HomeMy WebLinkAbout20130366.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 4, 2013
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, February 4, 2013, at the hour of 9:00 a.m.
Fl ROLL CALL: The meeting was called to order by the Chair and on roll call the following
members were present, constituting a quorum of the members thereof:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
Fl MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of January 30, 2013, as printed. Commissioner Rademacher seconded the
motion, and it carried unanimously.
Fl AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Fl PUBLIC INPUT: No public input was given.
Fl CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Conway seconded the motion, and it carried unanimously.
BIDS:
El 1) PRESENT BID #B1300040, CONCRETE WASHED ROCK AND SQUEEGEE - DEPARTMENT
OF PUBLIC WORKS: Trevor Jiricek, Department of General Services, reviewed the bid, reporting six
(6) potential vendors, and stated the issue will be brought back for approval on February 20, 2013.
NEW BUSINESS:
1) CONSIDER AMENDMENT NO. 4 TO CONTRACT TO PERFORM FUNCTIONS OF A SINGLE
ENTRY POINT AGENCY FOR MEDICAID LONG TERM CARE AND AUTHORIZE CHAIR TO SIGN:
Judy Griego, Department of Human Services, introduced the amendment, which provides for
reimbursement from the Department of Health Care Policy and Financing to the Department of Human
Services' Area Agency on Aging Single Entry Point for interviews with potential nursing home diversion
Minutes, February 4, 2013 2013-0366
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clients. Commissioner Rademacher moved to approve said amendment and authorize the Chair to
sign. The motion was seconded by Commissioner Freeman, and it carried unanimously.
L 2) CONSIDER GRANT CONTINUATION APPLICATION FOR FISCAL YEARS 2013 AND 2014,
INCLUDING 2012 PROGRESS REPORT, FOR NURSE HOME VISITOR PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Mark Wallace, Department of Public Health and Environment,
introduced the grant application which is for total funding of the Nurse Home Visitor Program to which
no changes are proposed, but also explained that bill No.1117 is currently before the legislature which
could move the program from the Department of Public Health to the newly created Office of Early
Childhood Development under the Department of Human Services. Commissioner Conway asked how
the change might impact the funding level of the program. Dr. Wallace replied that his understanding is
that the Office of Early Childhood Development has to be self-supporting, which could mean that the
Office would take a percentage of grant funds, reducing over-all funding for the program, and also
stated that oversight and reporting would change and interdepartmental contracts would be needed.
Commissioner Kirkmeyer noted that Judy Griego has already begun addressing these potential issues,
but expressed concern that the early childhood program is more than just for children - it is a nursing
model that focuses on the health of the mother, so to put that under an early childhood program seems
odd. Dr. Wallace stated that he and others have expressed these concerns to the legislature.
Commissioner Conway noted that he would hate to see a program this successful be changed due to
bureaucracy, and expressed his gratitude to the staff and concern over the funding. Commissioner
Rademacher moved to approve said application and authorize the Chair to sign. The motion was
seconded by Commissioner Conway, and it carried unanimously.
e 3) CONSIDER RENEWAL APPLICATION FOR TAVERN LICENSE FROM LONESTAR, LLC,
DBA VAQUERAS NIGHT CLUB AND AUTHORIZE CHAIR TO SIGN: Brad Yatabe, Assistant County
Attorney, introduced the application as being in order, but noted that sandwiches and light snacks are
not yet available as per a tavern license requirement. Lisa Carpenter, Sheriff's Deputy, reported that a
"we do not serve minors" sign has been fixed, and that the club has had 2 reported assaults, 3 reported
disturbances, and 1 reported theft in the past year. Commissioner Garcia asked about the inspection
and Ms. Carpenter replied she was not present at that time. Mr. Yatabe recommended a specific
clause be included in the resolution regarding compliance with the state statute regarding serving light
food as an express condition of license approval. Commissioner Conway concurred and moved to
approve the application with this addition. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
• 4) CONSIDER COUNTY DANCE HALL LICENSE NUMBER 368 ISSUED TO LONESTAR, LLC,
DBA VAQUERAS NIGHT CLUB AND AUTHORIZE CHAIR TO SIGN: Mr. Yatabe introduced the
matter of the dance license renewal referring to the previous matter. Commissioner Rademacher
moved to approve said license and authorize the Chair to sign. The motion, which was seconded by
Commissioner Freeman, carried unanimously.
