SAN JUAN COUNTY COMMISSION MEETING February 5, 2007 The regular meeting of the San Juan County Commission was held on February 5, 2007 at 9:00 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 Dianne F. Neuss, SJC Deputy Clerk Commissioner Kenneth Maryboy made a motion to approve the minutes of January 29, 2007. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Dora and Baxter Benally - Building Permit Issue Mitch McComb and Hank Louis, owners of Design Builders, applied for a building permit for a home they are building for Dora and Baxter Benally and it was approved by the Commission on January 29, 2007. Mr. McComb explained that their company is a non-profit organization in partnership with the University of Utah and affiliated with Community Development in Salt Lake City. University Architectural Students participate in this program by designing and building homes. Mr. Louis and Mr. McComb requested that the fee for the building permit be waived as the organization has limited funding from donations for the project. Rick Bailey, SJC Administrator and Bruce Bunker, SJC Building Inspector reviewed the request and determined that, although they are a non-profit company, the home being built for the Benally's would not be exempt from property tax and therefore it is subject to the building permit fee. Commissioner Stevens explained that the fee pays for the ongoing inspections by the County Building Inspector throughout the building process assuring that all requirements are met for the Benally's as well as for future buyers. Commissioner Maryboy noted that, although the property is not on the Reservation, the Benally's have inhabited the area before the Episcopal Mission came into the area and he is in favor of anything that can be done to help the Benally's establish a home on the property. Commissioner's decided that rather than setting a precedent by waiving the building permit fee, an effort will be made to elicit donations from other sources. Commissioner Maryboy will be attending the Aneth and Red Mesa Chapter meetings and will make a request on the Benally's behalf. Commissioner Stevens will attend the Navajo Trust Fund meeting on Friday when he will discuss the possibility of funding. Mr. McComb and Mr. Louis will contact Rick Bailey regarding the issue. Commissioner Lynn Stevens made a motion to defer payment of the building permit fee until the final inspection of the building while efforts will be made to locate funding to cover the fee. Commissioner Kenneth Maryboy seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. Evan Lowry - SJC Planning Office Evan reported that some of the roads at Milk Ranch Point on the Forest Travel Plan are closed. He presented the Commission with maps and photographs of the roads in question. The closed roads create a greater problem because the area is open and flat and vehicles go around the roads (there are no signs) that are barricaded causing damage. Apparently, when the fire trucks went in to fight a fire, roads that were constructed were closed along with those that are on the Travel Plan. Evan said it is a lot worse than he thought it was and that there are a lot of archeological sites at Milk Ranch Point that may be at risk. He said that if the roads are now designated as level one roads (inaccessible to the public) they should not be in the Travel Plan. He will contact Lee Johnson and the Forest Service to try and resolve the problems. He noted that the area is used by ranchers with livestock permits, recreationists, hunters as well as for seed, herb and wood gathering. Evan said that the Forest Service Plan devotes 80 pages to Social Economic issues and he feels that it is not very productive. Commissioner Adams noted that there was an article regarding Nine Mile Canyon where 16 of the 19 parcels are closed. Commissioner Stevens said that they will need a separate permit for drilling and that will be when individuals who object to the drilling will protest. The BLM did not show evidence of considering all the elements of the environmental assessment when the leases were sold. Charles Kay will take additional photos of the winter and summer ranges for deer in a couple of weeks when it is easier to get into the area. Commissioner Adams noted that he attended the Utah Partners for Conservation where they discussed two or three projects in Mill Creek. The meeting related to re-seeding and pinion and juniper control. He suggested that they may be able to provide funding for similar projects in San Juan County. Commissioner Adams said that the Nature Conservancy and the DWR are anxious to purchase an elk farm in the County for conservation development. Rick Bailey - SJC Administrator Rick presented three bids for the purchase of a tubeless truck tire - mounting and de-mounting tool for the Road Department. The recommendation was to purchase the tool from Myer Tire Supply, in the amount of $599.00 plus $35.00 freight. Commissioner Lynn Stevens made a motion to approve the purchase of the TNT-100, tubeless truck tire mounting and de-mounting tool from Myer Tire Supply. