SAN JUAN COUNTY COMMISSION MEETING November 3, 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 Administrator Norman L. Johnson, SJC Clerk/Auditor Dawn Shaw, SCJ Deputy Clerk Attendees: Cyndi Eldredge, Marilyn Boynton, Earl Lee, Brenda Brown, Charlie DeLorme, Nelson Yellowman, Bill Boyle, RD Carroll, Neil Joslin, Scott Burton, Rolland Francom, Clayton Holt, Doug Wright, Elsie Dee A motion to approve the minutes of October 20, 2008 was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. A motion to approve the minutes of October 27, 2008 was made by Commissioner Lynn Stevens. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Commissioner Bruce Adams abstained as he was not in attendance at the meeting. Cyndi Eldredge - SJC Personnel Cyndi presented a Resolution Appointing of a San Juan County Representative and Alternate Representative for the Utah Counties Insurance Pool Annual Membership Meeting for approval and signature. Resolution No. 2008 - 10 RESOLUTION OF APPOINTMENT OF A SAN JUAN COUNTY REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE UTAH COUNTIES INSURANCE POOL ANNUAL MEMBERSHIP MEETING WHEREAS, the Board of County Commissioners of San Juan County, Utah, is the proper authority to appoint a qualified person to act as the official representative for San Juan County at the Utah Counties Insurance Pool Membership Meeting to be held on December 4, 2008; and WHEREAS, the Board of County Commissioners of San Juan County, Utah, has been informed that the By-laws of the Utah Counties Insurance Pool require that the official -1- representative and an alternate representative for San Juan County be elected or appointed officers or employees of a member county and be appointed by majority vote of the governing body and designated in writing, NOW, THEREFORE, be it resolved by the Board of County Commissioners of San Juan County, Utah, hereby appoints Bruce Adams as the official San Juan County representative for the Utah Counties Insurance Pool Membership Meeting to be held on December 4, 2008 with Cyndi Eldredge as an alternate representative. RESOLVED ADOPTED AND ORDERED this 3rd day of November , 2008. BOARD OF COUNTY COMMISSIONERS SAN JUAN COUNTY, UTAH ____________________________________ ____________________________________ ____________________________________ ATTEST: By: ____________________________________ APPROVED AS TO FORM: By: ____________________________________ After a discussion, Commissioner Lynn Stevens made a motion to approve the resolution to have Commissioner Adams as the SJC Representative for the UCIP Annual Member Meeting and have Cyndi Eldredge as the alternate representative. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Earl Lee and Brenda Brown - Utah Navajo Fair Earl and Brenda reported to the Commissioners on the Utah Navajo Fair held in Bluff. They presented Commissioners with a detailed report on all the activities, revenue and expenditures of the fair. Commissioners thanked Earl and Brenda for all the work they do and expressed their appreciation for the time they spend on the Fair. Commissioner Lynn Stevens made a motion to -2- accept the report. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Doug Wright - SJC School District Superintendent & Clayton Holt - SJC School District Accountant Rick lead a discussion, along with Doug Wright and Clayton Holt of the SJC School District, about how the selection of the Secured Rural School Allocation will impact the County and the district. The pros and cons of both the various options were fully reviewed. The issues relating to SRS are very complicated and have an impact on the County's use of its PILT allocations. Following a lengthy discussion Commissioner Lynn Stevens made a motion for the Commission to authorize Rick, Norman and others to enter into discussions with School District Representatives to finalize the Interlocal Agreement. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. RESOLUTION 2008-11-01 Whereas the Congress of the United States has seen fit to pass PL 110-343, which provides a four (4) year safety net whereby counties may either receive the traditional annual payment from the Forest Service (and/or BLM) or select four years of payments based on a formula provided in the legislation. Whereas PL 110-343 specifies that each forest county has an option to select either: (a) remaining on the traditional 25% Forest Reserve Receipts payment system or (b) selecting the full state payment system set forth in Title I of PL 110-343: and Whereas it is understood that counties which select the PL 110-343 full payment (safety net) option are doing so for the full four (4) year life of the bill; and Whereas it is further understood, that those counties who select to remain on the traditional 25% Forest Reserve Receipt system, are obligating themselves for a two year period, and will have the option of changing to the PL 110-343 safety net system after the second year of the bill. Be it therefore resolved that San Juan County hereby selects to receive their forest reserve payments as set forth below: Traditional 25% Forest Reserve Receipts - 1908 Act (7 year rolling average) X Full Safety Net Payment amount as per PL 110-343; and Be it further resolved that this selection be communicated to the Governor of the State of Utah, in care of the following designee by November 03, 2008: -3- Karen Hardy, Administrative Assistant to the State