AGENDA MONDAY November 10, 2014

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1 AGENDA MONDAY November 10, 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: 1. Administration Hearing, October 27, 2014 Presentations: Commissioners' Reports: Board of MESA COUNTY COMMISSIONERS Colorado 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 Contract between Mesa County and Dirtworks Construction, LLC for the 38 Road Safety Improvement Project in the amount of $1,967, and authorize the Chair to sign. (Bill Taylor, Mesa County Operations, Public Works.) 2. Adopt a Resolution to deny acceptance of surface rights conveyed to Mesa County, Colorado from Oliver Kilroy, Jr. by means of Quit Claim Deed recorded on July 31, 2014 in Book 5627, Page 138, Reception No in the records of the Mesa County Clerk and Recorder for property described as parcel (Stacey Mascarenas, Mesa County Operations, Public Works.) ITEM(S) NEEDING INDIVIDUAL CONSIDERATION: 1. Adopt a Resolution supporting the Existing Statutory and Regulatory Framework for Local Authority Over Oil and Gas Operations. (Board of Mesa County Commissioners.) **PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6 TH STREET AND WHITE AVENUE**

2 BOCC November 10, 2014 Page 2 of 3 ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING CONVENE AS THE BOARD OF HUMAN SERVICES BOARD OF HUMAN SERVICES APPROVAL OF MINUTES BOHS Hearing, October 6, 2014 ITEM(S) NEEDING INDIVIDUAL CONSIDERATION: 1. Approve an Amendment to extend Contract (No. CMS #43916) between Mesa County Board of County Commissioners and the State of Colorado, acting by and through the Department of Labor and Employment, for Workforce Development Programs, through June 6, 2017 and authorize the Chair to sign. (Jessica Marler, Mesa County Department of Human Services, Workforce Center.) ADJOURN OF BOARD OF HUMAN SERVICES RECONVENE 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 (4) an executive session is proposed for the sole purpose of discussing a personnel matter as authorized by Colorado Revised Statute (4)(f). 1. Discuss County Attorney recruitment process. (Tom Fisher, County Administrator.) ADJOURN THE COMMISSIONERS MAY TAKE A LUNCH BREAK, IF THE MEETING IS NOT COMPLETE.

3 BOCC November 10, 2014 Page 3 of 3 CERTIFICATION OF POSTING On November 5, 2014 at 3:30 p.m., Stephanie Reecy did post the above AGENDA as public notice of the November 10, 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 Stephanie Reecy

4 AGENDA ITEM SHEET Date Submitted: 10/23/14 Hearing Date Requested: 11/10/14 Submitter: Connie Hahn Phone: 1812 Presenter: Bill Taylor C-1 To: Mesa County Board of Commissioners Return originals to: Connie Hahn Location: Central Services Number of originals to return to submitter: 1 Title of Item: Contract between Mesa County and Dirtworks Construction, LLC 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. SUMMARIZE CHANGES. Recommended Board Action: Approve a Contract between Mesa County and Dirtworks Construction, LLC for 38 Road Safety Improvement Project in the amount of $1,967, 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, This is an approved 2014 Transporation Captial Project Mesa County Public Works advertised bids and received 7 qualified bids as follows: Dirtworks $1,967, Johnson Construction $2,351, Sorter Construction $2,377, Mtn. Valley $2,464, United Companies $2,518, MA Concrete $2,841, CEI $3,713, Required Attachments: Proof of Insurance Bid Summary Contract (signed) Fiscal Impact: This item is budgeted in the following account code: County: $1,967,465.35Federal: $ State: $ Other: $ Review: Administration: Approved Date: (10/29/14) Denied Date: ( ) Approved with Changes Date: ( ) Briefing Date: ( ) County Attorney: Approved Date: (10/23/14) Denied Date: ( ) Approved with Changes Date: ( ) Finance: 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: 11/10/2014 Approved Denied Approved with Changes John Justman, Chair, Board of Commissioners Date:

