for these two departments was approximately $3/4 million; he continued that both departments have fund balances, and in order for them to continue operating, they have to draw upon their fund balances. Mr. Keister stated that in order for the county to move toward more competitive wages, they are asking all departments for a 3% reduction in expenditures or increase in revenues; therefore, as far as dollars being available to add another program, they aren't there and departments would have to cut deeper in order to finance this program. Commissioner Disney stated that in the 96' budget, they had $250,000 set aside for the juvenile holding facility, which is not going to happen soon, and he wondered if those dollars could be used for this program. Mr. Keister responded that this money was designated for facilities and so it cannot be used for operating; Mr. Lancaster offered that the 97' contribution to facilities could be cut and put into operating. Commissioner Duvall stated she liked Commissioner Disney's suggestion of using the facilities money for this program because it could be used for prevention work with kids and families and not sit there for bricks and mortar; also she liked Chair Clarke's idea of challenging the community for help. To summarize, Chair Clarke suggested that the Board appropriate $65,000 by reducing the contribution for capital expenditures, challenge Poudre School District, Thompson R2J, and the private sector, and with the addition of the grant money, there will be enough to continue the CIS program. Commissioner Disney cautioned that he doesn't see any relief from the TABOR Amendment very soon, and he doesn't want to build false expectations based on future funding capabilities of the county, so the message needs to go with this appropriation that the county can't continue funding CIS at this level and it is going to have to shift away from government. Commissioner Duvall reiterated that the whole idea of CIS is that it was to be community supported, not government supported. Chair Clarke stated that last year the private sector provided $25,000 and under this scenario, they need to provide $45,000 and if the grant dollars are not received, then they will have a new problem. Commissioner Duvall requested that Ms. Snell and Mr. Keister put this whole package in writing because last year it became very confusing where the money was coming from, who is reimbursed, who is participating, etc., put together the challenge to the community and to the schools and outline what we need from them, and once the money is received, determine how much is going to go to Mental Health, Social Services, and Ms. Klith's position. Commissioner Duvall stated she also wants to discuss mission statements as teen suicide and other prevention problems need to be addressed.

The meeting recessed at 2:55 p.m.



The Board of County Commissioners reconvened at 3:00 p.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Larry Timm, Director of Planning; Jerry Blehm, Environmental Health Director; Ed Schemm, Assistant Director Field Environmental Health Services; John Pedas and David Korth, Code Enforcement Officers; Undersheriff John Kammerzell; and Ellen Hodges, State Forest Service. Recording Clerk, S. Graves.

Chair Clarke stated that the purpose of today's meeting is to discuss the health and safety, traffic, building, liquor license, etc. issues concerning the operation of the Mishawaka Inn.

Health and Safety Issues: Mr. Blehm stated that their three basic concerns are water supply, sewage disposal, and food; he noted that all the water samples have come back safe and they have extended some of the time limits because the owner has had some problems securing the storage equipment that they asked him to put in. Mr. Blehm stated that the food sanitarians are scheduled to go back tomorrow to look at the look at the water supply, sewage disposal systems, and some of the food issues. Mr. Schemm stated that the waste disposal system is working and operating fine this summer and tests done so far have been acceptable since the first bad sample they had in June; he continued that several of the violations are operational things that can be taken care of immediately and there were several structural things he had to do as well with regard to the outdoor bar.

Safety Issues - Traffic: With regard to parking and people walking on Highway 14 and the difficulty of illegal parking along the road; Mr. Lancaster stated that the owner has done a lot of work trying to control the parking problem. Undersheriff Kamerzell stated that during the larger concerts there are problems because the parking is limited and he noted that the Red Feather Deputies handle that stretch of highway by sending an officer for enforcement action. Chair Clarke stated he understood that not too long ago the Sheriff's Department discontinued moonlighting on the part of the deputies and he asked if that is because of the shortage of people; Undersheriff Kamerzell responded in the affirmative. Commissioner Disney asked if it would be helpful if establishments were required to hire extra security people when they have events that exceed certain numbers, such as off-duty law enforcement officers; Undersheriff Kamerzell will pursue this suggestion and discuss it with other law enforcement agencies.

