board of mesa county commissioners agenda · 5/7/2012 · horizon vegetation management, inc., for...

Monday

May 7, 2012

9:05 a.m. in the Public Hearing Room, 544 Rood Avenue

Call Meeting to Order:

Deletions from Agenda:

Additions to Agenda: Approval of Minutes: April 23, 2012 AND April 30, 2012 APPROVED 3-0

Presentations: Adopting a Proclamation proclaiming May 6, 2012 through May 12, 2012

as National Correctional Officers Week

Listening to Business: Kathy Fernandez, Executive Director, Palisade Chamber of Commerce

Commissioners' Reports:

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

CORNER OF 6TH

AND WHITE STREETS**

ADMINISTRATION

***CONSENT AGENDA*** APPROVED 3-0 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) Approving the purchase of traffic marking paint and reflective glass spheres from Ennis Paint Company

for a not to exceed amount of $123,546.00 and Potters Industries for a not to exceed amount of

$32,467.20 during 2012 and authorizing the Purchasing Agent to sign the Purchase Orders. (James Nall,

Traffic/Dan Frank, Purchasing)

2) MCA 2012-065 Approving a Contract for Professional Services between Mesa County and

Horizon Vegetation Management, Inc., for roadside herbicide application services from May 7, 2012 to

December 31, 2012 at a cost not to exceed $76,913.00 and authorizing the Chair to sign. (Rhonda

Follman, Tri River/Eric Bruton, Road and Bridge)

***END OF CONSENT ITEMS***

Board of

MESA COUNTY

COMMISSIONERS

AGENDA

BOCC

May 7, 2012

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***ITEM(S) NEEDING INDIVIDUAL CONSIDERATION***

1) Requesting approval to bring legal action against Steve Cain and David Firmin for violation of the Mesa

County Land Development Code for property located at 761 33 Road and non addressed adjacent

property to the East, Clifton, Colorado. (T.J. Rix, Code Enforcement Officer) APPROVED 3-0

***END OF ITEM(S) NEEDING INDIVIDUAL CONSIDERATION***

***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

***END OF BRIEFING ITEM(S)***

Notice: Copies of the agenda items are available to review upstairs from Linda Frasier, Administrative

Specialist, or Beth Linn, Office Administrator.

UNSCHEDULED BUSINESS:

THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE MEETING IS NOT COMPLETED

BY THAT TIME.

END

CERTIFICATION OF POSTING

On May 3, 2012 at 4:00 p.m., B. Linn did post the above public notice of meeting on the East Entrance bulletin

board at 544 Rood Avenue, Grand Junction, Colorado on the above-referenced AGENDA.

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APRIL 23, 2012 CALL TO ORDER At 9:05 a.m., Chair Craig J. Meis called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioners Steven Acquafresca and Janet Rowland; Chantal Unfug, County Administrator; Angela Barnes, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) PRESENTATIONS

Sharefest Weekend Commissioner Rowland read the Proclamation into the record proclaiming April 28 and 29, 2012, as Sharefest Weekend. She presented it to Debe Colby, Chair of the Steering Committee for Sharefest, introduced the members of the Steering Committee that were present; and discussed the events that would take place on the weekend of April 28 and 29. Vicki McGee, Sharefest Project Manager, stated many of the area elderly and disabled citizens have become dependent upon Sharefest. The Board thanked the group for spearheading this endeavor helping the citizens. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE PROCLAMATION, PROCLAIMING APRIL 28 AND 29, 2012, AS SHAREFEST WEEKEND. National Institute of Corrections Tier 1 Site for Phase III of the Evidence-Based Decision Making in Local Criminal Justice

Systems Dennis Berry read a letter into the record from Governor Hickenlooper acknowledging Mesa County’s selection as the National Institute of Corrections Tier 1 site for Phase III of the Evidence-Based Decision Making in Local Criminal Justice Systems; congratulating the Mesa County Criminal Justice Group. Pete Hautzinger commented on how Mesa County was on the leading edge and very progressive; thanking the Board for their leadership on this. Chair Meis stated the entire Mesa County Team should be praised for the team effort.

(This space intentionally left blank)

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COMMISSIONERS' REPORTS Commissioner Acquafresca reported on Monday, April 16, he attended the Colorado River District Board meeting with the Denver Water Board and their staff discussing the Colorado water cooperative agreement. Tuesday and Wednesday morning, April 17 and 18, he attended the Colorado River District Board meeting; later on Wednesday, he attended a meeting at Western Colorado Community College discussing a winemaking and vintner education program. Thursday, April 19, he particpated in his monthly broadcast at KAFM; and attended the Colorado National Monument Community Committee open house on Glade Park. Friday, April 20, the Board and staff attended the Community Coffee at Loma; and he attended the Grand Mesa Scenic-Byway Committee meeting; and he and Chair Meis attended the reception at Palisade hosted by the Colorado Association of Builders and Contractors. Commissioner Rowland reported last week she attended the Transforming Local Government conference; giving some of the highlights of the conference. Chair Meis reported on Monday, April 16, the Board met with Denny Behrens. Tuesday, April 17, he participated in a SWOT analysis with the Workforce Center Group; and attended the Capital Improvement Plan meeting with Public Works; and met with Pete Baier and Donna Ross on Well Developed Communities. Wednesday, and Thursday he did numerous interviews regarding the resolution on oil shale. Thursday, April 19, he attended the Criminal Justice Leadership Group meeting; met with Eve Tallman, Library Director; and attended the Inside Mesa County class.

