HomeMy WebLinkAbout20131258.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 22, 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 22, 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 — EXCUSED
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
• MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of May 20, 2013, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
• AMENDMENTS TO AGENDA: There were no amendments to the agenda.
• PUBLIC INPUT: Krist Mathisen, County resident, stated his father is in a nursing home
suffering from dementia, and gave a brief history of difficulties getting his dad approved for Medicaid,
including working with the Weld County Department of Human Services. He indicated deep concern
that the Medicaid application was delayed, despite being initially approved, and said private funds to
take care of his father's medical needs had been spent down in order to qualify for Medicaid, and his
father is in immediate danger of eviction from the facility. Jill Heath, County resident and Business
Office Manager, said that upon admission to her facility in February it was indicated by the State of
Colorado that long-term care Medicaid had been approved for the elder Mr. Mathisen, starting in
April 24, 2013. She said she was told there were issues with the case at the County level (some
apparently computer system related), and the Department indicated it was unable to give a date of
resolution. She said, speaking as a citizen, this is wrong for our elders, because this person needs
care. Commission Freeman indicated he had not yet heard anything about this case but would attempt
to resolve the issue. Commissioner Kirkmeyer stated she was asking Judy Griego and John Kruse,
from the Department of Human Services to come over immediately to discuss, and hopefully resolve,
the matter. Commissioner Kirkmeyer said in the last two weeks the Board was advised on all the
Medicaid issues going on and authorized $400,000 to hire additional staff to help resolve these
problems. She noted there are a lot of old and new rules coming from the State and Federal level
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causing delays and problems. Mr. Mathisen added that this is not an isolated incident; these cases are
happening in a lot of facilities because of this same issue.
Doug Meyer, County resident, spoke in opposition to the proposed Endangered Species Act listing
of the Greater Sage Grouse because of negative effects on agriculture and oil and gas interests in 11
western states. He shared a letter from the group American Stewards of Liberty in regard to Garfield
County, Colorado's approach to this issue (entered into the record as Exhibit A to the minutes). He
stated these listings are the result of pseudoscience with an agenda to place restrictions on landowners
and also addressed the issue of coordination.
• CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Freeman seconded the motion, and it carried unanimously.
• PROCLAMATIONS:
1) MEMORIAL DAY - MAY 27, 2013: Chair Garcia read the proclamation commemorating members of
the armed services who gave their lives protecting our country into the record and invited the public to
attend a Memorial Day ceremony at Linn Grove in Greeley, on Monday at 9:00 a.m.
COMMISSIONER COORDINATOR REPORTS: Commissioner Kirkmeyer reported on the Child
Welfare Allocation Committee, saying that it appears that Weld County's allocation will remain constant
for this next year, and with performance incentives that amount could increase. She also shared that
Weld County will be hosting three workshops to talk about the 500 foot oil and gas set -back rule, with
the Department of Planning and the Extension Office's participation. The first meeting will be June 8, at
10 a.m., the second on June 11 at 2:30 p.m., and the third on June 12, at 6:30 p.m. El Commissioner
Rademacher reported that he and Chair Garcia attended a debut of Haliburton's newest generation of
fracking vehicles and equipment. El Commissioner Freeman reported that he had the honor of
representing Weld County during the Accelerate Colorado meeting in Washington, DC, listening to
speakers and meeting with elected representatives on matters of importance to the County, such as
water issues and fracking regulations. aChair Garcia reported on his attendance at the Business in
Action Forum at the Small Business Development Center. He added that he and Monica Mika, Director
of Finance and Administration, met with representatives of the Colorado Procurement Technical
Assistance Centers, to discuss and compare procurement rules and methods.
El BIDS:
1) APPROVE BID #B1300111, OXYGEN, ACETYLENE AND VARIOUS GASES - PUBLIC WORKS,
BUILDINGS AND GROUNDS, SHERIFF'S OFFICE, HEALTH DEPARTMENT: Trevor Jiricek, Director
of General Services, reported that staff recommended the overall low bid from Airgas USA, LLC. He
also clarified that the Northern Colorado Regional Crime Lab should be listed instead of the Sheriff's
Office. Commissioner Rademacher moved to approve said bid. The motion was seconded by
Commissioner Freeman, and it carried unanimously.
