SAN JUAN COUNTY COMMISSION MEETING SEPTEMBER 11, 2006 The regular meeting of the San Juan County Commission was held on September 11, 2006 at 10:00 A.M. in the Commission Room at Monticello, Utah Present: Lynn Stevens, Chairman Manuel Morgan, Vice Chairman Bruce Adams, Commissioner Rick Bailey, SJC Administrator Dianne F. Neuss, SJC Deputy Clerk Commissioner Bruce Adams made a motion to approve the minutes of September 5, 2006 with corrections. Commissioner Manuel Morgan seconded the motion. Commissioner Lynn Stevens declared the motion carried. Evan Lowry - SJC Planning Evan reported that he put off signing a lease ($15,000) with the State for the use of the off highway vehicle area at Indian Creek. The BLM has asked that we hold off until they complete their plan and he projects that it will probably be a year before we can proceed. A meeting regarding changes to the Forest Service Plan will be held in Price on Friday, September 15th. A copy of the Plan was supposed to arrive by September 8th to allow time for review, but it has not arrived as yet. Evan plans to call and request that they postpone the meeting to the following Tuesday, September 19th when Commissioners will be available. An invoice was received in the amount of $12,000 for gages for the two measuring stations. He will submit the bill for payment. Commissioner Lynn Stevens spoke to Henri Bisson about the Arch Canyon road issue. He indicated that they will make a non-binding determination as soon as possible and if it is determined to be the County's road, he will contact Mark Smith of the Jeep Jamboree. In the meantime, Mark will provide the information that the BLM needs to make sure their plans meet with NEPA regulations. A meeting with Sandy Meyer, of the BLM, is planned for next Monday morning regarding this issue. Cyndi Eldredge - SJC Personnel Office Cyndi reported that Kevin Brydie, who accepted the position in the Assessor's office did not report to work this morning as planned. Cyndi said that she tried to contact him but was unable to reach him. The third person on the list of eligible candidates is Travis Perkins from Blanding. Howard Randall would like to offer him the position. After discussion relating to Personnel policy, it was decided that the job would be offered to Mr. Perkins. If Mr. Perkins does not accept the position, Cyndi will advertise the position again. Commissioner Morgan suggested that the Personnel Policy is not clear regarding the procedures to be followed when this occurs. Cyndi indicated that they have not encountered this issue before now. Commissioner Bruce Adams made a motion to approve offering the position to Travis Perkins as recommended. Commissioner Manuel Morgan seconded the motion. Commissioner Lynn Stevens declared the motion carried. Cyndi returned to the Commission Meeting accompanied by Howard Randall. Cyndi said that she contacted Travis Perkins and offered him the position but he did not accept it. She will advertise the position in-house for one week and if there is no response, she will then advertise the position to the public. Mr. Mark Wallace - Healthcare for SJC Veterans Mark Wallace, a disabled veteran and resident of Blanding addressed the Commission expressing his concern for the lack healthcare for veterans in the County. The closest veteran's facility is three to five hours from his home. Mr. Wallace asked for the Commission's support in helping with this issue. Commissioner Stevens said that this is a reasonable request and that the Veterans Administration should be contracted to request some type of accommodation for healthcare services to veterans in the County. It was also suggested that the Health Service District be contacted and that there be a coordinated effort with providers of healthcare to possibly contract with the Veterans Administration for these needed services. It was suggested that we determine the number of veterans who live in the County as a first step. Rick Bailey said that he will be meeting with Donna Sackett from Senator Bennett's office and will contact her to find out what needs to be done in order to provide services to veterans. The Commission thanked Mr. and Mrs.Wallace for bringing this issue to their attention. Rick will write to Donna Sackett and let her know that he would like to discuss this issue when he meets with her and that the County may want a representative from the Veterans Administration to discuss this with the Commission. Rick Bailey - SJC Administrator Rick presented seven building permits for signature and approval: Brandt & Anna Hart - 510 E. Phacelia, Bluff - Residence with full basement Kenneth Key - 1851 E. Hwy 46, Old La Sal - Basement Installation Jared Berrett - 1668 Pinion Ridge