HomeMy WebLinkAbout20131129.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 6, 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, May 6, 2013, at the hour of 9:00 a.m.
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 - EXCUSED
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County
Commissioners meeting of May 1, 2013, as printed. Commissioner Rademacher seconded the motion,
and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: Ron Bateman, Johnstown and Milliken Fire Chief, stated that since the date of
the license approval, three weeks ago, his fire district has successfully established mutual aid
agreements with all potential partners; negotiations are still ongoing with Banner. In regard to the fire
districts' ability to services certain unincorporated areas of the county, Mr. Bateman reported that the
Operations Chief ran response time data for the areas of concern; the 98 percentile was 11 minutes for
the first quarter of 2013, and 12 minutes for the year-to-date. These system reports will be made
available with the public, marked Exhibit A. Mr. Bateman said they had been unable to find a good
time to meet with the Board on dates provided; but said that the Milliken and Johnstown Board Meeting
taking place this evening is open to the Commissioners if they wish to attend. Commissioner
Rademacher confirmed that the lines of communication with Banner were still open.
e2 CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Freeman seconded the motion, and it carried unanimously.
Minutes, May 6, 2013
Page 1
2013-1129
BC0016
BIDS:
El 1) APPROVE BID #B1300048, LNG TRUCK (DAIRY FARMERS OF AMERICA) -
DEPARTMENT OF PUBLIC WORKS: Trevor Jiriceck, Director of General Services, explained this bid
is for a natural gas vehicle purchased with grant funds, and staff recommends approval of the sole bid
which was received from MHC Kenworth, Inc., in the amount of $226,188. The motion, which was
made by Commissioner Rademacher, and seconded by Commissioner Freeman, carried unanimously.
a 2) PRESENT BID #B1300078, CHEMICAL FUME HOOD - QTY. 5 - REGIONAL CRIME LAB:
Mr. Jiricek said there are six vendors for this bid, which will be brought back before the Board for
approval on May 20, 2103. Monica Mika, Director of Finance and Administration, confirmed for the
Board that this and the following items are on an earmarked list previously discussed in a work session.
3) PRESENT BID #61300079, SET UP LAB HOODS - QTY. 2 - REGIONAL CRIME LAB:
Mr. Jiricek said there are three vendors for this bid, and it will be brought back before the Board for
approval on May 20, 2103.
La 4) PRESENT BID #B1300080, CYANOACRYLATE FUMING CHAMBER - REGIONAL CRIME
LAB: Mr. Jiricek said there are five vendors for this bid, which will be brought back before the Board for
approval on May 20, 2103.
5) PRESENT BID #B1300081, POLILIGHT ALTERNATE LIGHT SOURCE - REGIONAL CRIME
LAB: Mr. Jiricek said there are three vendors for this bid, which will be brought back before the Board
for approval on May 20, 2103. He also said that the Director of the Regional Crime Lab, Ron Arndt, will
be present on the date of approval to answer questions.
NEW BUSINESS:
El 1) CONSIDER MEMORANDUM OF UNDERSTANDING AND AUTHORIZE CHAIR TO SIGN -
REALITIES FOR CHILDREN CHARITIES: Judy Griego, Director of Department of Human Services,
explained this memorandum of understanding provides access emergency funds through this charity
and also special youth activities sponsored by the charity and open to Weld County Foster Children;
there will be no financial expenditure by the County. Commissioner Rademacher moved to approve
said memorandum of understanding and authorize the Chair to sign. The motion was seconded by
Commissioner Conway, and it carried unanimously.
El 2) CONSIDER MEMORANDUM OF AGREEMENT FOR FOSTER AND ADOPTIVE FAMILY
REQUIREMENTS AND AUTHORIZE CHAIR TO SIGN — PROJECT 1.27: Ms. Griego explained this is
an ongoing agreement with a faith -based project. Christ Community Church provides training for
adoptive families; again, there is no financial commitment from the County. Commissioner Freeman
moved to approve said memorandum of agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Conway, and it carried unanimously.
