SAN JUAN COUNTY COMMISSION MEETING OCTOBER 11, 2004 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Lynn Stevens, Chairman Manuel Morgan, Vice Chairman Ty Lewis, Commissioner Rick Bailey, Administration Assistant Norman L. Johnson, County Clerk Dara Whatcott, Deputy Clerk A motion to approve the Minutes for October 4, 2004 meeting as corrected was made by Commissioner Ty Lewis . Commissioner Lynn Stevens seconded. None opposed Commissioner Lynn Stevens declared motion carried. Commissioner Manuel Morgan was absent for this motion. BOE: Commissioner Ty Lewis motioned to go into Board Of Equalization. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared motion carried. Kirk and Patricia Smith called via Phone, they wanted to talk to the commission about property taxes, They felt that the taxes were to high, but after they talked to Howard Randall, County Assessor and the Commission, the Smith's were satisfied with the decision of leaving them the way they are. Commissioner Manuel Morgan motioned to go out of Board of Equalization. Commissioner Ty Lewis seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Personnel Department Report: New Hire: Assistant County Attorney Walter Bird, presented the name of Bernadette Regalado to move from the Library part-time to the Assessor's office full- time Step 25 $1493.00. Commissioner Ty Lewis motioned to approve the new hire, Bernadette Regalado for the Assessor's Office. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared motion carried. Planner Evan Lowry's Report: Evan presented the commission a proposed ATV Road map that makes a loop around San Juan County. Evan requested that he would like to revise a New Master Plan for the County. Commission agreed and Evan will start the process. Commissioner Ty Lewis motioned to approve the Grant money from AGRC in the amount of $25,000.00 and to fill out and sign the contract with AGRC. Commissioner Manuel Morgan seconded . None opposed. Commissioner Lynn Stevens declared the motion carried. Administrative Assistant Rick Bailey's Report: Building permits: Rick presented four building permits. One is for Marion & Tanea Walton at Pack Creek . The other three building permits are for Todd Stevenson, Decker/Hutchinson, and Ivan Winder in Spanish Valley and the Mt. Peale Subdivision Commissioner Ty Lewis motioned to approve the building permits. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Award remodeling bids: Rick presented two bids for the remodeling of the Road Shed and the EMS Garage in Blanding, Tri- Hurts Construction bid for $666,975.00 and FCI for 999,000.00. Commissioner Ty Lewis motioned to approve the bid from Tri- Hurst Construction at $666,975.00. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Iron Mesa Subdivision: Rick presented the final plat for the Iron Mesa Subdivision. Commissioner Manuel Morgan motioned to approve the Final Plat for Iron Mesa Subdivision. Commissioner Ty Lewis seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Utah Counties Insurance Pool : Rick presented a letter from Utah Counties Insurance Pool, they would like to know who is the designated representative and an alternate. Rick will be the representative and Melissa Slade will be the alternate. The meeting is set for December 2, 2004 at Thanksgiving Point in Lehi. Commissioner Ty Lewis motioned to approve Rick Bailey as the representative and Melissa Slade as the alternate for the Utah Counties Insurance Pool Meeings. Rick Indicated Ira Hatch has been nominated to be the voting Representative for the Utah Counties Insurance Pool. Commissioner Ty Lewis motioned to nominate Ira Hatch as the voting Representative. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Open Time and Other Business: Policy for Using Animal Facilities: The Commission read the Policy and after discussion decided to take out a paragraph of the Policy. Commissioner Ty Lewis motioned to approve the removal of the underlined paragraph on page 3 of the Policy. