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Home My WebLink About20130640.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MARCH 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, March 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 Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Susan Brown Director of Finance and Administration, Monica Mika E MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of March 4, 2013, as printed. Commissioner Rademacher seconded the motion, and it carried unanimously. AMENDMENTS TO AGENDA: Chair Garcia added Certification of Hearings. 2 CERTIFICATION OF HEARINGS: Hearings conducted on February 27, 2013: 1) Action of the Board Concerning Appeal of Decision of the Department of Public Health and Environment Director to Deny the Application of Poudre Valley Hospital (PVH) EMS for an Ambulance Service License. Commissioner Rademacher moved to certify said hearing. Commissioner Conway seconded and the motion passed unanimously. PUBLIC INPUT: Priscilla Resendiz, County resident, presented a letter, marked Exhibit A, signed by 175 Weld County residents requesting that a public forum discussing the Plan B pill be placed on a future agenda. She stated that Plan B is a contraceptive which, according to scientific and medical research, cannot induce an abortion, and should be an option for women of all income levels. Chair Garcia noted that there has also been testimony of support for the Board's decision not providing Plan B expressed at previous meetings. He further stated the decision was made in July, 2010, there were three public meetings to discuss the matter, and the purpose of the change was to not endanger Title X federal family planning funding, adding that a requirement that emergency contraceptive services are available is met by providing a list of local resources and referrals. Ms. Resendiz said that the purpose of Title X is to provide contraception for people with low-income and limited opportunities, Minutes, March 6, 2013 2013-0640 Pagel BC0016 versus sending people to stores to buy the Plan B. Ms. Resendiz said she does not feel many people were paying attention back in 2010, when this was passed, and added that there should be another opportunity to publicly discuss it. Commissioner Conway thanked her, and all the other Weld County residents, for coming and participating. Chair Garcia added that the Board would contact Ms. Resendiz when the Title X funds are being renewed. • Doug Meyer, County resident, thanked Sheriff John Cooke for his stance on the gun control issues, and spoke about illegal immigrants. He also stated his support for the Commissioners stance on Plan B. va Sue Zamora, County resident, spoke in response to previous public comments, stating her belief that pregnancy should be a choice and mentioned the economic cost of unwanted children. She also stated that people who are the `working poor' are struggling to meet the needs of their families and related two stories from her personal experience. She said the purpose of Title X is that every woman, no matter what her economic level, should be allowed to make her own decisions about family planning. • Lory Bendickson, County resident, noted her inability to locate all of the pertinent minutes from 2010 and asked for the dates of the meetings. She also mentioned Doctor Wallace's testimony at that time to the effect that the County still had some Plan B on the shelves. Chair Garcia clarified there was a meeting in May and two in July, 2010. aJoe Perez, County resident and veteran, spoke in favor of stricter gun control in regard to the killing capacity of high capacity magazines and the need for background checks. He said he would like to have more discussion with the Board on the need for these weapons. • Lesley Manring-Borchers, in reply to earlier public comments, stated that according to the Department of Immigration in Denver, undocumented workers currently commit less than 1 percent of the crimes in Colorado. • Beth Danielson, 40 -year Weld County resident, also spoke about Plan B and asked the Commissioners to reconsider their stance and have a public discussion of the medical and social implications. • Loretta Scott, County resident and teacher, stated she works to raise the status of women and