ADMINISTRATION

CONSENT AGENDA 1) APPROVE A CONTRACT FOR PROFESSIONAL SERVICES BETWEEN MESA COUNTY AND INDEPENDENT PUMP COMPANY FOR INSTALLATION OF A 5,000 GALLON DIESEL FUEL SYSTEM FROM APRIL 23, 2012, TO DECEMBER 31, 2012, AT A COST OF $52,639.00 AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-058.) 2) ADOPT A RESOLUTION DIRECTING THE COMMISSIONER TO CONVEY REAL ESTATE TO EXECUTE THE RECIPROCAL INGRESS/EGRESS EASEMENT AND AGREEMENT BETWEEN MESA COUNTY AND COLORADO SKY PROPERTIES, LLC FOR A THIRTY FOOT PERMANENT INGRESS/EGRESS EASEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Resolution and Agreement on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2012-035; and Contract and Agreement File No. MCA 2012-059.)

(Continued to the next page)

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Discussion on Consent Agenda Items: 1. Chair Meis asked if this was a part of the Public Works Campus and was it coming out of the Public Works Capital budget. Eric Bruton, Road and Bridge Supervisor; stated this tank will be at the new Public Works Facility; it is a one-time expenditure line item in the Road and Bridge budget for 2012; this was not considered in the Capital Plan. Commissioner Acquafresca asked if Road and Bridge had been refueling at the old fuel station. Eric stated they have been refueling at the Clifton station. The fuel tank at Clifton could not be relocated to the new facility as it does not meet the new requirements. 2. John Williams, Gateway Canyons, stated he has been working with Stacey Mascarenas for a reciprocal easement in front of the Community Center; this is a strip of land in front of the garage doors that the fire trucks use. Gateway Canyons will be purchasing the Stafford property and the Fire Department property to build an automated two-pump fuel facility. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE CONSENT AGENDA, AS ENTERED INTO THE RECORD. BRIEFING ITEM Presentation of the Certified Amendment to the Mesa County Master Plan for the Mack Community Plan 2012. (Amendment on file at the Mesa County Clerk’s Office; Report File No. R 2012-012.) Kaye Simonson, Long Range Planning; and Linda Dannenberger, Planning Division Director; presented the Mack Community Plan 2012. The Mack Plan was adopted by the Mesa County Planning Commission on March 22, 2012. This new plan takes the place of the Loma-Mack Area Plan that was adopted in 2004; a new Loma Community Plan was adopted in 2009. Commissioner Acquafresca stated this was a good process. Chair Meis stated this was straightforward. He asked if there were still implementation dollars in the Capital Fund for the Loma and Mack Area Plans. Chantal Unfug stated that she would look into it. He asked if there were any CIP projects by Public Works for this area in the future. Linda stated in the future there would need to be a sewer line replacement project; and the upgrade to the Mack lagoons. Linda stated the Country Living Park is having sewer and water line failures.


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The primary issue in the future is the water delivery; the water lines are failing and there is only one Ute Water meter for the entire subdivision. The HOA pays the monthly water fees out of the $65.00 monthly HOA dues for the owners. The water lines were placed in the private roads, which are substandard and do not meet the Mesa County requirements for Mesa County to accept and maintain, unless we agree to do it at a lesser service level. ADJOURN With no further business to come before the Board, Chair Meis adjourned the meeting at 9:50 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Craig J. Meis, Clerk to the Board Chair

(Verbatim digital files of the Commissioners’ Proceedings of April 23, 2012, are on file in the Mesa County Clerk’s Office.)

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APRIL 30, 2012 CALL TO ORDER At 9:05 a.m., Chair Craig J. Meis called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioners Steven Acquafresca and Janet Rowland; Chantal Unfug, County Administrator; Angela Barnes, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) CHANGES TO AGENDA Chantal Unfug stated there was a change to the order of the agenda: Listening to Business will be moved to the beginning; the Hearing Item, I-1 on the water rights issue with the Forest Service will be next; and then the Presentation of the Proclamation, Proclaiming 2012 as the Year of Water in Mesa County will be third. Chair Meis requested a motion for moving the Individual Consideration item. STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION UNANIMOUSLY CARRIED THAT ITEM I-1 BE MOVED ON THE AGENDA TO OCCUR RIGHT AFTER LISTENING TO BUSINESS. APPROVAL OF MINUTES APRIL 16, 2012 JANET ROWLAND MOVED TO APPROVE THE MINUTES OF APRIL 16, 2012, AS ENTERED INTO THE RECORD. Commissioner Acquafresca stated he had a minor change on page 7, paragraph 6, line 8 the word “insensitive” should be “incentive”. JANET ROWLAND AMENDED HER MOTION TO INCLUDE THE CHANGE AS ENTERED INTO THE RECORD; STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED.


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LISTENING TO BUSINESS Andy Daly, Powderhorn Ski Corporation, stated this was their first season at Powderhorn, which was very successful. This happened in a year that was marked by a lack of snow and greater number of sunny days, their skier days grew by 7%; over 68% of the skiers were from Mesa County and were skiers of all ages. From the financial perspective, Powderhorn employed over 300 people, with approximately 50% from Grand Junction and the rest from Mesa County and the surrounding areas. Powderhorn experienced an average snow year, while across the State it was an all time low. Looking to the future, they are working on a CHAFA grant, which would allow significant improvements in the summer of 2013, to the snow making system and upgrading the lifts. With greater snowmaking ability, they would be able to open earlier, adding skier days; and upgrading the lifts for year-round use for mountain biking in the summer. Andy stated it was a terrific season with great support from the area. Currently they are working with the Forest Service to expand the summer activities allowed with the Conditional Use Permit they have on the federal lands.

