Board of MESA COUNTY COMMISSIONERS AGENDA

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1 MONDAY July 15, 2013 ADMINISTRATION HEARING 544 Rood Avenue, Public Hearing Room 9:05 a.m. Call Meeting to Order: Deletions from Agenda: Additions to Agenda: Approval of Minutes: 1. Administration Hearing, July 1, 2013 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 Construction Agreement between Vista Paving Corporation and Mesa County for the Clifton Elementary Sidewalk Improvement Project, at a cost not to exceed $75, and authorize the Chair to sign. (Kevin King, Engineering, Public Works.) 2. Appoint Janie Van Winkle to the Colorado State University Extension Tri River Area Advisory Committee, to serve a three year term, ending July 15, 2016 and reappoint Bill Rooks to the Colorado State University Extension Tri River Area Advisory Committee, to serve a three year term, ending July 15, (Victoria Patsantaras, Administration.) **END OF CONSENT ITEM(S)** **ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING** **CONVENE AS THE BOARD OF HUMAN SERVICES** Approval of Minutes: June 24, 2013 Board of MESA COUNTY COMMISSIONERS AGENDA **ITEM(S) NEEDING INDIVIDUAL CONSIDERATION** **PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST CORNER OF 6 TH STREET AND WHITE AVENUE**

2 BOCC July 15, 2013 Page 2 of 2 1. Approve Amendment #1 to Contract MCA between Hilltop Community Resources and Mesa County, to broaden scope and increase the dollar amount in the contract for programs in the Adult Services Division, as more particularly described in the supporting document, and authorize DHS Executive Director to sign. (Grant Jackson, Human Services.) **END OF BOARD OF HUMAN SERVICES ** **ADJOURN BOARD OF HUMAN SERVICES HEARING** **CONVENE AS THE MESA COUNTY BOARD OF EQUALIZATION ** **BRIEFING ITEM(S)** 1. Report to the Mesa County Board of Equalization on Real Property, the valuation for assessment of all taxable personal property and Oil and Gas, in Mesa County. Barbara Brewer, Mesa County Assessor. **END OF BRIEFING ITEM(S)** ** ADJOURN AS THE MESA COUNTY BOARD OF EQUALIZATION ** **RECONVENE AS BOARD OF COUNTY COMMISSIONERS** **ITEM(S) NEEDING INDIVIDUAL CONSIDERATION** 1. First reading of Mesa County Ordinance #11, Prohibiting the Operation of Marijuana Cultivation Facilities, Marijuana Project Manufacturing Facilities, Marijuana Testing Facilities or Retail Marijuana Stores within the Unincorporated Boundaries of Mesa County, Colorado, to begin the Ordinance adoption process. (First Reading, Steve Acquafresca, Chair.) None. **END OF ITEM(S) NEEDING INDIVIDUAL CONSIDERATION** **BRIEFING ITEM(S)** **END OF BRIEFING ITEM(S)** 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 July 10, 2013 at 3:00 p.m., Victoria Patsantaras did post the above AGENDA as public notice of the July 15, 2013 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 Victoria Patsantaras

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117 AGENDA ITEM SHEET C-2 Hearing Date requested: 7/15/13 Date submitted: 7/5/13 From: Victoria Patsantaras, Admin, x1866 Presenter: Victoria Patsantaras, Admin Consent _x Consideration Briefing To: Mesa County Board of Commissioners Title of Item: Appointments to the Colorado State University Extension Tri River Area Advisory Committee Recommended Board Action: Appoint Janie VanWinkle to the Colorado State University Extension Tri River Area Advisory Committee, to serve a three year term, ending July 15, Reappoint Bill Rooks to the Colorado State University Extension Tri River Area Advisory Committee, to serve a three year term, ending July 15, Justification or Background: The Colorado State University Extension Tri River Area Advisory Committee was established pursuant to C.R.S Statute calls for no more than 18 members. Mesa County, Delta County, and Montrose County each appoint 5 members; Ouray County appoints 3. The function of this Committee is to assist local extension personnel in planning, developing, implementing, and evaluating programs and performance. The terms of two Mesa County appointees are expiring. Mr. Rooks is eligible and willing to serve a second term. Ms. VanWinkle is a new appointee to this committee, taking the place of Lisa Martin. Current Colorado State University Extension Tri River Area Advisory Committee, listed by County, name, initial appointment date and expiration of term: Delta Don French, R.N. 06/07 06/13 Delta Lynette Clock 06/12 06/15 Delta James L. Vela 06/09 06/15 Delta Rae-Ann Simmons 06/10 06/13 Delta Kathy Welt 06/09 06/15 Mesa Gale Foster 06/11 06/14 Mesa Julie Hinkson 6/09 06/15