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick reported that Grand County Water and Sewer are seeking a Federal Grant to do an Aquifer Study and are asking for our support in the form of a Resolution. Rick provided a copy of the letter from the Water District to Commissioner's for their review. After consideration it was decided that a Resolution be provided in support of the grant request for the study. Commissioner Lynn Stevens made a motion to approve providing a Resolution for the Aquifer Study. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. SAN JUAN COUNTY Resolution #2007-01-01 A resolution in support of funding a study of water hydrology in San Juan and the Spanish Valley area. Whereas: San Juan County body duly organized under the State of Utah, (hereinafter the County) pursuant to the provisions of the Utah Interlocal Co-operation Act, 11-13-1 of the Utah Code; and Whereas: A portion of the duties of San Juan County is to provide and develop adequate water resources for citizens of San Juan County; and Whereas: No comprehensive study of the hydrology of San Juan County has been performed in the past 30 years; and Whereas: The technologic ability of hydrologists has vastly improved since the last comprehensive hydrologic study of San Juan County was performed; and Whereas: Current, up-to-date information regarding San Juan County's hydrologic system will aid the Agency and other entities in San Juan County, State of Utah, in making decisions regarding the use, development, protection and conservation of the San Juan County's water resources; Now, Therefore be it resolved by the Board of County Commissioners of San Juan County supports efforts to fund a comprehensive hydrologic study of San Juan County and that the County shall make all reasonable efforts to support and participate in the acquisition of funding for such a study. Passed at the regular meeting of the San Juan County commissioner on the 18th day of January 2007. ________________________________________ Bruce B. Adams, County Commission Chairman ATTEST ____________________________________ Norman L. Johnson, San Juan County Clerk Rick reported that the most that could be saved by using coupons to purchase a Chevrolet truck for Steven Bradford, SJC Communications Department, would be $250 and further that there are no other vehicles available. Rick checked with Ken Garff Ford Dealership in American Fork and that there is a truck available that is an 8 cylinder, 350, 5.4, for $24,437.77. Since the purchase of a truck was not included in the Communication Department's budget this year, an adjustment will need to be made at year end. Commissioner Lynn Stevens made a motion to approve the purchase of a truck for the Communications Department. Commissioner Kenneth Maryboy seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick requested approval for out of state travel to Denver, CO for Lynn Laws and Paul Langston to test, inspect and possibly purchase a Caterpillar Earth Scraper. They have been trying to acquire a Scraper for the last two years but, if purchased new, it would cost approximately $500,000. The one they plan to look at is only $82,000 and has had little use. Commissioner Lynn Stevens made a motion to approve the out of state travel request. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick reported that Mexican Hat Special Service District is without a Board and that the previous board members indicated that they do not wish to serve. Because there is not board, it is necessary for the County Commission to take responsibility for the district. The district receives no property tax and is use fee driven. A total of $33,000 a year is collected in fees based on seventeen hookups but there is an outstanding loan payment of $900 per month which leaves little for maintenance. Rick said that Rocky Mountain Power recently went down to Mexican Hat and corrected some of the electrical problems. Phil Lyman, CPA, is the caretaker of the funds and is in possession of the financial records. Rick said that it is the usual policy that the County Treasurer handle the funds when the County Commission takes over but in this case, since Phil Lyman has done a good job, it was recommended that he continue as caretaker of the funds. It was also determined that the fees should probably be increased to cover costs and that a Public Hearing will need to be scheduled. Phil will be contacted regarding these issues. Danny Flemming is the Plant Manger and Operator. Rick spoke to the State Auditors in charge of handling district budgets and they provided Rick with a copy of the last filing received which included 2001. They indicated that they are willing to waive all subsequent years and begin with the 2007 budget. Walter Bird, Attorney, will also look into the issue. A motion was made for the San Juan County Commission to take responsibility for the Mexican Hat District in the absence of a Board. