SAN JUAN COUNTY COMMISSION MEETING June 2, 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 Rick Bailey, SJC Administrator Norman L. Johnson, SJC Clerk/Auditor Dawn Shaw, SCJ Deputy Clerk Attendees: Cyndi Eldredge, Tammy Gallegos, Grayson Redd, Herbert Keams, Dan and LeeAnn Cressler A motion to approve the minutes of May 27, 2008 was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Cyndi Eldredge - SJC Personnel Cyndi presented a request to hire Janet Curly as the part time La Sal Senior Center Aide a Grade 1 Step 1 position. 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. Cyndi presented a request for a change in payroll for John Young from a Step 129 to a Step 149. 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. Tammy Gallegos - SJC Administrative Assistant Tammy presented the 2009 Aging Contract for signature. A motion to approve signature was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Tammy presented a procurement request for a Fire Hydrant at the Monument Valley Fire Station in the amount of $7240 from Redd Mechanical. 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. -1- Norman L. Johnson - SJC Clerk/Auditor Norman presented the 2008-09 Social Security Block Grant (SSBG) Contract in the amount of $59,550.80 for signature. A motion to approve the contract was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Norman presented the Division of Facilities Construction and Management (DFCM) Bookmobile Housing Contract for signature. Norman reported to Commissioners on the tax sale held May 29th, 2008. MAY TAX SALE MINUTES - YEAR 2008 The tax sale, having been properly advertised, was held on May 29, 2008 at 10:00 a.m. in the west lobby of the San Juan County Administration Building, 117 South Main Monticello, Utah. County Clerk/Auditor, Norman L. Johnson conducted the sale. At the appointed time and place, Mr. Johnson announced that all except two properties had been redeemed. The property available for sale was as follows: Parcel # 29S24E103010 Raymond G. Burton Minimum Bid $143.05 C/O Berntson, Dale R. ET UX 2842 S. 900E. Salt Lake City, Utah 84106-0000 Legal: Sec 10 T29S R24E: Beg at a pt which is S 298 ft from the NW Cor Sec 10, th S 100 ft, th E 61 ft, th N 100 ft, th W 61 ft to the POB (.14 AC) Parcel # A0000009004A Key Bank National Association Minimum Bid $1245.91 660 S Pearl Street 1st Floor Albany, NY 12207-0000 Legal: Monticello Townsite Survey, Block 9 Lot 4: Beg at the SE Cor Lot 4, Block 9, Monticello Townsite Survey, th N 84.5 ft, th W 107.25 ft, th S 84.5 ft, th E 107.25 ft to the POB (.21 AC) Seven persons were present prior to the 10:00 a.m. specified sale time. Michael Shumway, Kelly Shumway, Richard Serand, Sarah Serand, Allan Nan Hernarde, Rex Christensen and Stephanie Cecil. Mr. Paul Barr, County Treasurer, was also present during the explanation of process and bidding. It was explained to all present that San Juan County would issue a Tax Deed to the successful bidder which contains no warrantees. It was also stated that the highest bid would be presented to the County Commission on Monday, June 2, 2008, for acceptance or rejection. -2- The High bid on Parcel # 29S24E103010 was by Michael & Kelly Shumway at $ 143.05 The High bid on Parcel # A0000009004A was by Michael & Kelly Shumway at $ 3000.00 Minutes Signed This 29th Day of May, 2008 Norman L. Johnson, Clerk/Auditor Norman recommended to the Commission that the bid on Parcel # 29S24E103010 be rejected and struck off to the County. He also recommends that they hold off on awarding the bid of Parcel # A0000009004A because of ownership conflicts that were not know prior to the sale. A motion to approve both recommendations was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Norman presented a request for a Beer License for the San Juan River Kitchen for approval and signature. A motion to approve the Beer License was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Rick Bailey - SJC Administrator Rick presented one building permit for approval and signature. Cecilia McDermott - Residence - 470 N 300 W, Bluff A motion to approve the building permit, 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. Rick reported that Brandy and Jeff Tomhave are working on a resolution for roads on the Navajo Nation. He presented Commissioners with a draft of the resolution. Rick presented an Amended Resolution for annexing property into the Grand County Special Service Water District. AMENDED RESOLUTION NO. 2008-02 A RESOLUTION OF THE SAN JUAN COUNTY COMMISSION CONSENTING TO THE ANNEXATION OF CERTAIN REAL PROPERTY TO THE GRAND COUNTY SPECIAL SERVICE WATER DISTRICT AND THE GRAND COUNTY WATER CONSERVANCY DISTRICT. WHEREAS, Grand County is the owner of certain real property located in San Juan County, more particularly described in Exhibit "A", attachment hereto and incorporated by reference as it fully set forth; and -3- WHEREAS, Utah Code Annotated 17A-2-1327 allows for the annexation of real property to special service district; and WHEREAS, the Grand County Council finds that it is in the best interest of Grand County, and in furtherance of the health, safety, and welfare of the citizens of both Counties to make that property a part of the Grand County Special Service Water District and the Grand County Water Conservancy District; and WHEREAS, San Juan County consents to the annexation. THEREFORE, THE SAN JUAN COUNTY COMMISSION HEREBY RESOLVES: San Juan County consents to the annexation of the real property more particularly described in Exhibit "A" attached hereto, and as resolved by Grand County Resolution No. _____, that said real property should be and hereby annexed to and made part of the Grand County Special Service Water Conservancy District. This original resolution was approved on the 22nd