ADMINISTRATION

INDIVIDUAL CONSIDERATION ADOPT A RESOLUTION TO OPPOSE UNREASONABLE CONDITIONS IN FEDERAL LAND USE PERMIT FOR SKI AREA OPERATIONS AND AUTHORIZE THE CHAIR TO SIGN. Commissioner Rowland read the resolution into the record. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, TO ADOPT A RESOLUTION TO OPPOSE UNREASONABLE CONDITIONS IN FEDERAL LAND USE PERMIT FOR SKI AREA OPERATIONS AND AUTHORIZE THE CHAIR TO SIGN. Chair Meis asked for comment prior to a vote. Andy Daly, Managing Partner for Powderhorn Ski Company; thanked the Board for the leadership in this matter; the resolution will support not only the ski industry but the States’ rights relative to our water resources. Powderhorn Ski Company has worked with the Forest Service on the new special use permit, which required them to adopt the new water policy and they did so under protest. They are hoping that with continued interaction with local governments and state government that the Forest Service will come to a more reasonable solution for the water rights policy.


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The National Ski Areas Association took this matter on; they have been working with the Forest Service for several years on creative solutions in lieu of the Forest Service forcing the ski areas to share their water rights. Colorado Ski Country is also involved in the ongoing litigation. Chair Meis stated the silence is deafening that neither the State nor the Governor’s Office is front and center on this matter. Commissioner Acquafresca stated Colorado’s Congressional delegation, both US Senators and Congressman Tipton, have filed protests with the Forest Service in regards to this action. Congressman Tipton has made reference in discussions with the Board that there is a possibility of Legislation to remedy the matter if the litigation is not successful. At the most recent River District Board meeting, the Board took action and directed staff to prepare an Amicus Brief to the court filing that is currently standing. The River District also adopted a resolution such as this one. Federal agencies have a long history of trying to gain control of Colorado’s private water rights in a manner that is not consistent with free market water resources. The stakes are very high in this matter; nearly all the watershed in Colorado is on Forest Service lands. Chair Meis stated he agrees; Club 20 has passed a similar resolution; he believed this matter should have the State’s support. Jim Pokrandt, River District Communication and Education Specialist; stated they will welcome allies in this cause. Benita Phillips, President of Mesa County Western Colorado Congress; stated they were in support of the resolution; they would like to keep the water kept in recreational use and placed in its natural cycle and kept in the state, under state control rather than to have it go to oil and gas for fracking and becoming extinct after it has been used. Commissioner Rowland stated she believes this is more than just a water issue; this is about economic development and it is private property. She stated the Office of Economic Development and the Governor’s Office need to be contacted. Vote: NOTION UNANIMOUSLY CARRIED. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2012-040.)


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PRESENTATIONS

2012 as the Year of Water in Mesa County, Colorado Commissioner Acquafresca read the Proclamation into the record proclaiming 2012 as the Year of Water in Mesa County, Colorado. He presented it to Hannah Home, Colorado Mesa University Coordinator of the Water Center, and Jim Pokrandt, River District Communication and Education Specialist. Hannah invited the Board to the State of the Rivers, Wednesday evening. Jim stated in celebration of the 75th anniversary of the River District they are having a book written on the formation and history of the district. STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION UNANIMOUSLY CARRIED TO ADOPT A PROCLAMATION, PROCLAIMING 2012 AS THE YEAR OF WATER IN MESA COUNTY, COLORADO. COMMISSIONERS' REPORTS Commissioner Rowland stated last week she attended several Board meetings of Prevent Child Abuse Colorado and How are the Children; and attended the GJEP Board meeting. Commissioner Acquafresca reported on Monday, April 23, he attended the Grand Valley Regional Transportation Committee meeting; and the Board attended the Municipalities meeting. Tuesday, April 24, he participated in the TBD Colorado exercise hosted by the Department of Local Affairs. Wednesday, April 25, he attended the Chamber Energy briefing; a reception for the new Colorado National Monument Supervisor; and the Colorado National Monument Community Committee meeting. Thursday, April 26, he attended a strategy session with the legal counsel for the five potential Grand Valley Water entities that are negotiating along with the Colorado River Water District on the water agreement with the Denver Water Board. Chair Meis reported on Wednesday, April 25, he attended a meeting with the Federal Mineral Lease Board and Colorado Mesa University officials regarding the FML endowment. Thursday, April 26, he attended the Board of Health meeting; and attended a meeting with Colorado Mesa University and officials from Garfield County. Friday, April 27, he attended the Motorized Recreational Alliance on the draft RMP out of the Grand Junction BLM Office.