a 3) CONSIDER EXPENDITURE AUTHORIZATION MODIFICATION REQUEST FOR TWO
WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN: Ms. Griego
explained this item affects two work programs, transferring out of the adult modification program
$160,144 to the dislocated worker program, and the expenditure modifications are to reflect actual
participation in each of those areas. Commissioner Rademacher moved to approve said expenditure
authorization modification request and authorize the Chair to sign. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
Minutes, May 6, 2013 2013-1129
Page 2 BC0016
• 4) CONSIDER RENEWAL APPLICATION FOR 3.2 PERCENT BEER RETAIL LICENSE ISSUED
TO CARPCO, LLC, AND 7 -ELEVEN INC., DBA 7 -ELEVEN STORE #39510, AND AUTHORIZE CHAIR
TO SIGN: Brad Yatabe, Assistant County Attorney, introduced the renewal application and noted that
7 -Eleven reported in their regional application that they had had a suspension, but not for this particular
location. Lisa Carpenter, Sheriff's Office, related that Deputy Mark Mellon did the inspection and had
no concerns or grounds for disapproval. Commissioner Rademacher moved to approve said renewal
application and authorize the Chair to sign. The motion, which was seconded by Commissioner
Conway, carried unanimously. In response to Commissioner Conway, Deputy Carpenter confirmed
there have been no calls for service.
• 5) CONSIDER APPLICATION FOR RETAIL LIQUOR STORE LICENSE AND AUTHORIZE
CHAIR TO SIGN - CROW VALLEY LIQUOR, LLC DBA CROW VALLEY LIQUOR: Mr. Yatabe said
there were a couple issues brought up by the Departments of Planning Services and Health and
Environment in regard to this application. Frank Piacentino said a change of use still needs to be
issued, and Chris Gathman and Bethany Salzman noted the USR has not been completed, nor the final
plat recorded, so perhaps this should be a condition of approval. Commissioner Freeman reported,
regarding his inspection, that the closest liquor store is Ault, there is plenty of traffic, and this is a good
site for this business. Deputy Carpenter noted that everything seems to be in order. Chris Schulz,
applicant, said the USR will be recorded soon, it has been delayed by some CDOT access issues.
There was no public comment. Commissioner Conway moved to approve said application and
authorize the Chair to sign, contingent upon the recording of the plat. The motion, which was seconded
by Commissioner Rademacher, carried unanimously.
Ca 6) CONSIDER AGREEMENT FOR PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY AND
TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND
AUTHORIZE CHAIR TO SIGN — MATTHEW AND MELANIE BRIER: Leon Sievers, Department of
Public Works, explained that this agreement is a part of the CR 23 joint venture with Severance,
Windsor and CDOT. Weld County is acquiring acreage for right-of-ways for CDOT and Weld County
and also purchasing construction easements in two separate parcels. Mr. Sievers reviewed the
property value determinations and explained that improvements, in the amount of $36,836, consist of
replacing 1,972 linear feet of fence, 1,960 linear feet of a concrete lined irrigation ditch, replacing an
irrigation culvert and approximately 25 trees. In response to Commissioner Rademacher, he said there
will be three more of these acquisitions coming before the Board for approval. Commissioner Conway
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
• 7) CONSIDER TEMPORARY CLOSURE OF CR 60.5 BETWEEN CRS 53 AND 55: Janet
Carter, Department of Public Works, reviewed the proposed closure, noting there will be no official
detour - as numerous alternate routes are available. Commissioner Rademacher moved to approve
said temporary closure. The motion, which was seconded by Commissioner Conway, carried
unanimously.
• 8) CONSIDER TEMPORARY CLOSURE OF CR 35 BETWEEN CRS 42 AND 44: Ms. Carter
reviewed details of the proposed road closure for a culvert replacement. In response to Commissioner
Conway, Ms. Carter confirmed that the school districts and local residents would be notified per
standard procedure. Commissioner Conway moved to approve said temporary closure. The motion,
which was seconded by Commissioner Freeman, carried unanimously.
Minutes, May 6, 2013 2013-1129
Page 3 BC0016
• 9) CONSIDER TEMPORARY CLOSURE OF CR 87 BETWEEN CRS 42.5 AND 52: Ms. Carter
reviewed this proposed road closure for an emergency culvert replacement. She said the detour is
somewhat unusual, and the Department of Public Works will be putting up message boards because it
is a lengthy detour route which goes into Morgan County. They have also reached out to the oil and gas
industry to determine the best possible routes for that traffic. Commissioner Rademacher moved to
approve said temporary closure. The motion, which was seconded by Commissioner Freeman, carried
unanimously.
