SAN JUAN COUNTY COMMISSION MEETING July 28, 2008 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Bruce Adams, Chairman Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Rick Bailey, SJC Administrator Norman L. Johnson, SJC Clerk/Auditor Dawn Shaw, SCJ Deputy Clerk Attendees: Cyndi Eldredge, Tammy Gallegos, Greg Adams, Bruce Bunker, Charlie Delorme, Howard Randall, Susan Taylor, Lynn Laws, Phil Glaze, Craig Preston, Mike Lacy, Grayson Redd, Louise Jones A motion to approve the minutes of July 21, 2008, with corrections, was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Cyndi Eldredge - SJC Personnel Cyndi presented a request for a change in job/payroll for Greg Adams. Greg will go from a Step 169 to a Step 206 due to additional duties. This change is retro active to January 1, 2008. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Craig Preston - SJC Hospital Craig presented an amended resolution, to maintain the San Juan County Health Care Service District, for approval and signature. Amended Resolution No. 2006-08 AMENDED RESOLUTION TO MAINTAIN THE SAN JUAN COUNTY HEALTH CARE SERVICE DISTRICT TO PLAN FOR AND OPERATE THE COUNTY OWNED HEALTH CARE FACILITIES AND SERVICES WITHIN THE COUNTY AND TO DESIGNATE THE AUTHORITIES, RESPONSIBILITIES, AND LIMITATIONS OF AN ADMINISTRATIVE CONTROL BOARD FOR THE DISTRICT, AMENDING RESOLUTION NO. 2006-08, SIGNED OCTOBER 2, 2006, WHICH SUPERCEDED SAN -1- JUAN COUNTY RESOLUTION 88-7, SIGNED ON OCTOBER 12, 1988, AND SAN JUAN COUNTY RESOLUTION 93-1, SIGNED JANUARY 25, 1993. WHEREAS, pursuant to the Utah Special Service District Act, Independent Special Districts, Section 17A-2-1326(5)(4), Utah Code Annotated, (1953, as amended), "[t]he legislative body of the municipality or county that established the service district may, by resolution, delegate any of its powers to the administrative control board, including the power to act as the governing authority of the service district and to exercise all or any of the powers provided for in Sections17A-2-1314, 17A-2-1316, 17A-2-1320, and 17A-2-1321."; WHEREAS, "[n]otwithstanding anything to the contrary in this part, the legislative body of the municipality or county may not delegate the power to: (I) levy a tax on the taxable property of the service district; (ii) issue bonds payable from taxes; (iii) call or hold an election for the authorization of the tax or bonds; (iv) levy assessments; (v) issue interim warrants or bonds payable from those assessments; or (vi) appoint a board of equalization under Section17A-3-217 or Section 17A-3-317", Section 17A-2-1326(5)(b), Utah Code Annotated, (1953, as amended); WHEREAS, "[t]he county or municipal legislative body that created the district may revoke in whole or in part any power or authority delegated to an administrative control board or other offices or employees.", Section 17A-2-1326(6), Utah Code Annotated, (1953, as amended); WHEREAS, San Juan County Resolution 88-7, delegated to the San Juan Health Service District Administrative Control Board, "the power to act as the governing authority of the District"; WHEREAS, it is the belief of the current Board of San Juan County Commissioners that this power to act as "governing authority" empowers the Administrative Control Board with authorities well beyond which are required to accomplish the basic functions of the District; WHEREAS, San Juan County Resolution 93-1, expanded the administrative control board from five (5) to six (6) members with two (2) members from the northern part of the County, two (2) members from the central part of the County, and two (2) from the southern part of the County; WHEREAS, it is the belief of the current Board of San Juan County Commissioners that the current make-up of the membership of the Administrative Control Board with an even number of representatives is difficult and desires to have an odd number and still provide fair representation of the diversity of the county; NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY LEGISLATIVE BODY OF SAN JUAN COUNTY, UTAH, THAT: Section 1. The Board of San Juan Commissioners believes that the public health, convenience and necessity, requires the continuance and maintenance of San Juan Health Service District, -2- within San Juan County, Utah, to provide the health care services identified and described in the Notice of Intent to establish the District in San Juan Resolution 1988-05, signed on September 6, 1988. That notice of Intent states, "[t]he purpose and type of service of the health district shall be to own, maintain, conduct operate, and carry on the business of health care services. To buy, sell, ship, store, and otherwise deal, acquire, and dispose of every kind of medical equipment, supplies, and services, scientific instruments, equipment, buildings, real and personal property, convenient for the operation and conduct of the general business of dispensing health care services." Section 2. The District shall be administered by an Administrative Control Board which is hereby delegated, without limitation, the power to exercise any or all the powers provided for in Sections 17-A-2-1314, 17-A-2-1316, 17A-2-1320, and 17A-2-1321 of the Utah Special Service District Act, Independent Special Districts, Section 17A-2-101, et seq. The said Administrative Control Board shall not have the power to: (I) levy a tax on the taxable property of the service district; (ii) issue bonds payable from taxes; (iii) call or hold an election for the authorization of the tax or bonds; (iv) levy assessments for improvements in an improvement district created under Chapter3, Part3, Utah Municipal Improvement District Act; (v) issue interim warrants or bonds payable from those assessments; (vi) appoint a board of equalization under Section 17-A-3-217 