Thursday, October 30, 2014

Proposed OHV Ordinance - GIS Map of Unincorporated Mesa County Roads

County roads in unincorporated areas of Mesa County may be viewed on our GIS mapping system link at http://emap.mesacounty.us/CountyRoads/countyRoads.html. Zoom in or out to navigate to your desired area.

Public comments regarding OHV proposed Ordinance may be made at any of the public hearings or sent to commissioners via email, phone or through social media. Please check the Mesa County webpage at http://www.mesacounty.us/BoCCagendas/ or contact Administration staff (970-244-1885) if you have questions about the public hearing dates.

Disclaimer: This map for viewing purposes only. Roads that are joint municipality and county roadways, as well as possible restricted access roads should be researched by individuals.

Wednesday, October 29, 2014

Mesa County Budget - more opportunities to comment

Learn more about Mesa County's 2015 budget at Area Town Halls hosted by Commissioner Rose Pugliese.
  • October 30th (Clifton Starvin Arvin's-3247 F Road, 5:30-6:30 pm); 
  • November 5th (Old Courthouse-544 Rood Avenue, Public Hearing Room 2nd Floor, 5:30-6:30 pm); and 
  • November 6 (Fruita Recreation Center-324 N. Coulson Avenue, Cherry Meeting Room, 5:30-6:30 pm). 
If you can’t attend the Town Halls, view Mesa County's proposed 2015 budget at http://www.mesacounty.us/finance/.

Comments on the proposed budget are encouraged through December 8th through the following venues:
  • Facebook/mesacounty;
  • by email to mcadmin@mesacounty.us. If you email, please include the word “budget” in subject line;
  • or in person at Board of County Commissioner Hearings, generally held every Monday morning at 9 a.m. at 544 Rood Avenue, Grand Junction CO. (Currently hearings are set for October 27, November 10, November 17, November 24, December 8. Comments on budget may be made during ‘unscheduled business.’ Board of Commissioner Hearing agendas may be found at http://www.mesacounty.us/BoCCagendas/).

Commissioners Announce Finalist for Mesa County Attorney

The County Commissioners are pleased to announce the finalist for the position of Mesa County Attorney.
J. Patrick Coleman 
Denver, Colorado

The recruitment and review process associated with choosing the Mesa County Attorney has been underway since February, 2014. The Mesa County Commissioners thoroughly vetted Mr. Coleman over the last several months and reached a decision on October 28, 2014 during an executive session. Both Mr. Coleman and the Commissioners are thrilled with the mutual selection.

“We are delighted that we have found an attorney with an excellent combination of experience in both the public and private sectors, including years of experience as a County Attorney along with federal public lands issues and transparency and open government,” says Commissioner Rose Pugliese.

Commissioner Steve Acquafresca continues: "The Board of Commissioners is unanimous in our decision choosing Patrick Coleman as the finalist for the role of Mesa County Attorney. Patrick Coleman has many other experiences, and being raised a Colorado native on a ranch in Jefferson County, adds to our decision to select Patrick as the finalist to join the Mesa County organization.”

Commissioner John Justman explains that he finds Mr. Coleman’s degree in agricultural business from Colorado State University, before he obtained his Juris Doctor degree from the University of Denver College of Law, a large positive. “Background in agriculture, as well as business, is something that will help Patrick advise us -- Mesa County needs to make decisions that take into consideration a balance of business interests and private property rights. We face this in our County on a regular basis. I think Patrick will be the right person to join us.”

Patrick Coleman has twenty-seven years of legal experience, including ten years representing local governments. After working for the past several years primarily as a sole practitioner for Coleman Law Firm, LLC, Patrick recently joined the Denver office of a national law firm, Lewis Brisbois Bisgaard & Smith LLP.

Working for Mesa County would mark a return to the Western Slope, where he practiced law for fifteen years, including serving as the Routt County Attorney and the Montrose County Attorney. The primary focus of Patrick’s private law practice has been on real estate transactions and related litigation, land use, local government law, federal public lands issues, agricultural matters, corporate law, and general civil litigation.

Patrick is a Colorado native and was raised on his family’s cattle ranch in Jefferson County. He obtained a Bachelor of Science degree in Agricultural Business from Colorado State University and a Juris Doctor degree from the University of Denver College of Law. Patrick is the father of two teenaged children.