• 10) CONSIDER TEMPORARY CLOSURE OF CR 96 BETWEEN CRS 19 AND 27: Ms. Carter
reviewed this temporary road closure for two culvert installations. Commissioner Freeman moved to
approve said temporary closure. The motion, which was seconded by Commissioner Conway, carried
unanimously.
11) CONSIDER TEMPORARY CLOSURE OF CR 45 BETWEEN CRS 86 AND 88: Ms. Carter
reviewed this temporary road closure for an arch pipe replacement. Commissioner Conway moved to
approve said temporary closure. The motion, which was seconded by Commissioner Rademacher,
carried unanimously.
a 12) CONSIDER AMENDMENT #1 TO IMMUNIZATION CORE SERVICE TASK ORDER
CONTRACT AND AUTHORIZE CHAIR TO SIGN: Mark Wallace, Director of Department of Public
Health and Environment, reviewed this amendment to a grant from the Colorado Department Public
Health and Environment for the local health department to ensure immunization best practices and
public education. He said additional funding in the amount of $5,396, will increase the grant to a total of
$85,553, and the County is still required to use the funding by June 30, 2013. Commissioner Conway
moved to approve said amendment and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
• 13) CONSIDER TASK ORDER CONTRACT FOR TUBERCULOSIS PROGRAM AND
AUTHORIZE CHAIR TO SIGN: Dr. Wallace explained this is the core funding to continue tuberculosis
prevention and treatment; it covers interpretation of chest x-rays, directly observed therapy, and also
case and contact investigations to limit the spread of the disease. The funding comes from federal and
state sources in the amount of $208,000, which will be divided up over the five year contract. Weld
County has seen an increase in the number of TB cases so there is a small increase in the funding
allocated for this year, and it will likely be increased next year as well. In response to Commissioner
Rademacher, Dr. Wallace said there have been no multi -drug resistant cases to date. Commissioner
Rademacher then moved to approve said contract and authorize the Chair to sign. The motion was
seconded by Commissioner Conway, and it carried unanimously.
a 14) CONSIDER TASK ORDER CONTRACT FOR WOMEN'S WELLNESS CONNECTION
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace explained that this funding from the
Colorado Department of Public Health and Environment provides breast and cervical cancer screening
and diagnostics to Colorado women to catch cancer in the early stages, at that point the County has a
network of referrals for treatment. Commissioner Freeman moved to approve said contract and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously.
Minutes, May 6, 2013 2013-1129
Page 4 BC0016
15) CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR STATE TOBACCO
EDUCATION AND PREVENTION PARTNERSHIP GRANT AND AUTHORIZE CHAIR TO SIGN:
Dr. Wallace explained this is the core funding for the Tobacco Education and Prevention Program; this
is the second year of a three year agreement. Dr. Wallace described changes to activities used to
achieve the deliverables and program partnering. In response to Commissioner Conway, Mr. Wallace
confirmed that people around the state are concerned about an increase in youth smoking due to the
legalization of marijuana in Colorado, and he said a variety of community groups are focusing on this
new aspect of the problem. Commissioner Freeman moved to approve said contract and authorize the
Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously.
ca 16) CONSIDER TASK ORDER CONTRACT FOR TITLE X FAMILY PLANNING PROGRAM AND
COLORADO FAMILY PLANNING INITIATIVE AND AUTHORIZE CHAIR TO SIGN: Dr. Wallace
explained this is the annual contract between the Colorado Department of Public Health and
Environment and the Weld County Board of Commissioners on behalf of the local health department to
continue a comprehensive family planning program providing numerous services such as counseling,
physical examinations, STD testing, etc. with a total budget of $193,008. He noted that two programs
[Family Planning (Title X) and the Family Planning Initiative (a private anonymous donation)] are being
combined this year, because the Family Planning Initiative funds are dwindling. In response to
Commissioner Rademacher, Dr. Wallace said the program provides immunizations for the virus which
can cause cervical cancer, but the money for the vaccination itself does not come from this grant. In
response to Commissioner Conway, Dr. Wallace explained the purpose of the Family Planning Initiative
funding is to make more costly (long-term) contraception available at no cost. Dr. Wallace explained the
goal is to reach as many individuals as possible and referrals will continue, but there be less availability
of some of the items previously covered by the Initiative (especially at no cost); there will be a reduction
in this year's funding from that program of $50,000. In response to Chair Garcia, Dr. Wallace confirmed
that abstinence counseling is included in this program and that if someone requests Plan B, it is
discussed and information about where it can be obtained is provided, but confirmed that Weld County
does not currently dispense this contraceptive. El In response to Commissioner Rademacher,
Dr. Wallace said due to recent Court intervention the Department of Health and Human Services at the
federal level was not able to restrict the availability of this drug based on age and it will be available at
pharmacies without a prescription; after last week's release from the Obama Administration, there is
still some debate over having a prescription required, but they will probably compromise for younger
persons being required to show ID.