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CONSENT AGENDA 1) APPROVE A LEASE BETWEEN MESA COUNTY AND HILLTOP COMMUNITY RESOURCES, INC., FOR A PORTION OF THE PREMISES LOCATED AT 1105 COLORADO AVENUE, GRAND JUNCTION, COLORADO FROM JUNE 1, 2012, TO AUGUST 31, 2012, AT A COST OF $2,428.13 PER MONTH AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-060.) 2) REAPPOINT JOHN JUSTMAN AND CHRISTY FLYNN TO THE MESA COUNTY PLANNING COMMISSION WITH TERMS EXPIRING JULY 1, 2015. 3) APPOINT LARRY MEENS TO A VACANT REGULAR POSITION ON THE WEED ADVISORY BOARD WITH A TERM EXPIRING JANUARY 19, 2015. 4) ADOPT A RESOLUTION RESCINDING RESOLUTION NOS. MCM 2010-122, MCM 2010-122(A) AND MCM 2010-122(B) TO REMOVE ALL REQUIREMENTS TO PETITION FOR INCLUSION INTO THE MESA COUNTY BOOKCLIFF URBAN SERVICES PUBLIC IMPROVEMENT DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. (Resolution on file at the Mesa County Clerk’s Office; recorded in Book 5292, at Page 985, Reception No. 2609225, Resolution File No. MCM 2010-122(c).) 5) ADOPT A RESOLUTION APPROVING THE REVISION TO RESOLUTION NO. MCM 2007-151 IN REGARDS TO FEES FOR BIO-SOLIDS/SLUDGE AND AUTHORIZE THE CHAIR TO SIGN. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2007-151(a).) 6) APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN MESA COUNTY AND DREXEL, BARRELL & COMPANY FOR THE K ROAD DESIGN FROM 22.5 ROAD THROUGH 23 ROAD AT A COST OF $104,541.00 AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-061.) 7) APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN MESA COUNTY AND COLLINS ENGINEERS, INC., FOR 2012 MINOR STRUCTURES INSPECTION (DISTRICT A) AT A COST OF $78,215.00 AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-062.) 8) APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN MESA COUNTY AND RIVERCITY CONSULTANTS FOR THE 38 ROAD SAFETY IMPROVEMENT DESIGN AT A COST OF $89,840.00 AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-063.)


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9) ADOPT A RESOLUTION AUTHORIZING THE COMMISSIONER TO CONVEY REAL ESTATE TO DEDICATE AND DEED TO MESA COUNTY PARCELS OF LAND FOR “PUBLIC ROADWAY AND UTILITIES RIGHT-OF-WAY PURPOSES” AND TO RECORD SAID DEEDS WITH THE CLERK AND RECORDER OF MESA COUNTY AND AUTHORIZE THE CHAIR TO SIGN. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. MCM 2012-039.) 10) APPROVE AN AGREEMENT BETWEEN MESA COUNTY AND DIRTWORKS CONSTRUCTION, LLC FOR THE 33 ROAD FINAL PHASE (IV-B) IMPROVEMENT PROJECT TO BEGIN WITHIN TEN (10) DAYS AFTER THE DATE OF THE NOTICE TO PROCEED AND TO BE COMPLETED WITHIN NINETY (90) CALENDAR DAYS AT A COST OF $938,796.48 AND AUTHORIZE THE CHAIR TO SIGN. (Moved to Individual Consideration.) Discussion on Consent Agenda items: Commissioner Acquafresca stated he has questions on #4, depending on the answers he may wish to remove for Individual Consideration. 4. Commissioner Acquafresca asked when the District was adopted was it by the Bookcliff Public Improvement District Board. Keith Fife, Long Range Planning Director, stated the Board of County Commissioners created the District; then after the District was formed, triggers were created through development applications that required petitioning into the District. The PID Board will have an action in the near future to consider dissolving the District in its entirety. Commissioner Acquafresca asked what happens to the collected property taxes from the property owners in the District; this resolution makes no mention of that. Keith stated that will be a part of the resolution the PID Board will act on. 6. Commissioner Acquafresca stated the successful bidder on this project is from out of the County; he asked if the other bidders were notified of this in the event they wanted the County to look at the Boulder County preference policy. Mike Meininger, Engineering; stated Drexel Barrell has a local office and is considered a local bidder. 9. Commissioner Acquafresca asked if this was a process of converting actual deeded parcels into County right-of-way and Fruita right-of-way. Stacey Mascarenas, Commissioner to Convey Real Estate, stated that was correct; these were the easier ones; these acquisitions were clearly for road right-of-way, the legal descriptions did not clearly state that.


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10. Commissioner Rowland stated her understanding on the reason to finish this project was because the County had a grant; but there is not a grant amount listed on the agenda sheet. Connie Hahn, Public Works, stated once the project was finished and if the County spent the entire $938,796, the County would receive $127,393 back in grant funds. Until the contract is finished, she would not know the exact amount of the grant award. Commissioner Rowland stated she would not have been in support of spending another million dollars in Clifton; again, knowing the County would only receive $127,000. Connie stated the original award was $250,000 on one piece of 33 Road; and then the Board asked her to go back to DOLA and expand the award to include last year’s phase and this phase; the award did not grow only the span of time to do the work. Chair Meis stated Connie was asked to expand the timeline as the County wanted the funds sooner. He stated he would have liked to shut down the improvements to 33 Road, but the County was creating a bottleneck if the project was not finished. The DOLA grant was for this phase and not for the previous phase but the County wanted some of the money earlier. Mike Meininger stated 33 Road is a 1 ½ mile project; the phase the Board is talking about is the last ¾ mile section. Commissioner Rowland stated she is not in favor of spending another million in Clifton and asked to remove this item from the Consent Agenda. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO REMOVE ITEM 10 FROM THE CONSENT AGENDA. JANET ROWLAND MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE CONSENT AGENDA, AS AMENDED.

ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING AND

CONVENE AS BOARD OF HUMAN SERVICES APPROVAL OF MINUTES

FEBRUARY 17, 2012 (The minutes are actually February 27, 2012.)

STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE MEETING MINUTES OF THE FEBRUARY 27, 2012, MEETING.

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INDIVIDUAL CONSIDERATION APPROVE THE CERTIFICATION OF EXPENDITURES AND AUTHORIZATIONS FOR DECEMBER 2011, JANUARY 2012, AND FEBRUARY 2012, AND AUTHORIZE THE EXECUTIVE DIRECTOR TO SIGN THE CERTIFICATIONS. Presenter: Barb Golden, Finance Barb Golden reviewed the reports starting with December 2011. The County expenditures (less County share) of authorizations $2,185,699; client benefits authorized $3,630,882, of that the County share is $197,966; total County expenditures for December 2011 are $2,383,665 and total authorizations are $5,816,581. The total authorizations for the 2011 year were $60,840,063; which was $1.9 less than the same time in 2010. The February 2012, report is as follows: the County expenditures (less County share) of authorizations $1,449,142; client benefits authorized $4,191,006, of that the County share is $182,944; total County expenditures for February 2012, are $1,632,088 and total authorizations are $5,640,149. The total authorizations for January and February 2012, $10,267,583. Food assistance is still going up slightly each month but not as much as in 2010 and the first part of 2011; it is up $228,000 from the same time in 2011. Child welfare services are down $163,000 from this time last year. Chair Meis asked why are we looking at December and January reports as it is April. Barb stated when the Department is trying to close out the end of year reports; they do not like to push the reports out until they have done all the reconciliations. They are always at least a bit over a month behind. STEVEN ACQUAFRESCA MOVED TO APPROVE THE CERTIFICATION OF EXPENDITURES AND AUTHORIZATIONS FOR DECEMBER 2011, JANUARY 2012, AND FEBRUARY 2012; JANET ROWLAND SECONDED WITH AMENDMENT OF TO AUTHORIZE THE EXECUTIVE DIRECTOR TO SIGN THE CERTIFICATIONS AND THE BOARD TO SIGN; AND MOTION UNANIMOUSLY CARRIED. (Reports on file at the Mesa County Clerk’s Office; December report R 2012-013; January report R 2012-014; and February report R 2012-015.)

ADJOURN THE BOARD OF HUMAN SERVICES HEARING AND

RECONVENE AS THE BOARD OF COUNTY COMMISSIONERS

INDIVIDUAL CONSIDERATION

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ADOPT A RESOLUTION TO OPPOSE UNREASONABLE CONDITIONS IN FEDERAL LAND USE PERMIT FOR SKI AREA OPERATIONS AND AUTHORIZE THE CHAIR TO SIGN. (Moved to the beginning of the hearing.) APPROVE AN AGREEMENT BETWEEN MESA COUNTY AND DIRTWORKS CONSTRUCTION, LLC FOR THE 33 ROAD FINAL PHASE (IV-B) IMPROVEMENT PROJECT TO BEGIN WITHIN TEN (10) DAYS AFTER THE DATE OF THE NOTICE TO PROCEED AND TO BE COMPLETED WITHIN NINETY (90) CALENDAR DAYS AT A COST OF $938,796.48 AND AUTHORIZE THE CHAIR TO SIGN. (Moved from the Consent Agenda.) Presenter: Mike Meininger, Engineering The project is 33 Road, from D ½ Road to just slightly north of the F Road intersection. This is the last phase to complete that corridor with a three-lane roadway and curb, gutter, and sidewalk; otherwise, we will have an offset hourglass roadway, with the narrow section in the middle. He believed to not complete this section would create a safety issue. This section is from E 1/2 Road north to near the railroad tracks. The railroad tracks north to past the intersection at F Road was the prior phase. The County received DOLA grants for the corridor work, the bridge replacement on the southern end, and the intersection safety project at E ¼ Road; if this piece is executed the County will have received a total of $1.2 million worth of DOLA grants. Chair Meis asked what the entire project has cost. Mike stated it is over $8 million. Chair Meis stated he thought the agreements with the Railroad moved along faster than anticipated. Mike stated they did and it was best to do that phase ahead of this phase. Commissioner Rowland stated she doesn’t support re-distribution of wealth on any level; there are other areas of the County that have needs and they have subsidized the Clifton/Fruitvale area. In the past seven-years, she has supported the projects for this area thinking the Clifton area citizens would take responsibility for themselves and they chose not to do that. This project alone is $8 million; she understands the issues of the hourglass; but she cannot support this project. Commissioner Acquafresca stated he approves the execution of this contract and completing the project. Chair Meis stated he would like to support Commissioner Rowland; however, if the Board was going to take that path it should have been done on the previous phase. He stated for safety reasons, he could not in good faith create a bottleneck roadway. This is the last of the projects for that area.


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STEVEN ACQUAFRESCA MOVED, CRAIG J. MEIS SECONDED, AND MOTION CARRIED TO APPROVE AN AGREEMENT BETWEEN MESA COUNTY AND DIRTWORKS CONSTRUCTION, LLC FOR THE 33 ROAD FINAL PHASE (IV-B) IMPROVEMENT PROJECT TO BEGIN WITHIN TEN (10) DAYS AFTER THE DATE OF THE NOTICE TO PROCEED AND TO BE COMPLETED WITHIN NINETY (90) CALENDAR DAYS AT A COST OF $938,796.48 AND AUTHORIZE THE CHAIR TO SIGN. (Vote: Favor – Acquafresca and Meis; Opposed – Rowland.) (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. MCA 2012-064.) ADJOURN With no further business to come before the Board, Chair Meis adjourned the meeting at 10:20 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Craig J. Meis, Clerk to the Board Chair

(Verbatim digital files of the Commissioners’ Proceedings of April 30, 2012, are on file in the Mesa County Clerk’s Office.)