day of January, 2008. This amended resolution is APPROVED this 2nd day of June, 2008 by the following vote: Those voting in favor: Bruce B. Adams, Kenneth Maryboy, and Lynn H. Stevens Those voting against: None ATTEST: APPROVED: _______________________________ ______________________________ By: Norman L. Johnson By: Bruce B. Adams San Juan County Clerk-Auditor San Juan County Commission A motion to approve the amended resolution was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Rick presented a letter of resignation from Norman L. Johnson, Chairman of the San Juan Water Conservancy District, to Commissioners. Norman stated in the letter that he has been appointed as the Manager of the District and can no longer serve on the Board. A motion to approve the letter of resignation and advertise the various vacancies on the Board was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. -4- Rick recommended to the Commission that we require a Surety Bond for future work, encroachments on County Roads, property or right of ways. There have been problems getting companies to finish work that was supposed to be done. A motion to approve the recommendation was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Rick reported to the Commission that he is working on an Interlocal Agreement with Monticello City which will also be mirrored by Blanding City. He gave a draft to the Commissioners and requested their review and comments. Public Hearing 11:45 A.M. A motion to go into Public Hearing, to discuss a proposed ordinance to close County Road 383, was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Dan and Lee Ann Cressler presented a request to close CR 383, northeast of Monticello, because of concern to their personal property. There was no public in attendance for comment. Go Out of Public Hearing 12:00 A motion to go out of Public Hearing was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Ordinance No. 2008-____ ORDINANCE TO VACATE COUNTY ROAD #383 AND PERMANENTLY CLOSE THE SEGMENT TO PUBLIC ACCESS AND TRAVEL WHEREAS, County Road #383 is located northeast of Monticello City, San Juan County, Utah, approximately two (2) miles west of the Colorado state line. WHEREAS, County Road #383 is a state class B road and dead ends approximately 0.3 miles west of County Road #370. WHEREAS, a petition has been received by Dan Cressler, the only affected property owner, to vacate the County Road #383 due to concerns about the safety of farm machinery and personal property at the end of the road. WHEREAS, pursuant to state law, the "[t]he county governing body exercises sole jurisdiction -5- and control of county roads within the county." Section 72-3-103(4), Utah Code Annotated (1953, as amended). WHEREAS, pursuant to state law, "[a] county may by ordinance vacate, narrow, or change the name of a county road without petition or after petition by a property owner." Section 72-3-108 (1), Utah Code Annotated (1953, as amended). NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY LEGISLATIVE BODY OF SAN JUAN COUNTY, UTAH, THAT: Due to the concerns of the property owner for the safety of farm and personal property along the 0.3 mile dead end County Road #383 described above, this segment shall be vacated and permanently closed to public access and travel. PASSED, ADOPTED, AND APPROVED by the Board of San Juan County Commissioners this 2 day of June , 2008, by the following vote: Those voting aye: Bruce B Adams Lynn Stevens Kenneth Maryboy Those voting nay: None Absent: None Board of San Juan County Commissioners ____________________________________ Bruce B. Adams, Chairman ATTEST: __________________________________ Norman L. Johnson, County Clerk/Auditor A motion to approve the closure of CR 383 was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Open Time and Other Business Herbert Keams, SJC Resident, reported to Commission on the condition of County Road 418 saying that it needs paved or chip sealed. Commissioners said they would take this to the road department and asked Rick Bailey to follow up. Commissioners discussed with Grayson Redd, SJC Sheriff's Office, the Dog Ordinance and who was going to issue permits, etc. They agreed to the concept that since the Sheriff's Office will -6- be receiving the most calls about dogs, that their office should handle the licensing. Continued discussion and decisions will be made at a later date. Commission Reports Commissioner Maryboy reports that he attended a Economic Development Committee Meeting on Wednesday and went to the Youth Day at the Harvey Ranch on Saturday. He states that the Aneth Community is having a mud race this weekend and extended an invitation to Commissioner's Adams and Stevens to attend. Commissioner Lynn Stevens presented a procurement request from the Road Department for a 90 Gallon Fuel Transfer Tank/Tool Box Combo in the amount of $862 from Northern tool. 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. Commissioner Lynn Stevens presented a request to allow Lynn Laws to make the selection for a Cattle Guard Contractor as soon as all bids are received. 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. Commissioner Stevens reports that he attended a Southeast Utah Public Health Meeting Tuesday where the approved a 4.5% raise for employees for the 2009 Budget Year. On Saturday he went to Lake Powell for the annual park service boat trip to Rainbow Bridge. On Tuesday he plans to attend an Equestrian/Fairground Scoping Meeting and should be in the County all week. Commissioner Adams will be at UCIP Wednesday thru Friday in Ogden. Executive Session 12:10 P.M. A motion to go into 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. End Executive Session 12:40 P.M. 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 12:40 P.M. -7-