SAN JUAN COUNTY COMMISSION MEETING January 8, 2007 The regular meeting of the San Juan County Commission was held on January 8, 2007 at 9:00 A.M. in the Commission Room at Monticello, Utah Present: Bruce Adams, Chairman Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Norman L. Johnson, SJC Clerk /Auditor Tammy Gallegos, SJC Administrative Assistant Dianne F. Neuss, SJC Deputy Clerk Commissioner Lynn Stevens made a motion to approve the minutes of January 2, 2007 with corrections. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Adams addressed the Commission regarding the recent fatal accident that occurred on Route 6 at Soldier's Summit. The collision involved a San Juan County School Bus and a truck driven by a woman from Washington State. The truck slid into the school bus and the woman driving the truck was fatally injured. The school bus driver, Doug Eldredge, was injured. Commissioner Adams presented a draft of a letter he wrote to the Governor and to members of the State Legislature, informing them of this latest fatality and of the continued threat to the safety of the people who travel this dangerous two-lane highway. It was noted that this is the main route going north from the southeastern part of the state and has as much traffic as the southwestern route from St. George going north. Commissioner Adams expressed the need to renew and continue our commitment and our efforts to improve the safety of Highway 6. He said that people from our County as well as Carbon, Emery and Grand County use this road to access medical care, school functions and other necessary services. We need to join forces with others on this side of the state to let state officials know that the density of use on this roadway warrants better road conditions. Commissioner Adams said that he spoke to Lisa Church, a reporter from Moab, and she will see if she can get a story published focusing on this problem. Commissioner Stevens will meet with state officials to discuss the issue and Commissioner Adams will bring it up at the AOG meeting this Thursday. Norman Johnson suggested that he has seen success in the past by the use of enlarged photographs to draw attention to an issue. He said that because the accident involved a school bus that was transporting children, it would emphasize the seriousness of this safety issue. Cyndi Eldredge - Personnel Office Cyndi requested approval of a recommendation to restructure and reclassify the position of Senior Center Director. This position is currently at step 25 and the recommendation, based on job requirements, warrants that the position be reclassified. The recommendation is to upgrade the entry level of this position from Step 25 to Step 40. If approved, it would increase the hourly wage for Jolynn Orr, Blanding Senior Center Director and for Mary Lou Harvey, Bluff Senior Center Director. Martha Garner, who has been in her position as the Director of the Monticello Senior Center for five years, is at Step 35 currently and it was recommended that she be upgraded to a step 50. Commissioner Lynn Stevens made a motion to approve the recommendation to upgrade the position classification and increase the rate of compensation as recommended. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens - Arch Canyon Petition Commissioner Stevens said that SUWA (Southern Utah Wilderness Alliance) and others submitted a 400-page petition to the BLM in support of closing Arch Canyon to all vehicles. He questioned the Navajo Utah Commission's opposition of the County's effort to keep the road opened. He also questioned the authority of the Navajo Utah Commission on this issue since the road is not on the reservation. Commissioners Stevens and Adams reviewed the details of the efforts to keep the road open over the last ten years, including the millions of dollars spent by the State and the County battling environmental groups over ownership of county roads. Arch Canyon Road was determined to be an RS 2477 road but due to changes in government leadership there has been an effort to rescind the determination. In 2004 SUWA objected to the BLM's intention to issue a permit for the Jeep Jamboree. Since Arch Canyon Road was determined to be a county road, the Commission granted the permit. A Grand Jury was formed to determine if San Juan County violated the law by granting the permit. Since then, there has been no communication between the Grand Jury and San Juan County. Another road that is threatened and is in the courts is Salt Creek Road. Commissioner Maryboy said that he had no answer to Commissioner Stevens questions regarding the stand that the Navajo Commission is taking. He said that he knows that Utah Navajos are concerned and want to be involved in these decisions. Commissioner Stevens said that it would be a problem for Native Americans if they close the roads because they will have a more difficult time gathering wood and herbs for their religious ceremonies. He said that the intention of the County is to continue to defend the stand to keep the roads in question open and that the outcome is very important because it will set a precedent and will have long range effects. The local BLM investigated the claims made by SUWA, that the road damage in Arch Canyon is due to vehicles and public use, and determined that the damage is caused by major periodic flooding in the canyon. Commissioner Adams said that there seems to be a lack of communication on this issue between the members of the San Juan County Commission and the members of the Navajo Utah Commission. He suggested that the two groups meet to discuss this issue. Commissioners all agreed that they would welcome a meeting to discuss this issue. Dates and times were discussed and Commissioner Maryboy will work on setting up the meeting. Attorney Walter Bird will also be asked to attend. Commissioner Stevens questioned Commissioner Maryboy on the possibility of a conflict of interest on this subject and his allegiance to the San Juan County Commission when he also sits on the Navajo Utah Commission. He questioned whether there is a need for a disclosure statement to be drafted so that Commissioner Maryboy can recuse himself on some issues. Attorney Bird said that the usual disclosure statement is only required to disclose financial interests that may cause a conflict. Attorney Bird will meet with Commissioner Maryboy on this issue. Charles DeLorme - Director of Economic Development Charles related that Cleal Bradford and Corinne Roring contacted him and asked if he would present a request to the Commission for approval to form a partnership with the County to increase their chances of receiving the UDOT Enhancement Fund Grant discussed at the last Commission Meeting. They requested a commitment from the County