HomeMy WebLinkAbout20123677.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DECEMBER 26, 2012
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, December 26, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Assistant County Attorney, Bob Choate
Acting Clerk to the Board, Esther Gesick/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 December 19, 2012, as printed. Commissioner Kirkmeyer seconded the
motion, and it carried unanimously.
e READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Ordinance #2012-15
by tape. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
ID CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on December 12, 2012, as follows: 1) Annual Meeting and 2013 Budget for Beebe
Draw Law Enforcement District Authority Board, 2) Annual Meeting and 2013 Budget for Weld County
Pioneer Community Law Enforcement Authority Board, 3) Annual Meeting and 2013 Budget for
Southwestern Weld County Law Enforcement Authority Board, and 4) 2013 Final Budget; and Hearings
conducted on December 19, 2012: 1) USR12-0070 - Wells Ranch, c/o DCP Midstream, 2) USR12-
0054 - Rande Bernal and Gilbert Bernal, 3) USR12-0069 - Lyster Family Farms Partnership, c/o High
Sierra Water Services, and 4) USR12-0059 - Dawn Scena, do Norman Law. Commissioner
Rademacher seconded the motion, which carried unanimously.
e AMENDMENTS TO AGENDA: There were no amendments to the agenda.
e PUBLIC INPUT: No public input was given.
IIEl CONSENT AGENDA: Commissioner Kirkmeyer moved to approve the Consent Agenda as
printed. Commissioner Garcia seconded the motion, and it carried unanimously.
,\97 Minutes, December 26, 2012 2012-3677
Ac) Page 1 BC0016
PRESENTATIONS:
ED 1) RECOGNITION OF SERVICES, WORKFORCE DEVELOPMENT BOARD - MILT
WEDGEWOOD: Chair Conway read the certificate recognizing Mr. Wedgewood for six years of
voluntary service on the Board. Commissioner Garcia gave a brief explanation of the purpose of the
Workforce Development Board.
ID COMMISSIONER COORDINATOR REPORTS: Chair Conway shared regarding the Farewell
party last week honoring Commissioner Dave Long.
NEW BUSINESS:
E9 1) CONSIDER CERTIFICATION OF TAX LEVIES AND REVENUE FOR 2013 AND AUTHORIZE
CHAIR TO SIGN: Christopher Woodruff, Assessor, reviewed the statutory requirements necessary to
produce the tax roll for Weld County. Commissioner Rademacher moved to approve said certification
and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
E9 2) CONSIDER AGREEMENT FOR PROFESSIONAL SERVICES AND AUTHORIZE CHAIR TO
SIGN - HUMANE SOCIETY OF WELD COUNTY: Barbara Connolly, Controller, reviewed the terms of
the agreement and answered questions from the Board regarding pending language and whether the
proposed rates are commensurate with the other municipalities served. Commissioner Kirkmeyer
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Rademacher. Commissioner Garcia expressed concern with potential inconsistencies in
rates charged by the Humane Society and expressed a wish to know the actual cost of maintaining an
animal. Commissioner Kirkmeyer agreed and stated she is only in favor because it is a necessary
service and there is a 60-day termination clause to allow for necessary changes. There being no
further discussion, the motion carried unanimously.
E9 3) CONSIDER LOBBYING CONTRACT AND AUTHORIZE CHAIR TO SIGN - COLORADO
LEGISLATIVE SERVICES, LLC, AND AUTHORIZE CHAIR TO SIGN: Monica Mika, Director of
Finance and Administration, stated there are no changes to the terms since last year. Commissioner
Kirkmeyer moved to approve said contract and authorize the Chair to sign. The motion, which was
seconded by Commissioner Garcia, carried unanimously.
E5 4) FINAL READING OF CODE ORDINANCE #2012-13, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, AND CHAPTER 5 REVENUE
AND FINANCE, OF THE WELD COUNTY CODE: Commissioner Kirkmeyer moved to read Code
Ordinance #2012-13 by title only. Commissioner Rademacher seconded the motion, and it carried
unanimously. Ms. Mika stated there have been no changes since second reading. No public testimony
was offered concerning this matter. Commissioner Garcia moved to approve Code Ordinance
#2012-13 on final reading. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
El 5) SECOND 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 Garcia moved to read Code Ordinance #2012-14 by title only.
