Board of MESA COUNTY...2014/11/17 · from the Secure Rural Schools and Community Self Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393), as amended October 2, 2013,

AGENDA

MONDAY November 17, 2014

ADMINISTRATION HEARING

544 Rood Avenue, Public Hearing Room 9:00 a.m.

Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes: Presentations: Commissioners' Reports:

CONSENT AGENDA: The Consent Agenda is intended to allow the Board to spend its time on more complex items. These items are generally perceived as non-controversial and can be approved by a single motion. The public or the Board members may ask that an item be removed from the Consent Agenda for individual consideration.

1. Approve a Memorandum of Understanding (MOU) between Mesa County,

Colorado and Mesa County School District 51, Plateau Valley School District 50, and DeBeque School District J49, for the distribution of National Forest payments from the Secure Rural Schools and Community Self Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393), as amended October 2, 2013, as part of HR Helium Stewardship Act and C.R.S. 30-20-101 and authorize each of the County Commissioners to sign. (Pam Noonan, Mesa County Resource Management, Finance.)

2. Approve a Contract between Mesa County and Mountain Valley Contracting Inc. for 22 Road (H to I Road) Project, for roadway safety improvements, in the amount of $914,348.75 and authorize the Chair to sign. (Kevin King, Mesa County Operations, Public Works.)

Board of MESA COUNTY

COMMISSIONERS Colorado

**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER

OF 6TH STREET AND WHITE AVENUE**

BOCC November 17, 2014 Page 2 of 3 ITEM(S) NEEDING INDIVIDUAL CONSIDERATION:

1. Approve an application for renewal of a Liquor Store-Liquor License, with

Stipulated Conditions for Renewal of License, for John M. Pettus d\b\a Mesa Liquors located at 1094 Highway 65, Mesa, Colorado, and authorize the Chair to sign. (Jackie Campbell, Mesa County Clerk and Recorder’s office.)

2. Approve and adopt the revised Mesa County Purchasing Policy, effective November 17, 2014. (Frank Whidden, Deputy Administrator-Resource Management.)

3. Second reading of Mesa County Ordinance #12, allowing the operation of off- highway vehicles on County roads, and providing penalties for violation of such ordinance, to continue the Ordinance adoption process. (Second Reading, David Frankel, Acting Mesa County Attorney.)

4. Establish job search goals for the position of County Administrator. (Mesa County Board of County Commissioners.)

BRIEFING ITEM(S): Briefing items are intended to allow the Board to give Staff guidance in day-to-day operations of the County, or to hear general presentations from others. None

UNSCHEDULED BUSINESS: Please present your comments within ten (10) minutes.

EXECUTIVE SESSION:

Pursuant to Colorado Revised Statute §24-6-402(4) an executive session is proposed

for the purpose of discussing a personnel matter as authorized by Colorado Revised Statute §24-6-402(4)(f).

1. Negotiation associated with appointment of a County Attorney. 2. Discuss personnel issues in regards to the County Administrator position.

ADJOURN THE COMMISSIONERS MAY TAKE A LUNCH BREAK, IF THE MEETING IS NOT COMPLETE.

BOCC November 17, 2014 Page 3 of 3

CERTIFICATION OF POSTING

On November 12, 2014 at 4:00 p.m., Stephanie Reecy did post the above AGENDA as public notice of the November 17, 2014 meeting. The official notice is placed on the East Entrance bulletin board at 544 Rood Avenue, Grand Junction, CO and a courtesy copy added to the Mesa County website at www.mesacounty.us/BoCCagendas/ ____________________________ Stephanie Reecy

http://www.mesacounty.us/BoCCagendas/

AGENDA ITEM SHEET Date Submitted: 10/28/14 Hearing Date Requested: 11/17/2014 Submitter: Pam Noonan Phone: 244-1718 Presenter: Pam Noonan Return originals to: Pam Noonan Location: Finance Number of originals to return to submitter: One

To: Mesa County Board of Commissioners

Title of Item: Memorandum of Understanding (MOU) between Mesa County, Colorado and School Districts within Mesa County, Colorado for the distribution of National Forest payments.

Type of Item: Agreement Finance Insurance MOU Policy/Procedure Reports/Official Appointment Finance/General Letter of Support Ordinance Purchase Order Resolution Contract Grant Liquor License Petition Real Estate Salaries/Benefits

IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER MCA-2013-067. SUMMARIZE CHANGES.

Recommended Board Action: Approve a Memorandum of Understanding (MOU) between Mesa County, Colorado and Mesa County School District 51, Plateau Valley School District 50, and DeBeque School District J49, for the distribution of National Forest payments from the Secure Rural Schools and Community Self Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393), as amended October 2, 2013, as part of HR Helium Stewardship Act and C.R.S. 30-20-101 and authorize each of the County Commissioners to sign.