C:\temp\XPgrpwise\2012 Agenda Pavement Marking Paint.doc

Hearing Date Requested: May 7, 2012

Date Submitted: April 27, 2012

From: James Nall Ext: 4151

C 1 Presenter: James Nall Ext. 4151

Dan Frank Ext. 7151 Agenda Category:

Consent: _XX___ Consideration :___Briefing:____

TO: MESA COUNTY COMMISSIONERS

TITLE OF ITEM: White and Yellow Acrylic Waterborne, Fast Dry, CDOT Type A Traffic Marking Paint and Reflective Glass Spheres.

RECOMMENDED BOARD ACTION: Approve the Purchase of Traffic Marking Paint and Reflective Glass Spheres from Ennis Paint Company for a not to exceed amount of $123,546.00 and Potters Industries for a not to exceed amount of $32,467.20 during 2012 and authorize the Purchasing Agent to sign the Purchase Order. BACKGROUND/JUSTIFICATION: Traffic Services and Purchasing recommend using Colorado Department of Transportation (CDOT) and Municipal Association of Purchasing Officials (MAPO) contract pricing. This pricing is the result of formal bid processes. Paint was bid by CDOT and glass spheres were bid by the City of Loveland Colorado. Both solicitations have piggy-back clauses allowing other government entities to take advantage of the economies of scale afforded by multiple agency purchasing. Note: The City of Grand Junction is also using these contracts for the same items.

White Paint 26 (300 gal. totes) at $2,697.00 ea. $70,122.00 Yellow Paint 21 (300 gal. totes) at $2,544.00 ea. $53,424.00

Total Price for Paint $123,546.00 Reflective Spheres 114,000 lbs. at $0.2848/lb. $32,467.20

Total all products $156,013.20

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

Scan: Yes _________ No________________ Fiscal Impact: This item is budgeted in the following account code :130.80302.61252 County $ 156,013.20 Federal: $____________________ State: $____________________ Other: $____________________ Review: Administration__B. Linn_______________Date___4/27/12________County Attorney N/A Date_____________ Approved by Risk N/A Date_______________Finance Eleanor Thomas Date 4/27/12

AGENDA ITEM SHEET

C:\temp\XPgrpwise\2012 Herbicide Application.docx

Hearing Date Requested: May 7, 2012

Date Submitted: April 30, 2012

From: Rhonda Follman Ext:1839

C 2 Presenter: Rhonda Follman Ext. 1839

Eric Bruton Ext. 1895 Agenda Category:

Consent: _XX___ Consideration :___Briefing:____


TITLE OF ITEM: Roadside Herbicide Application Services. RECOMMENDED BOARD ACTION: Approve the Contract for Roadside Herbicide Application Services with Horizon Vegetation Management, Inc. for the not to exceed amount of $76,913.00. BACKGROUND/JUSTIFICATION: Each year Mesa County contracts for services to provide the application of herbicides along roadways in Mesa County. Mesa County/City of Grand Junction Purchasing Divisions issued a formal Invitation For Bid (IFB-3429-12-SH). Four responses were received and evaluated. Horizon Vegetation Management, Inc. submitted the lowest bid at $76,913.00. The bid results are listed below:

Horizon Vegetation Management, Inc. $76,913.00 DeAngelo Brothers $88,402.88 Conservation Seeding & Restoration $398,063.02 WD Yards $486,574.00


Scan: Yes _________ No________________ Fiscal Impact: This item is budgeted in the following account code :130.80202.62890 County $ 76,913.00 Federal: $____________________ State: $____________________ Other: $____________________ Review: Approved for legal form by Administration___B. Linn__________Date__4/30/12___________County Attorney Lyle Dechant Date__5/1/12___________ Concerned with bid spread – it looks like 2 of the bidders may not have understood the scope. Approved by Approved by Risk Jean Boothe Date___5/1/12 ____________Finance Eleanor Thomas Date 4/30/12

AGENDA ITEM SHEET

C:\temp\XPgrpwise\BoCC agenda for Public Meeting.doc

Hearing Date Requested:___May 7, 2012____

Date Submitted:_ May 1, 2012____________

From:_Tony Piotrowski_Extension:_255-5033____

I 1 Presenter:__T.J. Rix, Code Compliance Officer___

Agenda Category:

Consent:____Consideration:_XX_____Briefing:____


TITLE OF ITEM: Code Compliance Services request for legal action RECOMMENDED BOARD ACTION: Request for approval to bring legal action against Steve Cain and David Firmin for violation of the Mesa County Land Development Code for property located at 761 33 Road and non addressed adjacent property to the East, Clifton, Colorado. JUSTIFICATION/BACKGROUND: Please see attached documents


Scan: Yes_____________ No________________ Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________ County $__________________ Federal: $____________________ State: $____________________ Other: $____________________ Review: Administration___________________________Date_______________County Attorney_______________________ Date_____________ Risk___________________________________Date_______________________Finance______________________________Date____________

AGENDA ITEM SHEET

Code Compliance Services Request for Legal ActionCode Compliance Services Request for Legal Action

Case File Numbers:Case File Numbers: 20112011 0050 20110050 2011 0051 & 20120051 & 2012 00630063Case File Numbers: Case File Numbers: 20112011--0050, 20110050, 2011--0051 & 20120051 & 2012--00630063