or Section 17A-3-317; or (vii) hold an election, levy a tax assessment, or issue bonds or interim warrants unless The county or municipal body that created the district has approved. Section 3. Administrative Control Board Members shall be paid a per diem rate as provided in Section 17B-2-404, Utah Code Annotated, (1953, as amended), to the same extent as if they were members of a board of trustees of a local district. Section 4. The membership of the Administrative Control Board shall consist of seven (7) members with two (2) members from the northern part of the County, two (2) members from the central part of the County, one (1) from the southern part of the county, one (1) Native American at large member from any area within the County and one (1) at large member from any area within the County. Section 5. The Administrative Control Board shall be appointed by the Board of San Juan County Commissioners. Their term of service shall be four (4) years staggered in such a way as to avoid having more than four (4) members replaced in the same year. Section 6. Administrative Control Board members may be reappointed to a second term, however, no member shall serve greater than eight (8) consecutive years. Vacancies of the appointed members of the Administrative Control Board, other than the expiration of a term, -3- shall be filled by appointment of the Board of San Juan County Commissioners for the un- expired term of the member whose vacancy is filled. Section 7. The Board of San Juan County Commissioners shall appoint none of it's three members to serve on the Administrative Control Board of the District. Section 8. The Administrative Control Board shall elect its Chairperson, Vice-Chairperson, and Secretary each year during the January Board meeting, unless the San Juan County Board of Commissioners directs otherwise. The Chairperson, Vice-Chairperson, and Secretary may serve in those positions for more than one (1) term of office. PASSED, ADOPTED, AND APPROVED BY THE Board of San Juan County Commissioners this 28 day of July , 2008, by the following vote: Those voting aye: Commissioners Adams, Stevens, Maryboy Those voting nay: None Absent: None Board of San Juan County Commissioners __________________________________ Bruce B. Adams, Chairman ATTEST: _________________________________ Norman L. Johnson, SJC Clerk/Auditor Rick Bailey - SJC Administrator Rick presented eight building permits for approval and signature. Encana Oil and Gas - Gas Compressor Station - CR 313 & CR 357, Lisbon Valley Patricia Kudzia - Bathroom - Hwy 191, Wilson Arch John Schafer - Residence - Ranch Road, Spanish Valley Delano Backus - Dwelling - Mt. Peale, Spanish Valley LDS Church - Pavilion - Hwy 191, Blue Mountain Guest Ranch Eric Halls - Residence - Hwy 191, Monticello Grant Hansen - Garage - West Wildflower, Spanish Valley A motion to approve the building permits, provided all appropriate signatures are in place, was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. -4- Lynn Stevens - Bunk House - N Blue Mountain Road, Blanding A motion to approve the building permit, provided all appropriate signatures are in place, was made by Commissioner Kenneth Maryboy, Commissioner Bruce Adams seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commissioner Lynn Stevens abstained. Rick presented a Thank You letter, drawn up by the Tomhave Group to Utah Senators, for signature. A motion to approve Chair Signature was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Rick presented the annual Predator Control Contract in the amount of $5000 for approval and signature. A motion to approve and sign the Contact was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Open Time and Other Business Susan Taylor, SJC Ec. Development, presented a request to appoint Maxine Deeter to the Library Board. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Lynn Laws, SJC Road Department, presented a request to hire the low bidder, Falcon, for gravel crushing. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Lynn also presented a request to sign a right-of-way grant for the BLM. A motion to approve the request was made by Commissioner Kenneth Maryboy. Commissioner Lynn Stevens seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Mike Lacy, SJC Sheriff, presented the Bailiff Security Contract in the amount of $16,500 for approval and signature. A motion to approve and sign the contract was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Mike presented a request for a $200 a month housing stipend for Sheriff Deputies in Bluff, La Sal, and Spanish Valley. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Mike presented a procurement request for License Recognition Software. A motion to approve the request was made by Commissioner Kenneth Maryboy. Commissioner Lynn Stevens seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. -5- Bruce Bunker, SJC Building Inspector, gave a report to Commissioners on Paula DeJoshua's property. With Bruce's information Commissioner Lynn Stevens made a motion that Paula DeJoshua's mobile home project is not part of a trailer park. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commissioners discussed with Bruce the option of not charging religious organizations a Building Permit fee. A motion to exempt non revenue producing church related property building permit fees was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commission Reports Commissioner Stevens will be leaving today for Salt Lake to attend the Natural History Museum groundbreaking and plans to be in Richfield Thursday for UAC. Commissioner Maryboy attended meetings for the Navajo Nation all last week. Commissioner Adams will be attending UCIP training tomorrow and plans to be in Richfield Thursday for UAC. Adjourn 12:00 -6-