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Policy for Using Animal Facilities San Juan County Fairgrounds Article 1- History The livestock facilities and arena at the San Juan County Fairgrounds were constructed for the use of the citizens of San Juan County. The arena, scale, and holding corrals were built by volunteer labor, using materials purchased by the county government. This process occurred from 1989 to 1993. The Show ring, steer sheds, hog and lamb pens, and wash racks were put together by participants in the San Juan County Junior Livestock Association, beginning in 1987 and continuing to the present. They have been constructed by volunteer labor, using materials purchased by the junior livestock association with the agreement that these facilities would belong to the livestock program. Article 2- Facility Use Section 1-Liability Users of the animal facilities at the San Juan County Fairgrounds will be subject to Title 78-Chapter 27b-102-Equine and livestock activity liability limitations. (1) It shall be presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with theses activities. (2) An equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities, unless the sponsor or professional: (a) (i) provided the equipment to tack; (ii) the equipment or tack caused the injury; and (iii) the equipment failure was due to the sponsor's or professional's negligence: (b) failed to make reasonable efforts to determine whether the equine or livestock could behave in a manner consistent with the activity with the participant; (c) owns, leases, rents, or is in legal possession and control of land or facilities upon which the participant sustained injuries because of a dangerous condition which was known to or should have been known to the sponsor or professional and for which warning signs have not been conspicuously posted. (d) (i) commits an act or omission that constitutes negligence, gross negligence, or willful or wanton disregard for the safety of the participant; and (ii) that act or omission causes the injury: or (e) intentionally injures or causes the injury to the participant. (3) This chapter does not prevent to limit the liability of an equine activity sponsor, an equine professional, a livestock activity sponsor, or a livestock professional who is: (a) a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, in an action to recover for damages incurred in the course of providing professional treatment of an equine; (b) liable under Title 4, Chapter 25, Estrays and Trespassing Animals; or (c) liable under Title 78, Chapter 15 Product Liability Act. Section 2- Arena The arena shall be available for the use of San Juan County residents who wish to participate in equine activities. There shall be no charge for casual riding, 4-H and youth organization practices, informal equine activities, educational programs, and other reasonable local equine and livestock events. For equine and livestock activities that involve businesses conducting transactions, activities where a fee is charged to participate or to observe the event or any other activity where the arena and facilities will be used for profit or gain, the following fee scale will be used in renting the facilities: • Arena- $30.00 per day, not exceed $150 per week. • This includes reasonable use of the lights. • Concession Stand- $30.00 per day. *Event sponsors shall pay a $200.00 refundable cleaning/damage deposit at the time of signing the rental contract. ** Event sponsors will be subject to all stipulations of the San Juan County Rental Agreement. Section 3- Livestock Holding Facilities The livestock holding facilities shall be available for the reasonable use of San Juan County residents. Livestock producers using the facilities to market their animals will be given first priority in scheduling. There will be absolutely no long term boarding of animals in the facilities. Animals left over three nights will be considered abandoned and will be impounded by the San Juan County Sheriff's Office. Overnight use by travelers passing through the area is acceptable at no charge. Section 4- Livestock Scales The Livestock scales are for the use of San Juan County livestock producers in marketing their animals. The scales can be scheduled through the San Juan County Extension Office. In an effort to avoid conflict, livestock producers and order buyers using the scale facility will be asked to calendar in advance of the time they wish to use the scales. The county will assure that the scales are certified each year to meet Utah State Law. Addendum The San Juan County encourages the use of the livestock facilities at the County Fairgrounds by its citizens, and will make every effort to have the facilities available. Commission Reports: Commissioner Stevens went to the RS2477 Executive Committee meeting this last week in Salt Lake City. Commissioner Stevens will be attending the AGRC meeting, Tuesday October 12, 2004 at 11:00 A.M. Commissioner Stevens will be attending the Outdoor Recreation Task Force on October 14, 2004. Commissioner Stevens will try to attend the Court Hearing on October 15, 2004 in Salt Lake