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129 AGENDA ITEM SHEET Date Submitted: 10/22/2014 Hearing Date Requested: 11/10/2014 Submitter: Stacey Mascarenas, PW Phone: Presenter: Stacey Mascarenas, Public Works C-2 Return originals to: Stacey Mascarenas Location: PW Number of originals to return to submitter: 1 To: Mesa County Board of Commissioners Title of Item: Resolution to deny acceptance of surface rights conveyed to Mesa County via Quit Claim Deed from Oliver Kilroy, Jr. 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. SUMMARIZE CHANGES. Recommended Board Action: Adopt a Resolution to deny acceptance of surface rights conveyed to Mesa County, Colorado from Oliver Kilroy, Jr. by means of Quit Claim Deed recorded on July 31, 2014 in Book 5627, Page 138, Reception No in the records of the Mesa County Clerk and Recorder for property described as parcel Justification or Background: Prior to his death in 2009, Oliver Kilroy, Sr was one of three owners of parcel The other two, his brothers, are now deceased. There is a tax lien in the amount of $44, on the property that includes both surface and mineral interests. In an attempt to sever and retain the mineral rights to the property before the property is put up for a tax sale, Oliver Kilroy, Jr (who resides in Texas) conveyed the surface rights to Mesa County and conveyed the "mineral interests of the Property" to five others including himself even though he is not a legal owner of the property. The Mesa County Attorney's Office has explained to him the tax lien on the property includes both and what he attempted to do is not a legal option. Further, a tax investor has now endorsed and paid a total of three years of taxes and can apply for a treasurer's deed of the property, which includes the surface, subsurface and mineral rights. He continues to argue and disagree. Regardless of the issues at hand, Mesa County has no interest in the land and it is necessary to adopt the attached resolution formally denying acceptance of the conveyance and directing the Commissioner to Convey Real Estate to deed the interest in the property back to the grantor, Oliver Kilroy, Jr. Fiscal Impact: This item is budgeted in the following account code: County: $0.00Federal: $ State: $ Other: $ Review: Administration: Approved Date: (11/3/2014) Denied Date: ( ) Approved with Changes Date: ( ) Briefing Date: ( ) County Attorney: Approved Date: (10/24/2014) Denied Date: ( ) Approved with Changes Date: ( ) Finance: Approved Date: (10/24/2014) Denied Date: ( ) Approved with Changes Date: ( ) Risk: Approved Date: (n/a) Denied Date: ( ) Approved with Changes Date: ( ) **FOR ADMINISTRATION USE ONLY** Approved Hearing Date: 11/10/2014 X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

130 Approved Denied Approved with Changes John Justman, Chair, Board of Commissioners Date: X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

131 RESOLUTION NO. BOCC- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MESA COUNTY, COLROADO RESOLUTION TO DENY ACCEPTANCE OF SURFACE RIGHTS CONEYED TO MESA COUNTY FROM OLIVER KILROY, JR. WHEREAS, the Board of County Commissioners, acting on behalf of Mesa County, Colorado, is authorized to purchase, hold and lease real property by , C.R.S.; and WHEREAS, Mesa County has previously acquired by deed certain property deemed necessary for County purposes; and WHEREAS, Mesa County has previously denied acceptance of deeds conveying land to Mesa County; and WHEREAS, Oliver Kilroy, Jr. recorded a Quit Claim Deed conveying surface rights described as parcel number , Account Number R recorded in Book 5627 at Page 138 in the records of the Mesa County Clerk and Recorder, Mesa County Colorado; and WHEREAS, Mesa County neither requested nor desires to hold title to said surface rights; and WHEREAS, the Board finds that accepting said Quit Claim Deed will not further the County's interests: NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA, STATE OF COLORADO THAT: Mesa County hereby does not accept the attached Quit Claim Deed recorded in Book 5627 at Page 138 in the records of the Mesa County Clerk and Recorder from Oliver Kilroy, Jr. conveying surface rights of property described as parcel , Account Number R and authorizes and directs the Mesa County Commissioner to Convey Real Estate to convey back to Mr. Kilroy a Quit Claim Deed of said surface rights and record said deed in the records of the Mesa County Clerk and Recorder, on behalf of the Board of County Commissioners of Mesa County, Colorado. DULY MOVED, SECONDED AND PASSED THIS DAY OF 2014 Attest: Sheila Reiner, County Clerk Mesa County, Colorado John Justman, Chair Board of Mesa County Commissioners