118 Mesa Lee Kreidler 06/11 06/14 Mesa Lisa Martin 06/07 06/13 Mesa Bill Rooks 06/10 06/13 Montrose Candice DeJong 02/09 06/15 Montrose David Harold 06/10 06/13 Montrose Emily Sanchez 06/11 06/14 Montrose Tracy Harrison 06/12 06/15 Ouray Sue Carmody 06/07 06/13 Ouray Susan Long 06/11 06/14 Ouray Linda McIntosh 06/07 06/13 IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER. SUMMARIZE CHANGES ABOVE. Fiscal impact: This item is budged in the following account code: N/A. County: $ Federal $ State: $ Other: $ Review: Administration: date: County Attorney: date: Risk: date: Finance: date:

119 BOHS- Minutes JUNE 24, 2013 Audio CALL TO ORDER At 9:05 a.m., Chair Steven Acquafresca 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 John Justman and Rose Pugliese; Tom Fisher County Administrator; Angela Barnes, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING AND CONVENE AS THE BOARD OF HUMAN SERVICES APPROVAL OF MINUTES MAY 20, 2013 ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE MINUTES OF MAY 20, INDIVIDUAL CONSIDERATION APPROVE CHAFEE PROGRAM PLAN AND BUDGET FOR AND AUTHORIZE THE CHAIR TO SIGN. Presenters: Dena Neujahr and Alex Luevano, Department of Human Services. The purpose of the Chaffee Program is to help the youth transition out of Foster Care to adulthood. Last year they served 60 youth. This grant is completely federally funded. Chair Acquafresca stated statistics show that many of the youth have a great deal of difficulty after they mature out of the foster care program and need guidance in day-to-day matters. He asked if any of these youth go on to higher education. Alex stated there are 11 clients attending CMU. Commissioner Pugliese questioned the funding. Barbara Goldman explained the funding and how it was budgeted. JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE THE CHAFEE PROGRAM PLAN AND BUDGET FOR AND AUTHORIZE THE CHAIR TO SIGN. (Continued to the next page) Page 1 of 2

120 (Agreement on file at the Mesa County Clerk s Office; Contract and Agreement File No. MCA ) (For complete details on any item click on the audio link at the beginning of the document.) ADJOURN With no further business to come before the Board, Chair Acquafresca adjourned the meeting at 10:45 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Clerk to the Board Steven Acquafresca, Chair (Verbatim digital files of the Commissioners Proceedings of June 24, 2013, are on file in the Mesa County Clerk s Office.) Page 2 of 2