Commissioner Rademacher seconded the motion, and it carried unanimously. Bob Choate, Assistant
County Attorney, reviewed the intent of the Code change as a result of a recent State Constitutional
Amendment. He also addressed questions from the Board affirming this ordinance is only in respect to
the unincorporated areas of Weld County. E JoAnn Maes, County resident, submitted a packet of
information, as well as a book, marked Exhibits A and B, and spoke in opposition to the proposed
Ordinance change and in support of allowing the medical and recreational use of marijuana. She read
a Greeley Tribune editorial for the record. Two letters from the public were also entered as Exhibits C
Minutes, December 26, 2012 2012-3677
Page 2 BC0016
and D. El Commissioner Rademacher commented Weld County does not benefit from sales tax
because Weld County does not have a sales tax, cited that the bill did not pass when parsed out by the
voters in Weld County, and asserted that the Board is in compliance with the provision of the
Amendment to opt-out. Commissioner Kirkmeyer stated the County is not prohibiting the use of
marijuana, only facilities, and this proactively establishes regulations to avoid a "takings" situation,
whereby citizens would make investments which would not succeed. She cited the many legislative
bodies which will be weighing in on this Amendment. Commissioner Garcia commented regarding the
situation of state and federal law - which are in conflict, and explained that the courts will likely be
getting involved to interpret a situation like this one. Chair Conway explained that under TABOR the
State must vote again as to whether to allow a fee before any revenue would be generated from the
amendment. He also stated that in unincorporated Weld County the amendment failed approximately
60/40. Once the State of Colorado establishes rules and regulations the policies will re-addressed as
appropriate, but this ordinance is an attempt to act proactively. The ordinance does not change rules
pertaining to medical marijuana dispensaries or to personal use. El Diana Salzberg, County
resident, spoke in support of Amendment 64 and shared the personal benefits of medical marijuana,
yet stated her support of laws to prevent its abuse and her feeling that legalization prevents crime.
Chair Conway stated he appreciates Ms. Salzberg's point of view and reiterated this rule does not
impact medical dispensaries. E Vicki Anderson, County resident, questioned whether Amendment
64 also deals with growing hemp, and wanted to know how the unincorporated vote was determined.
Mr. Choate provided an explanation of the separate definitions of marijuana and hemp in Amendment
64, and explained that this Code change is solely related to marijuana related facilities, not industrial
hemp. Following discussion, Chair Conway also explained how ballots are identified by precinct and
the process by which a percentage of unincorporated Weld County votes can be closely determined.
Clinton Piel, County resident, asked if rural constituents had requested that the issue be
addressed. Chair Conway stated he and other members of the Board were contacted and asked
questions following the vote and that, based on discussions, the Board decided to proactively establish
regulations while waiting to see what rules and regulations will be created by the State and federal
levels. Commissioner Kirkmeyer asserted that this Code change was made in order to remain
consistent with State and federal law, and the existing Weld County Code, at least until further changes
are made through the courts. ID Richard Ewald, County resident, spoke in support of the proposed
Code revisions, quoted from Article VI of the U.S. Constitution and questioned how the ballot measure
was constitutional. Chair Conway explained the ballot initiative process, which is allowed in the State of
Colorado. El J.D. Ruybal, County resident, encouraged the Board to support the position of the state
voters as a whole and discussed hemp. E Jimmie Chaisson, spoke in support of the Code change,
stating she feels the medical marijuana industry is not well regulated, and as a nurse she spoke to the
potential for its adverse health effects. She also expressed concern with a potential increase in crime.