• NEW BUSINESS:
1) CONSIDER AMENDMENT #1 TO TASK ORDER CONTRACT FOR NURSE HOME VISITOR
PROGRAM AND AUTHORIZE CHAIR TO SIGN: Debbie Drew and Barbara Francisco, Public Health
and Environment — Nursing Division, recommended approval. Commissioner Kirkmeyer said Weld
County is very proud of this program. Ms. Drew invited any of the Commissioners to come on a ride
along with one of the home health nurses. Commissioner Kirkmeyer moved to approve said
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amendment and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion
carried unanimously.
• 2) CONSIDER APPOINTMENT OF CLAUD HANES TO THE BOARD OF TRUSTEES OF THE
HIGH PLAINS LIBRARY DISTRICT: Commissioner Kirkmeyer relayed that, as the representative of the
County on the nominating committee, interviews with three people were held and the committee was
unanimous in its selection of Claud Hanes, and it will be meeting again in the near future to fill an
additional opening. Commissioner Kirkmeyer moved to approve said appointment. The motion, which
was seconded by Commissioner Freeman, carried unanimously.
• 3) SECOND READING OF CODE ORDINANCE #2013-3, IN THE MATTER OF ENACTING
CHAPTER 4 COMMUNICATIONS, OF THE WELD COUNTY CODE: Commissioner Rademacher
made a motion to read by title only. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously. Christopher Woodruff, Assessor, representing Web Governance, stated there have been
no changes since first reading and explained the purpose of this ordinance is to open up social media
as a way for Weld County Government to become more transparent. He noted social media is
especially important during emergencies because Twitter and Facebook are powerful tools to
communicate with the public. Commissioner Kirkmeyer moved to approve said ordinance on second
reading. The motion, which was seconded by Commissioner Rademacher, carried unanimously. The
final reading of this ordinance will be on June 10, 2013.
• 4) SECOND READING OF CODE ORDINANCE #2013-4, IN THE MATTER OF REPEALING
AND REENACTING, WITH AMENDMENTS, CHAPTER 6 LAW ENFORCEMENT, OF THE WELD
COUNTY CODE: Commissioner Rademacher made a motion to read by title only. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously. Bruce Barker, County Attorney, explained
the purpose of the ordinance and summarized its contents. aHollis Berendt, County resident, stated
her concern that if Weld County does not enforce the new state laws it will attract criminals. She said
she doesn't want to live in a community like that and that any law abiding citizen can still own a gun
with a background check to screen felons, domestic abusers and people with a history of mental illness.
She also said sometimes we need to give up something for the greater good of the community. Chair
Garcia addressed her question regarding limitations on gun ownership in Weld County. aMarkay
Vallario, County resident, asked the Commissioners to adopt the language as originally drafted by
Kevin Blake. Joy Brewer, County resident, stated that unconstitutional laws should be resisted,
praised the Weld County Sheriff for his stance on the issue, and thanked the Commissioners.
Doug Aden, County resident, expressed his frustration with the Colorado legislature on multiple
issues and referenced secession movements in some United States counties and towns. He stated
local sovereignty is an American tradition and it is time to tell the State of Colorado that Weld County
shall not be infringed. He also said he was in support of the proposed ordinance as drafted by Mr.
Blake. aRay Nelson, County resident, stated that he was not arguing for or against gun regulation.
He read from a Supreme Court decision written by Justice Scalia, as a strict constitutionalist, indicating
the second amendment right is not unlimited. He said, in reference to felons and the mentally ill, and to
qualifications on the commercial sales of arms, the government has a right to take steps necessary to
protect the public. aDoug Meyer, County resident, referred to a statistic that gun homicide in the
U.S. from the 90's to today have dropped 39 percent. He also said he supports the lawsuit of county
sheriff's against the State of Colorado. Rochelle Galinda, County resident, said she supports the
legislation passed by the state, and not enforcing these laws jeopardizes her personal safety and the
safety of the public. Et Matthew McDonald, County resident, stated his support for the Second
Amendment and the ordinance as written by Mr. Blake and noted that criminals do not obey laws.
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2013-1258
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Doug Fairweather, County resident, said he does not understand why the state laws are an
encumbrance to the lawful use of firearms, adding that this is more of an ideological (versus practical)
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battle to confront a problem that doesn't exist. --- James Walker, County resident, urged the
Commissioners to pass an ordinance more like the one originally presented to them by Kevin Blake.