Justification or Background: The Federal program known as National Forest Payments was created in 1908 to create federal revenue sharing from leases and timber receipts from National Forest located in the County. These funds are to be used for roads and bridges or schools.

Mesa County has chosen a calculation method offered in 2000 called SRS or “full payment amount” which requires: 85% be used for roads and schools (Title I funds) 8% be withheld at the federal level and used by a Resource Advisory Committee 7% be held by county and used for fire and rescue services

Of the 92% of the funds received by the County (Title I and Title III) 25% is distributed to the Road & Bridge Fund, 25% to the School Districts, and 50% is distributing according to a County/School Committee. By the signing of the attached Memorandum of Understanding, the County/School committee has decided that the full 50% of the discretionary funds received in January, 2015 be distributed to the Schools.

The distribution to the Schools will not count as a deduction from the County’s PILT payment.

Fiscal Impact: This item is budgeted in the following account code: N/A County: $ Federal: $ State: $ Other: $

Review: Administration: Approved Date: (11/05/14) Denied Date: ( ) Approved with Changes Date: ( )

Briefing Date: ( )

County Attorney: Approved Date: (10/30/2014) Denied Date: ( ) Approved with Changes Date: ( )

Finance: Approved Date: (10/28/2014) Denied Date: ( ) Approved with Changes Date: ( )

X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

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Risk: Approved Date: (10/28/2014) Denied Date: ( ) Approved with Changes Date: ( )

**FOR ADMINISTRATION USE ONLY** Approved Hearing Date: 11/17/2014 Approved Denied Approved with Changes _________________________________________________________ ___________________ John Justman, Chair, Board of Commissioners Date:


MEMORANDUM OF UNDERSTANDING BETWEEN THE MESA COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SCHOOL DISTRICTS WITHIN MESA COUNTY FOR

THE DISTRIBUTION OF NATIONAL FOREST PAYMENTS FROM THE SECURE RURAL SCHOOLS AND COMMUNITY SELF DETERMINATION ACT OF 2000, 16 U.S.C. 500 NOTE; PUBLIC LAW 106-393, AS AMENDED OCTOBER 2, 2013 AS A PART OF THE HR HELIUM

STEWARDSHIP ACT, AND C.R.S. 30-29-101 .

SUBJECT: Agreement on the Distribution of 2014 National Forest Payments between Members of the County-School Team

PURPOSE: This Memorandum of Understanding has as its purpose:

1. The clarification of how National Forest Payments received in January, 2015 are planned to be distributed between Mesa County and the School Districts located within Mesa County.

DATE: November 17, 2014

WHEREAS, the Mesa County Board of County Commissioners and the local school districts within Mesa County, including Mesa County School District 51, Plateau Valley School District 50 and Debeque School District J49 are the parties to this agreement; and

The “County-School Team” comprises six representatives from the parties – three Mesa County Board of County Commissioners and three designees of the school districts within Mesa County; and

The members of the “County-School Team” shall control the allocation of fifty (50) percent of the County Level Allocation of National Forest Payments under 16 U.S.C. 500 note: public law 106-393, as amended October 2, 203 as a part of the HR Helium Stewardship Act and C.R.S. 30-29-101; and

Pursuant to C.R.S. 30-29-101 (b)(I) a total of three representatives from the school districts in the county and three members of the Board of County Commissioners, or their designees, shall negotiate the remaining percentage allocation of the national forest payments to either the public schools in the county or the County road and bridge fund. In determining the allocation of the National Forest payments, the parties shall seek to maximize the total amount of federal funds that may be received by the County and the public schools in the county;

Mindful of the above statutory mandate, the “County-School Team has agreed to the disbursement of unallocated funds as follows:

The entire unallocated funds shall be distributed to the School Districts according to school population.

ENTERED INTO THIS 17th DAY OF November, 2014.

___________________________ ___________________________

Kelly Cheney Rose Pugliese

Debeque School District Business Manager Mesa County Commissioner

970-283-5418 970-244-1606

[email protected] [email protected]

___________________________ ___________________________

Phil Onofrio John Justman

Chief Operations Officer Mesa County Commissioner

970-254-5144 970-244-1605


___________________________ ___________________________

Greg Randall Steve Acquafresca

Superintendent Plateau Valley School District 50 Mesa County Commissioner

970-487-3547 970-244-1604


mailto:[email protected]






AGENDA ITEM SHEET Date Submitted: 10/23/14 Hearing Date Requested: 11/10/14 Submitter: Connie Hahn Phone: 1812 Presenter: Bill Taylor Return originals to: Connie Hahn Location: Central Services Number of originals to return to submitter: 1

To: Mesa County Board of Commissioners Title of Item: Contract between Mesa County and Dirtworks Construction, LLC


IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER . SUMMARIZE CHANGES.