Dr., Blanding - Residence w/full basement Harold Saunders - 49 So. Bobcat Ct., Moab - Residence w/full basement Pete Black - 1454 E. Harris Lane, Blanding - Storage & Shop Building Dee Street - 928 E. Brown Camp Canyon Rd., Blanding - Residence Tri-Hurst Construction, Inc. - County Road #313, South East of La Sal - Warehouse Commissioner Bruce Adams made a motion to approve the building permits providing that all appropriate signatures are placed. Commissioner Manuel Morgan seconded the motion. Commissioner Lynn Stevens declared the motion carried. Rick received three proposals from engineering firms who applied to be the San Juan County Engineer of Record. This is a five-year term. He asked that Commission members individually review and score the applicants and make recommendations regarding this appointment. Rick said that he received two checks in the amount of $64,000 each from the Water Conservancy District for the Oljato and Navajo Mountain water projects. Rick recommended that the County forward the funds to the appropriate agencies to be expended on the designated water projects. The Commission authorized the transfer of funds as recommended. Brenda Harvey - Southern Utah Navajo Fair All agreed that the Southern Utah Navajo Fair went off very well in spite of the late start in planning this year. Brenda presented the Commissioners with a packet of information, including financial reports and receipts. The financial information will be reviewed by Norman Johnson, SJC Clerk/Auditor. Brenda discussed sponsorship and the generous contributions made by community members and businesses in the area. Commissioner Morgan suggested that the County publish the names of sponsors and contributors in the newspaper thanking them for their support. The total cost of the fair excluding manpower and a few outstanding bills was $47,400. Brenda said that there is a reserve of $1,700 held at Zion's bank and it was decided that the bank account should be left open for next year's fair. Some wood and hay from the event will be stored or donated. Brenda said that the community of Bluff was very helpful as was the Utah Department of Transportation, who helped with mowing the lawn and picking up trash. She noted that the trailer on the property needs a new door and other upgrades and discussed some other problems of concern regarding security issues. There is also a need to purchase two or three plastic water troughs for the arena. She said that the Rodeo went very well and presented the Commission with a belt buckle from the Rodeo. The Commission expressed their thanks to Brenda for all her work and said that they were very pleased with her performance as the Fair Manager. This was the first year that the fair did not lose money. The Commission invited Brenda to manage the fair again next year and she agreed that she would. Commissioner Morgan suggested that the fair would probably do much better if it coincided with another event in the community such as the Head Start Days Parade which takes place in May or June. Brenda will contact the organizers and see if this is a possibility. Brenda will start now to plan next year's fair and will contract the rodeo company as well begin to make other arrangements. Brenda will be paid $5,000 for the management of the 2006 fair and this will be arranged with Norman Johnson. Walter Bird, Attorney - Powers and Authorities of Administrative Control Special Service Districts Commissioner Stevens stated that in the aftermath of the decision made at the August 28th Commission Meeting regarding approval of the Blue Mountain Hospital and closure of the San Juan County Hospital in Monticello, there are questions relating to the Commission's authority to make this decision. Commissioner Stevens discussed the State Statute regarding the establishment and enablement of Special Service Districts, specifically, the wording in Section #5 of the Resolution regarding the Administrative Control Board's authority. He questioned the words "the power to act as the governing authority of the district." He indicated that the State Statute indicates that the powers given to the district board can be as broad or as narrow as established by the County Commission. According to the Statute, the County can revoke entirely, or in part, any power or authority delegated to them. Commissioner Stevens said that the County should give every serious consideration to rewording all special service district resolutions, omitting the wording noted so that a district would not have the "governing authority" to dissolve itself and therefore eliminating the potential for a crisis to occur. Commissioner Adams questioned Attorney Walter Bird about the Commission's authority under