SAN JUAN COUNTY COMMISSION MEETING March 12, 2007 The regular meeting of the San Juan County Commission was held on March 12, 2007 at 9:00 A.M. in the Commission Room at Monticello, Utah Present: Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Norman Johnson, SJC Clerk/Auditor Dianne F. Neuss, SJC Deputy Clerk Absent: Bruce Adams, Chairman Rick Bailey, SJC Administrator Attendees: Cleal Bradford Cyndi Eldredge Bob Bushart Paul Barr Krisanne Bender Evan Lowry Nick Sandberg David Bronson L. Schalk Howard Randall Veronica Egan Andrew Tso Commissioner Lynn Stevens made a motion to approve the minutes of March 5th provided Commissioner Adams has no changes or corrections. Commissioner Kenneth Maryboy seconded the motion and declared the motion carried by unanimous vote. Cleal Bradford - Hole in the Rock Foundation Cleal Bradford was asked by Commissioner Adams to come to today's Commission meeting to discuss an issue that arose at last week's Commissioner meeting related to his presentation at a September 2006 Commission Meeting. The subject in question is the plan for the Hole in the Rock Trail from San Juan Hill to Bluff. Mr. Bradford distributed copies of letters and maps pertaining to the historic trail. The Hole in the Rock Foundation's recommendations in September included signing the trail from the area North of San Juan Hill through the Butler Wash Crossing and on into Bluff. At that time, he asked for the County's support of the Foundation's recommendations. He has also been in contact with the BLM in Monticello and, although some preliminary investigation has taken place, no official proposal has been submitted to the BLM. He feels that there should be no motorized use on the San Juan Hill Trail but recommended marking the trail and allowing public access on parts of the trail which would provide a better understanding of the extraordinary accomplishments by Bluff's founding fathers. Evan Lowry, SJC Planner, sent a letter dated February 1, 2007, to Sandy Meyer, Manager of the BLM in Monticello, at the request of the Commission, in support of the Foundation's recommendation to mark and preserve the trail and he also indicated the need to develop a management plan for the trail. So far, there have been four GPS points identified on the trail. Evan talked with Nancy Shearin, BLM Archeologist, and she showed him the four GPS points identified on the trail from San Juan Hill to Bluff. He also discussed signs for the trail and archeology in the area. In his letter, Evan also stressed the importance of the BLM taking the lead in a cooperative effort to preserve, interpret and mark this historic route to prevent inappropriate use. Nancy is very interested and willing to work on management of the trail but has a very heavy work load right now. The Commission agreed that the County is not in favor of allowing motorized vehicles of any kind on the historic San Juan Hill Trail. Mr. Bushart, a Bluff resident, asked Cleal about the discussion regarding restroom facilities and public campsites in the area. Cleal said that this is a separate issue because this plan is for privately owned land near the transfer station. He also asked about the Foundation acquiring an additional 80 acres in the area. Cleal said the plan is to lease the 80 acres from the BLM for public campsites. Cleal took the opportunity to distribute an update on the Four Corners Heritage Councils' efforts in developing the Cultural Resource Plan for the San Juan County. Cleal said that some of their efforts have been successful and others have not but they are looking forward to continuing to work with the County to develop comprehensive approaches to improved cultural resource management. The Commission will review the information provided and will address the subject again at a later time. Paul Barr. - SJC Treasurer Paul presented a request to the Commission to approve the abatement of a portion of the 2006 property tax for Citizens Telecom Company. He received an Order of Approval to abate the taxes from the Utah Tax Commission. The total amount to be abated is $29,594.46 (including penalties and interest). Commissioner Lynn Stevens made a motion to approve the abatement of the 2006 property tax in the amount of $29,594.46 for Citizens Telecom Company. Commissioner Kenneth Maryboy seconded the motion and declared the motion carried by unanimous vote. Evan Lowry - SJC Planning Office Evan said that the Moab Office of the BLM asked that the County look at the Kane Creek Road, along with them, to see what improvements need to be made. Members of the Moab BLM office met with Jeep Safari representatives and