HomeMy WebLinkAbout20130614.tiffAGENDA AND AUDIO MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WEDNESDAY, FEBRUARY 27, 2013
1:30 p.m.
A public hearing was conducted on February 27, 2013, at 1:30 p.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Health Department representative, Dr. Mark Wallace
The following business was transacted:
El 1) CONSIDER 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 [2013-0588) (Scheduled for 1:30 — commenced at
4:30 p.m.): Bruce Barker, County Attorney, reviewed the appeal process for the record.
El Kevin Paul, Attorney, referenced the appeal documents and summarized the premise of the
appeal pursuant to the pre -amended Code.
El Amy Kolczak, PVH General Council, responded to Chair Garcia to clarify the formal name, versus
the internal operating name.
El In response to Commissioner Rademacher, Steve Main, Director of PVH Emergency Medical
Services, addressed questions from the Board.
E l Dr. Mark Wallace provided a Chronology, marked Exhibit A, summarizing of the events leading to
this hearing and responded to questions from the Board.
E Mr. Paul provided a response to the Health Director's position. He and Mr. Main responded to
questions from the Board.
El In response to Commissioner Rademacher, Mr. Main and Ms. Kolczak addressed the issue of
contracts with three Fire Protection Districts.
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ID In response to Commissioner Kirkmeyer, Mr. Barker provided clarification on review of the
application pursuant to the pre -amended Code and the appellant's ability to apply under the newly
amended Code.
e Commissioner Rademacher commented PVH has provided evidence of contracts with three fire
districts, they have a base of operations located in Weld County, and he is willing to issue a Tier 1
license to operate within the districts that have agreements.
e Commissioner Kirkmeyer clarified the need for a primary base of operations or providing primary
care and submitted her findings to uphold the decision to deny the license.
e Commissioner Conway agreed with Commissioner Kirkmeyer and provided his finding that the
decision to deny the license be upheld and that a new application for a Transfer facility be reviewed
under the newly adopted Code.
IIEl In response to Commissioner Freeman, Mr. Barker provided clarification on what to consider in
regards to timing. Commissioner Conway stated the new process will provide a better review, given the
current circumstances. Commissioner Freeman submitted his findings based on the circumstances at
the time of denial.
El Commissioner Kirkmeyer moved to deny the appeal and uphold the decision of the Director of the
Department of Public Health and Environment. Commissioner Conway seconded the motion.
Commissioner Kirkmeyer restated her findings for the record: 1) PVH does not provide primary care in
Weld County, 2) PVH is not an initial responder in Weld County, 3) the primary base of operations was
not in Weld County at the time of application on November 8, 2012, and 4) PVH did not have the
required contracts or mutual aid agreements in place at the time of the Poudre Valley Hospital EMS
application on November 8, 2012. Upon a roll call vote, the motion carried four to one, with
Commissioner Rademacher opposed.
El Mr. Barker clarified the decision is premised on the facts as of November 8, 2012, and a new
application would be reviewed based on the facts at the time of application. Mr. Paul asserted their
argument is based on the position that other operations were granted licenses without primary bases of
operation or contracts within Weld County. There being no further discussion, the hearing was
completed at 5:18 p.m.
Wednesday, February 27, 2013
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This Certification was approved on the 6th day of March, 2013.
BOARD OF o NTY COMMISSIONERS
WELD C'i., ' OLORADO
ATTEST-imenmaasse.
Weld County C erk to the Board
BY: //..
Deputy Cler
e Board
VIP
William F. Gar
D glas Rademach: , Pro -Tern
an P. Conway
Freeman
CdtivLGL
arbara Kirkmeyer
Wednesday, February 27, 2013
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BC0016
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