State Statue to amend the resolutions. Walter said that the State Statute clearly gives this power to the Commission to amend in whole, or in part, the resolution. Walter explained that the reason counties gave all the power to the districts in the first place is because they knew that they could take back the power if things did not go well. Initially, the resolutions were written so that the districts would not be inhibited in any way to conduct business and could make decisions without having to come to the Commission. A long discussion between Commissioners, Attorney Walter Bird and Attorney Craig Halls ensued. Commissioner Lynn Stevens said that members of the State Attorney General's Office in Salt Lake were not in full agreement with the intent of the wording in Section #5 of the Resolution. He stated that he was of the opinion that the wording in question should be taken out to protect the County from undue risk. All of Attorneys are in agreement that the Commission has the authority to withdraw authority previously delegated to the district boards. Walter said that if a district dissolves itself, all of the responsibilities will come back to the County Commission. Commissioner Adams questioned why a district would want to dissolve itself and suggested that this may be something that may be done for legal reasons. Walter recommended that each district be handled individually rather than amending all of the district resolutions at once, even though they all have the same wording in Section #5. Commissioner Adams asked Walter what exactly will be the effect of the proposed change to individual districts if the resolution is amended. Walter indicated that he is not prepared to say at this time. Craig Halls, County Attorney, was asked his opinion and he agreed that the State Statute allows the Commission to vote to amend the district resolutions. He said when the resolutions were written, it was the intent of the Commission to give the districts the authority to run themselves and take actions that they saw fit relieving the County of responsibility. He said that in order to make the change it would be necessary to post it in the Clerk's office, notice the public of the intent to change the resolution(s) and have a public hearing dealing with each district. He agreed with Walter that each district should be handled individually, although we could hold one public meeting for several districts at a time. Craig said that the Commission would not have to vote to request Walter to draft the change. The draft of the change will be provided at the Commission's request. Commissioner Adams said he spoke to LeGrand Bitters who heads the State Association for Special Service Districts but he could not give legal advice on the subject. Commissioner Adams questioned what legalities may be involved. Craig said that he is waiting for some information from the State Attorney General's Office as they are working on the issue and the issue of Commission authority to vote to close the hospital. Mayor Allen, of Monticello, questioned Commissioner Stevens as to his motive for changing the resolution. He asked if the resolution was being amended so that there was no question of the County Commission having the authority to close the San Juan County Hospital. Commissioner Stevens said that even if the closing of the hospital in Monticello were the result of the change, his concern is to protect the County from a potential crisis situation. Commissioner Stevens reiterated that the plan for the hospital in Blanding has been delayed and as a result, they can only be eligible for the HUD loan insurance needed if Medicare designates the hospital as a critical access facility. With this designation, the hospital would be able to bill at a higher rate and be better able to pay back the loan. The regulation allows for only one hospital facility within 35 miles and with the regulation relating to terrain, the hospital in Monticello would have to be closed and converted to a clinic or other similar healthcare facility. Craig Hall, County Attorney, added that even though the Commission voted to allow the Blue Mountain Hospital to proceed with their plans, and close the San Juan County Hospital in the future, it would not be considered binding as the action could be overturned by members of a future Commission. Commissioner Adams asked if the letter that was drafted by Lynn Stevens was legal. Craig said that it is if it states that there is an intent or a plan to close the hospital in the future when Blue Mountain Hospital is completed and operational. Commissioner Adams said he would not be in favor of amending the district resolution if the intent and result is the closure of the San Juan