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133 QUITCLAIM DEED THIS DEED is dated November, 2014 and is made between MESA COUNTY also known as COUNTY OF MESA, a political subdivision of the State of Colorado, whose legal address is P.O. Box 20,000, Grand Junction, Colorado the Grantor, of the County of Mesa and State of Colorado, and OLIVER KILROY, JR. the Grantee, whose legal address is 9334 Rosstown Way, Houston, Texas of the County of Cooke and State of Texas. WITNESS, that the Grantor, for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto the Grantee, and the Grantee s heirs and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property AND SURFACE RIGHTS, together with any improvements thereon, located in the County of Mesa and State of Colorado, described as follows: ALL RIGHTS AND TITLE AS CONVEYED TO GRANTOR IN A QUIT CLAIM DEED RECORDED ON 7/31/2014 IN BOOK 5627 AT PAGE 138 IN THE GENERAL RECORDS OF THE MESA COUNTY, COLORADO CLERK AND RECORDER S OFFICE. also known by street address as: vacant land and assessor s schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee s heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Stacey Mascarenas, Commissioner to Convey Real Estate, appointed by Resolution No. MCM and MCM and authorized to execute this deed by Resolution BOCC STATE OF COLORADO ) ) ss. County of MESA ) The foregoing instrument was acknowledged before me this day of November 2014, by Stacey Mascarenas, Commissioner to Convey for Mesa County. Witness my hand and official seal. My commission expires: No Rev QUITCLAIM DEED (Page 1 of 1) Notary Public

134 AGENDA ITEM SHEET Date Submitted: 11/05/2014 Hearing Date Requested: 11/10/2014 Submitter: Administration Phone: Presenter: BoCC I-1 Return originals to: Admin Location: 3 rd Floor Number of originals to return to submitter: 1 To: Mesa County Board of Commissioners Title of Item: Resolution Supporting the Existing Statutory and Regulatory Framework For Local Authority Over Oil and Gas Operations. 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. SUMMARIZE CHANGES. Recommended Board Action: Adopt a Resolution Supporting the Existing Statutory and Regulatory Framework For Local Authority Over Oil and Gas Operations. Justification or Background: Mesa County supports the existing statutory and regulatory framework for local authority and does not believe additional clarification is necessary at this time. Mesa County urges Colorado Counties, Inc. (CCI) to communicate this position to the Governor of the State of Colorado, and encourage the Governor and the Governor s Task Force on State and Local Regulation of Oil and Gas Operations to seek additional input from Colorado s county commissioners before making any legislative or regulatory recommendations on local or state authority over oil and gas operations. 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: (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: ( ) **FOR ADMINISTRATION USE ONLY** Approved Hearing Date: 11/10/2014 Approved Denied Approved with Changes John Justman, Chair, Board of Commissioners Date: X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

