HomeMy WebLinkAbout20130189.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JANUARY 14, 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, January 14, 2013, at the hour of 9:00 a.m.
El 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/Susan Brown
Director of Finance and Administration, Monica Mika
Fl MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of January 9, 2013, as printed. Commissioner Conway seconded the motion,
and it carried unanimously.
El CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on January 9, 2013, as follows: 1) USR12-0066 — Lewis and Sedonia Herrera, do
DCP Midstream, LP 2) USR12-0061 — Russell Justice and Julee Reynolds, and 3) USR12-0070 —
Wells Ranch. Commissioner Conway seconded the motion, which carried unanimously.
Fl AMENDMENTS TO AGENDA: There were no amendments to the agenda.
Fl PUBLIC INPUT: No public input was given.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
E9 PRESENTATIONS: RECOGNITION OF SERVICES, SHERIFF'S OFFICE — RICK DILL: Chair
Garcia read the certificate recognizing Rick Dill for his many years of service and outstanding
dedication. John Cooke, Sherriff, reviewed all of the positions filled by Mr. Dill through the years and
thanked him for the value of his institutional knowledge. Each of the Board members shared
sentiments and expressed thanks for his contributions. Mr. Dill thanked all of the people he worked with
through the years and expressed his admiration for the changes in service since he began his career,
both institutionally and technologically.
Minutes, January 14, 2013 2013-0189
Page 1 BC0016
e BIDS:
1) PRESENT BID #B1300001, PATROL VEHICLES - FULL SIZED - SHERRIFF'S OFFICE: Trevor
Jiricek, Director of General Services presented the vendors and stated the matter will be brought back
before the Board on January 28, 2013, after a work session.
L 2) PRESENT BID #81300003, BACKHOE-4WHL DR EXTENDABLE BOOM - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be brought back
before the Board on January 28, 2013.
e 3) PRESENT BID #B1300004, 29 TON PNEUMATIC TIRE ROLLER COMPACTOR -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be
brought back before the Board on January 28, 2013.
El 4) PRESENT BID #B1300005, TRACK MOUNTED HYDRAULIC EXCAVATOR - DEPARTMENT
OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be brought back
before the Board on January 28, 2013.
El 5) PRESENT BID #B1300006, ARTICULATING WHEEL LOADER - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek presented the vendors, one from Georgia, and stated the matter will be brought
back before the Board on January 28, 2013.
El 6) PRESENT BID #B1300007, MOTORGRADERS - DEPARTMENT OF PUBLIC WORKS:
Mr. Jiricek presented the vendors and stated the matter will be brought back before the Board on
January 28, 2013.
ID 7) PRESENT BID #81300008, TANDEM AXLE MULTIPURPOSE TRUCKS - DEPARTMENT OF
PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be brought back before
the Board on January 28, 2013.
E5 8) PRESENT BID #B1300009, 3 AXLE TRUCK TRACTOR (LNG) - DEPARTMENT OF PUBLIC
WORKS: Mr. Jiricek presented the vendors and stated the matter will be brought back before the Board
on January 28, 2013.
Fl 9) PRESENT BID #B1300010, TANDEM AXLE TANK TRAILER W/DUST PALLIATIVE SPRAY
SYSTEM - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the
matter will be brought back before the Board on January 28, 2013.
El 10) PRESENT BID #B1300011, 50 TON HYDRAULIC DETACHABLE GOOSENECK REAR
LOAD TRAILER - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated
the matter will be brought back before the Board on January 28, 2013.
El 11) PRESENT BID #B1300012, 1 TON 4X4 FULL SIZE EXTENDED CAB, DIESEL PICKUP -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be
brought back before the Board on January 28, 2013.
Fl 12) PRESENT BID #61300013, SINGLE AXLE TRUCK W/DISTRIBUTOR TANK -
DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek presented the vendors and stated the matter will be
brought back before the Board on January 28, 2013.
Minutes, January 14, 2013 2013-0189
Page 2 BC0016
e NEW BUSINESS:
1) CONSIDER CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE THE CHAIR
TO SIGN - LUTHERAN FAMILY SERVICES ROCKY MOUNTAINS: Judy Griego, Director of
Department of Human Services, explained the agreement, which is at the same funding level as last
year. Commissioner Rademacher moved to approve the agreement and authorize the Chair to sign.
Commissioner Freeman seconded the motion, and it carried unanimously.
e 2) CONSIDER TWO (2) AGREEMENTS FOR SERVICES WITH VARIOUS PROVIDERS AND
AUTHORIZE THE CHAIR TO SIGN: Mr. Griego described the terms of these agreements.
Commissioner Conway moved to approve the agreements and authorize the Chair to sign.