Property Owners: Property Owners: Steve Cain and Steve Cain and S & D Ranch, LLC S & D Ranch, LLC -- Registered Agents; Steve Registered Agents; Steve C i d D id Fi iC i d D id Fi iCain and David FirminCain and David Firmin

Violation Locations: 761 33 Road, and the non addressed adjacent Violation Locations: 761 33 Road, and the non addressed adjacent property to the east, Clifton, CO 81520property to the east, Clifton, CO 81520p ope y o e e s , C o , COp ope y o e e s , C o , CO

Parcel Numbers:Parcel Numbers: 27052705--351351--0000--078 and 2705078 and 2705--351351--0000--033033

Zone District:Zone District: AFTAFTZone District:Zone District: AFTAFT

Compliance Officers:Compliance Officers: T.J. Rix and Tony PiotrowskiT.J. Rix and Tony Piotrowski

Request:Request: Approve legal action against Steve Cain andApprove legal action against Steve Cain andRequest: Request: Approve legal action against Steve Cain and Approve legal action against Steve Cain and David Firmin for storing junk and David Firmin for storing junk and inoperable/unregistered vehicles along withinoperable/unregistered vehicles along withplacement of an accessory structure and aplacement of an accessory structure and aplacement of an accessory structure and a placement of an accessory structure and a dwelling without obtaining planning approval, dwelling without obtaining planning approval, all in violation of the Land Development Code. all in violation of the Land Development Code. 11

AERIAL LOCATION MAPAERIAL LOCATION MAP2705-254-00-049

FONTANARI RUDOLPH

2705-253-00-056

FEE DORTHY ANon-Addressed Parcel, Clifton

Owner: S & D Ranch LLC2939-012-00-914

BLM2939-024-00-002775 34 RD

HOLM DALE W

2705-362-00-047

2705-361-00-104

STOUT GLENN A2705-351-00-033

Approximately 10 Acres

34 R

D

CACTUS LLC

2939-111-00-914

UNITED STATES DEPARTMENT OF INTERIOR

2705-361-00-065

FEE DOROTHY A2705-362-00-207

GONZALES RUDY

61 33 R d Clift

33 Road

I70

2705-354-00-023705 33 RD

MILLER JACOB

2705-363-00-208726 33 RD

GONZALES RUDY

2705-363-00-046722 33 RD

HAMIL KENNETH J

2705-364-00-938

COUNTY OF MESA

761 33 Road, CliftonOwner: Steve Cain2705-351-00-078


I70

G RD

KERNS DR

I70 WB OFF RAMP

2705-363-00-045

LAMB TERALD R


22

33 RD

I70B

33 3

/4 R

D

I7

I70 A

CCESS RD

34 R

D

August, 2011 AERIAL PHOTOAugust, 2011 AERIAL PHOTOg ,g ,

33

CASE HISTORYCASE HISTORYMarch 18, 2011, received written complaint March 18, 2011, received written complaint about about

junk and numerousjunk and numerous unregistered/inoperableunregistered/inoperablejunk and numerous junk and numerous unregistered/inoperable unregistered/inoperable vehicles.vehicles.

MarchMarch 31, 2011, first site visit31, 2011, first site visit confirms autoconfirms autoMarch March 31, 2011, first site visit 31, 2011, first site visit confirms auto confirms auto salvage and junk violations along with a salvage and junk violations along with a unapproved unapproved HUD HUD mobile home, first mobile home, first RVC/Compliance Plan issued. RVC/Compliance Plan issued.

August 12, 2011, acceptable Compliance Plan to August 12, 2011, acceptable Compliance Plan to g p pg p pcorrect violations by December 01, 2011. correct violations by December 01, 2011.

October 24, 2011, follow up site visit indicates junk October 24, 2011, follow up site visit indicates junk

44

, , p j, , p jviolation has increased.violation has increased.

Vista ViewVista View33 R d O t I33 R d O t I 707033 Road Overpass at I33 Road Overpass at I--7070

55

CASE HISTORYCASE HISTORYNovember 01, 2011, Mr. Cain telephones our office.November 01, 2011, Mr. Cain telephones our office.

•• Using adjacent property to store unregistered Using adjacent property to store unregistered g j p p y gg j p p y gvehicles screened with dirt vehicles screened with dirt bermsberms

DecemberDecember 01 2011 Compliance Plan01 2011 Compliance Plan expired noexpired noDecember December 01, 2011, Compliance Plan 01, 2011, Compliance Plan expired, no expired, no contact contact with Mr. Cain since November 01, 2011with Mr. Cain since November 01, 2011

DecemberDecember 19 2011 follow up site visit19 2011 follow up site visitDecember December 19, 2011, follow up site visit19, 2011, follow up site visit Junk violation on both properties continuesJunk violation on both properties continues

N t d f l iN t d f l i l fl f No apparent record of planning No apparent record of planning approvals for approvals for structuresstructuresWood privacy fence/dirt berms fail to adequatelyWood privacy fence/dirt berms fail to adequately

66

Wood privacy fence/dirt berms fail to adequately Wood privacy fence/dirt berms fail to adequately screen junk and unregistered vehiclesscreen junk and unregistered vehicles

Vista ViewVista Viewf 33 R d N th f If 33 R d N th f I 7070from 33 Road North of Ifrom 33 Road North of I--7070