a Chair Garcia opened the floor to public comment.
a Jeffrey Hare, County resident, said the Colorado Constitution in 1984 prohibited public funding for
abortions and the morning after pill (Plan B) terminates a pregnancy after conception. He said there is
controversy within the medical community and sufficient evidence to support a conservative approach
regarding funding. He also said there is plenty of private funding available for those who wish to get
this pill and can't afford it.
a Priscilla Resendiz, County resident, referenced a letter to the Commissioners signed by over 175
County residents in support of providing Plan B at the county clinic. She said Plan B (levonogestrel)
should not to be confused with RU -4-86 (mifepristone), which is an abortion pill, as Plan B will not
terminate an existing pregnancy. She said she could not afford either of these to demonstrate the
difference to the Board. She noted if Title X is a federal grant which provides funding for Plan B, and is
not intended to provide funding for abortions, therefore Plan B is not an abortive agent. She said it
Minutes, May 6, 2013 2013-1129
Page 5 BC0016
should be an option for women of all income levels, not just for those who can afford it. She then asked
the supporters of Plan B present in the meeting to stand up. Commissioner Conway then
referenced the $50,000 cut in the funds available for the County's family planning program, and asked
what supplies or services Ms. Resendiz would recommend reducing in order to fund the provision of
Plan B.
Sharon Voightmann, County resident, referenced Chair Garcia's remarks in the March 6, 2013
meeting regarding the fiscal soundness of the Board's stance on Plan B. Ms. Voightmann then cited
statistics pertaining to sexual activity among high school students and teen pregnancies, and reviewed
public sector costs related to teen pregnancy. Ms. Voightman submitted these comments into the
record, marked as Exhibit A.
• Rochelle Galindo, County resident, continued relating statistics regarding poverty, lack of
insurance, and teens who have been raped. She said that Planned Parenthood charges $38 for Plan
B, and that the over-the-counter cost is from $40-60. She concurred with previous speakers that
preventing teen pregnancies is fiscally responsible. Commissioner Conway confirmed with Ms. Galindo
that the data she presented was based upon the assumption that all Weld County teen pregnancies
would receive financial governmental assistance.
Katherine Bellendir, County resident, stated that she is not the only girl in her class against Plan B
because it is wrong and stated her belief that as soon as you sleep with a boy a pregnancy is intended.
She stated there is not enough information on whether Plan B is an abortive agent and related her
concern that girls may use it repeatedly without a doctor's supervision. Jackie Bellendir, her mother,
also spoke briefly.
• Raquel Kato, County resident, shared a personal story about keeping her unintended pregnancy
and being happy to have a daughter. She said she had never imagined all the resources available to
her and would have been emotionally wounded if she had done things differently and is now is an
advisor at the Crisis Pregnancy Center. She stated she is strongly opposed to making Plan B easily
available; especially because a woman might latter regret a decision made from an emotional state of
fear.
• Patricia Bruner, County resident, read a letter from Dr. Neil H. Allen, which indicated that, in his
professional opinion, Plan B is a contraceptive method that does not cause abortion, but prevents the
need for abortions; he said Plan B is safe and prevents rather than terminates pregnancy and science
should prevail over politics. Ms. Bruner said that one of the issues here is choice; Plan B prevents
women from having to make a hard choice. Ms. Bruner asked what Plan B would cost Weld County to
dispense.
Jack B. Lowe, County resident, stated as soon as a child is conceived it has its own individual
DNA; and said that Plan B is an abortion -causing pill because it prevents the egg from attaching to the
uterine wall. He stated equating a human life to its financial cost does not make sense, regarding the
earlier references to the cost of teen pregnancies.