121 BOHS-1 AGENDA ITEM SHEET Hearing Date Requested: 7/15/2013 Date Submitted: 6/26/2013 From: Sara Tourney 2831 TO: MESA COUNTY COMMISSIONERS Presenter: Grant Jackson Agenda Category: Consent: Consideration:_x Briefing: TITLE OF ITEM: MCA Amendment #1 RECOMMENDED BOARD ACTION: Approve Amendment #1 to Contract MCA between Hilltop Community Resources and Mesa County, to broaden scope and increase the dollar amount in the contract for programs in the Adult Services Division, as more particularly described in the supporting document, and authorize DHS Executive Director to sign. JUSTIFICATION/BACKGROUND: Due to availability of funding and restructuring of programs, 3 additional case managers are required to provide intake and eligibility determination for the Single Entry Point (SEP) program. The SEP program provides eligibility determination and ongoing case management to assist individuals in understanding and navigating their options for long-term care. These additional case managers will be part of the Adult Resources for Care and Help (ARCH) program, which is part of the Adult Services continuum of care. This contract amendment reflects the additional cost of the new case managers. IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER MCA SUMMARIZE CHANGES ABOVE. Scan: Yes No Fiscal Impact: This item is budgeted in the following account code: County $ Federal: $ 70,878 State: $ Other: $ Review: Administration Date County Attorney Date Risk Date Finance Date S:\AGENDA-hearing -DRAFTS\Agenda 2013\July 15\BoHS.agendaitemsheet.docx

122 MCA AMENDMENT #1 to the Partnership Position Contract between Mesa County Board of Human Services and Hilltop Community Resources, Inc This Amendment, made this 15th day of July 2013, serves to amend the January 1, 2013 through December 31, 2013 Adult Services Contract MCA between the Mesa County Board of Human Services (Board) and Hilltop Community Resources, Inc. (Contractor). The purpose of this Amendment is to add 3 FTE s in the position of Intake Case Manager. The total increase in the funding cap, including administration fee, is $70,878. A. Modifications to Attachment A Scope of Work Attachment A is modified by adding the following paragraph: Single Entry Point (SEP) - Intake Case Manager: This position will interview clients and their family, other caregivers and collateral entities in order to complete assessments to determine eligibility for long-term care Medicaid waiver services as well as other community services in part by the evaluation of physical and mental health, competency, living environment, activities of daily living, support system, finances; discuss service options; make referrals to community resources. This position will develop service plans and then coordinate with on-going SEP case managers for the transfer of the case after completing the assessment. B. Modifications to Attachment B Payment Schedule Attachment B is modified by adding the following rows to Table 1 Positions: Program Position(s) Funding Cap Adult Services ADRC/ARCH- Intake Case Manager (3.0 FTE) Department Payment Fund Source Frequency $62,251 SEP Monthly reimbursement for actual expenses Operating $2,775 SEP Monthly reimbursement for actual expenses Page 1 of 2

123 Attachment B is modified by adding the following row to Table 2 Supervision Structure: Program Adult Services Position ADRC/ARCH- Intake Case Manager (3.0 FTE) Contractor Supervisor Title (current name) JOBS Program Director (Mark Fugere) Board Liaison Title (current name) Acting Adult Services Director (Grant Jackson) Program Adult Services Attachment B is modified by amending the last paragraph, increasing the administrative fee by $5,852: Deleting Administrative fee shall not exceed $8,610 and inserting in lieu thereof $16,889. All of the terms and conditions of the Original Contract remain unchanged except for those terms and conditions modified by this Amendment # 1 and all previous amendments. Both parties also expressly understand that this Amendment # 1 is incorporated into the Original Contract. Tracey Garchar, Executive Director / Date Mesa County Department of Human Services J. Michael Stahl, CEO / Date Hilltop Community Resources, Inc Page 2 of 2

124 B-1 TO: MESA COUNTY COMMISSIONERS AGENDA ITEM SHEET Hearing Date Requested:_7/15/2013 for Pers. Prop. Date Submitted: 6/21/13 From:_Carol Mac Innes Extension: 1853 Presenter: Barbara Brewer Agenda Category: Consent: Consideration: Briefing: TITLE OF ITEM: Assessor s Report to the Commissioners acting as the County Board of Equalization on Personal Property and Oil and Gas. RECOMMENDED BOARD ACTION: JUSTIFICATION/BACKGROUND: Per (2) C.R.S., the Assessor is required to submit to the County Board of Equalization (at the meeting of the CBOE on or before July 15 th ) the valuation for assessment of all taxable personal property in the county, moveable equipment in the county which has been apportioned with other counties, and a list of all people who failed to file a declaration and the action in each case. Also required, is a list of all appeals concerning personal property valuation and my action in each case. IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER. SUMMARIZE CHANGES ABOVE. Fiscal Impact: This item is budgeted in the following account code: County $ Federal: $ State: $ Other: $ Review: Agenda Date County Attorney Date Risk Date Finance Date S:\AGENDA-hearing -DRAFTS\Agenda 2013\July 15\Assessor.Agenda item sheet.docx