Commissioner Rademacher seconded the motion, and it carried unanimously.
ID 3) CONSIDER HIPPA BUSINESS ASSOCIATE ADDENDUM (EXHIBIT B) AND AUTHORIZE
THE CHAIR TO SIGN: Ms. Griego explained the provisions of the addendum to account for additional
funding. Commissioner Freeman moved to approve the associate addendum and authorize the Chair
to sign, and Commissioner Rademacher seconded the motion, which carried unanimously.
El 4) CONSIDER UNIT AGREEMENT FOR KUMMER EXPLORATORY STATE UNIT COVERING
CERTAIN PROPERTY OWNED BY WELD COUNTY, COLORADO, AND AUTHORIZE CHAIR TO
SIGN - NOBLE ENERGY, INC.: Stephanie Arries, Assistant County Attorney, confirmed there is an
existing lease, and Dave Bauer, Director of Department of Public Works, explained the provisions of a
Unitization Agreement and the effects of pooling to Weld County, including a 20% royalty interest. He
responded to questions from the Board regarding the consolidated drill site and haul routes.
Commissioner Rademacher moved to approve the unit agreement and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El 5) CONSIDER 26 APPOINTMENTS OF DEPUTY DISTRICT, SENIOR DEPUTY, CHIEF
DEPUTY, AND ASSISTANT DISTRICT ATTORNIES AND AUTHORIZE CHAIR TO SIGN - JENNA
ELLIS, JOSCELYN GORSLINE, KATIE CONNER, MANUEL PELLICER, SADIE MEDRANO,
KATHERINE MESTAS, DAVID SKARKA, BRENNA BRACKETT, LEVIY JOHNSON, CHRISTOPHER
JEWKES, LISEL THOMPSON, GARRIK STORGAARD, CALLAN RIEDEL, TATE COSTIN, RYAN
FARR, MICHAEL ROURKE, ROBERT MILLER, STEVEN WRENN, ANTHEA CARRASCO, BENJAMIN
WHITNEY, ANTHONY PEREA, SARAH BOUSMAN, KATHRYN REED, ARYNN CLARK, AUDREY
GALLOWAY, AND CHRISTIAN SCHULTE: Commissioner Conway moved to approve the
appointments and Commissioner Freeman seconded the motion. It carried unanimously.
Fl 6) CONSIDER VETERANS SERVICE OFFICERS MONTHLY REPORT AND CERTIFICATIONS
OF PAY FOR DECEMBER, 2012: Toby Taylor, Veteran's Officer, and David Fry, Veteran's Services,
reviewed the monthly Veterans report, indicating a steady flow of visits and referrals, commended the
work of the staff, and recommended approval. The Board thanked Mr. Fry for his work and asked him
to forward any thoughts or ideas about additional services. Commissioner Kirkmeyer moved to
approve the report and certification and authorize the Chair to sign. Seconded by Commissioner
Conway, the motion carried unanimously.
El 7) FINAL READING OF CODE ORDINANCE #2012-14, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD COUNTY
CODE: Commissioner Rademacher moved to read Code Ordinance #2012-14 by title only.
Commissioner Conway seconded the motion, which carried unanimously. Bruce Barker, County
Attorney, read said title for the record, confirmed there have been no changes since the last reading
Minutes, January 14, 2013 2013-0189
Page 3 BC0016
and gave a summary of the ordinance's purpose. El Commissioner Conway presented a map of
Weld County, supplied by the County Clerk and Recorder, which he reviewed for the record. He
reiterated that the code change only applies to the unincorporated part of the County in regard to
growing and selling marijuana and does not affect municipalities. He noted that other municipalities are
adopting similar code changes. Commissioner Rademacher clarified the scope of the code change.
IR Joanne Mayes, Gilcrest Resident, read an article titled "Why not use hemp to reverse the
greenhouse effect and save the world?" into the record. She requested the Board consider including a
provision that this language will be reconsidered if classification of Marijuana/Hemp is changed.
Commissioner Kirkmeyer commented that the language follows federal law; it proactively puts
regulations in place for the benefit of the public, and is subject to change in the future to remain
consistent with federal law. Ms. Mayes reiterated hemp's many valuable uses. Commissioner Conway
commented regarding the legality of the issue and the lack of market for hemp at this time, and added
that the Weld County Code is reviewed annually and changed in accordance with many factors,
including state and federal law. Commissioner Conway also mentioned that Bob Winter, of the Weld
County Farm Bureau, had been looking into hemp for several years, and the cost of production is
currently more than the market value. El JD Roybal, County Resident and farmer, asserted that
Amendment 64 allows for the industrial growing of hemp, and pointed out that this is a plant that
survives well in drought. He expressed his belief that hemp is a marketable crop in other places.