Unapproved Mobile Home and Green House

77

NOTICE OF VIOLATION ISSUEDNOTICE OF VIOLATION ISSUED April 05, 2012, NOVs and Public Meeting April 05, 2012, NOVs and Public Meeting

notification personally issued to:notification personally issued to:Mr. Steve Cain at 761 33 Road, Clifton, COMr. Steve Cain at 761 33 Road, Clifton, CO

Junk Violation on 761 33 Road and the adjacent ten Junk Violation on 761 33 Road and the adjacent ten acre parcelacre parcelacre parcelacre parcel Development Violation for failing to obtain required Development Violation for failing to obtain required

planning approval for existing mobile home and planning approval for existing mobile home and accessor str ct re on 761 33 Roadaccessor str ct re on 761 33 Roadaccessory structure on 761 33 Roadaccessory structure on 761 33 Road

Mr. David Firmin at 2053 L Road, Grand Junction, COMr. David Firmin at 2053 L Road, Grand Junction, CO Junk Violation on the adjacent ten acre parcel east ofJunk Violation on the adjacent ten acre parcel east ofJunk Violation on the adjacent ten acre parcel east of Junk Violation on the adjacent ten acre parcel east of

761 33 Road761 33 Road

Notice postcards have been sent to all property owners that Notice postcards have been sent to all property owners that

88

yyare adjacent to the subject properties notifying them of this are adjacent to the subject properties notifying them of this public meetingpublic meeting

April 20, 2012 April 20, 2012 -- 22ndnd Compliance PlanCompliance PlanPhase One; complete by May 05, 2012Phase One; complete by May 05, 2012

•• Clean both properties to the extent they will not expose junk or Clean both properties to the extent they will not expose junk or unregistered vehicles to public view along Iunregistered vehicles to public view along I 70 33 Road overpass70 33 Road overpassunregistered vehicles to public view along Iunregistered vehicles to public view along I--70, 33 Road overpass 70, 33 Road overpass at Iat I--70, and along 33 Road north bound from I70, and along 33 Road north bound from I--7070

Phase Two; complete by May 30, 2012Phase Two; complete by May 30, 2012ase o; co p ete by ay 30, 0ase o; co p ete by ay 30, 0•• Remove or adequately screen exposed junk in north west corner Remove or adequately screen exposed junk in north west corner

of 761 33 Road and register or remove all but one of the of 761 33 Road and register or remove all but one of the unregistered vehiclesunregistered vehiclesunregistered vehiclesunregistered vehicles

Phase Three; complete by June 30, 2012Phase Three; complete by June 30, 2012•• Remove or adequately screen all but one of the unregistered Remove or adequately screen all but one of the unregistered q y gq y g

vehicles stored on the adjacent ten acre property to include those vehicles stored on the adjacent ten acre property to include those stored in the excavated area stored in the excavated area

•• Reclaim the excavated dirt berm area on the adjacent ten acre Reclaim the excavated dirt berm area on the adjacent ten acre jjproperty to allow for natural drainageproperty to allow for natural drainage

99

Current Vista ViewCurrent Vista View33 R d I33 R d I 0 O0 O33 Road at I33 Road at I--70 Overpass70 Overpass

1010

Code Violations and EnforcementCode Violations and EnforcementThe use of the AFT zone district properties for The use of the AFT zone district properties for junkyard/salvage yard activities and for land junkyard/salvage yard activities and for land d l t ith t l i ld l t ith t l i ldevelopment without planning approval are development without planning approval are violations of the following Code sections:violations of the following Code sections:

3.5.11.3 3.5.11.3 –– Residential/Agricultural Site Plan ApprovalResidential/Agricultural Site Plan Approval

5.2.12 5.2.12 –– Junk Yards/Salvage Yards Without ApprovalJunk Yards/Salvage Yards Without Approval

11.2.1 11.2.1 –– Use, Structure or Sign Without Permit or Use, Structure or Sign Without Permit or ApprovalApproval

11.2.2 11.2.2 –– Activities Inconsistent With Land Activities Inconsistent With Land Development CodeDevelopment Code

1111

11.2.3 11.2.3 –– Activities Without Permit or ApprovalActivities Without Permit or Approval

STAFF RECOMMENDATIONSTAFF RECOMMENDATIONSTAFF RECOMMENDATIONSTAFF RECOMMENDATION Code Compliance Services is requesting approval, should Code Compliance Services is requesting approval, should p q g pp ,p q g pp ,

they fail to complete any phase of their signed corrective they fail to complete any phase of their signed corrective action Compliance Plan, to file legal action against Mr. action Compliance Plan, to file legal action against Mr.

//Cain and Mr. Firmin for unapproved residential/ Cain and Mr. Firmin for unapproved residential/ agricultural development and for having junk or a agricultural development and for having junk or a junkyard all in violation of the Mesa County Landjunkyard all in violation of the Mesa County Landjunkyard, all in violation of the Mesa County Land junkyard, all in violation of the Mesa County Land Development Code. Development Code.

Mesa County has authority under sections 11.4.8 and 11.6 of the Land Development Code and Mesa County has authority under sections 11.4.8 and 11.6 of the Land Development Code and under under §§ 3030--2828--124(1)(b)(I), (II), and (III), C.R.S. to request a Summons and Complaint be 124(1)(b)(I), (II), and (III), C.R.S. to request a Summons and Complaint be issue for violation of the Mesa County Land Development Codeissue for violation of the Mesa County Land Development Code

1212Thank You for Your Time and AttentionThank You for Your Time and Attention

board of mesa county commissioners agenda · 5/7/2012 · horizon vegetation management, inc., for...

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