135 RESOLUTION NO. A Resolution of the Board of County Commissioners of Mesa County, Colorado, Supporting the Existing Statutory and Regulatory Framework For Local Authority Over Oil and Gas Operations WHEREAS, oil and natural gas production and the jobs and economic activity it generates is a proven pillar of the Colorado economy and led the state out of the Great Recession; and WHEREAS, oil and natural gas development in Colorado alone generated $29.6 billion for the state economy, contributed $1.6 billion in public tax revenue (equal to $817/household) and supported more than 110,000 jobs in 2012; and WHEREAS, oil and natural gas development provides $682 million a year to Colorado school districts, emergency response, water and sanitation, parks and recreation, libraries and other public entities without raising a single tax on Colorado families; and WHEREAS, Colorado energy prices are 23% below the natural average because of the abundant supplies of natural gas in the state; and WHEREAS, reasonable access to oil and natural gas fuels Colorado s real estate economy, manufacturing economy, homebuilders economy, and the agriculture economy, as well as other industries through non-direct support to provide overall stability and job growth for all Colorado families; and WHEREAS, after collaboration with state health officials, environmentalists, local communities and industry, over the past six years, Colorado has enacted some of the nation s most stringent regulations protecting Coloradans groundwater, air quality, land, communities, and environment; and WHEREAS, Colorado was the first state to require both pre- and post-drilling water sampling, as well as methane emission testing, and the state is a national leader in requiring the disclosure of fracking fluid ingredients in a publicly available Internet database; and WHEREAS, these exceptional regulations represent best practices nationally, are state of the art technologically and are considered fully protective of public health and the environment; and WHEREAS, a vast majority of Colorado counties have already proven their ability to successfully regulate and negotiate in good faith with the industry to strike a balance between private, state and local interests; and WHEREAS, local communities can also enter into negotiated, legally-enforceable Memorandums of Understanding with oil and gas operators to benefit the public and ensure ongoing exploration and development; and

136 WHEREAS, local governments are already using their authority and standing in the statutorily-sanctioned Local Government Designee program to rationally, prudently and successfully have their concerns addressed; and WHEREAS, the Colorado Oil and Gas Conservation Commission has dedicated resources and staff to work with local governments and addressing local concerns by incorporating them into regulations and permit conditions; and WHEREAS, certainty of local and state rules and regulations is necessary for businesses, local governments, and mineral owners to protect and advance their interests for the betterment of Colorado citizens; and WHEREAS, local agriculture owners and workers, many of whom are one of the 600,000 mineral owners in Colorado, support the current system, which protects their farms and allows development of their mineral interests. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA, STATE OF COLORADO THAT: Mesa County Commissioners support the existing statutory and regulatory framework for local authority and do not believe additional clarification is necessary at this time; and BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA, STATE OF COLORADO THAT: Mesa County Commissioners urge Colorado Counties, Inc. (CCI) to communicate this position to the Governor of the State of Colorado, and encourage the Governor and the Governor s Task Force on State and Local Regulation of Oil and Gas Operations to seek additional input from Colorado s county commissioners before making any legislative or regulatory recommendations on local or state authority over oil and gas operations. Dated this 10 th day of November, BOARD OF COUNTY COMMISSIONERS MESA COUNTY, COLORADO Attest: BY: John Justman, Chair Mesa County Clerk & Recorder Sheila Reiner

137 AGENDA ITEM SHEET Date Submitted: 10/22/14 Hearing Date Requested: 11/10/14 Submitter: Sara Tourney Phone: Presenter: Jessica Marler BOHS-1 Return originals to: Sara Tourney Location: DHS Number of originals to return to submitter: 3 To: Mesa County Board of Commissioners Title of Item: Amendment to Workforce Center Master Agreement 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 SUMMARIZE CHANGES. Recommended Board Action: Approve an Amendment to extend Contract (No. CMS #43916) between Mesa County Board of County Commissioners and the State of Colorado, acting by and through the Department of Labor and Employment, for Workforce Development Programs, through June 6, 2017 and authorize the Chair to sign. Justification or Background: On March 26, 2012, the Board approved and signed the Master Agreement between the Board of County Commissioners and the State of Colorado Department of Labor and Employment (MCA ) for the purposes of providing employment and training programs under the Workforce Investment Act of 1998, the Wagner-Peyser Act of 1933, and other Federal and State statutes, through activities to eligible clients in the Mesa Workforce Region of the Colorado Rural Workforce Consortium for the fiscal years beginning 7/1/12 and ending 6/30/15. The amendment, presented by the Colorado Department of Labor and Employment, extends the end date of the original agreement to 6/30/17. Fiscal Impact: This item is budgeted in the following account code: N/A County: $ Federal: $ State: $ Other: $ Review: Administration: Approved Date: (10/29/14) Denied Date: ( ) Approved with Changes Date: ( ) Briefing Date: ( ) County Attorney: Approved Date: (10/23/14) Denied Date: ( ) Approved with Changes Date: ( ) Finance: Approved Date: (10/22/14) Denied Date: ( ) Approved with Changes Date: ( ) Risk: Approved Date: (N/A per Jean Boothe) Denied Date: ( ) Approved with Changes Date: ( ) **FOR ADMINISTRATION USE ONLY** Approved Hearing Date: 11/10/2014 Approved Denied Approved with Changes John Justman, Chair, Board of Commissioners Date: X:\BoCC\Agenda Item Sheet Forms (Revised 01/02/14)