Planning Coordinator, Mike Mower State Capitol Complex, 350 N State St., Ste. 150 Salt Lake City, UT 84114; and Be it further resolved that all jurisdictions receiving Forest Reserve Funds within San Juan County receive a copy of this resolution for their official records as soon as it is officially adopted. APPROVED: _______________________________ Bruce B. Adams, Chairman San Juan County Commission ATTEST: _______________________________ Norman L. Johnson, Clerk/Auditor San Juan County Clerk-Auditor Rick made the recommendation for Commissioners to make a motion how the County would accept the funding. Commissioner Lynn Steven made a motion to accept the State Funding Option. Commissioner Kenneth Maryboy seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. Rick again made a recommendation for Commissioners to state exactly how the funding would be distributed. Commissioner Lynn Stevens made an amended motion to accept the State Funding Option with 8% going into Title II and 7% going into Title III. Commissioner Kenneth Maryboy seconded the amended motion. None opposed. Commissioner Bruce Adams declared the amended motion carried. Rick Bailey - SJC Administrator Rick presented a contact from Brown and Caldwell, for the Navajo Water Study, in the amount of $500,000 for approval and 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. Rick presented one building permit for approval and signature. Shirttail C Store - Hay Barn - S Hwy 191 Jct 95, Blanding A motion to approve the building permit, provided all signatures are in place, was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Commissioner Bruce Adams declared the motion carried. -4- Rick presented a request to Commissioners to consider a Resolution joining other Counties in the State in filing a suit against the Utah State Tax Commission on Telecom sales tax allocation. RESOLUTION 2008 11-02 Whereas, the recent actions of the Tax Commission have sought to make substantial adjustments to tax reimbursements provided during prior fiscal years; and Whereas, Counties rely on sales tax revenues to fund county programs, service debt, and maintain solvency; and Whereas, the annual budget for this county is set each December for the following year; and Whereas, Utah's counties must be able to rely on the Tax Commission to correctly calculate and allocate tax proceeds and to scrupulously perform its fiduciary duties; and Whereas, the recent efforts to redistribute sales tax revenues to account for improper calculations by telecom providers extend back to 2006; and Whereas, there are clear inaccuracies in the calculation of telecom sales tax and inappropriate methodologies used to calculate the amounts counties were overpaid; and Whereas, the Utah State Tax Commission has inappropriately withheld proceeds from non- telecom sales tax proceeds was correct; and Whereas, the Tax Commission has inappropriately withheld proceeds from non-telecom sales for the current year and has thereby seriously impacted the county; and Whereas, efforts to settle this matter in a way that is consistent within law, equity, and the fiduciary responsibilities of the Tax Commission. Now therefore, be it resolved that San Juan County enter into litigation to clarify for the Tax Commission both the law under which it is required to operate and the provisions of the fiduciary duty the Tax Commission owes to the several counties of Utah. APPROVED: _______________________________ Bruce B. Adams -5- ATTEST: _______________________________ Norman L. Johnson Clerk/Auditor San Juan County Clerk/Auditor 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. Rick reported to Commissioners that the Clean Drinking Water Act will require improvements to the water system in Mexican Hat costing up to $80,000. Rick states that most of the money for this can be obtained through grants. There will be a public hearing sometime in November regarding this. Rick also states that the USDA has given the County a $100,000 grant for a fire truck. He would like to replace the engines in the Montezuma Creek and Monument Valley and said that they could possibly fund the rest of the project through Navajo Revitalization. Open Time and Other Business RD Carroll presented a request to Commissioners to have a road that is on his tax rolls taken off and he will then dedicate the road to the County. The road is not maintained by the County because it does not meet the Counties specifications. Commissioners asked Mr. Carroll to talk to Lynn Laws at the road department. Roland Francom reported to the Commissioners that at the next Library Board meeting he plans to present ideas to replace the Book Mobile with satellite locations around the County. Rowland invited the Commissioners to attend the meeting which will be held November 18th. Commission Reports Commissioner Stevens reports that he will be in the County all week. Friday he plans to take the new Forest Service Director for our area, Mike Diem, to Elk Ridge by horse back. On Saturday he plans to attend a service dedicated to County Veterans in Red Mesa. Commissioner Maryboy was in Window Rock last week attending the Navajo Nation Council Meeting. He also plans to attend the Veterans Service this weekend. Commissioner Adams was in New Orleans all last week for UCIP training. He plans to attend a RAC meeting in Price on Wednesday and will be in the County the rest of the week. Adjourn 12:21 P.M. -6-