children, many are women working one or two jobs, and a lot of women don't get ahead economically because of unwanted pregnancies. She also expressed concern that many pregnancies are the result of incest and child rape and could be prevented by Plan B. She spoke in support of sex education about date rape, and she also said that Plan B should be available to every woman, regardless of economic status. a Meg Spencer, County resident, said Title X funding is not impacted by Plan B, because it is simply a double dose birth control pill. She said that government should make informed decisions based on science, that this is a public health issue, and that a woman working two jobs on minimum wage does not have the time to go find alternative birth control. • Tannis Bator, County resident, asked how much public interest would be required to reopen a discussion about Plan B and said young girls raped by adults and family members should not have to bear a child. She added that she would like this topic to be addressed as soon as possible. Minutes, March 6, 2013 2013-0640 Page 2 BC0016 Commissioner Rademacher said when the grant comes back for renewal around July, this topic will be discussed and the public will be provided as much notice as possible. El I Hollis Berendt, County resident, asked why this can't be considered now. Chair Garcia stated that this rule has been in place since 2010, and there has not been public concern until now. Ms. Berendt asserted the issue was not in the Greeley Tribune. aOlivia Martinez, County resident and UNC student, asked the Board for a specific date to have this issue on the agenda. Ms. Bendickson provided the dates of the minutes previously discussed, which were May 24, 2010, July 12, 2010, and July 14, 2010. all Doug Fairweather, new County resident, expressed surprise that so many people were unaware of this issue and asked why it was not published. Chair Garcia replied that the Tribune is provided with the agendas ahead of time and there is usually a reporter present at the meetings. Commissioner Kirkmeyer added that the Commissioners follow State notification statutes, as well as allow for public comment every Monday and Wednesday morning. Commissioner Conway said information is also available on the Weld County website, as well as from the Clerk to the Board's office for those citizens who have questions about scheduling and specific issues of concern. a Ann LaPlante, County resident, expressed concern with the generic nature of some listings on the Agenda, which may obscure an issue of concern to the public, and said it is important to people of limited means that this be considered now. El Reverend Sylvia Falconer, Unitarian Universalist Church, reported her research findings concerning Plan B and asked the Commissioners to explain why they are against it. Vicki Anderson, County resident and school teacher, explained that she reports instances of child sexual abuse and said it is impossible for these children to plan ahead or take personal responsibility, and all the possibilities need to be considered when discussing impregnation. She requested a prompt hearing on this matter and thanked the Board for respectfully listening to alternate viewpoints. Walter Fanning, County resident, spoke regarding the agenda 'line items', and felt there was nothing on the 2010 agendas that indicated that these changes were going to be decided. In response to Commissioner Conway, he said the line items should be listed with more specific language about anything that might be an issue that the public is interested in. a' Kelley Meck, County resident, said Weld is one of only two counties in the country to have taken this action and asked what the justification and motivation of the Board was in taking this action. Chair Garcia indicated his primary concern is good allocation of County funds. Commissioner Kirkmeyer, expressed that the Board can decide to take up this topic at a later date, but that public comment at a business meeting is not an appropriate question/answer forum, but there are other opportunities to ask Commissioner's questions, and she added that the public comment has been utilized by County residents in favor of not offering Plan B as well. Commissioner Conway thanked everyone for taking their