125 AGENDA ITEM SHEET I-1 Hearing Date requested: 7/15/2013 Date submitted: 7/2/13 From: County Attorney s Office Presenter: Board of Commissioners Consent Consideration _x Briefing To: Mesa County Board of Commissioners Title of Item: First Reading of Mesa County Ordinance #11, Prohibiting the Operation of Marijuana Cultivation Facilities, Marijuana Project Manufacturing Facilities, Marijuana Testing Facilities or Retail Marijuana Stores within the Unincorporated Boundaries of Mesa County, Colorado. Recommended Board Action: Reading of Mesa County Ordinance #11, Prohibiting the Operation of Marijuana Cultivation Facilities, Marijuana Project Manufacturing Facilities, Marijuana Testing Facilities or Retail Marijuana Stores within the Unincorporated Boundaries of Mesa County, Colorado, to begin the Ordinance adoption process. Justification or Background: Pursuant to , C.R.S., the Board of County Commissioners of Mesa County, Colorado (hereinafter the Board ), has the general enabling power to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of the health, safety and welfare of the present and future residents of Mesa County. IF YOU ARE REVISING OR RENEWING AN EXISTING AGREEMENT OR RESOLUTION, INDICATE MCA OR MCM NUMBER. SUMMARIZE CHANGES ABOVE. Fiscal impact: This item is budged in the following account code: County: $ Federal $ State: $ Other: $ Review: Administration: date: County Attorney: date: Risk: date: Finance: date:

126 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF MESA, STATE OF COLORADO ORDINANCE NO. 11 AN ORDINANCE PROHIBITING THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES OR RETAIL MARIJUANA STORES WITHIN THE UNINCORPORATED BOUNDARIES OF MESA COUNTY, STATE OF COLORADO WHEREAS, pursuant to , C.R.S., the Board of County Commissioners of Mesa County, Colorado (hereinafter the Board ), has the general enabling power to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of the health, safety and welfare of the present and future residents of Mesa County; and WHEREAS, on November 6, 2012, the voters of Colorado approved the adoption of Amendment 64, Personal Use and Regulation of Marijuana; and WHEREAS, Amendment 64 became effective upon official declaration of the vote thereon by proclamation of the Governor, pursuant to Section 1(4) of Article V, of the Colo. Constitution; and and WHEREAS, Amendment 64 defines a locality in part in section 2(e) of Section 16 to include a county; WHEREAS, part 5(f) of Section 16 provides the following: and; (f) A locality may enact ordinances or regulations, not in conflict with this section or with regulations or legislation enacted pursuant to this section, governing the time, place, manner and number of marijuana establishment operations; establishing procedures for the issuance, suspension, and revocation of a license issued by the locality in accordance with paragraph (h) or (i), such procedures to be subject to all requirements of Article 4 of Title 24 of the Colorado Administrative Procedure Act or any successor provision; establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a locality in accordance with paragraph (i) and a licensing fee shall only be due if a license is issued by a locality in accordance with paragraph (h) or (i); and establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such locality. A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure; provided, any initiated or referred measure to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores must appear on a general election ballot during an even numbered year. (Emphasis added) WHEREAS, at the November 2, 2010 election, the citizens of Mesa County voted to ban Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical Marijuana Infused Products Manufacturer s Licenses pursuant to , C.R.S. (2010); and WHEREAS, at the November 6, 2012 election, a majority of the votes cast on this ballot issue were cast against the adoption of Amendment 64 in Mesa County; and