County Hospital. He strongly feels that this plan for closure is premature. Commissioner Stevens said an issue was raised concerning the Commission Meeting Agenda. There have been objections that the Agenda did not list the fact that there would be an action taken when the Healthcare District Board Members came to the meeting on August 28th at the Commission's request. The agenda item was listed as a "Report" and not an "Action." Commissioner Stevens read the State Statute relating to agenda. It is as follows: (6) (a) A public notice that is required to include an agenda under Subsection (2), shall provide reasonable specificity to notify the public as to the topics to be considered at the meeting. Each topic shall be listed under an agenda item on the meeting agenda. (b) Except as provided in Subsection (5) and Subsection (6) ©), a public body may not consider a topic in an open meeting that is not: (I) listed under an agenda item under Subsection (6)(a); and (ii) included with the advanced public notice in accordance with this section. ©) a topic not listed on the open meeting agenda that is raised during an open meeting may be discussed but no final action may be taken by the public body during that meeting. Open time and Other Business Mr. Brad Randall, a local businessman, addressed the Commission asking if the County has a Bid Procurement Code that is different from the State Bid Procurement Code. He said that if the County is going by the State code that he does not think it is being followed correctly. Commissioner Stevens said that Brad would have to come to the Commission with evidence of his statements. In the meantime the County will take it under advisement to publish the procurement code although it may just say that we follow the State code. Commissioner Adams discussed the financial situation concerning the landfill in Monticello. Members from the city said that they cannot afford to keep the landfill open without the County's help. Apparently, the Road Department has no budget for the landfill. After discussion, it was decided that the County will address this issue at the next budget meeting in November. Most likely the cost will be funded from the County's General Fund. There is also a possibility of the City charging a fee for disposal of construction and demolition material. David Carpenter, from the Bluff Service District, said that the State contract was approved for the sewer project and that they have an eight-month time line to qualify for funding. They plan to return to the Division of Water Quality Board in December. Other discussions related to lighting at the Senior Center, a request by members of the 4H Club to use of the County Fairgrounds and an application to the UDOT Enhancement Fund to pay for the path from the Monument Valley School to Gouldings and also for a path to the health clinic. Commissioner's Reports Commissioner Adams said he attended an Elk Management Meeting with Guy Wallace and local residents to revise their management plan. They will meet again on September 28th and recommendations will be made to the RAC at their meeting on Wednesday. He will attend the Weed Board Meeting in the morning and will have a conference call with members of the Division of Wildlife Reserve at 5:30 p.m. to discuss the Clay Draw project in Green River. He will attend a Harvesting Energy Summit at the Department of Natural Resources on Friday from 2:00 to 4:00 p.m., in Rm.1060. A plan will be discussed to have a workshop to address the marketing of wind power. Christine Watson Michael is the local coordinator for this Summit. Commissioner Adams will contact the Library Board regarding their request for the Commissions attendance at their meeting on September 20th. Commissioners along with Rick Bailey will be in Midway, Utah attending a Public Lands Meeting on the 20th and the USACCC Conference on the 21st and 22nd. Commissioner Adams reported that the three anemometer towers are in place and collecting wind power data for the City of Monticello and the County. Commissioner Manuel Morgan reported that he met with Resolute Company in Denver regarding the sale of oil to Navajo Oil and Gas. He said he was pleased with the Southern Navajo Fair and looks forward to it being even better next year. He will attend the AOG on September 26 at l:00 p.m. Members of the Commission and staff offered condolences to Commissioner Morgan at the recent loss of his mother-in-law. He will be attending funeral services this week. Commissioner Stevens reported on the Environmental Quality Radiation Planning Board meeting he attended last week regarding a hearing to amend the International Uranium Company's license. He said the Board voted to give Glen Canyon