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick said he traveled to Flagstaff last week to attend the Community Development Block Grant meeting. Seven grants were awarded, three to San Juan County. Navajo Mountain was awarded 1.36 million dollars for phase two of the project to extend the pipeline and Rick said that they are close to having all the money needed for this project. An archeological study needs to be completed as well as the alignment process. Construction is scheduled to begin in late fall of this year. The situation at Navajo Mountain is still problematic. The pipeline froze and was supposed to be repaired last Friday night. Rick also reported that the Road Project is continuing and culverts have been placed. Rick said that a group called "Active ReEntry", whose goal is to keep people in their homes by making needed repairs to their homes, will be in the Bluff area in the middle of March. They are a group of college students who have ten projects scheduled in the Bluff area. Their office is located in Moab. If there are other homes identified for this program, Jody can be contacted by calling the Moab Office, 259-0245. Governor Huntsman and Congressman Matheson are in support of this group and have joined with them in their efforts. Rick requested approval and signature for a Subdivision called "Snow Minor" in Spanish Valley. It is made up of two lots and each lot is one acre. Commissioner Maryboy made a motion to approve the Snow Minor Subdivision. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick will be out of town for the rest of the week and will return on Wednesday of next week. He can be reached by cell phone. The Grant Writing Contract will be postponed for a later Commission meeting. Open Time and Other Business Sheriff Mike Lacy reported that his department arrested seven drunk drivers in the Mexican Hat area. A few persons would not stop and went on to the Reservation. His department is doing their best to put a stop to alcohol related problems by enforcing the law to make the roads safer. Commissioner Bruce Adams will report this at the next Oljato Chapter meeting he attends. Commissioner Bruce Adams asked if we are any further on forming the Planning and Zoning Commission. Walter has the information and will work on drafting a document to establish and enable the new Commission. A Public Hearing will need to take place before the Commission goes forward. The Commissioner received an E-mail from Skip Myer on the Bluff Project. Skip sent out a survey to Bluff residents and received most of them back. They are moving along slowly and ultimately need to work with the Water Quality Board and Health Department. Susan Taylor requested that San Juan County respond to the "Devine Strake" project as Governor Huntsman has requested. Commissioner Stevens recommended that we write a letter stating the County's official position of objection to the project with all three Commissioner's signatures. Rick Bailey will draft the letter. Commissioner Kenneth Maryboy made a motion to draft a letter stating the County's position on this issue. Commissioner Lynn Stevens seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. Susan also reported that a dinner will be held at the Salt Palace on Friday evening for individuals involved in tourism in the State. Commissioner Stevens may try to attend. Cleal Bradford presented a copy of the Transportation Enhancement grant application to the UDOT Enhancement Fund for the Bluff Project which he submitted a few days earlier. It was initially well received with compliments regarding the local support. He thanked the Commission for their support of the application but also for their financial commitment to the project. Cleal said that he would like very much to begin to write the grant application requested by the Commission for the walking/biking trail from the school at Montezuma Creek to Gouldings. He would like to obtain information in order to get cost estimates