127 WHEREAS, Amendment 64 conflicts with federal law, as the possession, cultivation, sale and use of marijuana remains illegal under federal criminal statutes; and WHEREAS, the Board finds that the licensing and operation of marijuana establishments provided for in Amendment 64, by making marijuana more readily available in the community and facilitating recreational use of marijuana, presents a threat to the health and education of Mesa County s children, to the safety of the workplace and the traveling public and to the public health, safety and welfare as a whole; and WHEREAS, pursuant to the authority granted to the County in Amendment 64 and consistent with the will of Mesa County voters, the Board desires to adopt this ordinance prohibiting the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the unincorporated areas of Mesa County, Colorado. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Mesa County as follows: Purpose. The purpose of this ordinance is to promote the general public welfare and safety throughout Mesa County, Colorado by prohibiting the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores. Definitions. Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in Article XVIII, Section 16 of the Colo. Constitution. These definitions include, but are not limited to the following: (1) MARIJUANA OR MARIHUANA means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marihuana concentrate. Marijuana or marihuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. (2) MARIJUANA ACCESSORIES means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (3) MARIJUANA CULTIVATION FACILITY means an entity of any kind which is used, intended to be used, or designed to be used to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. (4) MARIJUANA ESTABLISHMENT means a marijuana cultivation facility, marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store. (5) MARIJUANA PRODUCT MANUFACTURING FACILITY means an entity of any kind which is used, intended to be used, or designed to be used to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. (6) MARIJUANA PRODUCTS means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.

128 (7) MARIJUANA TESTING FACILITY means an entity of any kind which is used, intended to be used, or designed to be used to analyze and certify the safety and potency of marijuana. (8) MEDICAL MARIJUANA CENTER means an entity licensed by a state agency to sell marijuana and marijuana products pursuant to Section 14 of this Article and the Colorado Medical Marijuana Code. (9) RETAIL MARIJUANA STORE means an entity of any kind which is used, intended to be used, or designed to be used to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. Section 1. APPLICABILITY: 1.1 This Ordinance shall apply throughout the unincorporated area of Mesa County, including but not limited to public and state lands. 1.2 If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of County Commissioners hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases are declared unconstitutional or invalid. Section 2. UNLAWFUL ACTS: 2.1 Any of the following shall be a violation of this Ordinance and shall be subject to the remedies and penalties provided for in this Ordinance: (a) Maintaining or operating an entity of any kind which is used, intended to be used, or designed to be used to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. (b) Maintaining or operating an entity of any kind which is used, intended to be used, or designed to be used to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. (c) Maintaining or operating an entity of any kind which is used intended to be used, or designed to be used to analyze and certify the safety and potency of marijuana. (d) Maintaining or operating an entity of any kind which is used, intended to be used, or designed to be used to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers. Section 3. ENFORCEMENT: 3.1 This ordinance shall be enforced by the Mesa County Sheriff. 3.2 The Board hereby designates the Mesa County Attorney, or his/her designee, as the County s legal representative in the enforcement of the provisions of this Ordinance in a court of applicable jurisdiction. In the event the Mesa County Attorney or his/her designee cannot represent Mesa

