SAN JUAN COUNTY COMMISSION MEETING June 4, 2007 The regular meeting of the San Juan County Commission was held on June 4, 2007 at 9:00 A.M. in the Commission Room at Monticello, Utah Present: Bruce Adams, Commission Chair Kenneth Maryboy, Commission Vice Chair Lynn Stevens, Commissioner Tammy Gallegos, SJC Administrative Assistant Dianne F. Neuss, SJC Deputy Clerk Attendees: Ron Greer Evan Lowry Bob Bushart Walter Bird Krisanne Bender Greg Martin Commissioner Lynn Stevens made a motion to approve the minutes of May 21, 2007. Commissioner Bruce Adams seconded the motion and declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Commissioner Kenneth Maryboy made a motion to approve the minutes of May 29, 2007 with corrections noted. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Evan Lowry - SJC Planning Office Evan presented a letter for Commission approval and signature to Mr. Nick Sandberg, Acting Field Manager for the BLM in Monticello. The letter requests approval from the BLM to allow Commnet Wireless to install a temporary communications site at the Mexican Hat, Utah water tank providing immediate wireless communication thus enhancing public safety. Evan provided a copy of a letter to Maxine Deeter, BLM Reality Specialist, written by Mike Hansen, Vice President of Commnet Wireless, detailing the installation plans and requesting approval based San Juan County Commission approval. Commissioner Lynn Stevens made a motion to approve the letter to Nick Sandberg regarding Commnet's installation of equipment to provide wireless communication at the site noted in Mexican Hat. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Evan reported that the San Juan County Heritage Festival, sponsored by the Monticello Chamber of Commerce, was not as well attended as was hoped for due to other events that were taking place on the same day. Evan said that Ben Nielson did a great job organizing festival events and programs. Since this was the first year for the festival, it is expected that it will become a continuing success in the future. Walter Bird, Assistant Attorney - SJC Human Resources Walter requested approval to hire Jackie Palmer for the Monticello Senior Center Aide position. This is a part time position, Grade 1, Step 1. Two other individuals were interviewed for the position Jackie was highly recommended for the position. Water noted that, since Jackie is Cyndi Eldredge's sister-in-law, Cyndi did not participate in the hiring process. Commissioner Lynn Stevens made a motion to approve hiring Jackie Palmer for the part time Monticello Senior Center Aide position. Commissioner Bruce Adams seconded the motion and declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Walter forwarded a letter to the Commission last week concerning Steve Meehan's request to appeal his dismissal from his position with the County. The Commission will hear the appeal next Monday at 11:00 a.m. following the Commission Meeting. This will be a closed session. Ron Greer - Cedar Point, LLC Ron Greer, an employee of Cedar Point, LLC, an organic farm, requested assistance from the Commission with a problem with excessive dust caused by trucks driving on County Road #342. Ron reported that David Cresler, the owner of the construction company running the trucks, said that the project will continue through the summer and into the fall. Rolfe Schwenninger, Manager of Cedar Point, LLC, was unable to attend today's meeting but contacted Lynn Laws, SJC Road Superintendent, regarding the problem and Lynn sent Jack Randolph to the site to assess the problem. Ron said that the dust is causing extreme allergy problems for him and others and they are requesting an immediate remedy for the problem. They are requesting that the County coat the road with magnesium chloride and they are willing to share in the cost. Commissioner Adams expressed the Commission's concern for the problem but is also hesitant about the use of chemicals on the road which may result in invalidating the organic crops. If this were to