Recommended Board Action: Approve a Contract between Mesa County and Mountain Valley Contracting Inc. for 22 Road (H to I Road) Project, for roadway safety improvements, in the amount of $914,348.75 and authorize the Chair to sign.

Justification or Background: The 38 Road Safety Improvement Project calls for the complete reconstruction of 38 Road between the Orchard Mesa Irrigation District Tailrace and the intersection of Solbre El Rio. Primary features of the project include widening lanes to 14 feet, adding shoulders, storm drain facilities, retaining walls, concrete rockfall mitigation barriers and a 10 foot wide concrete path. The overall length of the project is 2,660 feet. The project is to commence after November 15, 2014 and reach substantial completion on April 17, 2015. This is an approved 2014 Transporation Captial Project Mesa County Public Works advertised bids and received 7 qualified bids as follows: Dirtworks $1,967,465.35 Johnson Construction $2,351,350.70 Sorter Construction $2,377,827.00 Mtn. Valley $2,464,066.02 United Companies $2,518,202.95 MA Concrete $2,841,032.40 CEI $3,713,156.40

Required Attachments: Proof of Insurance Bid Summary Contract (signed)

Fiscal Impact: This item is budgeted in the following account code: 147.80303.80508 County: $1,967,465.35Federal: $ State: $ Other: $


Briefing Date: ( )

County Attorney: Approved Date: (10/23/14) Denied Date: ( ) Approved with Changes Date: ( )


Risk: Approved Date: (10/24/14) Denied Date: ( ) Approved with Changes Date: ( )

**FOR ADMINISTRATION USE ONLY** Approved Hearing Date: 11/17/14

Approved Denied Approved with Changes

_________________________________________________________ ___________________ John Justman, Chair, Board of Commissioners Date: X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

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AGENDAITEM SHEET DateSubmitted:10/29/2014 HearingDateRequested:11/17/2014 Submitter:Lori WestermirePhone:244-1896 Presenter:Jackie Campbell Return originals to:Lori WestermireLocation:Clerk & Recorder Number of originals to return to submitter:1

To:Mesa County Board of Commissioners

Title of Item: Liquor Store-Liquor License Renewal for John M. Pettus d/b/a Mesa Liquors



Recommended Board Action: Review the application for renewal of a Liquor Store-Liquor License, Resolution, and Mesa County Stipulated Conditions for Renewal of License for John M. Pettus d\b\a Mesa Liquors located at 1094 Highway 65, Mesa, Colorado. If approved, authorize the Chair to sign.

Justification or Background: According to the State of Colorado, on September 16, 2014, the Licensee, through its employee, permitted the selling, serving, giving, or procuring of an alcohol beverage to an eighteen-year old Liquor Enforcement Division underage purchaser. The Licensee has entered into a Stipulation, Agreement, and Order with the State of Colorado, Department of Revenue, dated October 23, 2014; and has agreed to the Mesa County Stipulated Conditions for Renewal of License as of November 3, 2014.

Fiscal Impact: This itemis budgeted inthefollowingaccountcode: County: $ Federal: $ State: $ Other:$

Review: Administration: Approved Date:(11/5/14) Denied Date: ( ) Approved with Changes Date: ( )

Briefing Date: ( )

County Attorney: Approved Date:(10/31/14) Denied Date:( ) Approved with Changes Date:( )


Risk: Approved Date: (N/A) Denied Date: ( ) Approved with Changes Date: ( )

**FOR ADMINISTRATION USE ONLY** Approved HearingDate: 11/17/2014


_________________________________________________________ ___________________ John Justman, Chair, Board of Commissioners Date:


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AGENDA ITEM SHEET Date Submitted: November 4, 2014 Hearing Date Requested: November 17, 2014 Submitter: Jean Davis Phone: 244-3237 Presenter: Frank Whidden Return originals to: Jean Davis Location: Resource Management (Finance/HR), CH - 3rd Floor Number of originals to return to submitter: 1


Title of Item: Mesa County Purchasing Policy



Recommended Board Action: Adoption of the revised Mesa County Purchasing Policy effective November 17, 2014.

Justification or Background: The revised Purchasing Policy has been reviewed and recommended for adoption by County Leadership (Department Heads and Electeds).