El 5) CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN BETWEEN CRS 3 AND 5: Janet
Carter, Department of Public Works, reviewed the road closure for a culvert replacement.
Commissioner Rademacher moved to approve said road closure and authorize the Chair to sign.
Seconded by Commissioner Conway, the motion carried unanimously.
El 6) CONSIDER TEMPORARY CLOSURE OF CR 52 BETWEEN U.S. HIGHWAY 85 AND CR 41:
Ms. Carter reviewed the road closure to repair a railroad crossing due to a failure on the railroad's line.
Commissioner Conway asked about the railroad's incentive to act in a timely fashion and Ms. Carter
replied that the railroad wants to get the line repaired as soon as possible for their own commerce.
Commissioner Conway moved to approve said road closure and authorize the Chair to sign. Seconded
by Commissioner Freeman, the motion carried unanimously.
Minutes, February 4, 2013 2013-0366
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e 7) CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE
OF COUNTY ROAD 96 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY,
INC.: Don Carroll, Department of Public Works, reviewed the location, access, right-of-way, adjacent
property owners, and recommended approval of access to the drill site. Commissioner Conway moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Rademacher, and it carried unanimously.
ID 8) CONSIDER APPOINTMENT OF DEPUTY DISTRICT ATTORNEY AND AUTHORIZE CHAIR
TO SIGN - SARAH MC CUTCHEON: Commissioner Conway moved to approve the appointment. The
motion, seconded by Commissioner Rademacher, carried unanimously.
El 9) FINAL READING OF CODE ORDINANCE #2012-15, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE
WELD COUNTY CODE: Commissioner Kirkmeyer made a motion to read the ordinance by title only.
Seconded by Commissioner Rademacher, the motion carried unanimously. Bruce Barker, County
Attorney, read the ordinance for the record and reviewed changes made as a result of the second
reading. He suggested a minor change to Section 7-1-30 for proper English usage. The Board then
discussed the possible use of the word "authority" in addition to the word "district". Further detailed
code changes were discussed at length. Mr. Jiricek relayed one area of concern was Section 7-2-80 H:
"An ambulance service that provides only intermittent transport of patients to and from Weld County not
exceeding 25 trips annually." Mr. Jiricek reported that a higher limit was requested by Rural Metro
Ambulance for palliative transport, perhaps up to 100. Mr. Jiricek suggested taking the limit out
altogether, as the County has no way to accurately track compliance. The Board discussed how the
County would know these ambulances are licensed and what the requirements of licensing in other
Colorado counties may be, especially in terms of on -site inspection and adherence to Weld County's
standards, and Commissioner Kirkmeyer suggested that perhaps there should be a question listing
licensure in other counties on the Weld County application. Dr. Wallace stated that the challenge from
the staff perspective is that there is not a single process for arranging transport so the arrangements
are quite variable and there is no system to track this. IlE9 Dave Bressler, of Banner Paramedic
Services, said that the county could get lists of emergency transport companies each hospital has
contracts with, but non -emergent transfers vary and are hard to get a handle on. El Steve Main,
Poudre Valle Health System EMS, noted that some counties do not have health departments to do
inspections. IN Mike Bielmaier, Director of Ambulance Service for Estes Park Medical Center, noted
that his ambulances are licensed in Larimer and Boulder Counties, which have similar licensure
standards, stating that they often transport patients home from Weld County. He felt the limit of 25
would just cover these transports, without the additional burden of yet another county licensure.