valuable time to participate in Democracy, and Commissioner Kirkmeyer said that the public would be provided with as much notice as possible before the matter was discussed again in a public forum. Minutes, March 6, 2013 2013-0640 Page 3 BC0016 aCONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. PRESENTATIONS: ra 1) RECOGNITION OF SERVICES, SHERIFF'S OFFICE - MONTY LEMLEY: Chair Garcia read the certificate for the record. Sheriff John Cooke spoke about Mr. Lemley's years of service from February 16, 1984, until his retirement March 1, 2013. Commissioner Conway said "there is no more honest, decent, nice guy" than Mr. Lemley. Commissioner Rademacher concurred, and wished Mr. Lemley the best of luck. Commissioner Kirkmeyer and Commissioner Freeman concurred, and Chair Garcia also thanked Mr. Lemley. Mr. Lemley said the County Commissioners and the Sheriff's Office are the cornerstones of Weld County and thanked all the staff he's worked with over the years. He also thanked his family for their support. LM COMMISSIONER COORDINATOR REPORTS: Commissioner Conway reported that he and Commissioner Kirkmeyer traveled to Washington, D.C., where they discussed Oil and Gas and did some resolutions on Public Lands; they met with Congressman Cory Gardner, who was successful in getting watershed restoration funds from the Federal Emergency Watershed Protection program, and Commissioner Conway thanked him for his hard work protecting water resources endangered by recent wildfires. Commissioner Kirkmeyer added that Congressman Gardner is also assisting Weld County with getting Federal Communications Commission (FCC) licenses for our communications towers. She also spoke with members of the Public Safety Steering Committee and expressed her concern about a proposed reduction of the Emergency Management Performance Grants. She also talked with the Federal Emergency Management Agency about getting funding directly to county government, as well as with the Department of Justice about the availability of additional grant funds to benefit the Crime Lab. Commissioner Freeman thanked them for representing Weld County and Colorado so well. Commissioner Rademacher concurred. Commissioner Rademacher and Commissioner Freeman reported that they went to the Big Thompson Watershed Meeting, where they attended a program on nutrient management and a good debate on fracking. Commissioner Conway thanked Governor Hickenlooper, for his response to another Colorado community that banned fracking. Chair Garcia reported he was a judge at UNC sponsored History Day, where he was judging papers orally presented by freshmen and sophomore High School students. BIDS: _='' 1) APPROVE BID #B1300033, CHIP SEAL AGGREGATE - DEPARTMENT OF PUBLIC WORKS: Trevor Jiricek, Director of General Services, reviewed staff's recommendation to accept the low bid from L.G. Everest for the North and South supply. Commissioner Rademacher moved to approve the bid as recommended by staff. Commissioner Conway seconded the motion, and it carried unanimously. 2) APPROVE BID #61300041, WINDOW CLEANING - DEPARTMENT OF BUILDINGS AND GROUNDS: Mr. Jiricek reviewed staff's recommendations to accept the low bid from the Squeegee Squad. Commissioner Conway moved to approve the bid as recommended by staff. Commissioner Freeman seconded the motion, and it carried unanimously. 3) APPROVE BID #B1300046, TRAFFIC PAINT AND BEADS - DEPARTMENT OF PUBLIC WORKS: Mr. Jiricek reviewed staff's recommendations to accept the low bid from Vogel Paint and Wax for yellow and white traffic paint, and the low bid from Potter Industries for the glass beads. In response to Conway, Mr. Jiricek outlined the details and total expenditure. Commissioner Conway Minutes, March 6, 2013 2013-0640 Page 4 BC0016 moved to approve the bid as recommended by staff. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. 