Fiscal Impact: This item is budgeted in the following account code: County: $ Federal: $ State: $ Other: $


Briefing Date: ( )

County Attorney: Approved Date: (n/a) Denied Date: ( ) Approved with Changes Date: ( )

Finance: Approved Date: (n/a) Denied Date: ( ) Approved with Changes Date: ( )

Risk: Approved Date: (n/a) Denied Date: ( ) Approved with Changes Date: ( )





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Mesa County Purchasing Policy November 17, 2014

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MESA COUNTY PURCHASING POLICY

Topic: Purchasing

Effective: November 17, 2014

Issued By: Mesa County Resource Management

Approved By: Board of County Commissioners

1.0 Purpose

The purpose of this Purchasing Policy is to provide for the fair and equitable treatment by the County of all persons involved in public purchasing; to maximize the purchasing value of public funds; to codify and standardize the County’s purchasing rules and regulations for orderly and efficient administration; to provide safeguards for maintaining a procurement system of quality and integrity, and foster effective, broad-based competition within the free enterprise system.

2.0 Scope

2.1 This Purchasing Policy applies to the procurement of all materials, supplies, equipment and services required by the County, including capital expenditures.

2.2 This policy shall apply to all expenditures of public funds by any County Department or agency for public purchasing irrespective of the source of the funds. When the purchase involves the expenditure of state or federal assistance or contract funds, the purchase shall be conducted in accordance with any applicable state or federal laws/regulations.

2.3 Sub-recipients and sub-awards: Sub-awards shall comply with Title 2 CFR - Grants and Agreements. The County may at times award pass-through federal funds to eligible community partners for the purpose of providing support for the performance of any portion of the substantive project or program for which the County receives the award. Sub-awards of federal funds passed through to community partners are subject to the Purchasing Policy insofar as goods and services are purchased with the funds.

2.4 All County employees are governed by the provisions of this Purchasing Policy whether directly or indirectly involved in a procurement transaction. Violation of these provisions is grounds for disciplinary action, up to and including termination of employment and/or referral for criminal action.


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3.0 Policies 3.1 The County is responsible for purchasing high quality goods, materials, equipment

and services at reasonable cost in a timely manner through a competitive bid/proposal process.

3.2 The County is responsible to ensure fair and equitable treatment of all persons involved in providing goods, services and/or construction to the County.

3.3 The County is responsible for maintaining an open and competitive environment to all qualified vendors where sellers have access to County business and that all purchasing actions are conducted fairly and impartially in the best interest of Mesa County.

3.4 Competitive sealed bids or competitive proposals, as appropriate, shall be used to facilitate contracts with nongovernmental contractors for the purchase or lease of goods, services and/or construction in accordance with the limitations described herein.

3.5 It is prohibited to disclose the identity or information derived from competing proposals to any bidder or offeror prior to the public opening of bids.

3.6 All capital infrastructure shall be maintained at a level adequate to protect the county’s investment and to minimize future maintenance and replacement costs.

3.7 If borrowing is considered for capital projects, the payback period will not exceed the expected useful life of the asset.

3.8 Department Heads/Elected Officials are responsible for determining how to best utilize public funds appropriated to their respective departments by the BOCC.

3.9 The disposal of County tangible property shall be through an open competitive process to the extent possible. The County may donate surplus property to other governmental entities or nonprofit organizations, if it is in the best interest of the County, as approved by the County Administrator or his designee. If tangible property has reached the end of its useful life the appropriate department head or elected official may authorize disposal of the property in the manner most beneficial to the County and the disposal will be coordinated through the Facilities Department.

3.10 Any personal gain other than wages and benefits realized through public employment is a breach of public trust and appropriate sanctions will be imposed.

3.11 To the extent that violations of ethical standards of conduct constitute violations of state or federal laws, sanctions shall be imposed as provided by law.

4.0 Ethics in Public Contracting

The objectives of public procurement include conserving public funds and inspiring public confidence. Any erosion of honesty, integrity and openness is more injurious to public procurement than to most other public pursuits. The appearance of a conflict of interest may be as harmful to public confidence in government as an actual case of misconduct. For that reason, all personnel involved directly or indirectly in procurement transactions, from the original purchase to the ultimate disposal, must be guided by the highest standards of ethical conduct.

4.1 Employee Requirements: No public employee having official responsibility for a procurement transaction shall represent the County in that transaction when the employee knows that:


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4.1.1 The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction.

4.1.2 The employee, the employee’s partner or any member of the employee’s immediate family holds a position with a bidder, offeror or contractor, such as officer, director, trustee or partner, has a personal and substantial participation in the transaction or owns or controls more than five percent of the firm.