Mr. Coleman’s resume and photo follow this blog post.


Monday, October 27, 2014

Proposed Off Highway Vehicle (OHV) Ordinance

First reading of proposed Off Highway Vehicle ordinance occurred at public hearing Monday, October 27, 2014.  This will be published in the Daily Sentinel in the next few days.  The second reading of the ordinance will occur on November 17, 2014.  Comments welcome.

PROPOSED OR 012 

ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS OF THE COUNTY OF MESA, STATE OF COLORADO 

ORDINANCE NO. 12 

AN ORDINANCE ALLOWING THE OPERATION OF OFF-HIGHWAY VEHICLES ON ALL COUNTY ROADS LOCATED IN UNINCORPORATED AREAS OF MESA COUNTY, COLORADO AND PROVIDING PENALTIES FOR VIOLATION OF SUCH ORDINANCE

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MESA COUNTY COLORADO:

REFERENCES:

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

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

C. C.R.S. § 30-15-401(1)(h) authorizes the County to control and regulate the movement and parking of vehicles and motor vehicles on public property, except state highways.

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

ORDINANCE:

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

Section 2. Designation of Routes. OHV travel shall be allowed, subject to the restrictions listed in this Ordinance, on all county roads located in unincorporated Mesa County.

Restrictions and Prohibited Acts.

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

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

Section 2.03 OHVs operating on Mesa County roads shall be equipped with:
(a) a muffler in constant operation and properly maintained;
(b) a spark arrestor in good working order which has been approved by the U.S. Forest Service as evidenced by the bona fide permanent marking of “qualified” or “approved” on the spark arrestor;
(c) a braking system that may be operated by hand or foot, capable of producing deceleration of 14 feet per second on level ground at a speed of 20 miles per hour; and
(d) At least one lighted head lamp and one lighted tail lamp, each having the minimum candlepower prescribed by regulation of the Division of Parks and Wildlife while being operated between the hours of sunset and sunrise.

Section 2.04 It shall be unlawful to operate an OHV on Mesa County roads in any of the following manners:
(a) On any portion of any street except the far right portion of the street;
(b) To ride together in any pattern except in single file;
(c) On any public or private property or roads without express consent of the owner.

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

Section 2.06 All ordinances and regulations pertaining to vehicles or motor vehicles, including without limitation the Model Traffic Code adopted in Mesa County, shall be applicable to the operation of OHVs on County roads, except to those which, by their nature, can have no application. In the event of a conflict between such ordinances and regulations and this Ordinance, this Ordinance shall govern.

Section 2.07 On county roads, OHVs shall not exceed 35 miles per hour or the posted speed limit, whichever is less.

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

Section 4. Penalties. The following penalties shall apply to this ordinance:

Section 4.01. The provisions of C.R.S. §42-4-1701 are adopted by this reference (references to Article 4 of Title 42 shall refer to the corresponding part of the Model Traffic Code), except that any fine or penalty and the surcharge shall be paid to the County; the penalties and applicable Court surcharges and administrative fees shall be consistent with those applied under the Model Traffic Code adopted in Mesa County.

Section 4.02. With respect to violations of this Ordinance not covered by the Model Traffic Code, criminal prosecution may be brought against a violator in accordance with Sections 30-15-402 C.R.S. and under the penalty assessment procedure provided in Section 16-2-201 C.R.S. Such violations shall be a class 2 petty offense, and, upon conviction or confession of guilt thereof, shall by punished by a fine of not more than one thousand dollars for each separate violation, plus a surcharge of ten dollars ($10.00), under Section 30-15-402(2) C.R.S. and any applicable Court surcharges and administrative fees.

Section 4.03. Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, rule, order or regulation.

Section 5. Application. The restrictions on operation of OHVs contained in this Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this County, the use of which this County has jurisdiction and authority to regulate. The provisions of Sections 1401, 1402, 1413, and part 16 of the adopted Model Traffic Code, respectively concerning reckless driving, careless driving, eluding a police officer, and accidents and accident reports shall apply not only to public places and ways but also throughout this County.

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

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

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

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

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