SAN JUAN COUNTY COMMISSION MEETING April 21, 2008 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Bruce Adams, Chairman Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Tammy Gallegos, SJC Administrative Assistant Norman L. Johnson, SJC Clerk/Auditor Dawn Shaw, SCJ Deputy Clerk Attendees: Marilyn Boynton, Gail Darcey, Frank Darcey, Max Johnson, Annie Walk, Cyndi Eldredge, Bud and Linda Cunningham, Greg Adams, Nelson Yellowman, Shurrell Meyer, Charlie DeLorme, Howard Randall, Bill Boyle, Susan Taylor, Grayson Redd, Alan Freestone A motion to approve the minutes of April 7 and 14, 2008, with corrections to be made by Commissioner Maryboy, was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commissioner Kenneth Maryboy was absent for the vote. Cyndi Eldredge - SJC Personnel Cyndi presented requests to hire Jamin Bradford as the full time Dispatcher for the Sheriff's Office, a Step 63 position and Tyrel Cressler as a full time Laborer for the North Road Department, a Step 33 position. A motion to approve the requests was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commissioner Kenneth Maryboy was absent for the vote. Cyndi reported to the Commissioners that SJC was only one of three Counties in Utah that received 100% compliance on their Risk Management and Workman's Compensation for 2007. Grayson Redd and Alan Freestone - SJC Sheriff's Office Commissioner Stevens reported to Grayson and Alan that there is a lack of enthusiasm from the Lt. Governor's Office about moving State inmates to a County facility. Grayson and Alan echoed this, saying that while SJC is recognized as having a safe jail, no one is willing to commit. There will be continued follow up this week by the Commission and the Sheriff's Office. -1- Shurrell Meyer and Annie Walk - SJC Library Shurrell introduced Annie Walk, the new Monticello Librarian, to the Commissioners and presented a procurement request for a used lamination machine for the Monticello Library from Scrapbooks Etc. in the amount of $750. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Greg Adams - SJC Planning and Zoning Greg presented the Sueno Grande subdivision plot plan for approval and signature. The subdivision is owned by Frank and Gail Darcey and will be twenty, one acre lots. A motion to approve the subdivision, provided all appropriate signatures are in place, was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Charlie DeLorme - SJC Ec. Development Charlie reported to the Commission that the first quarter 2008 transient room tax is up 86% over the first quarter of 2007, which includes the increased tax rate, and that property managers are reporting an increase in people from the Wasatch Front. He also reports that he met with developers from the Monument Valley project and everything is moving forward he has also met with engineers for the Bluff Bridge and they should not encounter any problems and construction could begin in November. Charlie presented a request to have the road department repair two wash out areas en route to the County antenna farm. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Charlie presented a request from Commnet to install a microwave dish on the Bluff Fire Station. There would be no expense or revenue for the County doing this, also the County would not be responsible for any damage to Commnet equipment. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Norman L. Johnson - SJC Clerk Norman presented the list of nine properties for the Tax Sale to be held May 29, 2008. The Commission discussed each and chose to withdraw two properties and place a third under review. -2- Tammy Gallegos - SJC Administrative Assistant Tammy re-presented a draft Dog Control Ordinance for review. There was a discussion about how the ordinance is needed but how would it be enforced. Commissioners tabled the issue until further information becomes available. Tammy presented a resolution providing the position of the San Juan County Commission regarding the future of the Utah Navajo Trust Fund and Trustee(s) for approval and signature. Resolution 2008-03 San Juan County Commission A RESOLUTION PROVIDING THE POSITION OF THE SAN JUAN COUNTY COMMISSION REGARDING THE FUTURE OF THE UTAH NAVAJO TRUST FUND AND TRUSTEE(S) WHEREAS, the State of Utah has given notice that effective June 30, 2008, it will no longer act in the capacity of Trustee for the Utah Navajo Trust Fund and the 37-1/2% royalties for oil and gas production on the Utah portion of the Navajo Nation; and WHEREAS, the Congress of the United States of America will have to, by law, determine who will act in the future as the Trustee of this fund; and WHEREAS, the State of Utah has determined that the State will not recommend a future Trustee; and WHEREAS, the County of San Juan, Utah, also has determined that it will not recommend a future Trustee; and WHEREAS, "[t]here is created a private-purpose fund entitled the Navajo Trust Fund. The fund consists" partially "of revenues received by the state that represent the 37-1/2% of the net oil royalties from the Aneth Extension of the Navajo Reservation required by P.L. 72-403, 47 Stat. 1418, to be paid to the state." Section 63-88-102, et seq., Utah Code Annotated (1953, as amended). WHEREAS, the residents of the Utah portion of the Navajo Nation saw nor realized the benefits for the remaining 62-1/2% of the royalties that were collected by the Navajo Nation; and WHEREAS, the needs for the residents of the Utah portion of the Navajo Nation continue to require significant amount of funds. THEREFORE, BE IT RESOLVED, the official position of the County Commission of San Juan County, Utah, concerning the future Trustee of the 37-1/2% of oil and gas production is as follows: -3- 1. They County Commission will not recommend a future Trustee. 2. That neither the 37-1/2% royalties nor the responsibility of the Trustee be given to the Navajo Nation or any of its divisions, departments, or agencies. 3. That the future Trustee(s) not be a beneficiary of the 37-1/2% royalties. 4. All registered Utah Navajos who reside within the boundries of San Juan County, Utah, be eligible for the health, welfare and educational benefit programs funded by the Trust Fund. 5. That the new Trustee(s) be requested to work closely with the Utah Navajo Chapters and San Juan County, Utah. APPROVED this _____ day of April, 2008, by the San Juan County Commission. THOSE VOTING YES Commissioner Adams Commissioner Maryboy Commissioner Stevens THOSE VOTING NO ______________________________ Bruce B. Adams, Chairman San Juan County Commission ATTEST ________________________________ Norman L. Johnson, Clerk-Auditor San Juan County A motion to approve the resolution was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Tammy presented one building permit for approval and signature. Ben Black - Residence - Hwy. 191, Blanding A motion to approve the building permit, provided all signatures are in place, was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. -4- Open Time and Other Business Bud and Linda Cunningham reported to the Commission that they received a letter from the BLM saying that they wanted to do a controlled burn by their home. The area to be cut and burned is approximately fifty yards from the Cunningham's property line and they are concerned about possible damage to their property. Commissioner Stevens said he would contact the BLM to see what he could do and get back to Mr. and Mrs. Cunningham. The Cunningham's and Max Johnson also expressed concern over road damage being done to County roads out east. The Commission referred them to Lynn Laws, of the SJC Road Department. Commission Reports Commissioner Stevens attended UAC last week and went to Arch Canyon for the Jeep Jamboree over the weekend. Commissioner Stevens indicated that he followed up on the invoices received from the Homeless Committee and would like to hold off on any payments at this time. Commissioner Maryboy attended an NRE meeting. On Monday April 28th with Doctors and Board Members from UNHS. Commissioner Adams also attended UAC last week. He will be going to St. George Tuesday and Wednesday for a Joint Highways meeting but will be in the County the rest of the week. A motion to go into an Executive Session to discuss Personnel Issues was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. A motion to go out of Executive Session was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Adjourn 12:15 P.M. -5-