discussed the damage and repair of the road at Kane Creek. Lynn Laws also met with the BLM and agreed to repair some of the road damage. The County recently sent a letter to the State in support of the work that needs to be done related to recreation use in the Kane Creek Area. Commissioner Maryboy said that he received an E-mail from Parks and Recreation Service advising that an air race is planned in Monument Valley on May 12, 2007. They anticipate participation by about 2000 people. Apparently, the race is very popular and has been held in Europe. They are asking for vendors to participate and for the County to be a part of the event. Commissioner Stevens will contact the State Office of Tourism to find out what they know about the event. Commissioner Maryboy said the event is sponsored by Red Bull Energy Drink Company. Charles De Lorme will also be informed about the event upon his return. Cyndi Eldredge - SJC Human Resources Cyndi reported that she received a scholarship in the amount of $1,000 to attend the 28th Annual Risk Management Conference in Boston. The conference will be held from June 9th through the 16th. Cyndi did not have the total cost as yet, but requested Commission approval for the Out-of- State trip. Commissioner Lynn Stevens made a motion to approve the out-of-state travel request for Cyndi to attend the 28th Annual Risk Management Conference in June. Commissioner Kenneth Maryboy seconded the motion and declared to motion carried by unanimous vote. Cyndi presented a request from Sheriff Lacy to correct an error made in Jaren Adams' promotional raise. He should have been promoted to a Step 185 in January 2007, but instead he was promoted to a Step 180 in error. Commissioner Lynn Stevens made a motion to approve the recommended correction in Mr. Adams' promotional raise retroactive to January 1, 2007. Commissioner Kenneth Maryboy seconded the motion and declared the motion carried by unanimous vote. Commissioner Stevens presented four building permits for approval and signature. He noted that Rick Myers approved the permits and will come in today to sign them. Karl & Paula Knapp - 8420 S South Hwy 191, Monticello - Residence Robert Bailey - 8420 South Hwy 191, Monticello - Residence and Garage Brad Harper - Hwy 46 & Tobe Day, Old La Sal - Manufactured Home Jackie Warren - South Hwy 191 - Bluff - Greenhouse - Attached to Home Commissioner Lynn Stevens made a motion to approve the building permits provided all appropriate signatures are placed. Commissioner Kenneth Maryboy seconded the motion. Commissioner Maryboy declared the motion carried by unanimous vote. Monty Perkins - SJC Maintenance Supervisor Monty presented three bids to furnish and install two outdoor Condensing Units for the Blanding Library including recovery of refrigerant and disposal of the old unit. Nelson's heating and Refrigeration, Inc., of Moab, came in with the low bid at $11,000 and Monty recommended going with Nelson's because of their low bid and their reputation. Commissioner Lynn Stevens made a motion to approve the purchase and installation of two outdoor Condensing Units from Nelson's Heating and Refrigeration, Inc., the low bidder, for the Blanding Library. Commissioner Kenneth Maryboy seconded the motion and declared the motion carried by unanimous vote. Norman Johnson - SJC Clerk/Auditor Norman presented an upgrade in the Beer License for The Line Camp to a Class A license allowing the establishment to sell beer to customers. The increased fee has been paid. Commissioner Lynn Stevens made a motion to approve the upgrade in the Beer License to a Class A license for The Line Camp. Commissioner Kenneth Maryboy seconded the motion. Commissioner Maryboy declared the motion carried by unanimous vote. Norman presented a document related to the allocation of the Social Service Block Grant which the County receives yearly. He noted that it continues to be reduced every year. The Grant this year is in the amount of $59,668.08, down $120 from last year. To accept the grant a disclosure statement needs to be signed by the Commission assuring that there is no conflict of interest. Commissioner Lynn Stevens made a motion to accept the grant and sign the required documents. Commissioner Kenneth Maryboy seconded the motion. Commissioner Maryboy declared the motion carried by unanimous vote. Norman presented Resolution # 2007-3, written and submitted by Rick Bailey, verifying that San Juan County will not impose a sales tax for botanical, cultural, recreational and zoological organizations or facilities. The City of Blanding requires this assurance from the County in the form of