Tannis Bator, County resident and retired school librarian, spoke about poverty in regard to Plan
B, saying that people of limited means often have transportation issues and, with a three-day window to
take this pill, not having it available though the county health clinic could be a hardship on these
citizens. She cited numerous health and medical journals, and one health professional, in support of
Minutes, May 6, 2013 2013-1129
Page 6 BC0016
the position that Plan B will not work if a woman is already pregnant. Ms. Bator submitted these articles
into the record, marked Exhibit B.
• Eric Staub, County resident, asked if Dr. Wallace could explain what, in his professional option,
Plan B does.
• Mark Johnson, County resident, said he concurred with the previous comments of support and
appreciated the Commissioners stance on Plan B.
El Reverend Sylvia Falconer, County resident, Unitarian Universalist Church Reverend, former
elementary school teacher, head start director, and counselor, quoted Margaret Sanger. She spoke at
length about the burden of unwanted children on women and discrimination against the poor in denying
them choices which are available to those with wealth. She said that being unwanted is not a healthy
start in life and this is an ethical problem to consider. She said many people need contraception
because abortion is not an option either religiously or monetarily. She also spoke on the issue of
overpopulation and the potential sufferisrip it may cause future generations. She closed her comments
with another Margaret Sanger quote. In response to Chair Garcia, Ms. Falconer said her church
does provide some counseling in regard to family planning and provides other types of charitable
assistance.
El Loretta Scott, County resident, related several stories regarding pregnant former students and said
she is concerned about an increase of sexual violence in the teen population. She shared statistics
from an organization called Breaking the Cycle and stated her support for Plan B. She said our
community needs to do more to address rape, date rape and domestic abuse.
Stephanie Ralston, County resident, thanked the Commissioners for their stance on Plan B. She
said that sex is solely for the procreation of children and should not be used for entertainment. She
related a personal story and said when women are young they might not realize how much they will
later regret ending a pregnancy.
• Lory Bendickson, County resident, asked questions about Title X funding and the cost and types
of contraception which are available in Weld County clinics.
• Jerry Mangine, County resident and former city bus driver, spoke in favor of Plan B, saying that
many people who rode his bus are very poor, uneducated, have issues with substance, domestic
violence, and crime, have hard lives and many problems and abuse or ignore their children. He said
our society needs to try and help these people.
• Susan Black, County resident, also spoke in favor of Plan B; she said she works with programs
that house homeless families in Fort Collins and support abused children and she is seeing a greater
increase for the need for these types of programs. She stated that society must take more
responsibility for the children that are born and give women choices.
O Ann LaPlante, County resident, stated her opinion that a health clinic setting, which includes
counseling for the dispensing of Plan B, is a much better approach than having people, especially
teenagers, get it over the counter, in order to give them alternative options to Plan B, such as seeing a
pregnancy through, help them choose more effective contraception, and providing medical supervision.
Minutes, May 6, 2013 2013-1129
Page 7 BC0016
• Margaret Smith, County resident, commended the Commissioners for not providing Plan B
through the county health clinics.
a Beth Danielson, County resident, said Plan B is a safe and effective form of birth control which
works before a woman is pregnant and reduces the need for abortions and it works best the sooner it is
taken after intercourse, so it should be easily available. She contended that Title X specifically cites the
need for emergency contraception which reduces high teen pregnancy rates. She referenced victims of
rape and incest, saying that denying a woman this option adds to her victimization. She also said a
decision on Plan B should be based on science.
Noel Rincon, County resident, addressed a comment regarding a sexual predator's potential use
of Plan B, saying he thought that would be unlikely. He said it is important to consider the population
that the Weld County Health Clinic serves and not leave women without financial resources and victims
of violence "out in the cold".
• Linda Nelson, County resident, commented there are many reasons not related to promiscuity
that a woman might be in a situation where she fears conception, and a woman with wealth has every
option available to her. She said women are on their own if they go to a pharmacy instead of a health
care provider.
• Francy Henderson, County resident, said she was willing to help pay for Plan B - for the county to
dispense.