occur, the County may be held liable. The Commission met with Lynn Laws and he suggested an alternate remedy may be to use calcium chloride which is considerably less expensive than magnesium chloride. Commissioner Adams stated that, although the County is not legally bound to do anything, a joint venture may be considered with the construction company and/or with his company. If the decision is made to utilize a chemical, a legal document would be required which would relieve the County of any liability. Lynn Laws said that his department would be willing to apply a chemical to the road but the cost of the chemical would be the responsibility of the construction company and/or Cedar Point. Commissioner Adams recommended that Mr. Schwenninger, Mr. Cresler and Mr. Laws get together and discuss a solution. It was also recommended that the State be contacted regarding the use of chemicals near organic crops. It was suggested that perhaps the most inexpensive solution is for the construction company to provide a water truck on site to spray water on the road a couple of times a day. Even though it may not be as effective, it would not invalidate the organic crop. Norman Johnson - SJC Clerk/Auditor Norman was unable to attend today's meeting but provided a memorandum to the Commission providing details of the 2007 Tax Rates along with last year's rate and revenue collected. The final adoption of the 2007 Tax Rates will be addressed at the June 18th Commission Meeting. The Commission will review the details provided. Tammy Gallegos - SJC Administrative Assistant Tammy presented two requests for reimbursement from USDA Rural Development for two grants in the amount of $100,000 each. One is for the Sheriff's office vehicles and the other is for a Heavy Rescue Hazmat Truck. Commissioner Lynn Stevens made a motion to approve the request for reimbursement to transfer the grant funds to the County. Commissioner Adams seconded the motion and declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Lynn Laws submitted a request for the procurement of a Tire Changer for the Road Department. He received three bids with the low bid from Myers Tire Supply in the amount of $4,268.70. Commissioner Lynn Stevens made a motion to approve the request to purchase the Tire Changer from Myers Tire Supply in the amount of $4,268.70. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Bruce Bunker - SJC Building Inspector Bruce requested approval and signature for a building permit for: Randall Pemberton - 1667 South 1100 East, Blanding - Residence Commissioner Lynn Stevens made a motion to approve the building permit for Mr. Pemberton provided all appropriate signatures are received. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Bruce presented a revised Plat for the Old School House Subdivision, Phase I, for re-approval and signature. The Plat was previously approved by the Commission but due to minor issues it was not signed. A new Plat was submitted for approval and signature. Commissioner Lynn Stevens made a motion to re-approve and sign the Plat for the Old School House Subdivision, Phase I.. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Open Time and Other Business Commission Chair, Bruce Adams, announced that monthly meetings with the Commission and SJC Department Heads and Elected Officials will be instituted. The meetings will be held on the second Monday of the month at 8 a.m. before the Commission Meeting. Contact Susan in the Commission Office if you would like to add a topic to the agenda. Commissioner's Reports Commissioner Stevens received an invitation to the opening of the marina at Antelope Point on Thursday. The Commissioner's are all invited to attend. Commissioner Lynn Stevens plans to be away for a few days this week. Commissioner Maryboy attended a meeting with the Navajo Utah Commission and the Water Rights Attorney in Window Rock and they are still negotiating with the State of Utah regarding the proposed allocation of 175,000 acre feet of water based on a settlement