4.1.3 The employee, the employee’s partner or any member of the employee’s immediate family has a pecuniary interest in or arising from the transaction.

4.1.4 The employee, the employee’s partner or any member of the employee’s immediate family is negotiating or has an arrangement concerning prospective employment with a bidder, offeror or contractor.

4.1.5 It is a breach of ethical standards for any employee or public official to knowingly use confidential information for his or her personal gain or the gain of others.

4.1.6 It is a breach of ethical standards for any employee or public official to coerce personal monetary discounts from vendors based on employment with Mesa County. Voluntary merchant discounts offered to all Mesa County employees are excluded from this clause.

4.1.7 No officer or employee shall solicit or receive any pay, commission, money, or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of employment by the County, except his lawful compensation or salary as such officer or employee.

4.1.7.1 State statutes codified at C.R.S. § 31-4-401 et seq. and § 24-18-101 et seq. allow the County to accept a bid, quotation or proposal which complies with the County’s procurement policies and procedures, and is the lowest received in a competitive open process, even if the bidder is an employee or officer of the County, if the employee or officer has disclosed real or potential conflicts of interest and has abstained from voting on related issues. To qualify, an employee or officer shall file a public disclosure record (PDR) outlining the individual’s financial interest. Completed forms shall constitute a public record filed in the office of the County Clerk.

4.2 Vendor Requirements

4.2.1 No bidder, offeror, contractor or subcontractor shall confer upon any public employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services, present or promised.

4.2.2 All bidders, offerors, contractors or subcontractors shall complete a disclosure of interest form to inform of any personal interest of any public official with respect to any County procurement.

4.3.3 Failure to make the required disclosure may result in disqualification, disbarment, suspension from bidding, rescission of contracts and other sanctions as appropriate.


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4.4.4 No contractor or subcontractor shall give, demand or receive from any suppliers, subcontractors or competitors any bribe or kickback or anything of value in return for participation in a procurement transaction or agreeing not to compete in a transaction.

4.4.5 Architects or engineers contracted by the County may not furnish building materials, supplies or equipment for any structure on which they are providing professional services.

4.4.6 Gratuities. It is a breach of ethical standards for any person to offer, give or agree to give any employee or public official a gratuity or offer of employment or employment in connection with any decision or recommendation concerning a possible or actual purchase by and/or on behalf of the County.

4.4.7 Kickbacks. It is unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract and solicitation thereof.

5.0 Purchasing Authority

5.1 Board of County Commissioners The responsibility for all purchases made by Mesa County is held by the Board of County Commissioners. The Board of County Commissioners under this Purchasing Policy authorizes the County Administrator to establish procurement rules and regulations for all County personnel.

5.2 County Administrator The County Administrator shall establish the procedures for the procurement of all goods and services and such procedures shall be applicable to all County employees. The County Administrator or his designee shall possess the sole authority for any deviation from the Purchasing Policy.

5.3 Department Heads/Elected Officials By authority of the County Administrator, Department Heads/Elected Officials or their designated representatives shall be delegated purchasing authority and responsibility as set forth.

5.3.1 Department Heads/Elected Officials are given the responsibility of ensuring that designated purchasing personnel in their department are knowledgeable of and fully understand the Purchasing Policy and purchasing procedures established by the County Administrator.

5.3.2 Department Heads/Elected Officials may delegate purchasing authority to their employees as required to facilitate the activities within their scope of responsibility. However, the ultimate responsibility remains with the Department Head/Elected Official for the activities of their subordinate employees.

5.3.3 By the authority of the County Administrator, the authorized staff shall be responsible for the daily operations of the purchasing transactions. The County Administrator shall have the authority and power to ensure compliance.


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6.0 Purchasing Approval 6.1 The following table indicates purchasing approval limits for County expenditures:

Table 6.1:

Table Notes:

All thresholds above are per transaction not per item. Table applies to material and/or service acquisitions with adequate current year budget

appropriations. Unbudgeted expenditures are prohibited except in case of actual emergency or County

Administrator directive.