138 CONTRACT AMENDMENT Amendment #1 Original Contract CMS # Amendment CMS # ) PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract ) is entered into by and between Board of County Commissioners, Mesa County (hereinafter called Contractor or Local Workforce Region ), and the STATE OF COLORADO, acting by and through the Department of Labor and Employment, Colorado Rural Workforce Consortium (hereinafter called the State or CDLE ). 2) EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the Effective Date ). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3) FACTUAL RECITALS The Parties entered into Contract (CMS #43916) to provide employment and training programs under the Workforce Investment Act of 1998 (WIA), the Wagner-Peyser Act of 1933 (Wagner-Peyser), and other Federal and State statutes, through activities to eligible clients in the Mesa Workforce Region of the Colorado Rural Workforce Consortium. 4) CONSIDERATIONS The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. 5) LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and shall remain in full force and effect except as specifically modified herein. 6) MODIFICATIONS. The Contract, is modified as follows: A. Initial Term-Work Commencement a. 5.A. Initial Term-Work Commencement is modified to extend the term of the Agreement. Additional funding and increased Participant numbers are consideration for Agreement Extension. Additional Funding and increased Participant numbers are added to this Agreement under the Notice of Funding Availability. Section 5.A. is deleted in its entirety and replaced with the following: A. Initial Term-Work Commencement The Parties respective performances under this Agreement shall commence on the later of either the Effective Date or July 1, This Agreement shall terminate on June 30, 2017 unless sooner terminated or further extended as specified elsewhere herein. Page 1 of 3 Pages

139 2. 6.A. Completion a. 6.A. Completion is modified to extend the term of the Agreement through June 30, Section 6.A. Completion is deleted in its entirety and replaced with the following: A. Completion The Local Workforce Region shall complete the Work and its other obligations as described herein and pursuant to Exhibits B and D, and any approved Expenditure Authorizations, on or before June 30, The State shall not be liable to compensate the Local Workforce Region for any Work performed prior to the Effective Date or after the termination of this Agreement. 7) START DATE This Amendment shall take effect on the later of its Effective Date or September 19, ) ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9) AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 Pages

140 CMS # THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor s behalf and acknowledge that the State is relying on their representations to that effect. By: Title: CONTRACTOR Board of County Commissioners, Mesa County John Justman Board Chair *Signature Date STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Labor and Employment Ellen Golombek, Executive Director By: By: Kristin M. Corash Deputy Executive Director Date ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Shawn G. Milne State Controller Delegate Date: Page 3 of 3 Pages