made with New Mexico. Commissioner Maryboy objects to the allocation because the community has grown and continues to grow and he does not feel that the State should dictate the amount of water the Navajo Nation uses. Apparently water studies have been done but the results are unknown. He said that any decisions will be postponed for a couple of months until more information is obtained. Commissioner Maryboy attended a meeting in Albuquerque, N.M. where he met with Bill Richardson regarding road funding. He will be traveling to San Carlos, Globe AZ along with Seniors from Aneth, Red Mesa, Mexican Water and Bluff to meet with members of the Apache Tribe for cultural exchange. He will attend the Navajo Revitalization Fund Board meeting today and a planning meeting with the Red Mesa Chapter. He will also meet with Raytheon in Farmington, NM on Wednesday regarding a new product for the army. Commissioner Stevens noted that water law is the most complicated of natural resource laws and that documentation of the results of water studies are repetitious and not readily available. He said that more effort should be spent on finding out what studies have already been completed. Commissioner Bruce Adams attended the UCIP Board Meeting last Thursday and Friday. He noted a meeting will be held regarding alternative energy sources (SUREC)at the Edge of the Cedars at 6:30 tomorrow evening. Commissioner Adams said that they have derived some data from the anemometers in the County but he needs to contact Wasatch Wind for their interpretation of the data. He will try and have the date available for tomorrow evening's meeting. Although he will be out of town tomorrow, he will be in the County the remainder of the week. Commissioner Lynn Stevens made a motion to adjourn the meeting at 10:11 a.m. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Check # Payee Amount 38769 Advanced Auto LLC 170.35 38770 Advanced Microsystems, Inc. 170.00 38771 Aflac 237.90 38772 AFSCME 56.80 38773 Alan's Body Shop 474.00 38774 Ammunication 169.50 38775 Aneth Senior Citizens Center 662.00 38776 Bailey, Heidi 1,163.75 38777 Barnes distribution 237.45 38778 BCL Distributing Co. 5,022.80 38779 Begay, Avis 560.00 38780 Bellison, Howard 560.00 38781 Benally, Debbie 18.00 38782 Billie, Lorna M. 560.00 38783 Bitsinnie, Irene 560.00 38784 Black, Kenneth 74.00 38785 Blackwater, Virginia 560.00 38786 Blanding city 87.00 38787 Information Only Check 0.00 38788 Blue Mountain Foods 269.76 38789 Blue Mountain Meats, Inc. 963.08 38790 Bound Tree Medical, LCC 199.50 38791 Brasier Asphalt, Inc. 46,046.92 38792 Burns, Frederick 560.00 38793 BW Cottontree Inn 272.00 38794 Canchola, Bernice 560.00 38795 Carr Printing 93.22 38796 Cate Equipment 103.71 38797 Chavira, Tony 406.25 38798 Chee, Herman 697.50 38799 Chee, Marcella 182.50 38800 Chief, Rita 560.00 38801 Child Support Services 1,788.27 38802 Cingular Wireless 1.13 38803 Clark Security Prod. Inc. 162.92 38804 Colonial Supplemental Ins. 1,191.95 38805 Comb Ridge Coffee 70.00 38806 Connected Technologies 3,149.55 38807 Conseco Health Insurance Co. 1,397.40 38808 Cortez Diesel Sales, Inc. 307.01 38809 Cortez Glass Co., Inc. 175.88 38810 Craig C. Halls 490.83 38811 Crystal Inn 68.00 38812 Crystal Inn St. George 390.00 38813 Demco Media 36.21 38814 DESSCO 75.83 38815 DK AG & Auto 225.14 38816 Double D Bolt 224.75 38817 Duckwall - Alco Stores, Inc. 51.99 38818 Dwyer's Communications Inc. 119.98 38819 Earl Hindley 1,505.02 38820 Information Only Check 0.00 38821 Empire electric Assoc. Inc. 3,161.49 38822 Equitable Equi Vest 2,782.50 38823 EVCO House of Hose 113.16 38824 Factory Parts Express 53.88 38825 Felsted, Dustin 400.00 38826 Fisher, Mahana M.D. 1,000.00 38827 Follett Software Comapny 495.00 38828 Four Corners Welding & Gas 130.24 38829 Four States tire & Service 1,048.53 38830 Francom, Michael J. 690.00 38831 Franlin Covey, Inc. 36.21 38832 Information Only Check 0.00 38833 Frontier 4,213.92 38834 G & G Metal Fabrication, Inc. 35,149.00 38835 Gale Group 88.33 38836 Garrett