Sue Fuller, County resident, said that Colorado was remiss in effectively addressing dating
violence. She then asked the Commissioners if they would reconsider their stance if private money
was provided to dispense Plan B.
a Elizabeth Johnson, County resident, stated since there is controversy regarding how Plan B
works, and the Commissioners should remain on the conservative side and follow the State and
Federal Constitution.
• Hannah McBurney, County resident and teen mom, thanked the Commissioners for their stance
against dispensing Plan B and said every child deserves to live.
• Doug Meyer, County resident, said if our mothers had chosen Plan B none of us would be here
and that money is better spent teaching personal responsibility. He said the County has rape centers
to address rape and poverty is a choice.
• Lavinia Reno, County resident, told a personal story and stated that one pill seems a small
financial cost to society versus the cost of an unwanted child.
• Alison Dunning, County resident, mother of three and local entrepreneur, spoke in support of
Plan B as contraception. She said sometimes women do not have a choice or make bad choices, and
often there is a cycle of abuse in lower income brackets which contraception can help stop.
Franklin Hoffman, County resident, related that he just turned 19 and grew up in extreme poverty.
He said he has friends who have been raped or were gotten pregnant on purpose by abusive men and
this deprived them of many chances to financially and educationally better themselves.
Minutes, May 6, 2013 2013-1129
Page 8 BC0016
Connie Hernandez, County resident, said that she is the youngest of 12 children, and is thankful
that her mother chose to have her and her siblings.
Danielle Brecheisen, County resident, said her generation does not take enough responsibility for
their actions and she feels Plan B is harmful to teenagers.
Ron Brecheisen, County resident, said Plan B is an abortion and cited studies that showed that
access to emergency contraception does not reduce abortions and may have associated health risks
(such as increased likelihood of ectopic pregnancy). He said women's access to choice causes men to
act irresponsibly and rather than treating the symptoms, society needs to address the ethical and moral
causes of the issue. He said, from his experience as a production agriculturalist, that the planet is
nowhere close to maxing out its ability to sustain a larger population and the moral state of the United
States is in decline.
Dr. Wallace stated, with regard to the cost of Plan B, that there is a program for low-income clinics
which provides drug discounts from 25 to 75 percent off of the retail price. He said the County is in
compliance with Title X federal requirements to provide a comprehensive family planning program that
includes physical examinations, counseling, education and a broad range of family planning supplies,
and he mentioned that the State of Colorado has adopted these federal standards. Dr. Wallace stated
the County Health Clinic ensures individual choice is respected, and the counseling offered there is
non -directive. He explained that the Colorado Family Planning Initiative was a program begun five (5)
years ago via an anonymous donation and distributed to Title X family planning programs to allow the
low or no -cost provision of long acting reversible contraceptives, such as implants, which are more
expensive when taken as a one-time cost. He added that Plan B costs from $35 to $65 at local retail
pharmacies; the clinic provides this information to clients and also refers patients to Planned
Parenthood. In response to Commissioner Rademacher, Dr. Wallace said minors may come to the
County Health Clinics for family planning counseling. In response to Commissioner Conway, Dr.
Wallace said that to take advantage of donations to make certain services available at a lower cost
would require a voucher program. Monica Mika, Director of Finance and Administration, suggested
Planned Parenthood might be a better option for charitable giving.
a Commissioner Rademacher stated he was now willing to vote against accepting the Title X grant.
Commissioner Conway stated there are a lot of good things in this grant and turning it down could have
unintended consequences. Commissioner Freeman said although this is a controversial issue, the
entire Title X grant is federal money which provides a lot of needed services. Chair Garcia said several
themes come to light from the public testimony, such as poverty and violence - much larger issues than
this grant. He said he hoped everyone would consider what they can personally do to aid people in
poverty and support victims of violence, and noted that there are many charitable non -governmental
organizations in the community addressing these issues. He concurred with Commissioner
Rademacher's comment in the sense that the County does not provide food and clothing to the poor,
but seems expected to provide birth control options. He asked, rhetorically, if this is a necessary
function of government. He added that the health clinic provides many options, including abstinence
counseling, and it could affect the entire clinic's effectiveness to eliminate the grant funding. Chair
Garcia added that he while he supports approving the Title X, he does not support providing Plan B.