Commissioner Conway suggested that the County require notification. After further discussion,
Commissioner Conway suggested that the limit be changed from 25 to 100, and then if there are
problems in the future it can be brought back before the board; noting that the ambulance services will
be self -policing, and if there is a violation reported it will addressed at that time, and the Board
concurred. IN Tom Beach, Southeast Weld County Fire Chief, spoke to the pros and cons of the limit
on outside transports and then read a statement thanking the Board for keeping the lines of
communication open. Commissioner Conway thanked the Chief for being an integral part of the
discussions and work session to empower the EMTS Council. Commissioner Kirkmeyer also thanked
Mr. Beach for his assistance in drafting the ordinance. El Ron Bateman, Milliken and Johnstown Fire
Protection Districts, also thanked the Board, as well as Mr. Barker and Mr. Jiricek, and asked about the
time line for licensure. Commissioner Conway asked what would be helpful. Commissioner Kirkmeyer
said a few things still have to be done, such as changing the bylaws of the EMTS Council and then
getting these approved in a Board meeting, the application will then have to be submitted and the
EMTS Council will have to meet and give a recommendation; it is looking like early April. She noted that
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the EMTS Council bylaws also allow for an electronic meeting. IE Herb Brady, Windsor/Severance
Fire Rescue Chief, indicated agreement with the changes and said that he appreciated the spirit of
collaboration. El Mr. Bressler felt the changes were acceptable and that some concerns remain
regarding what the words mean at the level of accountability, stating that the playing field has been
leveled for all providers and allows them to work collaboratively, especially in the area of transport for
palliative care. El Mr. Main agreed and thanked the Board for their work. El Duane McDonald,
Greeley Fire Chief, thanked the Board for the collaborative process and said that he was happy with the
changes made. Commissioner Kirkmeyer thanked him, as well as Jeff Stanahan, for consistently
attending the EMST Council meetings and helping with the changes. El After a short discussion,
Commissioner Kirkmeyer motioned to amend 7-1-30 to include insert "fire, ambulance or hospital
district within Weld County". Commissioner Conway seconded the motion, which carried unanimously.
Commissioner Kirkmeyer moved to amend Section 7-2-80 H. by deleting the number 25 and inserting
the number 100. Mr. Barker brought up the proposed change to "ambulance service, licensed by
another Colorado County, that provides only intermittent transport of patients to and from Weld County
not exceeding 100 trips annually." Seconded by Commissioner Rademacher, the motion carried
unanimously. Commissioner Freeman asked about exclusions for other states, which were determined
to be addressed by Section 7-2-80 D. Commissioner Kirkmeyer moved to amend Section 7-2-100, to
amend A.2 and delete A.3. Seconded by Commissioner Conway, the motion carried unanimously.
e Commissioner Conway motioned to delete, in Section 7-8-20, the words "Weld County Paramedic
Service" and in Section 7-8-30 to delete "triage authority". Seconded by Commissioner Rademacher,
the motion carried unanimously. Mr. Barker addressed Section 7-2-100, B.5, which was amended to
include the words "shall also recommend". Commissioner Kirkmeyer made a motion for this language.
Seconded by Commissioner Conway, the motion carried unanimously. Commissioner Kirkmeyer
moved to approve said Code on final reading including amendments made today. The motion, which
was seconded by Commissioner Conway, carried unanimously. Commissioner Conway thanked
everyone who was a part of this process, stating that the code change was brought about by both state
statutory changes and the desire to ensure a high quality and effective transport service for all the
residents of Weld County. Commissioner Rademacher and Commissioner Kirkmeyer concurred.
PLANNING:
El 1) CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR TUCKER GRAVEL PIT, USE BY SPECIAL REVIEW PERMIT #411 - TERRY GRAZING
ASSOCIATION, JRT LTD PARTNERSHIP, AND CONNELL RESOURCES, INC.: Eric Jansen,
Department of Public Works, introduced the project and location, and because the Departments of
Planning and Public Works have reviewed the agreement and collateral, recommended approval.
Commissioner Freeman moved to approve said agreement and authorize the Chair to sign. The
motion was seconded by Commissioner Conway, and it carried unanimously.
Resolutions and ordinances: The resolutions were presented and signed as listed on the consent
agenda. Code Ordinance #2012-15 was approved with changes on final reading.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the acting clerk to the board.
Minutes, February 4, 2013 2013-0366
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There being no further business, this meeting was adjourned at 10:32 a.m.
BOARD OF COUNTY COMMISSIONERS
WELDOU, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
DepuyC
to the Bo
Barbara Kirkmeyer
iam F. Garc
Chair
Douglas Rade cher, Pro -Tern
Minutes, February 4, 2013 2013-0366
Page 5 BC0016
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