He added that criminals and terrorists do not obey laws, and he does not understand how limiting the
number of ammunition rounds aids public safety. Commissioner Rademacher stated the Board
has been proactive in support of the Second Amendment. He disagreed that the new Federal and
State laws make sense; decisions were made before the hearings started, and they are unenforceable
and unconstitutional. He agreed with Mr. Nelson that none of our rights are absolute, but said they are
not to be trampled on either. He expressed his support of the previously referenced lawsuit in which 54
out of 64 sheriff's are suing the State, and stated he hopes these laws will be overturned.
Commissioner Kirkmeyer concurred, stating that although all the Code Ordinance does is make a
statement, the Commissioners will investigate whether any further actions are feasible. She
announced a work session with Commissioner Conway and herself on this issue, Wednesday, May 29,
2013, at 5:30 p.m. Commissioner Freeman and Chair Garcia concurred with these previous
statements and reported that the County Attorney is writing an amicus brief (legal opinion) in support of
the lawsuit.
Commissioner Kirkmeyer moved to approve said code ordinance on second reading.
Commissioner Freeman seconded the motion, which carried unanimously. The final reading of this
ordinance will be on June 10, 2013.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinances #2013-3 and #2014 were 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.
There being no further business, this meeting was adjourned at 10:13 a.m.
BOARD OF COUNTY COMMISSIONERS
W LD s.1i TY, COLORADO
Weld County Clerk
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BY: Co Cn-
Deputy Clerk to the Bo
Dougla Rademach r Pro-Tem
Sean P. Conway
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Mike Freeman
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rbara Kirkmeyer
Minutes, May 22, 2013
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2013-1258
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AMERICAN STEWARDS(
May 13, 2013
Dear Member,
"Can any of you read this note?" asked Commissioner Tom Jankovsky from Garfield County,
Colorado. He pointed to the big white screen displaying a handful of scribbles.
Before the Board of County Commissioners for Garfield County were representatives from the
U.S. Fish and Wildlife Service (Service), Bureau of Land Management (BLM) and Colorado Parks
and Wildlife Department (CPWD), all of whom are working to put in place a regulatory scheme to
protect the Greater Sage -Grouse.
The note he referred to was a citation found in the Service's Federal Register notice to
list the Grouse as endangered under the Endangered Species Act recorded as "Garton 2009,
personal communication."
The Service concluded from this scribbled note the following:
"Population stability may also be compromised if cycles in sage grouse populations are lost,
which current analyses suggest, minimizing the opportunities for population recovery if habitat
were available." (March 23, 2010 Fed. Reg, pg 13922)
The problem with this interpretation is that the note itself is illegible. And, their conclusion is
cyclical and totally illogical. Nobody, but the Service, can honestly say they understand it.
h s scahy the workyou suppuit atAnerica -Sreiv rdsofL4MMwty-is- kr-eri-r Over 250
species are right now being considered for endangered status by the U.S. Fish and Wildlife
Service, and this is the kind of pseudo -science they use to destroy property rights and natural
resource industries.
These illegible, handwritten scribbles are part of what the Service is using as their excuse
to list the Greater Sage -Grouse as endangered bringing severe restrictions on landowners in 11
western states.
It's all a farce.
The listing of the Greater Sage -Grouse will be one of the most devastating listings ever to affect
productive agriculture and the oil and gas industry, even greater than the spotted owl.
Commissioner Jankovsky concluded his remarks by stating: "We do not accept the position that
science supports the endangered listing of the Greater Sage -Grouse."
POST OFFICE BOX 1190, TAYLOR, TX 76574 I PHONE: 512-365-26
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He is right. Garfield County stands ready to make this challenge.
Already, key analyses have been published by reputable scientists pointing out severe flaws in the
science being used by the Service to place the Greater Sage -Grouse on the candidate list.
The endangered listing is being driven by the environmental community that is pursuing a
larger agenda to remove all cattle, productive agriculture, and oil and gas from the 11 -state range
of the bird. The environmentalists have filed countless lawsuits against the Service finally forcing the
Agency to reverse its earlier position, which now claims the game bird, still hunted in most states,
needs their federal protection. And what's even more deceitful on the federal government's part is
they have determined that neither hunting nor predation impacts the viability of the bird, but the
real threats come from livestock grazing, farming and drilling for oil and gas.