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204 BOHS Minutes Approved: OCTOBER 6, 2014 Audio CALL MEETING TO ORDER At 9:02 a.m., Chair John Justman called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioner Steve Acquafresca, Commissioner Rose Pugliese, Frank Whidden, Deputy Administrator for Resource Management; Angela Barnes, Staff Attorney; and Lori Westermire, Clerk to the Board. Minutes prepared by Lori Westermire. APPROVAL OF MINUTES (48:34) August 11, 2014 August 18, 2014 September 8, 2014 ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING CONVENE AS THE BOARD OF HUMAN SERVICES (48:24) ROSE PUGLIESE MOVED TO APPROVE THE BOARD OF HUMAN SERVICES HEARING MINUTES OF AUGUST 11, AUGUST 18 AND SEPTEMBER 8, 2014; STEVE ACQUAFRESCA SECONDED, AND MOTION CARRIED UNANIMOUSLY. ITEM NEEDING INDIVIDUAL CONSIDERATION (49:02) APPROVE A CONTRACT BETWEEN MESA COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO WEST REGIONAL MENTAL HEALTH, INC. D/B/A MIND SPRINGS HEALTH, INC. IN THE AMOUNT OF $50,738.00, FOR PERFORMANCE OF THE COLLABORATIVE THERAPIST PROGRAM AND AUTHORIZE TRACEY GARCHAR, EXECUTIVE DIRECTOR OF THE MESA COUNTY DEPARTMENT OF HUMAN SERVICES TO SIGN (Contract on file at the Mesa County Clerk s Office; File No. BOHS ). Joni Bedell, Mesa County Department of Human Services, summarized the collaboration program with Mind Springs Health and briefed the Board on specifics of the contract. STEVE ACQUAFRESCA MOVED TO APPROVE A CONTRACT BETWEEN MESA COUNTY DEPARTMENT OF HUMAN SERVICES AND COLORADO WEST REGIONAL MENTAL HEALTH, INC. D/B/A MIND SPRINGS HEALTH, INC. IN THE AMOUNT OF $50,738.00, FOR PERFORMANCE OF THE COLLABORATIVE THERAPIST PROGRAM AND AUTHORIZE TRACEY GARCHAR, EXECUTIVE DIRECTOR OF THE MESA DEPARTMENT OF HUMAN SERVICES TO SIGN; ROSE PUGLIESE SECONDED, MOTION CARRIED UNANIMOUSLY. Page 1 of 2

205 ADJOURN BOARD OF HUMAN SERVICES RECONVENE BOARD OF COUNTY COMMISSIONERS (52:47) ADJOURN With no further business to come before the Board, Chair Justman adjourned the meeting at 9:53 a.m. Sheila Reiner, Mesa County Clerk & Recorder Lori Westermire Clerk to the Board Chair John Justman For complete details on any item, click on the audio link at the beginning of the document. Agendas, minutes and recorded webcasts can be found online at: Please note that listed recorded times are approximate. Page 2 of 2

206 Minutes Approved: OCTOBER 27, 2014 Audio CALL MEETING TO ORDER At 9:05 a.m., Chair John Justman called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioner Steve Acquafresca, Commissioner Rose Pugliese, Frank Whidden, Deputy Administrator for Resource Management; David Frankel, Acting County Attorney; and Lori Westermire, Clerk to the Board. Minutes prepared by Lori Westermire. APPROVAL OF MINUTES (:12) Abatement Hearing, September 30, 2014 Administration Hearing, October 6, 2014 Administration Hearing, October 13, 2014 STEVE ACQUAFRESCA MOVED TO APPROVE THE ABATEMENT HEARING MEETING MINUTES OF SEPTEMBER 30 TH AND THE ADMINISTRATIVE HEARING MINUTES OF OCTOBER 6 AND 13, 2014; ROSE PUGLIESE SECONDED, MOTION CARRIED UNANIMOUSLY. COMMISSIONERS' REPORTS (:57) Chair Justman, Commissioner Pugliese, and Commissioner Acquafresca reported on the events and/or conversations they participated in and summarized the information covered at those events/meetings. ADMINISTRATION CONSENT AGENDA (12:53) 1. ADOPT A RESOLUTION ACCEPTING CONTRACT FOR NEGOTIATED SALE AND PURCHASE IN LIEU OF CONDEMNATION, BETWEEN MESA COUNTY, COLORADO AND TALBOTT LAND & PROPERTY, LLLP A COLORADO LIMITED LIABILITY COMPANY, TO PURCHASE ROAD RIGHT-OF-WAY AND EASEMENTS FROM FOUR REAL PROPERTY PARCELS LOCATED AT OR ABOUT 3782 F ¼ ROAD, IN THE AMOUNT OF $24, FOR THE 38 ROAD SAFETY IMPROVEMENTS PROJECT, AND DIRECTING THE RIGHT OF WAY AGENT (STACEY MASCARENAS) TO EXECUTE THE TERMS OF SAID CONTRACT AND ACCEPT DEED AND EASEMENTS (Resolution and Contract on file at the Mesa County Clerk's Office; recorded in Book 5655, at Page 421, Reception No ; File No. BOCC ). 2. APPROVE A GRANT AGREEMENT BETWEEN MESA COUNTY GOVERNMENT AND DEPARTMENT OF LOCAL AFFAIRS ENERGY & MINERAL IMPACT ASSISTANCE PROGRAM IN THE AMOUNT OF Page 1 of 3

