HomeMy WebLinkAbout20121071.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
APRIL 23, 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, April 23, 2012, 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 Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Esther Gesick
Director of Finance and Administration, Monica Mika
El MINUTES: Commissioner Rademacher moved to approve the minutes of the Board of County
Commissioners meeting of April 18, 2012, as printed. Commissioner Kirkmeyer seconded the motion,
and it carried unanimously.
e CERTIFICATION OF HEARINGS: Commissioner Garcia moved to approve the Certification of
Hearings conducted on April 18, 2012, as follows: 1) USR12-0002 — North Weld County Water District;
and 2) USR12-0003 — Michael and Kimberlea Miller. Commissioner Kirkmeyer 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.
El CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as
printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
BIDS:
ID APPROVE BID#61200029, COPIER/ PRINTER/ FAX SOLUTION - DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT: Monica Mika, Director, Department of Finance and Administration,
requested this matter be continued to April 25, 2012, to allow additional time to conduct a work session.
Commissioner Rademacher moved to continue consideration of the bid to April 25, 2012.
Commissioner Garcia seconded the motion, which carried unanimously.
Minutes, april16C00
23, 2012 2012-1071
Page
e PRESENT AND APPROVE BID #B1200076, LAWN AND SPRINKLER SERVICES,
SOUTHWEST WELD, SOUTHEAST WELD AND CARBON VALLEY FACILITIES - DEPARTMENT OF
BUILDINGS AND GROUNDS: Ms. Mika requested emergency approval due to the unseasonal
weather conditions which are requiring early lawn and sprinkler care. In response to Commissioner
Garcia, Toby Taylor, Department of Buildings and Grounds, confirmed it is cheaper to bid the service
than it is to hire personnel and acquire the necessary equipment. Commissioner Rademacher moved
to approve Bid #61200076 on an emergency basis, as recommended by staff. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
(Clerk's Note: In an effort to assist the timeliness of the meeting, Chair Conway changed the order
of the Agenda and called up the Planning item first, and moved items #16 and#17 to become items #1
and#2 under New Business.)
PLANNING:
I] CONSIDER IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL
FOR USE BY SPECIAL REVIEW PERMIT #1787 - PAWNEE WATER MANAGEMENT /
HALLIBURTON ENERGY SERVICES: Rich Hastings, Department of Public Works, informed the
Board this agreement was formerly held by Dietzler Water Resources Corporation and he gave a brief
description of the location of the property, which is used as a water supply facility for the oil and gas
industry. Commissioner Long moved to approve said agreement, accept the collateral, and authorize
the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously.
NEW BUSINESS:
CONSIDER APPOINTMENT TO WORKFORCE DEVELOPMENT BOARD: Commissioner
Kirkmeyer moved to appoint Celia Hardin to the Workforce Development Board. Commissioner
Rademacher seconded the motion, and it carried unanimously.
e CONSIDER REAPPOINTMENTS TO BUILDING TRADES ADVISORY COMMITTEE:
Commissioner Garcia moved to reappoint Landon Cogburn and Christine McDermott to the Building
Trades Advisory Committee. Commissioner Long seconded the motion, and it carried unanimously.
ti CONSIDER 2012 COOPERATIVE LAW ENFORCEMENT OPERATING AND FINANCIAL PLAN
AND AUTHORIZE CHAIR TO SIGN: Alan Caldwell, Sheriff's Office, reviewed the terms of the
Agreement and Plan for the record. Commissioner Rademacher moved to approve said agreement
and plan and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
e CONSIDER TEMPORARY CLOSURE OF CR 43 BETWEEN CRS 38 AND 40: Janet Carter,
Department of Public Works, reviewed the provisions of the closure request. Commissioner Garcia
moved to approve said temporary closure. Seconded by Commissioner Kirkmeyer, the motion carried
unanimously.
e CONSIDER TEMPORARY CLOSURE OF CR 34 BETWEEN 1-25 SERVICE ROAD AND CR 13:
Ms. Carter reviewed the provisions of the closure request. Commissioner Rademacher moved to
approve said temporary closure. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
Minutes, April 23, 2012 2012-1071
Page 2 BC0016
El CONSIDER MEMORANDUM OF AGREEMENT TO PURCHASE PROPERTY AND AUTHORIZE
CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION: Leon Sievers, Department
of Public Works, reviewed the terms of the agreement for the record. Commissioner Kirkmeyer moved
to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Long, and it carried unanimously.
0 CONSIDER ASSET PURCHASE AND SALE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
- NCMC, INC.: Chair Conway called up this and the following nine items for discussion, with separate
motions to be made following public testimony. 0 Don Warden, Director of Budget and
Management Analysis, provided a background history, examined business models, explained the long
standing relationship with NCMC, Inc., discussed the transfer of trust from the Board of Commissioners
to the trust of the NCMC, Inc., which is a financially sound institution, reviewed examples of other
successful transfers, and emphasized the consideration made for the benefit of the most important
asset - the employees.