Zoning - Non Conforming Use: Mr. Pedas stated that he is involved in this situation because of the non-conforming use which has existed for many years and most recently they have been concerned with the amount of excavation and removal of part of the mountain side on the south side of the highway; he noted that this is a "catch 22" situation because the area that has been excavated and leveled is going to provide a much better place to park and be further from the road, but it also expands the non-conforming use. Mr. Pedas stated that he has heard from reliable sources that these newly excavated areas have become an overflow area for people who stay overnight - they pitch a tent or sleep in their cars. Chair Clarke stated he is concerned about the cliff that has been created and that it may fall down.

Building Issues: Mr. Miller stated that he did an occupant load survey of the facility and discovered several safety issues, such as the doors swing in the wrong direction, the rise of the stairs does not meet code, handrail and guardrail issues, occupant load signs not posted in the area, lack of emergency lighting, etc.; he noted to discussed these issues with the owner and he was very receptive to correcting them. Mr. Miller noted that on July 30, 1996 a meeting was held with the various departments in the county concerned with issues relating to Mishawaka Inn and they shared their concerns and decided they could investigate these issues in an unified fashion and devise a strategy to everyones benefit.

Chair Clarke noted that in a letter to the County, the Poudre Fire District has stated that this is a disaster waiting to happen and they urged the Board to insist that the building, health, and safety laws and regulations be enforced. Therefore, Chair Clarke suggested that a team of personnel from the Colorado State Patrol, Sheriff, Forest Service, Fire District, and Health and Building departments make a site visit because they have a responsibility to make sure these buildings are safe; everyone concurred this was a good idea.

Ms. Hodges stated that adjacent landowners have expressed concerns and the Forest Service is real concerned about how the Wild and Scenic River Corridor is managed, both for private and legitimate public use and the Forest Service wants to cooperate in anyway they can; she noted that they are experiencing some resource concerns tied around the recreation aspect as they have a lot of impacts when there is an event at Mishawaka with regard to illegal camping and problems at the trailhead and they share the public safety concerns and have observed many of the issues previously discussed. Ms. Hodges also stated that their hydrology and fishery folks are very much aware of the impacts to the river as the water quality is being impacted because of the lack of sanitary facilities for the folks camping in non-developed areas; she noted that the Forest Service contacted the owner of Mishawaka Inn last month and asked him about the possibility of a land exchange in the canyon and he seemed very open to the suggestion.

Liquor License: Mr. Lancaster stated that the liquor license for Mishawaka Inn is up for renewal in January and some concerns have been raised and will be discussed at that time.

Other Issues: Chair Clarke noted that correspondence has been received from neighbors, and some neighbors are present today, but inasmuch as this is a worksession and not a public hearing, there will not be an opportunity to participate; however, he acknowledged the correspondence received and encouraged them to add more to the file if they wish to do so.

Chair Clarke summarized today's worksession by itemizing the action to be taken: 1) The Board will be reviewing the reports on the health department issues; 2) Staff was requested to meet with the owner of Mishawaka Inn to find out what is going with on with regard to the excavating; 3) A team approach will be taken with regard to inspections; 4) The Sheriff's Department will look into the possibility of getting an ordinance on the books in the County which would require off-duty law enforcement certified officers to be in attendance when big events are held and discuss this with the County Attorney to make sure such an ordinance is constitutional; 5) Determine if camping is related to a zoning violation; 6) Pursue the possibility of a land exchange. The Board will expect reports back on these issues by mid-November and will have further discussion on these issues at that time.

The meeting adjourned at 4:15 p.m.



(#96 & #98)

The Board of County Commissioners met at 2:00 p.m. in regular session with Frank Lancaster, County Manager. Chair Clarke presided; Commissioners Disney and Duvall were present. Also present were: Kathy Snell, Health and Human Services Director; Gary Small, 4-H Extension Agent; District Attorney Stu VanMeveren; Planning Director Larry Timm; Mental Health Director Keith Olson; Mental Health Assistant Director Vicki Grassman; Open Lands Manager K-Lynn Cameron; Director of Parks John MacFarlane; and Community Information Manager Donna Hart. Recording Clerk, S. Graves.