Purchases less

than $5,000

Purchases

between $5,000

and $100,000

(Informal Bids)

Purchases of

$100,000 or more

Selection

Requirement No competitive bid required

Written competitive proposals (quotes) from at least 3 sources

Formal written bid advertised

Selection

Method

County employee deals with vendor directly

Department Personnel or Purchasing obtains 3 prices in the form of written quotations from vendors

Department coordinates IFB’s, RFQ's or RFP’s with City purchasing that includes selection criteria

Approver Supervisor

If $50,000 or less Authorized staff (PW, DHS, Health, Resource Management) with Risk / Budget approval

BOCC with County Attorney, Budget, Risk approval

Approver

If over $50,000 - BOCC with County Attorney, Budget, Risk approval

Payment

Method P-card or Invoice P-card or Purchase Order / Invoice

P-card or Purchase Order / Invoice


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6.2 Exceptions:

6.2.1 All County road and/or capital projects over $50,000.00, per Colorado statute 43-2-209, may be processed by Public Works and must be conducted as a formal bid process with an advertisement published in a local paper 14 days prior to the deadline for bids.

6.2.2 Emergency procurements when there is a threat to public health, welfare, or safety. The County Administrator may make or authorize others to make emergency procurements.

6.3.3 Advertisements placed in newspapers to meet obligations under Colorado Statutes concerning legal and/or public notices; or, for purposes of increasing public awareness of services.

6.4.4 Governmental agencies agreements that facilitate payments (or reimbursements) between Mesa County and other agencies for which an appropriation was determined by budget hearings whether conveyed under contract, grant or other means, and whether or not Mesa County receives goods, services, or other values there under. (i.e. emergency search & rescues, cities, counties, public education institutions, etc.)

6.4.5 Mileage and personal reimbursements to county employees or individuals for expenses paid out of pocket as stated in the Mesa County Personnel Manual.

6.6.6 Dues, meetings, and miscellaneous travel expenses for seminars or conventions, and expenses incurred while attending seminars or conventions.

6.6.7 Education and Training fees paid for training of Mesa County employees.

6.6.8 Expert Witness and Transcript services for the County Attorney, District Attorney, or Sheriff.

6.6.9 Rent Payments or leases for equipment, buildings, vehicles, etc. which are set by a properly negotiated contract.

6.6.10 Telephone bills.

6.6.11 Utility bills for electrical, water, natural gas, and sewer services that are regulated by pricing schedules controlled through the Colorado Public Utilities Commission or other governmental entity.

6.6.12 Licensed professionals such as attorneys, engineers, architects, medical professionals, etc. with short-term contracts (less than one year).

6.6.13 Intergovernmental Agreements to receive specific services from other government entities.


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6.6.14 Purchase and payments for client services by the Department of Human Services that are made directly to or are made on behalf of the clients of Human Services for expenditures related to case services.

6.6.15 Perishable items that have a limited useful shelf life or is time and/or date marked.

6.6.16 Sole Source: A purchase order or contract may be awarded without competition when the Deputy Administrator/Resource Management determines after a good faith review of available sources that there is only one source for the required product or service. The Deputy Administrator/Resource Management, with the assistance of the appropriate department or elected official, shall conduct negotiations as appropriate as to price, delivery, and other terms and conditions.

6.6.17 Goods or services available via Western States Contracting Alliance (WSCA) are exempt from the bid requirements.

6.6.18 Goods or services that are available via prior awarded bid to a governmental entity in the state of Colorado do not require an additional bid.

6.6.19 When an award of contract for products or services is pending following a formal bidding process, a resident Mesa County bidder shall be allowed a preference against a non-resident bidder equal to the preference given or required by the state or county or city in which the non-resident bidder resides.

AGENDA ITEM SHEET Date Submitted: November 7, 2014 Hearing Date Requested: November 17, 2014 Submitter: Dave Frankel Phone: 244-1897 Presenter: Dave Frankel Return originals to: DF Location: Number of originals to return to submitter: 1


Title of Item: Second Reading to Adopt an Ordinance allowing OHVs on Mesa County roads.



Recommended Board Action: Adopt an Ordinance allowing the operation of Off Highway Vehicles (OHVs) on county roads and providing penalties for violation of such ordinance.

Justification or Background: Colorado statutes allow for the use of OHVs on county roads upon adoption of an ordinance and regulations governing same. Several rural counties in central and western Colorado have allowed OHVs on their county roads. Mesa County is well-suited for such an ordinance and it would benefit the citizens to be able to recreate and travel in this manner, as well as add an economic incentive for Mesa County.

Fiscal Impact: This item is budgeted in the following account code: County: $0Federal: $ State: $ Other: $

Review: Administration: Approved Date: (11-17-14) Denied Date: ( ) Approved with Changes Date: ( )

Briefing Date: ( )

County Attorney: Approved Date: (11-7-14) Denied Date: ( ) Approved with Changes Date: ( )







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OR 012

ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS OF THE

COUNTY OF MESA, STATE OF COLORADO

ORDINANCE NO. 12

AN ORDINANCE ALLOWING THE OPERATION OF OFF-HIGHWAY

VEHICLES ON ALL COUNTY ROADS LOCATED IN UNINCORPORATED

AREAS OF MESA COUNTY, COLORADO AND PROVIDING PENALTIES FOR

VIOLATION OF SUCH ORDINANCE

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MESA

COUNTY COLORADO:

REFERENCES:

A. C.R.S. § 33-14.5-108(1)(f) authorizes the Board of Commissioners (the “Board”) to allow, through written resolution or ordinance, the establishment of off-highway vehicle (“OHV”) routes to permit the operation of OHVs on designated county roads which are not part of the state highway system.