El Lynette Kilpatrick, County resident, questioned why the Board is not considering a complete
prohibition for the entire County, and the Board explained that it does not have that authority. She
spoke in opposition to the use of marijuana, even for medical purposes, due to its ill effects and noted
that it is different from alcohol because smoke affects others. Commissioner Rademacher moved to
approve Code Ordinance #2012-14 on second reading. Commissioner Kirkmeyer seconded the motion
and commented as the Board of County Commissioners, they take an oath to uphold state and federal
law, regardless of personal opinion. There being no further comments, the motion carried unanimously.
6) FIRST READING OF CODE ORDINANCE #2012-15, IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 7 EMERGENCY MEDICAL SERVICES, OF THE
WELD COUNTY CODE: Trevor Jiricek, Director of Environmental Health Services of the Department
of Public Health and Environment, explained that this proposal will shift the licensing body from the
Director of the Health Department to the Board of County Commissioners, and, create 3 tiers for types
of licensure for ambulances in Weld County. All proposed modifications are authorized and bring the
County more in line with, and abide by, State rules and State statute.
Minutes, December 26, 2012 2012-3677
Page 3 BC0016
e Dr. Benji Kitagawa introduced himself as a member of the Emergency Medical Practice Advisory
Council, currently Medical Director for multiple fire agencies within the County and Colorado, and also
Medical Director for Aims Community College medical EMS programs. Dr. Kitagawa stated his belief
that these revisions for ambulance services licensing will have detrimental effects on the public health
and safety of the citizens of Weld County and also announced that he is resigning as Medical Director
of services that will be affected by this change. Commissioner Conway asked for further explanation of
this statement and asked if he was aware that these revisions are being made in response to rules
passed by the State Health Department. The Board asked Dr. Kitagawa to clarify whether or not he
intended his resignation to be effective immediately. The Board expressed frustration at the means of
his communicating his decision in a public input portion of an Ordinance change, rather than
addressing them personally. The Board stated they will need to replace the Medical Advisor of services
which are affected by this change, as of today.
Steve Main, Manager of Poudre Valley EMS, stated taking the responsibility from the Director of
the Department of Public Health and Environment and placing it under Board of Weld County
Commissioners for ambulance licensure brings uncertainty to providers because the Board changes
with elections. He also stated his opposition to the tiers, rather than full service licensure, which he
feels are preferential to existing providers and limit access to this market. Additionally, he objected to
Weld County being a party to any agreement or contract. Chair Conway asked how the Code changes
would directly impact his service. Mr. Main also objected to a recent denial of full service licensure, but
stated that one of the tiers would allow them to operate as usual. e Stephanie Buckholtz, President
of the Board of Directors of Windsor/Severance Fire Rescue, stated she felt that the changes limited
her district to a choice of only one corporate entity. Commissioner Kirkmeyer addressed the Board's
decision to transfer and contract with Banner/NCMC. Chair Conway clarified with Ms. Buckholtz that
her district is still in contract negotiations with several entities. Commissioner Rademacher commented
there are certain districts that were formed with the statutory authority to independently contract for
ambulance services, but that will need to be determined for the Windsor-Severance District. IR Herb
Brady, Chief of the Windsor-Severence Fire Service, reviewed his qualifications and spoke to
ambulance permitting for ensuring quality only, and his concern that it not be a means of preventing
smaller entities from entering into the business. He stated his primary concern is to ensure quality
medical service, regardless of political boundaries and to ensure cooperation between districts, towns
and counties. He expressed his desire to sit and talk about these issues to make service the best it can
be. ID In response to Commissioner Rademacher, Mr. Brady referenced a State statute establishing
their authority to provide service. He also described events which have transpired since the transfer
and the impacts to various regional emergency response providers when larger municipalities cut their
own deals for service. IR In response to Chair Conway, Mr. Brady stated that the patient, or the
emergency responder, decides where to take a patient, based on the patient's choice or trauma
destination protocols, which is covered under statute, and he stated that allegations happen and an
independent body is necessary to enforce the statute. El Responding to Commissioner Kirkmeyer,
Mr. Brady discussed erosion of regional cooperation and his desire to review the proposed tier changes
and submit his comments prior to the second reading. Commissioner Kirkmeyer stated that a letter
was sent inviting a work session to explore these changes with local providers and that these
discussions are welcome and then asked if the level of service had changed since April. Chair
Conway requested input for potential improvements to the language and a clearly defined summary of
the issues of concern. Mr. Brady asserted every system has room for improvement, and noted that his
system will need to be resilient as a small system surrounded by three larger ones. He also noted that
this is a tough issue to navigate without people getting upset and requested the Board's assistance with
stewardship. Chair Conway stated that the Board was takin a pro-active approach assuring good
countywide service, especially in light of new federal rules. PA Jim Young, Director of the Johnstown
Fire Protection District, commented on the good quality of the personnel of the Weld County ambulance
service. He expressed his desire for better ambulance service in Johnstown and asserted that western
Weld County deserves more attention. He expressed dissatisfaction with the Poudre Valley service.