1. PROCLAMATION - BREAST CANCER AWARENESS MONTH - OCTOBER 1996: Chair Clarke read aloud the Proclamation for Breast Cancer Awareness Month. Two county employees Lynn Thor (5-year-survivor) and Lisa Lundgren (2-year survivor) each made several comments regarding their personal experience with breast cancer and expressed honor to Elaine Spencer for her profound dignity and strength. The Board thanked Ms. Thor and Ms. Lundgren for sharing their personal experiences.


Commissioner Disney moved that the Board of County Commissioners proclaim the month of October 1996 as Breast Cancer Awareness Month in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

2. PROCLAMATION - TURN OFF THE VIOLENCE - OCTOBER 10, 1996: Chair Clarke read aloud the Proclamation for Turn off the Violence Day - October 10, 1996. Mr. VanMeveren thanked the Board for issuing the Proclamation and noted this is the 5th year they have done this and he noted that with reference to the previous Proclamation that violence is another type of cancer.


Commissioner Disney moved that the Board of County Commissioners proclaim October 10, 1996 as Turn off the Violence Day in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

3. PROCLAMATION - NATIONAL 4-H WEEK - OCTOBER 6 - 12, 1996: Chair Clarke read aloud the Proclamation for October 6 - 12, 1996 as National 4-H Week. On behalf of the 1700 4-H members and 800 leaders in Larimer County, Mr. Small thanked the Board for providing support for the 4-H program.


Commissioner Duvall moved that the Board of County Commissioners proclaim the week of October 6 - 12, 1996 as National 4-H Week in Larimer County, and authorize the Chair to sign the Proclamation.

Motion carried 3 - 0.

4. PROCESS FOR REVIEW AND ADOPTION OF RURAL LAND USE CODE: Mr. Timm stated that in response to numerous inquiries and calls regarding the process for review and adoption of the Rural Land Use Code, he prepared a flow chart outlining the flow of information and the process to be followed in the review and adoption of the code. Mr. Timm briefly reviewed the flow chart and noted that the staff report and their recommendation will be reviewed by the Planning Commission on October 16, 1996 and that their recommendation will be forwarded to the Commissioners for public hearing in late November or early December 1996. Discussion and questions from the Board followed; Commissioner Disney asked if Mr. Timm could prepare a matrix of all the written comments being received from all the groups and reviewing agencies about the rural land use code. Commissioner Duvall requested that either Bill Silverstein or Marty Zeller review the codification language in the code, especially the section on conservation of land and easements.

5. CLUB HOUSE CONTRACT: Dr. Olson requested the Board to approve, accept, and sign a contract with the Division of Vocational Rehabilitation (DVR) Services for the establishment of a consumer oriented clubhouse for vocational and pre-vocational opportunities for persons with severe and persistent mental illnesses. Dr. Olson continued that the goal of the clubhouse is to place consumers into paid employment within a community integrated setting and to maintain that employment through job coaching, on-the-job training, and on-going support. Dr. Olson stated that a committee was formed, chaired by Ms. Grassman, to explore ways and means for obtaining funding to establish a clubhouse and a proposal was prepared to obtain an establishment grant from the DVR; the awards have not as yet been announced, but the DVR sent out contracts for early signatures as the funds for the contracts are derived from Federal sources and the availability of the funds are based on the Federal fiscal year - thus the premium on "preparedness". Ms. Grassman provided additional history and background information for the Board about the clubhouse concept and noted that, in time, they would like to expand the clubhouse beyond the Mental Health clients. Chair Clarke asked if Kathy Snell, Health & Human Services Director, is recommending this action; Dr. Olson responded that this project started before Ms. Snell became employed by Larimer County and he has sent her a copy of all the information the Board has received, but he has not yet received a response back from her. Chair Clarke stated he cannot support this clubhouse contract until she responds to it.