129 County or the Board deems it otherwise appropriate, the Board may appoint the District Attorney of the Twenty first Judicial District to perform such legal enforcement duties in lieu of the County Attorney. 3.3 Scope. This ordinance shall apply within the unincorporated territory of Mesa County and to all other areas designated herein. This ordinance shall in no way limit application and enforcement of any statutes of the State of Colorado but shall be in addition thereto. 3.3 Penalties: The County may seek such criminal or civil penalties as are provided by Colorado law and provided for herein. Section 4. CIVIL REMEDIES AND ENFORCEMENT POWERS: 4.1 The County shall have the following remedies and enforcement powers for violations of any acts outlined in section 2 above. 4.2 Injunctive Relief: The County may seek an injunction or other equitable relief in court to stop any violation of this Ordinance of any acts outlined in section 2 above and may recover costs of any such action. 4.3 Surcharges Disposition of fines and forfeitures. The fine for a first offense and for any subsequent offense shall be not more than one thousand dollars ($1,000.00) per violation and each day shall be deemed a separate violation. In addition to the fines and penalties prescribed in this ordinance, any person convicted of a violation of this ordinance shall be subject to the statutory surcharges of ten dollars ($10.00) for the Victims and Witnesses Assistance and Law Enforcement Fund, and ($15.00) for the Colorado Traumatic Brain Injury Trust Fund. These surcharges shall be paid to the clerk of the court by each person convicted of violating this ordinance. The clerk shall transmit the moneys to the respective funds in accordance with C.R.S (2). Section 5. CRIMINAL PROSECUTION: 5.1 If so directed by the Sheriff of Mesa County, a criminal prosecution may be brought against any person who violates any provision of this ordinance in accordance with and 410, C.R.S. 5.2 Violation of the provisions of this Ordinance shall be punishable by a fine of not more than one thousand dollars ($1,000.00) for each violation. In addition to this penalty, persons convicted of a violation of this Ordinance are subject, pursuant to , C.R.S., to a surcharge of $10.00, to be paid to the Clerk of the Court for credit to the Victims and Witnesses Assistance and Law Enforcement Fund established in the judicial district. 5.3 All fines and forfeitures for the violation of this Ordinance shall be paid to the Treasurer of Mesa County within thirty (30) days of receipt and shall be deposited into the General Fund of Mesa County. Section 6. ADDITIONAL REMEDIES: The remedies provided in this Ordinance shall be cumulative and in addition to any other remedies which may be available to the County and its Board. Nothing contained herein shall be construed to preclude the Board from seeking such other remedies in addition to, or in lieu of, the legal remedies herein granted.

130 Section 7. SAFETY CLAUSE: The Board hereby finds, determines and declares that this Ordinance is necessary for the health, safety and welfare of the citizens of Mesa County, Colorado. Section 8. PUBLICATION AND EFFECTIVE DATE: The foregoing text is the authentic text of Mesa County Ordinance No. 11. The first reading of said Ordinance took place on July 15 th, 2013 at a regular Board of County Commissioners Meeting. It was published in full in the Grand Junction Daily Sentinel on, The Ordinance was adopted on second reading at a regular Board of County Commissioners Meeting on, 2013, and shall take effect, ADOPTED this day of, ATTEST: Sheila Reiner Mesa County Clerk and Recorder [SEAL] BOARD OF COUNTY COMMISSIONERS OF MESA COUNTY, COLORADO By: Steve Acquafresca, Chair Rose Pugliese, Commissioner John Justman, Commissioner

131 Minutes JULY 1, 2013 Audio CALL TO ORDER At 9:05 a.m., Chair Steven Acquafresca 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 John Justman and Rose Pugliese; Tom Fisher, County Administrator; Angela Barnes, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) PRESENTATIONS St. Baldrick s Foundation Commissioner Pugliese read the proclamation into the record recognizing the fundraising involvement of four Mesa County employees: Todd Hildebrandt, Amy Montano, Cory Greenhow, and Linda Bowman for the St. Baldrick s Foundation. She presented the proclamation to Todd Hilderbrandt. ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO ADOPT THE PROCLAMATION AS READ. COMMISSIONERS' REPORTS Commissioner Justman reported last week he attended the Chamber Afterhours event; Lt. Craig Miller s retirement event at the Sheriff s Office; the Extension Service program on noxious weeds and weed spraying; Rotary Club meeting; and the Glade Park Little Delores bridge dedication. Commissioner Pugliese reported she and Commissioner Justman cheered on the employees that participated in the Bike to Work event; and the Board attended the quarterly meetings with the BLM and Forest Service Land Resource Managers. Chair Acquafresca reported he attended the Grand Valley Regional Transportation Committee meeting; he met with Doug Dennison from Barrett Resources; and participated on the wine judging panel for the Mesa County Fair Commercial Wine competition. ADMINISTRATIVE HEARING Page 1 of 3