Commissioner Conway stated the Federal government still maintains that Hemp is an illegal crop,
subject to raids, and until that law is changed it remains a major obstacle. Fl Commissioner
Rademacher moved to approve Code Ordinance #2012-14 on final reading. Commissioner Conway
mentioned a meeting with the Weld County Tobacco Free Coalition and relayed their concern about the
consequences of Amendment 64 and their support of the code change. Commissioner Kirkmeyer said
that if something does happen at the State and Federal levels, the Board will revisit the code.
Commissioner Rademacher's motion to approve was seconded by Commissioner Conway, and, there
being no further comments, the motion carried unanimously.
El 8) SECOND READING OF CODE ORDINANCE #2012-15, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF
THE WELD: Commissioner Rademacher moved to read Code Ordinance #2012-15 by title only.
Commissioner Conway seconded the motion, which carried unanimously. Mr. Barker read said title for
the record and stated certain changes have been proposed. He referred first to discussions with
Attorney, Richard Lyons, and proposed a revision to the definition of "Primary Care" and provided a
copy of this change in language to the Board, marked Exhibit I. Commissioner Kirkmeyer proposed
using the definition of "Primary Care" approved by the State Health Department. Mr. Barker and
Commissioner Rademacher proposed refining language. Commissioner Kirkmeyer stated she would
not recommend going to Title 32 Districts out of concern for duplicating services.
El Commissioner Kirkmeyer also said the Board talked with Fire Chiefs last week and agreed to put
in additional language, under Section 7-2-100 Approval of the Application, adding an additional #5.
Council. Commissioner Conway stated he strongly supports Commissioner Kirkmeyer's language, per
recommendations from the meeting with the Fire Chiefs. He stated that the EMS Council's mission
should be re-evaluated and clarified and clarified service providers should be municipal and fire
protection districts as opposed to "special districts". Chair Garcia stated that these changes are in
accordance with the wishes of the Fire Chiefs and other commentary received. Commissioner
Kirkmeyer supported Commissioner Conway's concerns in noting that the bylaws for the EMS Council
haven't changed in over 10 years, and need to be updated, but said their mission statement is
sufficiently broad.
Minutes, January 14, 2013 2013-0189
Page 4 BC0016
L Ron Bateman, Fire Chief of the Milliken and Johnstown Fire Protection Districts, thanked the
Commissioners for working with them on revisions to the language and added that any revisions at the
local and special district level that compromises their ability to provide effective and efficient
ermergency response would be strongly objected to. He stated Windsor, Johnstown and Milliken still
stand in opposition to the ordinance as it is currently worded. He would support the use of "Special
District" or "Ambulance District" over just "Fire Protection District". Commissioner Kirkmeyer reiterated
that if this code change is not passed Weld County would not be in compliance with State regulations
regarding ambulance licensing, and this would cause difficulties in ambulance transport and licensing
and jeopardize public health and safety.
ID Damon Burg, Councilman for the City of Johnstown, reviewed his other qualifications. He urged
the Board to make the code better than it currently is. Commissioner Kirkmeyer stated that the purpose
of these changes is to make the code better and to provide the best service for all of Weld County's
citizens. Mr. Burg concluded by asking the Board to listen to the Fire Protection Districts.
IEl Commissioner Conway referenced last Wednesday's meeting with 13 different fire districts, and
others, and noted that the final (third) reading can be continued if the ordinance needs further revision
and work, but also noted that there are several upcoming work sessions about making improvements.
El Dick Lyons, Longmont Attorney, stated that he was representing four of the fire districts, and asked
the Board to examine how the different tiers affect all of the different service providers, including non-
governmental service providers. Mr. Lyons said the districts were worried that they would be precluded
from using anyone for back-up or transfer, except those that have contracts or a primary base in Weld
County. He also stated a preference for a broader definition of "Special District". He endorsed
postponing the final reading until all affected parties are in agreement. Chair Garcia noted that the final
hearing date in the Agenda should be corrected to reflect "February 4" instead of "February 5".
Commissioner Kirkmeyer clarified that the Ordinance only reflects those sections being changed, not
the Code chapter in its entirety. El Commissioner Rademacher objected to language referring to
limiting contracts to those with a primary base in the county and voiced his understanding that the third
tier licensing is geared toward providing emergency services at an event. The Board discussed the
definition of "stand-by". Commissioner Rademacher asked if a municipality has statutory authority to
abrogate their authority to contract to the Fire District. The Board discussed this issue. Commissioner
Kirkmeyer reiterated the Board's dedication to working out the language, but she does not support a
continuance of the final hearing. Commissioner Kirkmeyer, Mr. Barker and Mr. Lyons discussed the
limitations of the current code and state regulations.
le Tom Beach, Fire Chief, Southeast Weld Fire District and President of Weld County Fire Chiefs
Association, spoke regarding a desire to make arrangements and agreements with ambulance services
headquartered outside Weld County. He stated his appreciation for the meeting last week, but
requested a continuance for the final reading until the code changes have been reviewed to make sure
the service is efficient, effective and responsible. El Commissioner Conway stated that he was not
opposed to a continuance of the matter, although there are three weeks before the next reading, and
he also asked for further suggestions from Chief Beach. After further discussion, Chief Beach agreed
to future meetings on this topic.