B. C.R.S. § 33-14.5-110 authorizes the Board to regulate the operation of OHVs on County property and on streets and highways within its boundaries.

C. C.R.S. § 30-15-401(1)(h) authorizes the County to control and regulate the movement

and parking of vehicles and motor vehicles on public property, except state highways.

D. Authorizing the operation of OHVs on certain additional county roads will assist in promoting economic development within Mesa County and the operation of OHVs on such designated roads can be undertaken in a safe and prudent manner.

ORDINANCE:

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Section 1. Definition. The County hereby adopts the statutory definition of OHV from C.R.S. § 33-14.5-101(3) as: any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. “OHV” does not include the following: (a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles; (c) Military vehicles; (d) Golf carts; (e) Vehicles designed and used to carry disabled persons; (f) Vehicles designed and used specifically for agricultural, logging, or mining purposes; or (g) Vehicles registered pursuant to Article 3 of Title 42, C.R.S. Section 2. Designation of Routes. OHV travel shall be allowed, subject to the restrictions listed in this Ordinance, on all county roads located in unincorporated Mesa County. Restrictions and Prohibited Acts.

Section 2.01 Any person operating an OHV in the unincorporated areas of Mesa County shall comply with all rules and regulations applicable to such vehicles adopted by the State of Colorado and or the Federal Government, including but not limited to Article 14.5 of Title 33, C.R.S.

Section 2.02 Any person operating an OHV on a county road pursuant to this Ordinance shall be in possession of a valid motor vehicle operator’s license and be at least 16 years of age. Section 2.03 OHVs operating on Mesa County roads shall be equipped with:

(a) a muffler in constant operation and properly maintained;

(b) a spark arrestor in good working order which has been approved by the U.S. Forest Service as evidenced by the bona fide permanent marking of “qualified” or “approved” on the spark arrestor;

(c) a braking system that may be operated by hand or foot, capable of producing

deceleration of 14 feet per second on level ground at a speed of 20 miles per hour; and

(d) At least one lighted head lamp and one lighted tail lamp, each having the

minimum candlepower prescribed by regulation of the Division of Parks and Wildlife while being operated between the hours of sunset and sunrise.

Section 2.04 It shall be unlawful to operate an OHV on Mesa County roads in any of the following manners:

(a) On any portion of any street except the far right portion of the street;

(b) To ride together in any pattern except in single file;

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(c) On any public or private property or roads without express consent of the owner.

Section 2.05 OHVs operating on Mesa County roads shall be considered to be motor vehicles for purposes of maintaining at least the minimum liability insurance coverage required by the Colorado Motor Vehicle Financial Responsibility Law, Title 42, Article 7, C.R.S.

Section 2.06 All ordinances and regulations pertaining to vehicles or motor vehicles, including without limitation the Model Traffic Code adopted in Mesa County, shall be applicable to the operation of OHVs on County roads, except to those which, by their nature, can have no application. In the event of a conflict between such ordinances and regulations and this Ordinance, this Ordinance shall govern. Section 2.07 On county roads, OHVs shall not exceed 35 miles per hour or the posted speed limit, whichever is less.

Section 3. Limitations. This Ordinance does not authorize or designate the use of OHV’s on lands, roads or trails under the jurisdiction of municipalities or state or federal agencies or on other lands or roads not under the jurisdiction of Mesa County as set forth in Section 1. Nothing in this Ordinance shall prohibit the use of OHVs for agricultural purposes on any public road.

Section 4. Penalties. The following penalties shall apply to this ordinance: Section 4.01. The provisions of C.R.S. §42-4-1701 are adopted by this reference (references to Article 4 of Title 42 shall refer to the corresponding part of the Model Traffic Code), except that any fine or penalty and the surcharge shall be paid to the County; the penalties and applicable Court surcharges and administrative fees shall be consistent with those applied under the Model Traffic Code adopted in Mesa County. Section 4.02. With respect to violations of this Ordinance not covered by the Model Traffic Code, criminal prosecution may be brought against a violator in accordance with Sections 30-15-402 C.R.S. and under the penalty assessment procedure provided in Section 16-2-201 C.R.S. Such violations shall be a class 2 petty offense, and, upon conviction or confession of guilt thereof, shall by punished by a fine of not more than one thousand dollars for each separate violation, plus a surcharge of ten dollars ($10.00), under Section 30-15-402(2) C.R.S. and any applicable Court surcharges and administrative fees. Section 4.03. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, rule, order or regulation. Section 5. Application. The restrictions on operation of OHVs contained in this Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this County, the use of which this County has jurisdiction and

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authority to regulate. The provisions of Sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this County.