132 CONSENT AGENDA 1. APPOINT DR. PAUL D. SIMMONS TO THE MESA COUNTY BOARD OF HEALTH FOR A FIVE-YEAR TERM ENDING JULY 1, Discussion on Consent Agenda Item There was no discussion on this item. JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPOINT DR. PAUL D. SIMMONS TO THE MESA COUNTY BOARD OF HEALTH FOR A FIVE-YEAR TERM ENDING JULY 1, INDIVIDUAL CONSIDERATION APPROVE A CONTRACT WITH ELAM CONSTRUCTION INC., FOR COMPLETION OF THE 2013 ROAD OVERLAY PROJECT, AT A COST NOT TO EXCEED $3,600, TO MESA COUNTY AND AUTHORIZE THE CHAIR TO SIGN. Presenters: Pete Baier, Public Works Director; Rudy Bevan, Road and Bridge Supervisor; and Kevin Holderness, Road and Bridge Division This contract is for overlaying approximately miles of road in 2013; this includes.5 miles in conjunction with the Town of Palisade, and a project with Orchard Mesa Sanitation District. Mesa County has approximately 700 miles of paved roads and nearly the same in graveled and dirt roads. ROSE PUGLIESE MOVED, JOHN JUSTMAN SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE A CONTRACT WITH ELAM CONSTRUCTION INC., FOR COMPLETION OF THE 2013 ROAD OVERLAY PROJECT, AT A COST NOT TO EXCEED $3,600, TO MESA COUNTY AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk s Office; Contract and Agreement File No. MCA ) APPROVE ACCEPTANCE OF AN AWARD OF GRANT IN THE AMOUNT OF $136,357.00, EFFECTIVE JULY 1, 2013, FROM THE STATE OF COLORADO, DEPARTMENT OF LAW, PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD, AND AUTHORIZE THE CHAIR TO SIGN THE GRANT AGREEMENT CONTRACT. Presenters: Sgt. Art Smith and Staci Writer, Sheriff s Office. Sgt. Art Smith reported that the Post Grant program was established by SB ; is funded by the collection of sixty-cents from motor vehicle registrations throughout the State. The funds are then distributed through the eleven Post Board Regions. (Continued to the next page) Page 2 of 3

133 Mesa County is the fiscal agency for this Post Board. The 2013 training includes detention mini-skills; supervisory; FTO; survival and rescue; and interview and interrogation courses. JOHN JUSTMAN MOVED, ROSE PUGLIESE SECONDED, AND MOTION UNANIMOUSLY CARRIED TO APPROVE ACCEPTANCE OF AN AWARD OF GRANT IN THE AMOUNT OF $136,357.00, EFFECTIVE JULY 1, 2013, FROM THE STATE OF COLORADO, DEPARTMENT OF LAW, PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD, AND AUTHORIZE THE CHAIR TO SIGN THE GRANT AGREEMENT CONTRACT. (Grant Award on file at the Mesa County Clerk s Office; Contract and Agreement File No. MCA ) BRIEFING ITEM Listening to Business - Grand Junction Economic Partnership (GJEP). Kelly Flenniken, GJEP Executive Director, and Sue Tuffin, Director of Mesa County Workforce Center, gave an update on the Listening to Business program. The ED Partners surveyed six companies in the energy and energy services sector during the first quarter of the year; the second quarter they surveyed ten companies in the advanced manufacturing sector, large and small businesses. With these sixteen companies, it was felt there could be fifty new jobs added during the year. The biggest challenge for all the companies was how to implement the health care reform. The manufacturing sector noted they have trouble finding qualified employees for graphic design, marketing, sales, engineering and other technical skilled positions; they are finding they have to do their own on the job training. One concern was air travel in and out of the local airport. (For complete details on any item click on the audio link at the beginning of the document.) ADJOURN With no further business to come before the Board, Chair Acquafresca adjourned the meeting at 10:05 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Clerk to the Board Steven Acquafresca, Chair (Verbatim digital files of the Commissioners Proceedings of July 1, 2013, are on file in the Mesa County Clerk s Office.) Page 3 of 3

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