Commissioner Rademacher expressed support for continuing the third reading, and stated that he does
not support the "primary base in Weld County" language. Commissioner Kirkmeyer concurred, and
stated that if the language is not adequate at the third reading that the matter will be continued.
Minutes, January 14, 2013 2013-0189
Page 5 BC0016
e Carl Kragel, Chief Paramedic for Platte Valley Ambulance Service in Brighton, gave a brief history
of providing ambulance service in Southern Weld County, and stated that the "base of operations"
language is a concern for his organization, as they do not have a base of operations in Weld County,
but are strategically positioned in Brighton in terms of proximity to Weld County. He also mentioned
concerns over the section in the ordinance that refers to "call jumping". Commissioner Kirkmeyer
agreed with Chief Kragel that the mutual aid agreements need to be checked, and also referred to
incidents where multiple agencies show up to an emergency call. She also noted the importance of not
substantially changing established relationships. She asked Chief Kragel to attend upcoming
discussions.
Commissioner Kirkmeyer asked to hear from the Flight for Life representatives. El Dan Beckle, Air
Life, spoke to the issue of State licensing of air emergency services as of a few years ago. He said that
changes like these are difficult but can be achieved, and said there are always financial concerns.
Commissioner Kirkmeyer thanked him for his insights. Chair Garcia recessed the matter for five
minutes. El Upon return, JD Roybal, County resident, thanked the emergency responders for their
efforts on behalf of the citizens of Weld County. Fl Following extensive discussion, in Section 7-1-30
of the code, the definition of "Primary Care" was amended to mean "the initial response and care for
emergency medical services, by an ambulance service whose primary base of operation is located in
Weld County, or who has a contract or agreement with Weld County, a Weld County municipality, or a
district operating within Weld County, to provide emergency medical services." Commissioner
Rademacher motioned to amend this section accordingly. The motion was seconded by Commissioner
Freeman, and it passed unanimously.
Following extensive discussion, Section 7-2-10, License for Ambulance Services, the last sentence was
altered to read: "Persons or firms seeking application and approval of any ambulance license under this
Chapter acknowledge that Weld County, a Weld County municipality, or a district operating within Weld
County, may contract with specific ambulance service provider(s) which will serve their emergency
ambulance needs." Commissioner Kirkmeyer moved to amend the language accordingly. Seconded by
Commissioner Radmacher, the motion passed unanimously.
Following discussion, in Section 7-2-100, Approval of Application, language was amended to read, "4)
Any agreement or contract to provide primary care in Weld County. 5) The recommendation of the
Weld County EMS Council as to whether or not the issuance of the license will contribute to an efficient,
effective, and coordinated emergency medical response to the residents of Weld County."
Commissioner Kirkmeyer moved to include the language. The motion was seconded by Commissioner
Freeman, and it passed unanimously. El Commissioner Kirkmeyer moved to approve Code
Ordinance #2012-15, as amended, on second reading. The motion was seconded by Commissioner
Rademacher and carried unanimously. Commissioner Rademacher brought up the need for a clearer
definition of stand-by services. Mr. Barker said the current language has a definition which should be
checked for consistency with practices in the field. Commissioner Freeman stated there are still a
number of questions to be addressed before the final reading. Commissioner Conway thanked
everyone for their contributions to making the ordinance better, and stated there will be adequate time
to meet and make necessary changes before the February 4th reading. Chair Garcia agreed, and
thanked Mr. Roybal for his comments before calling the meeting to a close.
El RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on
the Consent Agenda. Code Ordinance #2012-14 was approved on final reading, and Code Ordinance
#2012-15 was approved on second 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, January 14, 2013 2013-0189
Page 6 BC0016
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ATTENDANCE
HEARINGS ARE AS FOLLOWS ON THIS 14th DAY OF JANUARY, 2013:
PLEASE legibly write or print your name and complete address.
ADDRESS
123 Nowhere Street, City, State, Zip
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There being no further business, this meeting was adjourned at 11:43 a.m.
ATTEST:
Weld County Clerk to the Board
to the Board
Barbara Kirkmeyer
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Garcia, Chair
Minutes, January 14, 2013 2013-0189
Page 7 BC0016
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