Sierra Club standing for a voice at the hearing, unanimously disagreeing with us. They claim to represent residents of San Juan County and Grand County which is not the case. A public hearing will be held at the Mill possibly in November. He will attend the Navajo Trust Fund Board Meeting on Wednesday, September 27th and a meeting with Commission members from Garfield and Kane Counties to discuss Lake Powell on September 26th at Bull Frog Marina. Commissioner Stevens will attend the UAC on the Wednesday afternoon, September 20th. Meeting Adjourned: 1:45 p.m. Check # Payee Amount 33990 345-Praxair distribution Inc. 827.80 33991 Adams, Bruce 422.38 33992 Advanced Auto LLC 73.45 33993 BCL Distributing Co. 2,629.48 33994 Bennett Management Serv. LLC 226.12 33995 Best Western Etc. All 64.95 33996 Black Oil Company 13.95 33997 Blanding City 654.12 33998 Information Only Check 0.00 33999 Information Only Check 0.00 34000 Blue Mountain Foods 643.92 34001 Blue Mountain Meats Inc. 353.07 34002 Blue Mountain Panorama 184.27 34003 Butler, Troy 128.00 34004 BW Cottontree Inn 297.00 34005 Canyonlands "C" Store 35.60 34006 Carson, Kathy 369.04 34007 Caselle, Inc. 291.00 34008 Chamberlin Architects 5,724.89 34009 Chevron & Texaco Card Serv. 548.61 34010 Cingular Wireless 67.87 34011 Comfort Inn 109.99 34012 Communications Plus 45.00 34013 Connected Technologies 127.18 34014 Cortez Diesel Sales, Inc. 504.14 34015 County Information Systems Inc. 1,500.00 34016 Crystal Inn 136.00 34017 DeLorme, Charles 476.48 34018 Diamond C. Fuels, Inc. 2,838.90 34019 Dwyer's Communications Inc. 4,729.02 34020 Emergency Medical Products Inc. 181.19 34021 Empire Electric Assoc. Inc. 3,351.96 34022 Factory Parts Express 83.30 34023 Fisher, Mahana M.D. 300.00 34024 Fleet Lite Incorporated 170.06 34025 Four Corners Welding & Gas 343.94 34026 Four States Tire & Service 3,507.18 34027 Frontier 77.80 34028 Gallegos, David 38.00 34029 Gallegos, Tamara 53.00 34030 Globalstar USA 108.06 34031 Grainger 262.50 34032 Grand Valley Foods 837.41 34033 Greenline Equipment 1,397.14 34034 Hickley Dodge, Inc. 15.71 34036 Holiday Inn-Price 55.00 34037 Holliday Construction, Inc. 137.50 34038 Home Depot Credit Services 42.79 34039 Intermountain Polygraph Serv. 559.17 34040 J.C. Hunt Co. Inc. 637.57 34041 Jerry Seiner 19.05 34042 Joyce Guymon Smith 71.18 34043 JVP, Inc. 61.46 34044 Keep Safe Storage 150.00 34045 Keyes, James D. 128.41 34046 Kokopelli Beverage Company 72.00 34047 Korene Blackwater 390.00 34047 Kustom Signals, Inc. 25.69 34048 La Sal Store 68.58 34049 Larry H. Miller Ford Truckland 74.54 34050 Les Olsen Company 1,253.37 34051 Meadow Gold Dairies, Inc. 443.75 34052 Medtronic Physio-Control Corp. 594.27 34053 Meehan, Steve 96.00 34054 MHL Systems 2,884.03 34055 Monsen Engineering Company 243.28 34056 Monticello City 1,470.58 34057 Monticello High School 175.00 34058 Information Only Check 0.00 34059 Monticello Mercantile 101.49 34060 Morgan, Happy 475.00 34061 Morgan, Manuel 460.92 34062 Mountain West Truck Center 279.12 34063 Najera, Manuel 40.00 34064 National Equipment Corp. 510.32 34065 Nicholas & Company 1,386.34 34066 Office Depot 596.90 34067 Orkin Inc. 190.62 34068 Page Brake Warehouse 1,055.84 34069 Pipkin, Brad 86.25 34070 Pipkin, Fritz Jr. 163.13 34071 Precis Communications 38.45 34072 Quill Corporation 247.03 34073 Qwest 105.43 34074 Information Only Check 0.00 34075 Information Only Check 0.00 34076 Redd's True Value 875.20 34077 Regence BlueCross BlueShield 21,782.14 34078 Rice, George 88.00 34079 Rocky Mountain Ambulance 53.79 34080 Rocky Mountain Power 144.50 34081 Rocky Mtn. Home Care 7,213.88 34082 Safety Supply & Sign Co., Inc. 82.53 34083 San Juan Record 303.24 34084 Schultz, William L. 442.63 34085 SemMaterials L.P. 31,514.86 34086 Seventh District Court 1,103.30 34087 Shumway Backhoe Service 630.00 34088 SJC Inmate Account 1,539.64 34089 Southwest Diesel Specialists 118.67 34090 Sterling Trucks of Utah 293.98 34091 Sysco Intermountain Food Svc. 2,046.05 34092 TR Electric & Supply Company 85.57 34093 Tri-Star Aviation 185.00 34094 Turri, Bob 540.00 34095 UniFirst Corporation 137.52 34096 United States Postal Service 4,000.00 34097 UPS 37.23 34098 Utah Chapter ICC 30.00 34099 Utah Department of Workforce Services 23.28 34100 Utah Highway Patrol 100.00 34101 Utah State Tax Commission 25.00 34102 Utah State Treasurer 15,517.05 34103 Verizon Wireless 35.89 34104 Waste Management of 216.25 34105 Whaley, Ray 51.86 34106 Wheeler Machinery Co. 239.31 34107 Blue Mountain Foods 168.10 34108 Blue Mountain Meats, Inc. 693.47 34109 Grand Valley Foods 358.09 34110 Nicholas & Company 727.31 ____________________________ __________________________ Lynn Stevens, Chairman Dianne F. Neuss, Deputy Clerk