Commissioner Rademacher said his earlier comment was primarily intended to spur discussion; he
supports the grant, however, if Title X was primarily for birth control he would not. Commissioner
Rademacher moved to approve said contract without Plan B, in accordance with last year's resolution
language, and authorize the Chair to sign. The motion was seconded by Commissioner Freeman, and
Minutes, May 6, 2013 2013-1129
Page 9 BC0016
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 12:10 a.m.
BOARD OF COUNTY COMMISSIONERS
WELQJPlDINTY, COLORADO
ATTEST:
Weld County Clerktothe
BY: jafeiL�•
Deputy Clerk to the Boa
Sean P. Conway
nP
Mike Freeman
EXCUSED
Barbara Kirkmeyer
Minutes, May 6, 2013 2013-1129
Page 10 BC0016
To: Board of County Commissioners
From: Ron Bateman, Fire Chief
Date: May 6, 2013
Subject: ALS Update
• We have, as directed by the Board of County Commissioners, worked
aggressively towards establishing mutual aid with all potential
partners. Documents were submitted to TVEMS, UCH, and Banner
on Thursday, April 18, 2013. All involved parties had signed the
UCH agreement by close of business on the 18th and all involved
parties had signed the TVEMS agreement by close of business on the
23r'. I believe these documents were forwarded to Mr. Barker, but I
have brought a signed copy of each to be entered into the public
record. We do not have a signed agreement from Banner as of today,
May 6th.
• Another area of concern expressed at the April 15th licensing hearing
was the ability to service the unincorporated areas of the fire district.
It is my understanding that the area that lies east of Two Rivers
Parkway, within the Milliken Fire Protection District, was of
particular concern. I had our Operations Chief run response time data
for this area. The 90th percentile was 11 minutes for the first quarter
of 2013 and 12 minutes year to date. This data is nearly identical to
the well -designed performance based contract that we have with
UCH. System performance reports will be made available to the
public.
• We have been unable to find a time to connect with the dates provided
by Ms. Fuller. As I mentioned in an email on Friday, I have put the
BoCC on the IGA committee meeting agenda tonight at 1800 hours in
Milliken. I am also happy to put the BoCC on the MFPD and JFPD
Agendas (May 9th and 14th, respectively) if you so direct.
EXHIBIT
5 (o-(3'
Ztt3-\%Z
EMS MUTUAL AID AGREEMENT
This agreement, made and entered into this 18th day of April 2013, by and between
Thompson Valley EMS and Windsor -Severance Fire Protection Districts
Johnstown Fire Protection District & the Milliken Fire Protection District
WITNESS THAT:
WHEREAS, the agencies hereto maintain paid and/or volunteer emergency medical
services, together with personnel and equipment therefore; and
WHEREAS, it is, and will continue to be, to the mutual benefit of each of the agencies to
assist the other when necessary in providing additional emergency medical equipment and
personnel for the purpose of delivering pre -hospital patient care within the boundaries of the other
agency, and in turn to receive such assistance and
NOW, THEREFORE, in consideration of the premises and the mutual covenants,
performances and agreements hereinafter set forth, it is mutually understood and agreed between
agencies as follows:
1 DEFINITIONS:
1.1 The agency responding to a request within the boundaries of the other agency is
designated as the "answering agency".
1.2 The agency requesting aid under this agreement is designated as the "requesting
agency".
1.3 "Director" or "Chief' means the person responsible for the respective ambulance
service/company or his/her designated and authorized representative.
2 MUTUAL AID ASSISTANCE:
2.1 Each of the agencies agree to respond to the requests for assistance within the
boundaries of the other agency upon request of the requesting director at any and all
times, provided that it shall be entirely within the discretion of the director of the
answering agency as to what personnel and equipment shall answer such call and
whether or not, in any event, such call may be answered consistently with the safety
and protection of the citizens and property of said answering agency.
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2.2 Each of the agencies agree to answer calls of the other agency subject to the
approval of each call by the Director/Chief of the answering agencies set forth in
paragraph 2.1 above, without charge to the other agency, and with the express
understanding that
a. EMS personnel and equipment of said answering agency shall be
subject only to the liability, workman's compensation, and/or other
insurance of the answering agency. The equipment and employees of
the answering agency shall at all times be under the supervision and
control of the Director/Chief of said agency, or his/her designated
assistant.
b. The answering agency shall at all times remain under its own Treatment
Protocols.
c. The answering agency may bill, collect, and retain all receipts, if any are
received, from the patient or patients that are attended to and transported
by the answering agency.