207 $1,650, FOR THE 45.5 ROAD IMPROVEMENTS PHASE III AND IV, AND AUTHORIZE THE CHAIR TO SIGN (Agreement on file at the Mesa County Clerk s Office; File No. BOCC ). ROSE PUGLIESE MOVED TO APPROVE THE CONSENT AGENDA OF OCTOBER 27, 2014; STEVE ACQUAFRESCA SECONDED, MOTION CARRIED UNANIMOUSLY. ITEM(S) NEEDING INDIVIDUAL CONSIDERATION (15:10) 1. FIRST 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 BEGIN THE ORDINANCE ADOPTION PROCESS (File No. BOCC ). Dave Frankel, Acting Mesa County Attorney, read the Ordinance into the record and explained the process for adopting the Ordinance. He noted typographical errors to the text; Commissioner Pugliese and Commissioner Acquafresca noted some additional grammatical edits. Public Comments Those giving public comments included: Larry Bullard, 2551 Westwood Drive; Ron Wriston, 180 Dike Road; Steve Chapel, 610 Rambling Road; and Ron Pollard, 2044 Jordan Court. Public comments included: Community compliance with rules and regulations, and the need for education; responsible use of OHVs; need for liability insurance and valid Driver's License; enforcement of registration; requirement to shuttle or trailer OHVs will be eliminated; policies for investigation of accidents on public roadways; cooperation with municipalities; permitting and use of golf carts on roads; age limit; safety standards and equipment; and reciprocity with other counties and states. 2. APPROVE A CONSENT, AGREEMENT AND ESTOPPEL CONCERNING THE SOLAR GARDEN THAT ASSIGNS FRESH AIR ENERGY VIII, LLC AS A "BORROWER" AND ASSIGNS CATHAY BANK AS A "LENDER" IN ORDER FOR THE PROJECT TO SECURE FINANCING (File No. BOCC ). David Frankel, Acting Mesa County Attorney provided a summary of the Consent, Agreement and Estoppel. ROSE PUGLIESE MOVED TO APPROVE A CONSENT, AGREEMENT AND ESTOPPEL CONCERNING THE SOLAR GARDEN THAT ASSIGNS FRESH AIR ENERGY VIII, LLC AS A "BORROWER" AND ASSIGNS CATHAY BANK AS A "LENDER" IN ORDER FOR THE PROJECT TO SECURE FINANCING; STEVE ACQUAFRESCA SECONDED, MOTION CARRIED UNANIMOUSLY. UNSCHEDULED BUSINESS (1:09:27) Alan R Story, 1831 L Road, Fruita; provided comments and information regarding a 1977, non-hud approved, trailer house located in Fruita, and the hardship of the current residents. He requested the Board consider a resolution that would allow the family to live in the trailer house. Dave Frankel discussed the process for Land Use applications, permitting, and appeals through the Planning Division. Page 2 of 3

208 ADJOURN With no further business to come before the Board, Chair Justman adjourned the meeting at 10:20 a.m. Sheila Reiner, Mesa County Clerk & Recorder Lori Westermire Clerk to the Board Chair John Justman For complete details on any item, click on the audio link at the beginning of the document. Agendas, minutes and recorded webcasts can be found online at: Please note that listed recorded times are approximate. Page 3 of 3