They have an agenda, but not the facts. And, that's the good news. Their "best available
science" does not support a potential "endangered" finding.
Garfield County has very methodically begun to peel back the layers on this potential listing.
In fact, they have held four coordination meetings: two with the BLM, one with Colorado Parks
and Wildlife and the latest with all the agencies together, including the Service. Garfield County is
insisting that each of the agencies use sound, verifiable science.
The County even challenged the maps being used to claim that over 200,000 acres of "priority"
habitat existed in their County. These maps, created by the CPWD, are relied upon by the BLM
and the Service to designate "priority" habitat where the most stringent regulations will be put in
place. One of these measures, being directly advocated by the Secretary of Interior, is to place a three
percent cap on human disturbances within priority habitat. That means in these 200,000 acres, no
more than three percent of the surface can be used for roads, pipelines, well pads, fences, buildings or
any other human activity.
The problem the County found with the agency's maps is that much of the area considered
"priority" included canyons, mixed mountain shrubs and trees; vegetation and geological
characteristics the Service claims cannot support the bird.
So, to verify their suspicions, Garfield County commissioned an extensive mapping survey and
found that very little suitable habitat actually existed within the 200,000 acre area. At best, there is
only 25,000 acres of actual habitat in the County. Nearly 90 percent of the habitat CPWD circled
as "priority" for the bird, does not exist or qualify as suitable habitat!
During the fourth coordination meeting, the Colorado agency was asked to explain how they
came up with their 200,000 plus acre priority habitat map. They have refused to release the actual
data used to create their maps claiming that such data are protected from public release because it is
part of "on -going research." The BLM admitted that they have never asked for the data, nor sought
to verify CPWD's results, and actually became a: quite belligerent at the insinuation that they should
have done so.
PAGE 2
During direct questions from the County, CPWD admitted that the maps were based on
some data and reasonable assumptions. Translation: "guesswork." When asked if their data was
reproducible, they had to answer "no."
Garfield County is insisting on accountability. They are determined to pursue this issue to its
conclusion. Their citizens and industries are not going to be harmed by the federal listing of a bird
that doesn't belong on the list.
Prior to the fourth meeting, Garfield County put another key element into place. They passed
the Garfield County Sage -Grouse Conservation Plan, which is based on solid scientific principles
and current research that apply to their unique local topography. In fact, they hired one of the top
endangered species experts in the nation to help them draft the scientifically defensible plan.
The process they chose to implement the plan is coordination. In the same meeting that
Commissioner Jankovsky questioned the handwritten note, the County also pointed out that from
this point forward all sage -grouse plans would be coordinated with the County's plan and made
consistent with their position.
Custer County, Idaho has now followed suit. Two weeks after Garfield County passed their plan,
Custer adopted the same approach, focusing on the primary industries and threats found unique to
the high mountain area of Idaho. Where Garfield County's economy is based primarily on the oil
and gas industry, Custer County's economy is reliant on ranching, farming, mining and recreation.
Again, coordination is the process they selected to implement the plan. Both Counties' have
taken the position that since all the agencies with Sage -Grouse responsibilities have to coordinate
with the county at some level and be consistent with the county's position or violate federal law, then
through coordination they can assure that conservation measures appropriate for their local areas will
be pursued and the productive use of the land will continue.
These two counties are blazing a tremendous trail that all other counties and local
governments will benefit from. Their efforts would be strengthened if more joined with
them. The more people stand up and demand scientific accountability, the stronger our ability
becomes to stop the listing all together.
Quite frankly, we need more County's, Conservation Districts, and local governments of
all specialties to join with us. All of the pieces are in place to prevent a very bad decision from
destroying a vital part of our country. What we need now are more local governments to take this
stand, and the financial resources to support this effort.
.If you -can't help directly, we ask that you encourage your County, Conservation District or other
__local governments to contact us and find out how they can join with Garfield and Custer County.
If you can make financial contributions to the fight, we greatly welcome your help.
PAGE 3
This is a battle that can be won. We become more convinced of this every day as we see the
flaws in the science, consult with some of the nation's top experts, and, most importantly, see the
resolve in the people leading this fight.
The use of our natural resources and way of life in 11 Western states is at stake. We'reotra-
--path td protect this vital part of our nation, and we would greatly appreciatean Lencjurage you to
-
ioi.n us, contributing in the best way you can.
Warm regards,
Margaret Byfield
Executive Director
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