a Resolution to allow them to impose the tax if approved. The State requires that a municipality can only collect this sales tax if the County is not collecting it. This will clear the way for municipalities in the County to impose tax if they choose. San Juan County RESOLUTION 2007-03 A RESOLUTION VERIFYING COUNTY IS NOT SEEKING TO IMPOSE A COUNTY OPTION FUNDING FOR BOTANICAL, CULTURAL, RECREATIONAL, AND ZOOLOGICAL ORGANIZATION OR FACILITIES. WHEREAS, the City of Blanding has submitted to the San Juan County legislative body notice of its intent to submit an opinion question to the residents of the City of Blanding regarding the City's intent to impose a City Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities sales tax at their municipal general election in November 2007; and WHEREAS, State Code requires a response from the County in order for the City of Blanding to proceed with said opinion process; and WHEREAS, the County does not intend to impose a County Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities sales tax. NOW THEREFORE, it is hereby resolved by the San Juan County Commission as follows: 1) San Juan County does hereby affirm and state that the county legislative body is not seeking to impose a tax under Part 7, County Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities. PASSED, ADOPTED and APPROVED this 12th day of March, 2007 Signed ___________________________ Kenneth Maryboy – Vice-Chairman San Juan County Commission ATTEST: __________________________________ Norman L. Johnson, County Clerk-Auditor Commissioner Lynn Stevens made a motion to approve the Vice Chair, Kenneth Maryboy, to sign Resolution #2007-3. Commissioner Kenneth Maryboy seconded the motion and declared the motion carried by unanimous vote. Open Time and Other Business Veronica Egan, Executive Director of the "Great Old Broads for Wilderness" organization, introduced herself to the Commission. She said that her organization has been involved in Arch Canyon for years and has done some work in that area (mending fences) as well as in other areas of the County. She also said that she is interested in the area personally because she owns property in Bluff. She had two questions for the Commission. 1. She asked about the Lime Ridge Trail that was mistakenly bladed by the County, and wanted to know if the County intends to repair the trail which is not available for motorized use. 2. She also asked about an informal group that has been holding meetings regarding the County- wide Loop Trail System. She said she understands that the meetings are held by Spear and that the County, Forest Service, BLM and Utah State University are involved in mapping this loop system previously named the Canyon Rim Trail. She would like to be informed of when the meetings are taking place and would like to attend the meetings. Commissioner Stevens agreed that if the Lime Ridge Trail was bladed in error that the County should repair it. He also said that neither he nor the other Commissioner's have attended any of the meetings regarding the Loop System but, before any firm roadway is established, there would probably have to be public process. The Commission thanked Ms. Egan for the efforts made by her group to improve public lands. County Clerk, Norman Johnson, took her card and will contact her with answers to her questions. Krisanne Bender, representing Canyon County Heritage Association, wanted to go on record that she also would like to be included in the meetings regarding the Loop System. She also discussed the map that was displayed at a meeting that she attended three weeks ago with Evan Lowry and Charles DeLorme. She asked for a copy of the map. Commissioner Maryboy stated that this issue was discussed at the last Commission Meeting and that he understood that the map is incomplete and therefore is unavailable to the public. It was noted that the map was produced by the Spear Organization. Krisanne said that Evan Lowry has a copy of the map and she requested a copy of the map. It was decided that Evan Lowry and a representative from Spear will be asked to respond to these questions at next week's Commission Meeting. Ms. Bender also wanted to know more about the grant received by the County for $37,000 for the Indian Creek Area to construct a trail and place cattle guards. Andrew Tso, Assistant to Navajo Nation President, introduced himself and thanked the Commission and County for all the work they have done to help improve the roads in the Montezuma Creek area, especially on the bus routes. Mr. Tso and the Commission discussed funding for roads. Commissioner Stevens said that