Bruce Barker, County Attorney, stated Weld County is one of only two counties in the state which
operates under Home Rule Charter, pursuant to Title 14, Section 16 of the Colorado Constitution. He
stated Section 3-8(4)L addresses the acquisition and disposition of real and personal property, and
Sections 5-4-160.A and .C of the Code require a solicitation of bids to dispose of items valued at more
than $10,000.00. Alternately, in this instance the Board is not disposing of the service; rather, the intent
is to transfer the Paramedic Service. Mr. Barker further stated this is an administrative function and a
public hearing is not a requirement, although the Board may receive input, if desired. Lastly, he
reviewed the various documents to be considered and addressed comments from the Board.
e Al Dominguez, Chair of NCMC, Inc., addressed the Board, urging adoption of the transfer of
assets for the benefit of the community, stating it makes good sense to have the Paramedic Service
operated by a medical institution, versus a governmental entity. He reviewed the various improvements
made to the hospital campus, and stated the proposed transfer will ensure the funds remain in Weld
County, not a Larimer County institution. Mr. Dominguez commended the Board for heeding the
valuable input of Mr. Warden and urged adoption of the various documents, which will be in the best
interest of Weld County.
e Jerry Wones, former Greeley Mayor and first Director of the Weld County Paramedic Service,
stated this is a common sense solution to a long-standing arrangement. He stated the environment of
medicine is changing and, as proposed, the Paramedic Service will continue to be financially successful
as it is led by local community leaders who are vested in providing the best health care services. He
stated when the Commissioners hired him, in 1976, they wanted him to ensure excellent medical care,
provided in a businesslike matter, and offered to anyone in the community who wanted to participate,
which he believes has been done throughout the years.
e Lyle Achziger, Mayor of Evans and former Weld County EMT, stated he retired from the Weld
County Paramedic Service in 2005, and he addressed the Board as a former EMS Coordinator. He
stated the Paramedic Service has continued to improve through the years to provide continuity of care
throughout the region. He stated he supports the proposed transfer, which keeps funds in Weld
County, and added the City of Evans Council also strongly supports the decision to keep the current
system intact.
Minutes, April 23, 2012 2012-1071
Page 3 BC0016
e Kay Drake, Windsor resident, stated she was a former member of the NCMC Board when the
contract was executed with Banner. She stated she is pleased with the current decisions of the NCMC,
Inc., Board and the Board of Commissioners.
e Don Cummins, Fort Lupton resident, stated he was involved with the renegotiated contract with
Banner, as well as extending the Paramedic Service to the Fort Lupton area. He stated NCMC is a
quality organization and he is please to have been involved with the establishment.
IR Gary McCabe, former Weld County Paramedic Director, stated he has observed many transitions
take place during his career and he expressed support for the current decision because it will ensure
the current system remains intact.
e Christie Rodriguez, Greeley resident, stated she supports Weld County Government getting out of
the medical service business; however, she expressed concern with not taking bids in an instance
where funds are being exchanged. She further stated Banner is based out of Arizona, and Poudre
Valley is a Colorado-based entity.
El Amy Kolczak, Timnath resident and Associate General Counsel for Poudre Valley Health System,
clarified Poudre Valley has not submitted a written proposal to pay more; however, they are a local
health service operator which treats and employs Weld County citizens. She requested the Board take
the opportunity to assess their services and then determine what they feel is in the best interest of Weld
County. Ms. Kolczak indicated Poudre Valley submitted an Open Records request last Friday and also
requested a decision on this matter be delayed until other agencies have an opportunity to review the
communications between Weld County and Banner/NCMC. She addressed questions from
Commissioner Kirkmeyer, and Mr. Barker confirmed he will provide the requested documents within 72
working hours.
El Mike Geile, former Weld County Commissioner, encouraged the Board to make their decision
with the intent of maintaining quality care for the customers.
El Chair Conway closed public testimony and called for discussion among the Board.
El Commissioner Long, Health Department Coordinator and overseer of the Paramedic Service,
stated he has reviewed all of the options and contemplated the questions and he believes the program
must be community-based, continuing on with a long-standing community organization which
understands the local alliances. He also thanked NCMC/Banner for ensuring the employees are
carried over with their existing seniority, benefits, etcetera.
El Commissioner Garcia, former Health Coordinator, stated the Board has had heated discussions
throughout the years regarding the issue of whether to raise Paramedic fees. He stated the County has
lost $11 million over the past three years, which is the primary concern with sustainability. He thanked
the various staff and all those present for their input, and stated he is very proud of all the employees
who serve.
e Commissioner Kirkmeyer read a portion of the Weld County Home Rule Charter and stated she
believes this decision is a demonstration of continued responsiveness to the citizens of Weld County
with quality care while meeting the obligation to employees who serve the citizens of Weld County
which will be accomplished through these agreements.