Commissioner Duvall moved that the Board of County Commissioners approve the proposed clubhouse project including the budget and positions to be established, contingent on the tendering of a contract and monies from the State Division of Vocational Rehabilitation Services and approval by Kathy Snell.

Motion failed 1 - 2; Chair Clarke and Commissioner Disney dissenting.


Commissioner Disney moved that the matter of the clubhouse contract be tabled until Monday, September 7, 1996.

Motion carried 3 - 0.

6. BOARD OF ADJUSTMENT APPOINTMENTS: Chair Clarke noted that he conducted the interviews of the applicants for the Board of Adjustment and his recommendations are to appoint John Hatfield and Charles Huddleson to fill two alternate positions, terms to expire June 30, 1997.


Commissioner Duvall moved that the Board of County Commissioners appoint John Hatfield and Charles Huddleson to fill two alternate positions on the Board of Adjustment, terms expiring June 30, 1997.

Motion carried 3 - 0.

7. BIG THOMPSON STUDY: As a follow-up to a meeting with the Board on September 24, 1996, Ms. Cameron reported she attended the steering committee meeting regarding the Big Thompson study project and her recommendation is that it would be valuable for the County to be involved; she noted the study would go from the mouth of the Big Thompson at Sylvan Dale Ranch out to the Weld County line and identify important areas that we would want to protect for open space, parks, trails, etc. Ms. Cameron noted that she discussed this with the Open Lands Board and they also recommend the County participate to the level of 1/3 in the total project, which will be included in the 1997 budget in the amount of $30,300 to be derived from Open Lands funds. Chair Clarke stated he has to insist that the ballot language for the open space funds be adhered to, which states that property has to be acquired from "willing sellers", and he wants to make sure that once those dollars are co-mingled, that portion of the ballot language continues to be enforced.


Commissioner Disney moved that the Board of County Commissioners approve the expenditure of $30,300 for a Big Thompson River Study, monies to be derived from Open Lands funds.

Motion carried 3 - 0.

8. CHILDERS-HENNING CONSERVATION EASEMENT: Ms. Cameron stated that the Estes Valley Land Trust has requested dollars from the Martha Steinbach estate, which was land donated to Larimer County for park purposes with the option that it could be sold and the proceeds used for land conservation in the Estes Valley. Ms. Cameron informed the Board that the property was sold and the Town of Estes Park, as well as the Estes Valley Land Trust, have acquired a conservation easement on 160 acres of land at the entrance of the Longs Peak Campground to be preserved in open space.


Commissioner Disney moved that the Board of County Commissioners approve the allocation of the balance of the proceeds from the Martha Steinbach estate sale to the Estes Valley Land Trust to be used to obtain the Childers-Henning Conservation Easement in the Estes Valley.

Motion carried 3 - 0.


-- County Page in Local Papers: Mr. Lancaster provided an update on the cost for having a county page in the local papers; he noted that a full page monthly would cost $57,000 for the year, quarterly would be $19,000 a year, and twice a year would be $9,000. Discussion followed; Ms. Hart noted that there is the possibility of doing an insert, which would lower the cost somewhat. Mr. Lancaster stated that he is in the process of trying to cut 3% out of their budget and it would be difficult to add this expense; the Board decided they will have a county page in the local papers when they can afford it, but not at this time.

-- Advertising for County Engineer: Mr. Lancaster stated that Public Works Director Rex Smith has requested authorization from the Board to begin advertising for the position of County Engineer, which will be an appointed position; he noted that the salary range for the Front Range Budget Conference for County Engineer is $52,900 to $69,000 and Mr. Smith would like to advertise with that salary range. CONSENSUS OF THE BOARD was to authorize Mr. Smith to proceed with advertising, as requested, with a salary range of $53,000-$69,000 annually.