Minutes, December 26, 2012 2012-3677
Page 4 BC0016
El Commissioner Rademacher commented they should look at incorporation rights in terms of
contracting for services. Commissioner Kirkmeyer stated that the discussion had veered from the Code
ordinance change and that she feels the tiering does allow everyone to obtain a license. Commissioner
Conway extended an invitation to sit down and discuss this with Johnstown and hear their Board's
concerns in a work session. El Steve Burness, Board of Directors of Johnstown, explained that
Johnstown had an all volunteer department when he arrived six years ago. Now they have a fully paid
three shift rotation. Response time is his major concern — the average is in excess of 15 minutes,
sometimes as long as 20 minutes. Ambulance response time has not improved in his six years, despite
best efforts. He asked about a set of standards for ambulance response times, and whether it could be
in this policy. El Commissioner Conway responded that the Fitch Study was done in 2008 —
regarding strategic ambulance coverage for Weld County (an area of more than 4,000 sq. miles). He
asked if response times had improved in Johnstown since that time and if the Board could see records
pertaining to those if they had not. El Commissioner Kirkmeyer stated that the tiering licensure does
not address response time: those are different protocols and there are national standards. In 2009,
ZOL, a GPS dispatch system was installed to reduce response time in response to the requests for
more ambulance coverage, as well as additional ambulances. She explained in detail that these
decisions are based on cost and call volume, as many towns have made this same request, and
acknowledged that everyone's call loads are going up. Mr. Ness reiterated his desire to work
productively with the Board to give the public the best service possible. Ron Bateman, Fire Chief at
Milliken & Johnstown Fire Protection Districts, addressed Commissioner Rademacher's questions
regarding their authority to contract and also offered to sit down in the work session. Commissioner
Rademacher noted he does not wish to supersede any fire district's authority, and also supports this
ordinance. Fl Commissioner Kirkmeyer stated that she supports the ordinance and that it is in line
with the state statute that requires the county license ambulances, and added that state rules require
that the county has to license ambulances when 'the patient originates in the county'. She reiterated
the need to invite everyone to the work session who may be providing ambulance service to the County
or has input on the process. Commissioner Garcia moved to approve the Code Ordinance#2012-15 on
first reading. Commissioner Rademacher seconded the motion, and it carried unanimously. Chair
Conway thanked everyone for coming, acknowledging that a lot had been learned, and he also noted
that there are three readings in order to provide for this kind of feedback and so changes can be
perfected.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. Code Ordinance #2012-13 was approved on final reading, Code Ordinance #2012-
14 was approved on second reading, and Code Ordinance#2012-15 was approved on first 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, December 26, 2012 2012-3677
Page 5 BC0016
There being no further business, this meeting was adjourned at 11:41 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: \fyieuke N ,s ue
can P. Co Chair
Weld County Clerk to the Boardilnj
Willia F. rcia, Pro-Tem
BY: ..r. � �► �
Dep clerk t. t e B,1:rd e%4 i 1 ti�� i>,) ,:t
ISO Barbara Kirkmeyef
,A EXCUSED
O"? ',"`i, 7 David E. Long
fir of-L-v-
DouglaF adema er
Minutes, December 26, 2012 2012-3677
Page 6 BC0016
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