4) PRESENT BID #B1300063, PANELS AND GATES FOR THE FAIR - EXTENSION OFFICE: Mr. Jiricek reviewed the bid, with 10 vendors, and pointed out that staff solicited local businesses, but unfortunately they could not provide the quantities requested. Commissioner Conway responded to this and thanked staff. NEW BUSINESS: 1) CONSIDER BYLAWS FOR THE CRIMINAL JUSTICE ADVISORY COMMITTEE AND AUTHORIZE CHAIR TO SIGN: Doug Erler, Director of the Department of Justice Services, presented on behalf of the Criminal Justice Advisory Committee, and said that Judy Griego, as the Human Services representative, was approached to serve, but she did not have the time. He recommended approval of the bylaws as presented and designate the Justice Services Division to provide support services. Commissioner Freeman asked if Human Services would have an ex -officio member and Commissioner Kirkmeyer noted Social Services can attend at any time if they need to be there. She wondered if a residency requirement should be in the bylaws, along with the term limits. Bruce Barker, County Attorney, said those requirements do come into play. Commissioner Conway suggested that Article III, Item C, be amended to add the following "however, all appointments must be in accordance with the terms and conditions set forth in the Weld County Home Rule Charter". Commissioner Conway made a motion to amend the bylaws, and, seconded by Commissioner Kirkmeyer, it carried unanimously. Commissioner Kirkmeyer moved to approve said bylaws, as amended, and authorize the Chair to sign. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 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 10:28 a.m. BOARD OF COUNTY COMMISSIONERS WELI2 CQI.J�VTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Dep ty Cler he Boa William F. Garcia, Chair ouglas Radern cher, Pro-Tem dean P. Conway c 0 i Lr<- 1-4. — Mike Freeman / arbara Kirkmey Minutes, March 6, 2013 Page 5 2013-0640 BC0016 G ce O O w re ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF MARCH, 2013: PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip ^`^3 ✓ 2� J ‘k.,..);(1-3 �MMM € Chi , II 323 -ai a.4C1ce.± , tit) ttn,LSJN, (U 5 o t r� 7 V �i Le'v, \ J-% i t `` CJ ` 6)__ 1 G0 (n I Nei b M � v �� _.ci;Cc 1. -t �D � 'A) 7%( s� r te , John Doe .S /,.VIA fALc:.f4iit R s L V 4 ltd& I ems\ kz - '7 ( a1 Q ''�`�� :l iY v� !� la g .-- _ e r �I � 4� ''J '-- b � ,, JJ J ci.„.„41,4 i " J i � a lJ 0 O U w ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF MARCH, 2013: N N C) a R • 0 c R d E R c 0 Y C a I- O Y 3 a , d ct w w J a 123 Nowhere Street, City, State,,Zip V` J Fy V 5- J -'2 rq ' & Q ' 9 )3 % Qcc V ' e:. �� s 0 _ Q M T/ (0 (Y) LIB p� `,.C) U Do 1v 7 , n �^ NAME )_ I?- 0 C Ieri y; -... %. ::: „A ...,---, \-. , Q„ ._D d , r_ 6 ._ re \..c.,k.__L aqt N \,5) 2 0 � ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 6TH DAY OF MARCH, 2013: PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip Cam a,24 ��, / % Q:-__ LO a CtJ d } s � ? » . \' y ? 3), g \ • % G % o� RA) hr. greelegy . ;7©65V w ® %-::.3 • \ 6 . .. \ .. : y . . . . ° . % C � < > cv -I % \ J ® f y % . . . . John Doe ' c, / d. �( / ----) 5 z z f.i� : » �� February 18, 2013 Weld County Commissioners: We ask that you ALLOW a PUBLIC FORUM on your July 2010 decision to stop dispensing Plan B, also known as the morning after pill, in Weld County health clinics. We ask that this issue be placed on the agenda for a future meeting so residents of this county may have their voices heard and that the most up to date medical testimony and research regarding Plan B becomes part of the public record. The SCIENTIFIC EVIDENCE is clear, Plan B is a contraceptive and it DOES NOT induce abortion. In March of 2012, the International Federation of Gynecology and Obstetrics issued an Emergency Contraception Statement which stated that emergency contraception pills "Impair ovulation" and "Do not inhibit implantation." We believe that Plan B should be made available again to patients in Weld County clinics and that access to this SAFE and EFFECTIVE contraceptive be an option for women of all income levels. Thank you for taking the time today to participate in a conversation with your constituents. Sincerely, Weld County Residents EX IBIT a 200 — b 640 Complete Address /310 Z7S'7z C -r5/ Gc7 C‘3 1 143. eZ3tPe_ 3 , Or 1-) G ,J -4. No 4,, k ,.e_i__ t ..,(-(3 4 b 6 A (S) li c a ::)) ..i J [ 4 \`b^41' iU . Q ,� -- C C Ct 1 q.NI.% 1 Signature Print Name i E 71 1 _\A r}� Complete Address V Q ,,.. v -' O y (.,.. r, v i aJ qc —5 0 l f, ._i.) U og, ''' r c'''' k xt 1 .N. N'' J y -.., `-\,.)' \3 0 Signature , A, . ,_. [ 4 k , 4 , .,„, \.„, , ,_ mi _.s - , Print Name cr . (? 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