3 ADDITIONAL PROVISIONS:
3.1 Any request for aid hereunder should include a statement of the amount and type of
equipment and personnel requested, and shall specify the location to which the
equipment and personnel are to be dispatched, however, the amount and type of
equipment and number of personnel to be furnished shall be determined by a
representative of the answering agency.
3.2 In the event that the request is to respond to a specific call at which the requesting
agency is present, the answering agency shall report to the person -in -charge of the
requesting agency at the location to which the equipment and personnel is
dispatched and shall coordinate all activities with that official. The resources or
facilities that are assigned shall be under the immediate supervision of the
designated person of the answering agency. This person shall coordinate all efforts
with the requesting person -in -charge.
3.3 For "stand by" requests, an answering agency will be released by the requesting
agency when the services of the answering agency are no longer required or when
the answering agency is needed within the area for which it normally provides
emergency medical care or other emergency public services.
3.4 The equipment and personnel of each of the agencies while engaged in performing
any mutual aid service activity or undertaking under the provisions of this
agreement, shall have and retain all rights, privileges and immunity of and be
deemed to be engaged in the service and employment of such agency,
notwithstanding that such mutual aid service is being performed in the response area
of the requesting agency or for and on behalf of the other agency.
3.5 If at any time the answering agency responds to a mutual aid call where the
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requesting agency is not at the scene, the answering agency will follow its own
Standard Operating Procedures and not those of the requesting agency..
3.6 Each agency waives all claims against the other agency for compensation for any
loss of or damage to equipment and for any loss, damage, personal injury or death
sustained by EMS personnel, which occurs as a consequence of the performance of
this agreement. Nothing herein shall be construed as a waiver of any immunity,
defense, or limitation afforded to Thompson Valley Health Services District under
the Colorado Governmental Immunity Act.
3.7 This agreement shall become effective upon the approval and signature by the
authorized representatives of the agencies hereto and shall continue until such time
as either agency gives sixty-day advance written notice to the other agency of its
intentions to terminate this agreement.
3.8 This agreement may be supplemented with various exhibits to be alphabetically
designated in chronological order of adoption and signed by the respective agencies.
These exhibits may set forth specific areas of first response, additional protocol, and
other communications and procedural matters.
3.9 As Operator, the PVH EMS Director's signature appears on mutual aid agreement
and Exhibit A as an indication of their understanding and acceptance this agreement.
IN WITNESS WHEREOF, the duly authorized representatives of the respective agencies hereto
have signed these presents of the dates respectively indicated.
Thompson Valley Health
Services District, d/b/a Poudre Valley Hospital
Thompson Valley FrI9IS /7 EMS
Chief
4- as -/3
Date
Director
'`I/8'!' 3
Date
Windsor -Severance / Johnstown
Fire Prot ion Di
ate
Milliken
e Protection District Fire Protection District
Fire Chief
IJ )l3
Date
Fire C "ef
Date
3
EXHIBIT A
EMS
MUTUAL AID AGREEMENT
In addition to the provisions set Korth in the attached mutual aid agreement, the following provisions
are understood and agreed upon.
4.0 The first agency to arri e on scene may cancel any or all other agencies, if the other
agencies' services are not required.
4.1 Each agency agrees to establish a common radio frequency and agrees to monitor this
frequency when responding in aid of the other. This will commonly be 800 MHz Mutual
Aid 1, but may be on another channel as assigned by dispatch.
4.2 In addition to provision 3.5, each agency agrees that patient destinations will be determined
by nearest hospital, patient choice, destination protocols, or on-line medical control
whichever is appropriate.
4.3 In addition to provision 3.5, it is understood that the first ambulance agency to arrive shall
take charge of and coord nate patient care. Each agency also agrees to coordinate its efforts
with the first arriving fire, ambulance, and law enforcement agency.
Thoj,y.on Valleys MS
Chief
Date
Windsor -Severance
Fire Protecti. District
Fire Chi
Poudre Valley Hospital
EMS
Director
Date
Johnstown
Fire Protection District
Fire Chief
l6� _(3.
4
Date
Milliken
Fire ProtecDistrict
Fire Chief
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