Representative Matheson is trying to obtain additional funds for three roads and a bridge on the Reservation. Commissioner Maryboy has been working with Rick Bailey toward getting assistance from the BIA and continues to try and better the relationship with residents of Mexican Water in Arizona. Commissioner Stevens requested the Utah Delegation in Washington, D.C. to help influence and energize the BIA to help fund these projects. Mr. Tso expressed his concern for the Westwater Community. The Navajo Nation purchased the land (120 acres) in 1983 which is located across from The Edge of the Cedars. The Navajo residents, who reside there, live in extremely poor conditions with no electricity or water. The Navajo Revitalization Fund cannot be used for Westwater because the land is not on the Reservation and since the area is outside of the Blanding City limits, city utilities are not available. Commissioner Stevens said that even if there was a way to underwrite getting utilities into the area, the people there could not afford the ongoing monthly cost of the utilities. It was noted that property taxes have been less than $150 per year and have not changed since 1983. If the property were reassessed today, property tax would amount to approximately $10,000 which could be helpful in providing better infrastructure in the area. Commissioner Stevens said that there is a group that meets every month in Blanding to address homeless issues and that this subject has come up, but there are no easy solutions to the problems. It was noted that a representative of the Utah Navajo Commission attends the homelessness meetings. Commissioner Maryboy said that he would like to get the Navajo Nation Department of Justice and Land Department to look at this problem as well, to see if they can be of help. Mr. Tso also discussed the need for cross deputizing navajo law enforcement officers. He said that this would improve their ability to respond. Commissioner Maryboy supports this effort and a meeting will be arranged with the Sheriff. It was noted that when a non-Native American is stopped on the Reservation for an unlawful act, the Navajo Police will not give them a citation. It was determined that the SJC Sheriff's Department should be called. The Commission expressed their appreciation for Mr. Tso visit to discuss his concerns. David Bronson, SJC Surveyor, asked that a Resolution be drafted concerning the use of the Public Land Preservation Funds. He said that the BLM provides the money ($36,000) to the County and it is designated to be used only for costs associated with survey corners in the County including recording fees and plats. The money is presently going into the County General Fund. The Resolution would designate the money for this specific use. David said it is apart from his yearly budget. The Commissioner will request Walter Bird, Assistant Co. Attorney, to write a Resolution addressing this issue. Commissioner Lynn Stevens made a motion to request that a Resolution be drafted as requested. Commissioner Kenneth Maryboy seconded the motion. Commissioner Kenneth Maryboy declared the motion carried by unanimous vote. Commissioner's Reports Commissioner Maryboy is on his way to Las Vegas today to discuss gaming on the Navajo Reservation. The Economic Development Committee at Red Mesa is pursuing a Class 2 gaming license to allow them to hold Bingo on the Reservation. The Class 2 gaming license is the only license that Utah law allows. A Class 3 license, which would allow gaming casinos, is being sought for the Arizona and New Mexico portions of the Reservation. Commissioner Maryboy said that the Chapter is also investigating putting in wells and going back into farming the land. The Mexican Water Planning Meeting was held yesterday and there will be a Red Mesa Meeting tonight. Commissioner Maryboy discussed obtaining a digital camera to take photos of road problems and report quarterly on the findings. He also noted that the County vehicle he is using needs to be replaced and is hoping that it will last a couple of more months when another vehicle will be available. Commissioner Stevens attended the National Association of Counties meetings, in Washington, DC, last week. He said that the members of the Utah Delegation were very productive and that they seemed to be positive regarding Indian affairs. He also met with Representative Matheson regarding funding for roads and bridges on the reservation. He will attend the Navajo Trust Fund Meeting on Friday. 