-- Salary Calculation Clarification: Mr. Lancaster stated that there has been a lot of discussion on the employee salary increases for next year and he wanted to apprise the Board how questions should be answered; he noted that he is going to write a policy stating the goal very clearly, which is the 50th percentile of the Longmont Survey. Mr. Lancaster explained that when you talk about the 40th percentile, you cannot calculate percentiles unless you have the raw data, and as Larimer County is not a subscriber to the Longmont Survey at this time, the raw data on the public sector is available, but the private sector information is confidential. Therefore, the best we can do is estimate the percentiles mathematically from the average; he noted we will be a subscriber next year. Mr. Lancaster continued that the 50th percentile is not in most cases the average; in fact, the salary increases for the deputies will place the deputy benchmark only 1.6% below the average and 2.4% behind the median; he noted that the median and the 50th percentile are the same. The Board asked Mr. Lancaster to put this in writing so they can explain it to the other elected officials and employees when questioned.

-- Solid Waste Offer to Jackson County: Mr. Lancaster reminded the Board that previously the Board approved Jackson County bringing 10 tons a day to the landfill without cost; as no time limit was put on this offer, Mr. Lancaster requested direction from the Board whether or not this offer is to be continued. Commissioner Duvall asked how this compares to the daily intake; Mr. Lancaster responded that they handle approximately 800 tons per day. After discussion, the Board requested Mr. Lancaster to write a letter to Jackson County indicating that the offer continues, but to state very clearly that this offer is contingent upon Jackson County not acquiring an incinerator.

-- Response from Parks on Request from Carrie Martin Elementary School in Loveland: Mr. Lancaster stated that in response to the request from Carrie Martin Elementary School for a letter of support from the Board to GOCO for their grant request, as discussed during Administrative Matters on September 18, 1996, the Parks Department has responded that it is a good idea and they recommended the Board send a letter of support to GOCO for the grant request.

-- Invitations: Ms. Hart reviewed the pending invitations with the Board and they indicated to her which events they could attend.


-- Commissioner Disney provided an update for the Board on his trip to Washington, D.C. last week to meet with congressional representatives to address rail feasibility funding issues; he noted they asked for $1.5 million.

-- Chair Clarke reported he attended the City Council meeting last night and they unanimously approved a resolution supporting the capital improvement facilities expansion project on the November ballot.



Commissioner Duvall moved that the Board of County Commissioners approve the Minutes for the weeks of September 16 and September 23, 1996, as submitted and amended.

Motion carried 3 - 0.


Commissioner Duvall moved that the Board of County Commissioners re-open the hearing for the Edwards Zoning Violation, which was heard by the Board on September 23, 1996, based on new information becoming available.

Motion carried 3 - 0.


Commissioner Disney moved that the Board of County Commissioners approve the Schedule for the week of October 7, 1996, as submitted and amended.

Motion carried 3 - 0.


Commissioner Duvall moved that the Board of County Commissioners approve the following documents as listed on the Consent Agenda on Document Review for October 2, 1996:

MISCELLANEOUS DOCUMENTS: Notice concerning restriction on sale of Lots 12-36, 90-93 in Vista View Estates PUD; Notice concerning restriction on sale of Lots (excluding Lots 5 & 86) 5-11, 37-50, 76-83, 87-89 in Vista View Estates PUD; Centro Business Park Amended Plat of Tract A; Greeley-Boulder Colony Subdivision Amended Plat; and Glacier View Meadows 9th Filing Amended Plat of Lots 70 & 71.









(Physician for Larimer County Mental Health Center)



INC. (Reconstruction and Rehabilitation of Streets and Drainage in

Namaqua Hills Subdivision GID #8 - Project #8417)


ALLEN) (Dedication of Property for Public Highway - Project #171

Overland Trail)



Motion carried 3 - 0.

At this time Assistant County Attorney Marla Hehn, Director of the Landfill Janelle Henderson, Right-of-Way Agent Jerry White, and Open Lands Manager K-Lynn Cameron joined the meeting for legal matters.



Commissioner Disney moved that the Board of County Commissioners go into Executive Session at 4:10 p.m. to discuss possible property acquisition.

Motion carried 3 - 0.

The Executive Session ended at 4:30 p.m.; no action taken.




( S E A L )



Sherry E. Graves, Deputy County Clerk

Background Image: Cirque Meadows by Adam Johnson. All rights reserved.