Minutes, April 23, 2012 2012-1071
Page 4 BC0016
e Commissioner Rademacher stated he agrees with previous comments made by his colleagues
and stated the decision is also in response to decisions made by the federal government which made it
apparent that a change had to be made. He stated even in the southern portion of the County, NCMC
is also recognized as the County hospital, and 99 percent of the employees are retaining their jobs and
carrying the benefits and base pay forward. He stated the service will remain consistent and will likey
be enhanced, the protocols will remain the same, and customers can still request transport to a specific
facility unless it is a life and death situation, in which they will be transported to where the best care will
be provided.
Chair Conway agreed with all of the comments made by his fellow Commissioners and stated he
believes history will show this decision to be in the best interest of the citizens of Weld County. He
addressed Ms. Kolczak and confirmed nothing will change; the customers will still have a choice in the
location of their care. He also thanked the current leadership, Dave Bressler and Mitch Wagy, for their
service and quality teamwork.
e Commissioner Long moved to approve said asset purchase and sale agreement and authorize
the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously.
II CONSIDER ASSET PURCHASE AND TRANSFER AGREEMENT AND AUTHORIZE CHAIR TO
SIGN — BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Commissioner Long
moved to approve said agreement and authorize the Chair to sign. The motion was seconded by
Commissioner Kirkmeyer, and it carried unanimously.
e CONSIDER BILL OF SALE AND AUTHORIZE CHAIR TO SIGN - NCMC, INC.: Commissioner
Garcia moved to approve said bill of sale and authorize the Chair to sign. Seconded by Commissioner
Long, the motion carried unanimously.
• CONSIDER BILL OF SALE AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA
NORTH COLORADO MEDICAL CENTER: Commissioner Rademacher moved to approve said bill of
sale and authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer,
carried unanimously.
El CONSIDER AGREEMENT FOR DISPATCH SERVICES AND AUTHORIZE CHAIR TO SIGN -
BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Commissioner Kirkmeyer moved
to approve said agreement and authorize the Chair to sign. Commissioner Garcia seconded the
motion, and it carried unanimously.
e CONSIDER LEASE AGREEMENT FOR PROPERTY LOCATED AT 1121 M STREET,
GREELEY, COLORADO, AND AUTHORIZE CHAIR TO SIGN - NCMC, INC.: Commissioner
Kirkmeyer moved to approve said agreement and authorize the Chair to sign. The motion was
seconded by Commissioner Long, and it carried unanimously.
IS CONSIDER LEASE AGREEMENT FOR PROPERTY LOCATED AT 3401 11TH AVENUE,
EVANS, COLORADO, AND AUTHORIZE CHAIR TO SIGN - NCMC, INC.: Commissioner Garcia
moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner
Rademacher, the motion carried unanimously.
Minutes, April 23, 2012 2012-1071
Page 5 BC0016
E5 CONSIDER ASSIGNMENT OF LEASE AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
NCMC, INC.: Commissioner Long moved to approve said assignment of lease agreement and
authorize the Chair to sign. The motion, which was seconded by Commissioner Kirkmeyer, carried
unanimously.
E9 CONSIDER ASSIGNMENT AND ASSUMPTION AND AUTHORIZE CHAIR TO SIGN — BANNER
HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Commissioner Rademacher moved to
approve said assignment and assumption and authorize the Chair to sign. Commissioner Garcia
seconded the motion, and it carried unanimously.
E5 CONSIDER EMPLOYEE LEASE AGREEMENT FOR DAVE BRESSLER AND AUTHORIZE
CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER:
Commissioner Long moved to approve said employee lease agreement and authorize the Chair to sign.
Commissioner Kirkmeyer seconded the motion and reiterated she is very proud of the service
Mr. Bressler has provided by carrying out his duties as the Paramedic Service Director. Commissioner
Long agreed and stated part of the success of the system is based on the relationships Mr. Bressler
has built throughout the County with various groups, which has resulted in great outcomes. Chair
Conway stated he looks forward to continuing to work with Mr. Bressler in the coming year. There
being no further discussion, the motion carried unanimously.
E9 CONSIDER EMPLOYEE LEASE AGREEMENT FOR JED SWANK AND AUTHORIZE CHAIR TO
SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER: Commissioner Garcia
moved to approve said employee lease agreement and authorize the Chair to sign. Commissioner
Kirkmeyer seconded the motion, 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.
Minutes, April 23, 2012 2012-1071
Page 6 BC0016
There being no further business, this meeting was adjourned at 11:02 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Minutes, April 23, 2012 2012-1071
Page 7 BC0016
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