10:45 a.m. - Commissioner Stevens made a motion to adjourn the meeting. Commissioner Kenneth Maryboy seconded the motion. Commissioner Maryboy declared the motion carried by unanimous vote. Check # Payee Amount 37301 Abbott, Penny C. 184.50 36302 Alvarado, Monica 28.00 36303 Ammunition 2,172.50 35304 Avien Media 729.00 35305 Bellison, Howard 560.00 35306 Bennett Management Serv. LLC 778.75 36307 Black's Auto Body 130.00 36308 Blanding City 1,442.13 36309 Blue Mountain Foods 59.51 36310 Blue Mountain Meats, Inc. 717.69 36311 Blue Mountain Panorama 338.07 36312 Bob Barker Company, Inc. 9.11 36313 BW Garden Inn 136.00 36314 C.A. Short co. 47.73 36315 Carhart Feed & seed, Inc. 2.75 35316 Caselle, Inc. 291.00 35317 Chevron & Texaco Card Serv. 473.15 35318 Christensen, Scott 28.00 35319 Cingular Wireless 0.85 35320 Colonial Flag 112.00 35321 Connected Technologies 297.95 35322 ConocoPhillips Fleet 2.99 35323 County Information SystemsCo. 1,500.00 35324 Crittenden, Mike 28.00 35325 Crystal Inn 1,020.00 35326 DeLorme, Charles 222.00 35327 Demco Media 451.21 35328 Dine' Propane 65.00 35329 Dwyer's Communications Inc. 12,571.86 35330 Information Only Check 0.00 35331 Empire Electruc Assoc. Inc. 4,237.95 35332 EVCO House of Hose 154.78 35333 Four Corners Welding & Gas 255.23 35334 Four States Tire Svs. 15.00 35335 Frontier 1,680.13 35336 Galasource, Inc. 1,975.66 35337 Gallegos, David 87.00 35338 Globalstar USA 103.62 35339 Grand County Clerk 3,101.51 35340 Grand Valley Foods 132.54 35341 Gritton & Associates 176.18 35342 Harris, Michale T. 18.50 35343 Hickman, Kristina 199.00 35344 Hilton Garden Inn - Layton 297.00 35345 Ingram Library Services 560.00 35346 Intermountain Drug Testing 180.00 35347 Intouch Paging 32.00 35348 Jones, Leonard K. 40.00 35349 Joyce Guymon Smith 64.75 35350 K & C Store/Kokopelli Inn 37.12 35351 K-D Flags 127.42 35352 L.N. Curtis & Sons 402.09 35353 La Sal Store 27.63 35354 Langston, Paul 28.00 35355 LaQuinta Inn & Suites 75.00 35356 Legal Eagle 31.80 35357 McDonald, Ron 94.98 35358 Meadow Gold Dairies, Inc. 265.25 35359 Medtronic Physio-Control Corp. 594.27 35360 Mendenhall Equipment Company 133.85 35361 Meyer, Shurrell 84.50 35362 Mid American Specialities 334.94 35363 Miscellaneous Payables 50.00 35364 Miscellaneous Payables 75.00 35365 Miscellaneous Payables 260.00 35366 Miscellaneous Payables 35.00 35367 Monsen Engineering Co. 2,954.50 35368 Monticello Chamber of Commerce 100.00 35369 Monticello City 1,276.06 35370 Monticello Home and Auto Repair 51.90 35371 Monticello Mercantile 31.84 35372 Mueller, Lou 73.50 35373 NADDI, Inc. 149.00 35374 Navajo Mountain Chapter 1,420.00 35375 Navajo Mountain Senior Center 364.85 35376 Nicholas & Company 1,700.85 35377 Office Depot 86.07 35378 Office Depot 535.80 35379 Office Etc. 420.00 35380 Orkin Inc. 147.53 35381 Packard Wholesale co. 79.17 35382 Page Brake Warehouse 431.16 35383 Parker's Inc. Office Products 101.65 35384 Penworthy Company 217.57 35385 Precis Communications 76.90 35386 Professional Garage Door Co. 750.00 35387 Questar Gas 4,796.99 35388 Quill Corp. 141.75 35389 Qwest 49.87 35390 Randolph, Raula 28.00 35391 Information Only Check 0.00 35392 Red Mesa Trading co. 505.52 35393 Redd, Grayson 18.50 35394 Information Only Check 0.00 35395 Redd's True Value 649.48 35396 Regence BlueCross Blue Shield 20,503.77 35397 Rocky Mountain Power 156.46 35398 Rocky Mountain Home Care 5,465.19 35399 Rogers, Les 35.58 35400 San Juan Building Supply, Inc. 140.33 35401 San Juan Health Care Services 288.25 35402 San Juan Record 226.14 35403 Scott Machinery Company 807.13 35404 Semi Service Inc. 5,555.00 35405 SHELL 69.50 35406 Sherwin-Williams 279.08 35407 SJC Landfill Operations 9.46 35408 Sports Promotion Network 362.45 35409 Staples Credit Plan 226.63 35410 Super 8 Price 83.16 35411 Sysco Intermountain Food Svc. 322.04 35412 Tate, Laverne 71.58 35413 Taylor, Susan 1,454.74 35414 U.S. Bank Corp. Payment 4,806.86 35415 UniFirst Corp. 137.14 35416 Ut Council on Victims of Crime 95.00 35417 Utah Assoc. of County Recorders 50.00 35418 Utah Assoc. of Counties 620.14 35419 Utah Bureau of Criminal Ident. 50.00 35420 Utah Department of Workforce Svc. 670.26 35421 Utah Judicial Institute 65.00 35422 Utah League of Cities & Towns 960.00 35423 Utah State Treasurer 14,096.61 35424 Verizon Wireless 35.79 35425 W.S. Darely & Co. 20,924.64 35426 WF Communications 189.00 35427 Wheeler Machinery Co. 1,870.77 35428 Yazzie, Danny 560.00 35429 Young, Amber 236.00 35430 Blue Mountain Meats, Inc. 351.56 35431 Grand Valley Foods 906.37 35432 Nicholas & Company 522.52 35433 Quill Corporation 490.57 35434 Miscellaneous Payables 8.00 ______________________________ _____________________________ Bruce B. Adams, Commission Chair Dianne F. Neuss, SJC Deputy Clerk