City. Commissioner Manuel Morgan attended the UNHS Open House in Montezuma Creek Friday October 8, 2004 at 6:30 P.M. Commissioner Manuel Morgan attended the Revitalization meeting on Monday October 4, 2004 at 1:30 P.M. Wednesday October 13, 2004 Commissioner Manuel Morgan will be attending Montezuma Creek Elementary School Parent Meeting at 6:00 P.M. Thursday October 7, 2004. Commissioner Manuel Morgan went to the Aneth Chapter meeting but it was cancelled. Another meeting is set for October 14, 2004 at Aneth Chapter House. Red Mesa Chapter House meeting October 11, 2004 at 6:00 P.M. Commissioner Manuel Morgan is planning to attend. October 12, 2004 Health Committee meeting in Shiprock. Commissioner Manuel Morgan will be attending the National Tribal Transportation Conference on October 26 - 28, 2004 in Scottsdale Az. Commissioner Ty Lewis attended the Revitalization meeting on Monday October 4, 2004 at 1:30 P.M. also on the same day Commissioner Ty Lewis attended a Mental Health meeting at 4:00 P.M. On Friday October 8, 2004 Commissioner Ty Lewis attended the Rural Economic Development Regional Hearing in the Commission Room at 1:00 P.M. Commissioner Ty Lewis will be attending the ARCG meeting, Tuesday October 12, 2004 at 11:00 A.M. This week Commissioner Ty Lewis will be attending a Hearing in Ogden with the Legislators on the Road Funding for the Counties. Approved Bill Payments: Adams, Bruce 150.00 Adams, Greg 105.00 Adams, J.J. 55.00 Adams, J.J. 150.00 Adams, Lynn 150.00 Alan's Body Shop 1,020.63 Alco Discount Store 122.90 American Red Cross 160.00 Associated Administrators, Inc. 65.00 Atlas Scale, Co.,Inc. 900.00 Bailey, Richard M. 53.00 Bird, Walter 238.50 Blanding City 1,392.88 Blanding Justice Court 595.00 Blanding Senior Center 40.92 Blue Mountain Foods 29.43 Blue Mountain Meats Inc. 745.28 Blue Mountain Panorama 860.40 Bookcliff Sales Inc. 7.25 Brantley Distributing, LLC. 128.00 Chevron and Texaco Card Serv. 711.56 Conoco Incorporated 91.63 County Information Systems Inc. 1,500.00 Crystal Inn 408.00 Crystal Inn- St. George 118.00 Douglas Harkey Design 3,000.00 Dwyer's Communications Inc. 4,749.07 Earthgrains Baking Company 56.00 Electro-Comm Distributing Inc. 65.04 Empire Electric Assoc. Inc. 3,182.52 Factory Parts Express 217.33 Factory Parts Express 233.41 Federal Signal Corp. 130.00 Filter Technologies 107.68 Fisher, Mahana M.D. 55.00 Four Corners Welding & Gas 117.71 Four States Tire & Service 277.34 Freestone, Alan 56.00 Frito-Lay, Inc. 77.10 Front Page 371.42 Frontier 149.76 Frontier 1.805.13 Galls Incorporated 173.62 Grand Valley Foods 321.94 Grover, Clark 57.50 Hampton Inn SLC Downtown 1,632.00 Hazleton, Lyon W.II 95.00 Hensley Battery & Electrical 103.95 Holiday Inn -Price 99.00 Intouch Paging 72.50 J.C. Hunt Co, Inc. 575.56 J.M Distributing Corp. 202.92 Johnson, Norman L. 313.38 Keep Safe Storage 90.00 Larry H. Miller Chevrolet 50.79 Lawson Products, Inc. 455.30 Library Store, Inc. 384.15 Meadow Gold Dairies 315.00 Meyer, Stephen K. 150.00 MFE West, Inc. 260.66 Miscellaneous Payables 92.00 Moab Communications 144.00 Mobile PC 12.00 Monsen Engineering Company 157.74 Monticello City 1,361.28 Monticello Home & Auto Supply 404.91 Monticello Justice Court 720.00 Monticello Mercantile 50.45 Monument Resources 15,768.00 Naatsis' Aan Community School 450.00 NACO 370.00 Navajo Tribal Utly Authority 16.44 Nicholas & Company 911.64 Olympia Book Corp. 511.43 Orkin Exterminating Co. Inc. 81.32 Palmer's Retail, Inc. 143.39 Pirtle, Mike 40.00 Popular Subscription Service 495.08 Precis Communications 41.95 Quill Corporation 153.65 Radar Shop 198.18 Radio Communications, Inc. 180.00 Redd's True Value 462.91 Regence BlueCross BlueShield 43,076.96 Richardson, Bill 28.09 San Juan Building Supply 96.09 San Juan County 56.06 San Juan County Inmate Account 1,906.75 San Juan Dental 74.58 San Juan Health Care Service 234.91 San Juan Record 485.19 Schaechter, Valerie 156.00 Schultz, William L. 200.39 Seventh District Juvenile Ct. 300.00 Shell Fleet Plus 132.93 Showcase 78.78 SJSD Media Center 13.00 Smith& Son Parts Plus 35.27 Southwest Diesel Specialists 80.03 Steele, Pete 20.00 Stevens, Lynn 173.52 Turri, Bob 1,680.00 Utah Power 101.33 UVSC 320.00 Verizon Wireless, Bellevue 113.90 Vision Video 325.82 Waste Management of 74.47 Wellington Justice Court 356.00 Wheeler Machinery Company 1,593.96 Yazzie, Dianna 168.00 Yellow Page Publishers 160.92 Zanios Foods 769.47 Adjournment: This meeting adjourned at ___________________________________ ____________________________ Lynn Stevens, Chairman Dara Whatcott, Deputy Clerk