SAN JUAN COUNTY COMMISSION MEETING September 12, 2011 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 Phil Lyman, Commissioner Rick Bailey, San Juan County Administrator Norman L. Johnson, County Clerk /Auditor Attendees: Greg Adams, Jerry McNeely, Marilyn Boynton, Monte Wells, Nick Sandberg, Bob Turri, Phil Lowe, Walter Bird, Linda Larson, Tammy Gallegos, Anna Thayne, Neil Joslin, Dustin Fife, Georgianna Simpson, Larry & Carla Sorrell, John Billie, Victor Dee, Herman Farley, Naomi White, Leonard Gorman, Lauren Bernally-Long, Monty Dalton. Allen Barry Minutes: The minutes of August 22, 2011 were approved upon a motion by Phil Lyman and seconded by Kenneth Maryboy. Chairman Adams abstained as he was not present at the meeting. Chairman Adams declared the motion passed. The minutes of September 8, 2011 were approved upon a motion by Phil Lyman and seconded by Kenneth Maryboy. Voting was unanimous. Dustin Fife - SJC Librarian Dustin and Board Chairman Georgianna Simpson presented information relating to the Monticello Library roof. Several leaks have appeared and the roof needs to be repaired or replaced. The roof project was to be in next years budget, however the situation is critical in protecting the county assets. Following further discussion Commissioner Lyman made a motion that the county Building Department in connection with Chamberlain Architects review the roof structure and then bid out the repair and/or replacement of the roof. The motion was seconded by Commissioner Maryboy. Voting was unanimous. Phil Lowe - San Juan Health District CEO Phil and Board Member Allen Barry presented the Commission with a check in the amount of $35,000 as payment in full for the loan made to the District last year. They reported that things at the Spanish Valley Clinic are going exceptionally well and that the Hospital has been re-accredited as a Critical Access Hospital. They received a zero deficiency report from the Department of Health and Human Services. The new Clinic will open in mid November and the Commission will be kept in the loop for the open house that is being planned. Greg Adams - Planning and Zoning Commission Greg presented Resolution No. 2011- XX to the commission for their review and discussion. Resolution No. 2011- 3 RESOLUTION TO ADOPT THE AMENDED SAN JUAN COUNTY ZONING ORDINANCE (2011) WHEREAS, pursuant to Section 17-27a-101, et seq., UCA (1953 as amended) the County Land Use, Development and Management Act (LUDMA), governs the county=s ability to control via laws, ordinances and regulations the use and development of property within a county; WHEREAS, considerable amendments to LUDMA have been made over the past several years thus making the amendment of the San Juan County Zoning Ordinance necessary to bring it into compliance with the state law; WHEREAS, pursuant to Section 17-27a-102(1)(a), UCA (1953 as amended), the [g]eneral land use authority of the county shall provide A . . . for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the county and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the state=s agricultural and other industries, to protect both urban and nonurban development, to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in land use regulation, and to protect property values@; WHEREAS, pursuant to Section 17-27a-102(1)(b), UCA (1953 as amended), A[t]o accomplish the purposes of this chapter, counties may enact all ordinances, resolutions and rules and may enter into other forms of land use controls and development agreements that they consider necessary or appropriate for the use and development of land within the unincorporated area of the county . . .@; WHEREAS, San Juan County last amended and adopted its Zoning Ordinance in 2005; WHEREAS, over the past two (2) years, under the work and supervision of the county staff and the San Juan County Planning and Zoning Commission, the San Juan County Zoning Ordinance (2005) has been amended to make it more LUDMA compliant; and WHEREAS, a public hearing was held by the San Juan County Planning and Zoning Commission on September 1, 2011, to receive public comment on the proposed amended zoning ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY EXECUTIVE AND LEGISLATIVE BODY OF SAN JUAN COUNTY, UTAH, THAT: Recognizing its responsibility and duty to provide and care for the health, safety and welfare, and promote the prosperity, improve the morals, peace and good order, comfort, convenience, and aesthetics of the county and its present and future inhabitants and businesses, to protect the tax base, to secure economy in governmental expenditures, to foster the state=s agricultural and other industries, to protect both urban and nonurban development, to protect and ensure access to sunlight for solar energy devices, to provide fundamental fairness in land use regulation, and to protect property values, the Commission exercises its executive and legislative powers by adopting the Amended San Juan County Zoning Ordinance (2011). PASSED, ADOPTED, AND APPROVED by the Board of San Juan County Commissioners this _________ day of __________________________, 2011, by the following vote: Those voting aye: Those voting nay: Absent: Board of San Juan County Commissioners _____________________________________ Bruce B. Adams, Chairman ATTEST: __________________________________ Norman Johnson, County Clerk/Auditor Following considerable discussion on the various descriptions and types of Zoning, a motion was made by Commissioner Lyman and seconded by Commissioner Maryboy to adopt Resolution 2011-xx amending the San Juan County Zoning Ordinance. Voting was Unanimous. Herman Farley - Red Mesa Chapter President Mr. Farley introduced the several guests he had with him to make a presentation to the Commission. He invited Mr. Leonard Gorman, Executive Director of the Navajo Nation Human Rights Commission to make a power point presentation on how the Nation envisioned the way the San Juan County Commission Districts should be configured. The thrust of Mr Gorman=s presentation and discussion was that the Native American population, in San Juan County is now over 55% and as such the Native American should have a better opportunity for additional representation on the County Commission. Commission Chairman Adams pointed out that the County is bound by a 1983 Consent Decree from the United Stated District Court for Utah and that the County would not change the basic Commission District configuration without the Judges agreement. There was considerable discussion with legal implications. The County Clerk will provide the Navajo Nation representatives with copies of the Consent Decree and Commission District maps. Walter Bird - SJC Deputy Attorney The Sheriffs Office is recommencing the promotion of Preston Palmer to Corporal in Corrections. The position is already budgeted and is a replacement due to other staff transfers. A motion to approve the request was made by Commissioner Maryboy and seconded by Commissioner Lyman. Voting was unanimous. Rick Bailey - SJC Administrator Rick in association with Sheriff Eldredge requested approval from the Commission to replace a totaled out patrol vehicle. Two options were presented for used pickup trucks from Randy=s Auto in the close range of the insurance adjustment we have received. A motion to approve the request was made by Commissioner Maryboy and seconded by Commissioner Lyman. Voting was unanimous. Rick told the commission that over the weekend one of the Montezuma Creek Fire Trucks was also involved in an accident and may need replaced. Rick presented two Building permits for approval and signature. Taylor Palmer - residence - East of Blanding Mike Bynam - wood deck - Spanish Valley A motion to approve the permits, provided all appropriate signatures are in place and payment is made, was made by Commissioner Kenneth Maryboy and seconded by Commissioner Phil Lyman. None opposed. Vote was unanimous. Rick presented the 4th ammendment of the FAA Cal Black Airport contract for signature. The new contract amount is $438,887.asked about the UAC meetings in Midway next month and who would be attending. A motion to approve signing the revision was made by Commissioner Maryboy and seconded by Commissioner Lyman. Voting was unanimous. Rick presented a Special Billing Agreement with Utah Department of Public Safety for the 9-1-1 Grant in the amount of $83,607.23 for signature. Following a brief discussion A motion to approve the request was made by Commissioner Lyman and seconded by Commissioner Maryboy. Voting was unanimous. Jerry McNeely - North SJC Liaison Jerry discussed the meeting he had with SITLA on the Spanish Valley water project and the potential snowmobile staging area. He attended the AOG meeting in Green River for Commissioner Adams. Nick Sandberg - SJC Planner Nick verified with the Commission next Mondays afternoon meetings with the BLM and the Forrest Service at 1:00 and 3:00 respectively. Commission Reports Commissioner Lyman - attended the Arizona Strip meeting in St George last week and the Edge of the Cedars park closure hearing in Blanding. He noted the Edge of the Cedars is a Federal Repository so that portion of the building could never be closed. He will be going to SLC and on the DC for the balance of the week for a NACo meeting. Commissioner Maryboy - attend a special session of the Navajo Nation Council last week and will be in the County this week attending the Southern Fair. Commissioner Adams - read a letter from USU President Stan Albrecht indicating there was not any support from USU to retain the Gibbons Home on the Blanding campus and it will be demolished. He also said that the local group who had cared for the horseshoe pits at the Fairgrounds had returned the agreement and did not wish to continue. He will attend the UCIP Board meeting. Next Monday there is a 8:00 Department Head meeting and a 9:00 TRC/TRCC meeting before commission meeting. 12:35PM Commissioner Maryboy motioned to go into Executive Session to discuss a personnel issue. Commissioner Lyman Seconded the motion. 1:00 Commissioner Lyman motioned to go out of Executive Session and Commissioner Maryboy seconded. Adjourned 1:01 PM