Section 6. Reevaluation. The Board will periodically re-evaluate this Ordinance to determine the propriety of the terms and conditions herein.

Section 7. Validity. If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.

Section 8. Repealer. All resolutions or ordinances, or parts thereof, in conflict with this Ordinance are hereby repealed, provided that this repealer shall not repeal the repealer clauses of such resolutions nor revive any resolution thereby.

Section 9. Safety. The adoption of this Ordinance is in the best interest, safety and welfare of the citizens of and visitors to Mesa County.

Section 10. Publication and Effective Date. The foregoing text is the authentic text of Ordinance No. 12. The first reading of said Ordinance took place on October 27, 2014 at a regular Board of County Commissioners Meeting. It was published in full in the Grand Junction Daily Sentinel on October ___, 2014. The Ordinance was adopted on second reading at a regular Board of County Commissioners Meeting on ________, 2014 and shall take effect on _________, 2014.

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ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS this ____ day of _______________, 2014.

MESA COUNTY BOARD OF COUNTY COMMISSIONERS ___________________________________ By and through its Chair, John Justman STATE OF COLORADO MESA COUNTY

ATTEST: ___________________________ Mesa County Clerk

Mesa County Ordinance #12

Board of County Commissioners County of Mesa, State of Colorado

AN ORDINANCE ALLOWING THE OPERATION OF OFF-HIGHWAY

VEHICLES ON ALL COUNTY ROADS LOCATED IN UNINCORPORATED AREAS OF MESA COUNTY, COLORADO AND PROVIDING PENALTIES FOR

VIOLATION OF SUCH ORDINANCE

CERTIFICATE The undersigned hereby certifies as follows:

1. I am the County Clerk and Recorder for the County of Mesa, State of Colorado, or a deputy County Clerk and Recorder for the County of Mesa, State of Colorado, and

2. The foregoing Ordinance of the County of Mesa was introduced and read in

proposed form at a regular meeting of the Board of County Commissioners of the County of Mesa, State of Colorado on the 27th day of October , 2014 , and

3. The proposed Ordinance of the County Mesa, State of Colorado was published in

full in the Grand Junction Daily Sentinel on the 31st day of October, 2014 , 4. The proposed Ordinance of the County of Mesa, State of Colorado, was considered

by the Board of County Commissioners of the County of Mesa, State of Colorado at a regular meeting, without amendments or additions, on the _______ day of ___________________, _______, and

5. The foregoing Ordinance of the County of Mesa, State of Colorado, which includes

any amendments thereto, was duly moved, seconded, and adopted by the Board of County Commissioners of the County of Mesa, State of Colorado, on the _______ day of ___________________, _______, and

6. The foregoing Ordinance of the County of Mesa, State of Colorado was published

by title in the Grand Junction Daily Sentinel on the _______ day of ___________________, _______

7 This Ordinance shall take effect on the _______ day of ________________________,

_______.

DATED THIS _______ DAY OF ___________________, _______

___________________________________ Sheila Reiner Mesa County Clerk & Recorder

COUNTY OF MESA STATE OF COLORADO

Seal

AGENDA ITEM SHEET Date Submitted: 11/12/2014 Hearing Date Requested: 11/17/2014 Submitter: BoCC Phone: 244-1885 Presenter: BoCC Return originals to: Admin Location: 3rd Floor Number of originals to return to submitter: 1


Title of Item: Establish job search goals for the position of County Administrator.



Recommended Board Action: Establish job search goals for the position of County Administrator.

Justification or Background: Tom Fisher, Mesa County's Administrator will be leaving his position as Administrator on 12/31/2014.

The Mesa County Board of County Commissioners will establish job search goals for the position.

Fiscal Impact: This item is budgeted in the following account code: n/a County: $ Federal: $ State: $ Other: $


Briefing Date: ( )

County Attorney: Approved Date: (n/a) Denied Date: ( ) Approved with Changes Date: ( )







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Documents

Board of MESA COUNTY...2014/11/17 · from the Secure Rural Schools and Community Self Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-393), as amended October 2, 2013,