and various other data. Rick will assist in getting the information that he needs. Cleal reported that a grant application submitted last year for a Scenic By-Way Management Plan was denied and they suggested that an application for the grant be sent in this year and that the project be broken down into phases. The money is from the Federal Highway Scenic By-Way Fund. Cleal will work with Charles to obtain a letter of support and submit it again. Commissioner's Reports Commissioner Stevens noted that tomorrow is the Blanding Workforce Services Business Expo and there will also be a meeting of the Board on Homelessness. He will be unable to attend either of the meetings but invited others to attend. Last week he attended UAC discussions where Natural Resources and Public Land issues were discussed. He said not much related or effected our County. He will be traveling to Salt Lake City today to sit in on a Committee Meeting regarding voter registration. Again, Senator Madsen is promoting a bill to restrict citizens from registering to vote which will make it more difficult for Native Americans to register. The bill was killed for the last two years and plan is to try to do the same this year. Commissioner Maryboy traveled to Salt Lake City to attend legislative sessions and training for new Commissioners. He said it was a very learning experience where reading agendas, insurance and conduct were discussed. He met with Senators regarding bill #106 dealing with Minority Business Owners in the State, bill #204 dealing with Human Remains. Commissioner Maryboy is interested in a bill being introduced dealing with Math Couching in the School System which would be an advantage to students. It was not on the list of bills. Commissioner Maryboy will meet with Donna Singer today and will attend a meeting at Red Mesa, Aneth and Mexican Water. He plans to travel to Salt Lake City on Thursday. He will report on the Chapters he visits at the next Commissioner Meeting. Commissioner Adams attended legislative sessions in Salt Lake City last week and also attended the presentation by members of the City of Monticello to State officials concerning mill trailing exposure. He noted that the Southeast Utah Health District is doing less and less screening each year and it is unclear as to the reason. It may be that there is not enough funding or that the priorities need to be allocated differently. It was noted that the Utah Navajo Health Systems is also authorized to do cancer screening. Commissioner Adams will attend the Revitalization Meeting in Aneth today and will participate in the USACC Wednesday conference call and leave Wednesday night to SLC. He plans to attend a meeting on Thursday concerning metal health. 10:33 a.m. - Commissioner Lynn Stevens made a motion to go into an Executive Session to address a personnel matter. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. 10:53 a.m. - Commissioner Lynn Stevens made a motion to exit the Executive Session. Commissioner Kenneth Maryboy seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. Walter Bird, Attorney recommended that Amber Young's position be reclassified based on her job description and duties. The position would go from Step 88 to Step 148 with the recommended pay raise effective retroactively from 1/02/07. Commissioner Lynn Stevens made a motion to approve of the recommendation to reclassify the position. Commissioner Kenneth Maryboy seconded the motion. Commissioner Stevens and Maryboy voted yes. Commissioner Bruce Adams abstained from the vote as Ms. Young is his niece. Commissioner Adams declared the motion carried. 11:00 a.m. Public Hearing - Jared and Heather Palmer - Zone Change Commissioner Lynn Stevens made a motion to go into a Public Hearing to take comments on the proposed zoning change requested by Jared and Heather Palmer to operate a ice making business on their property in Spanish Valley. It was noted that eight of their neighbors signed a statement in support of the zoning change. Commissioner Kenneth Maryboy seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. There were no public comments made regarding the proposed zoning change. Rick Bailey stated that he did not receive comment on this issue. Commissioner Lynn Stevens made a motion to exit the Public Hearing. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens made a motion to approve the requested zone change to accommodate Mr. & Mrs. Jared Palmer's operation of an ice business on their property. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. 