Holliday 560.00 38837 Genevieve Mark 680.00 38838 Grand Valley Foods 310.02 38839 Greyeyes, Ella 560.00 38840 Hall, Doug 1,502.00 38841 Hawkins, Kent 1,056.25 38842 Hendry, Russ 985.00 38843 Hideout Golf Course 36.00 38844 Hinckley Dodge, Inc. 14.67 38845 Holiday, Henry 560.00 38846 Holiday, Amos 282.50 38847 Home Depot Credit Services 672.81 38848 Howell, Levi 1,600.50 38849 Ingram Library Services 283.23 38850 J.C. Hunt Co., Inc. 1,456.24 38851 Jacco distributing Co. 104.50 38852 Jacobson, Brett 378.75 38853 Javelina Trading Co. 378.75 38854 JCI Billing Services 820.00 38855 Jerry Seiner 25.61 38856 Johnson, Joann 560.00 38857 Kayenta Fire Dept., 10,303.75 38858 King, Edith A. 560.00 38859 King, Nathan 560.00 38860 Kirby,Brian 982.50 38861 Korene Blackwater 1,260.00 38862 Kris Bell 393.35 38863 KUER, FM 90 5,000.00 38864 LaQuinta Inn & Suites 82.00 38865 Larry H. Miller Chevrolet 6.60 38866 Larry H. Miller Ford Truckland 692.42 38867 Lee, Alvin 560.00 38868 Lee, Brian 560.00 38869 Lehi, Elroy 560.00 38870 Les Olsen Company 330.00 38871 Library Stroe, Inc. 112.16 38872 Linda Smith 560.00 38873 Magic Chemical Co. 315.75 38874 Mass Group. Inc. 98.94 38875 Meadow Gold Dairies, Inc. 636.50 38876 Med-Tech Resource, Inc. 448.75 38877 MHL Systems 1,906.65 38878 Miscellaneous Payables 5.00 38879 Momar 361.22 38880 Monticello City 286.32 38881 Monticello Mercantile 251.65 38882 Motor Parts 36.69 38883 Mountain West Truck Center 475.82 38884 Mueller, Lou 152.15 38885 Mullaly, Sarah 18.00 38886 Munro Supply, Inc. 12.00 38887 Nakai, Mary Rose 18.00 38888 National Benefit Services LLC 3,234.18 38889 Nationwide Retirement Solution 107.62 38890 Navajo Nation EMS 3,662.75 38891 Navajo Tribal Utly Authority 16.69 38892 Nelson's Heating and Refrig. Inc. 534.34 38893 Nez, Mary 560.00 38894 Void - Nicholas & Co. 0.00 38895 Nielson, Jonathan 400.00 38896 Nor Kem Distributor 209.09 38897 Office Depot 201.92 38898 Page Brake Warehouse 769.12 38899 Palmer, Josh 350.00 38900 Palmer, Quinn 350.00 38901 PEHP 2,099.66 38902 Pipkin, Brad 1,368.75 38903 Pipkin, Fritz, Jr. 406.25 38904 Precis Communications 40.37 38905 Professional Collections, Inc. 737.81 38906 Provident Life & Accident Ins. 165.50 38907 Quill Corp. 352.79 38908 Redd's True Value 68.01 38909 Rocky Mountain Power 146.23 38910 Salume, Rick 242.15 38911 Information Only Check 0.00 38912 San Juan County 9,938.12 38913 San Juan Credit Union 430.00 38914 San Juan Health Care Services 108.25 38915 San Juan Pest, Weed & Termite 2,500.00 38916 San Juan Record 249.75 38917 San Juan School District 147.72 38918 Schultz, William L. 2,500.00 38919 Scott Machinery Co. 53.15 38920 SemMaterials L.P. 750.00 38921 SJC Blanding Library 113.59 38922 Slade, Terrill 831.25 38923 Sonderegger, Paul 831.25 38924 Southwest Diesel Specialists 670.87 38925 Spillman, Casey 350.00 38926 Spillman, Corey 675.00 38927 Stanley, Craig 1,044.50 38928 Steve Regan Co. 217.18 38929 Sysco Intermountain Food Svc. 2,645.19 38930 Tesco Williamsen 134.77 38931 Three B Repair 480.00 38932 TigerDirect 1,620.93 38933 Tomhave Group, Inc. 7,078.75 38934 TR Electric & Supply Co. 66.36 38935 UCIP 100.00 38936 Underground Services 484.38 38937 UniFirst Corp. 265.82 38938 Unique Truck Equipment, Inc. 99.89 38939 UPS 21.57 38940 USU 1,892.40 38941 Utah Family Institute 2,365.50 38942 Utah State Retirement Fund 80,347.76 38943 Utah State Tax commission 19,891.83 38944 Valentine, Kevin 261.25 38945 Information Only Check 0.00 38946 Verizon Wireless 2,545.60 38947 Wal-Mart Community 100.20 38948 Wheeler Machinery Co. 1,262.52 38949 Yazzie, Danny 560.00 38950 Yazzie, Dianna 800.00 38951 Zee Medical Co. 46.84 38952 Blue Mountain Meats Inc. 12.00 38953 Duckwall-Alco Stores, Inc. 50.14 38954 Grand Valley Foods 376.89 38955 Void Nicholas & Co. 0.00 38956 Wal-Mart Community 66.07 38957 Nichoas & Co. 732.56 38958 Nicholas & Co. 2,899.06 38959 Blue Mountain Meats, Inc. 13.00 ________________________________ _____________________________ Bruce Adams, SJC Commission Chair Dianne F. Neuss, SJC Deputy Clerk