11:03 - Meeting Adjourned Check No. Payee Amount 36633 Adams, Bruce 460.40 36634 Alan's Body Shop 2,301.55 36635 ALLTEL 10.44 36636 Amerigas-Blanding 1,684.39 36637 Aramark 1,035.39 36638 Autumn R. fitzgerald 1,935.26 36639 Barnes Distribution 165.78 36640 Bear Cat Mfg., Inc. 29.90 36641 Bird, Walter 670.75 36642 Bitsinnie, Irene 560.00 3664 Blackwater, Virginia 560.00 36644 Blanding City 1,695.97 36645 Blanding Justice Court 482.00 36646 Blanding Sr. Center 36.71 36647 Information Only Check 0.00 36648 Blue Mountain Foods 557.26 36649 Blue Mountain Meats, Inc. 901.89 36650 Blue Mountain Panarama 17.00 36651 Brantley Distributing, LLC 883.30 36652 Briggs Corporation 276.21 36653 Bronson, David 157.50 36654 BuyOnlinenow.com 774.10 36655 Cantrell, Kent 70.00 36656 Chamberlain Architects 1,700.34 36657 Christensen Storage 450.00 36658 Company Two Fire 107,000.00 36659 Consolidated Plastics Co., Inc. 1,137.49 36660 County Information Systems Co. 1,500.00 36661 Crystal Inn 538.00 36662 Curtis Industries 172.84 36663 DeLorme, Charles 400.00 36664 Demco Media 756.59 36665 Dennehotso Senior Center 186.90 36666 Diamond C Fuels Inc. 2,094.00 36667 Dine Propane 69.52 36668 Dwyer's Communications Inc. 2,641.94 36669 Eagle Air Med (Othr) 283.64 36670 Empire Electric Assoc. Inc. 1,576.51 36671 Factory Parts Express 178.58 36672 Forestry, Fire & Sate Lands 7,920.04 36673 Four Corners Welding and Gas 78.41 36674 Four States Tire & Service 2,562.68 36675 Franklin Covey Co. 89.14 36676 Frontier 4,391.18 36677 GLJ Freight 355.00 36678 Gaeorama, Inc. 400.00 36685 Hazleton, Kirk 38.00 36686 Hinckley Dodge, Inc. 25.62 36687 Home Depot Credit Services 162.64 36688 Hurst, Val 40.00 36689 Ingram Library Services 1,137.97 36690 J.C. Hunt Co., Inc. 630.24 36691 Joyce Guymon Smith 144.17 36692 Jury Duty Miscellaneous 18.50 36693 K. Andrew Kitzgerald 1,088.75 36694 Ketron, David 100.00 36695 Korene Blackwater 1,480.00 36696 La Sal Store 13.85 36697 Lameman, Elsie 560.00 36698 Larry H. Miller Ford Truckland 610.53 36699 Larry Miller Mopar Parts Center 27.45 36700 Latham, Travis 220.00 36701 Lawson Products, Inc. 706.83 36702 Lee, Alvin 560.00 36703 Lee, Brian L. 560.00 36704 Legislative Printing 108.45 36705 Lehi, Elroy 560.00 36706 Linda Smith 560.00 36707 McDonald, Ron 54.00 36708 Meadow Gold Dairies, Inc. 383.23 36709 Metalmart, Inc. 9,620.60 36710 Miscellaneous Payables 25.00 36711 Miscellaneous Payables 18.00 36712 Monticello City 50.00 36713 Monticello Home & Auto Supply 49.58 36714 Monticello Justice Court 530.00 36715 Monticalle Mercantile 8.99 36716 Motor Parts 26.28 36717 Mountain West Truck Center 193.63 36718 Navajo Nation 197.60 36719 Navajo Tribal Utly Authority 16.69 36720 Nicholas & Company 1,532.78 36721 Office Depot 475.47 36722 Pacific Plumbing Specialties 105.11 36723 Page Brake Warehouse 837.39 36724 Perkins, Chad 80.00 36725 Perkins, Kylor 140.00 36726 Precis Communications 38.45 36727 Profaizer, Sterling 70.00 36728 Professional Garage Door Co. 147.75 36729 Professional Service Ind. 803.60 36730 Questar Gas 1,034.35 36731 Quill corporation 290.04 36732 Redd's True Value 54.98 36733 Reilly, Rose 157.00 36734 Rocky Mountain Ambulance 57.25 36735 Rocky Mountain Power 409.45 36736 Ross Products, Inc. 61.14 36737 Sagebrush Corp. 495.00 36738 San Juan Clinic 371.80 36739 San Juan County 3,613.23 36740 San Juan Record 393.50 36741 Schultz, William L. 52.78 36742 Scott Machinery Company 135.21 36241 SHELL 87.57 36242 Southwest Diesel Specialists 86.40 36243 Standard Batteries of SLC Inc. 746.95 36244 Sysco Intermountain Food Svc. 959.34 36245 Tiger Direct 37.98 36246 TNT Office Source 404.50 36247 TR Electric & Supply Company 100.88 36248 Travel Industry Association 4,445.00 36249 Underground Services 1,247.11 36250 UniFirst Corp. 153.79 36753 UPS 26.79 36754 Utah Association of Counties 4,166.91 36755 Utah Communications, Inc. 336.25 36756 Utah Hotel & Lodging Assoc. 150.00 36757 Utah State Historical Society 25.00 36758 Utah's Canyonlands 4,500.00 36759 Verizon Wireless 923.22 36760 WalMart Community 31.12 36761 Wheeler Machinery Company 136.44 36762 Williams, Thelda 1,120.00 36763 Wojcik, Tyler 60.00 36764 Yazzie, Danny 560.00 36765 Yazzie, Karen 560.00 36766 Young, Dayna 252.95 36767 Gallegos, David 35.00 36768 Gempler's 3,376.59 36769 Genevieve Mark 560.00 36770 Globalstar USA 103.60 36771 Grand County Justice Court 252.00 36772 Harris, Michale T. 37.00 36773 Blue Mountain Foods 77.17 36774 Blue Mountain Meats, Inc. 930.00 36775 Utah Association of Counties 10,689.00 36776 Utah's Canyonlands 3,958.21 36777 Blue Mountain Meats, Inc. 11.31 36778 Utah Association of Counties 400.00 36779 Utah's Canyonlans 1,615.00 ______________________________ ________________________________ Bruce B. Adams, Commission Chair Dianne F. Neuss, SJC Deputy Clerk