of $50,000. Charles said that he could provide the $50,000 from his budget and would like Commission approval to pledge the money. Since the Grant request is due in by the end of the month, he would need to have an answer now to include it in the grant request. Since the increase in TRT (Transient Room Tax) will provide approximately $90,000 in 2007, and given that the County historically has helped with the funding for other visitor centers in the County, it seems to be a worthwhile commitment. Commissioner Stevens agreed that timing is important and that the money, if committed, would most likely not be utilized this year even if the grant is received. He said that there would be plenty of time to add this expense in the 2008 Economic Development budget. Greg Martin, Monticello Assistant City Manger, expressed his concern that the money from the TRT increase is being allocated for the Bluff Visitors Center and that the needs and other commitments related to economic development in the County and the operation of the existing visitors centers will not be met. Charles explained that he has considered these issues and continues to make every effort to accommodate the various needs. Greg said that although they have some funds from grants received to complete Phase II (the parking lot and landscaping) at the Monticello Visitor's Center, that quite a bit more money will be needed to finish the project and to continue to keep the Visitor's Center going. Commissioner Adams said that the City should probably go back to the Transportation District and request additional grant money this year for Phase II of the project. Charles detailed the additional support he has recently allocated for the Monticello Visitor's Center, including providing addition funds and staff from his office to work at the Center. Commissioner Stevens said that although it is recognized that the new Monticello Visitor's Center is struggling, it is in the County's interest to take advantage of the opportunity to support the establishment of the new Bluff Visitor Center recognizing that the start- up costs are high. Commissioner Lynn Stevens made a motion to approve the partnership and commitment of $50,000 to the Bluff Visitor Center in order to help obtain the UDOT Enhancement Fund Grant. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioners questioned the status of the Monument Valley Center project. Charles said that when the project is completed (estimated March 2007) the plan is to hand the keys over to the Navajo Nation. The operation of the Center will be under the direction of an executive director and the Monument Valley Board of Directors. They are in the process of hiring an executive director. Norman Johnson - SJC Clerk/Auditor Norman presented a Beer License Renewal for approval and signature. Bob Mussuelman - Liquor Consumption License - The Line Camp Commissioner Kenneth Maryboy made a motion to approve the Beer License Renewal. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Norman advised the Commission that the Bounty Contract with the State had not been signed and presented it for signature. He said that since he last reported that the Coyote Bounty funds were depleted, he received a $5,000 donation from the Sportsmen for Fish and Wildlife. This organization requested the Commission to consider matching the funds they have donated. The Commission will take it into consideration. Commissioner Adams reviewed a draft of a letter to the San Juan School District detailing the Oljato Chapter member's great concern regarding under aged drinking. They are not only concerned with underaged drinking but with drinking and driving and bootlegging. The letter encourages the School District to work with the Public Health Department to provide educational programs for students on these subjects. Commissioner Adams also said that a letter was received from the Daniels Fund. This fund is a private foundation established in 1990 in the name of Bill Daniels (former owners of the Utah Stars Team). The foundation provides grants for various youth development programs including alcohol and drug related education. The foundation will hold a meeting in Blanding on January 25 at 9:00 a.m. at the Blanding Arts and Events Center to provide an overview of the Daniels Fund and outline the grant application process. This meeting will provide an opportunity to talk with them and see if they can help with the problems. Commissioners Adams and Stevens plan to attend the meeting. Commissioners will review the letter to the San Juan School District and make any changes or additions. Commissioner Maryboy made a suggestion to include the concerns about the recent problems in the high schools relating to illegal acts. Tammy Gallegos - SJC Administrative Assistant Tammy presented a Procurement Request from the Road Department for a Welder (Millermatic 251, with Aluminum Spool Gun). The Recommendation was to purchase the Welder at a cost of $3,131.04 from Four Corners Welding, since welding supplies are purchased and delivered weekly from Four Corners. Commissioner Lynn Stevens made a motion to approve the procurement, as recommended, from Four Corners. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Tammy noted that the Mexican Hat Special Service District Board is non-functioning because there are no board members in place. Although there was some confusion, they were able to get a good water system in place and Phil Lyman, C.P.A., is doing the accounting for the district. It was decided that an effort should be made to advertise for board membership. Norman Johnson suggested that a mailer could be sent out with the water bills to solicit membership for the board. Rick and Tammy will work on this issue. Open Time and Other Business Commissioner Adams reviewed the e-mail received from Wasatch Wind to ask for the County and City's help in getting the energy renewal tax credit reinstated. They have hired lobbyists to help with this effort. Commissioner Adams suggested getting the Association of Counties to support the tax credit in support of harvesting wind energy. After the legislation is drafted, all elected officials can weigh in on the issue. Commissioner Stevens will work on the State level to encourage support for the tax credit. Commissioner Stevens said that there is an energy Summit Committee Meeting on Wednesday at 10:00 a.m. and invited Charles to attend. It will be held in Room DNR Room #1010. It will also be an advantage to lobby the Utah League of Cities and Towns. The City of Monticello voiced their support for the bill to the League. Commissioner Adams will also address the issue at the AOG on Thursday. Commissioner's Reports Commissioner Stevens will attend meetings relating to litigation and priorities of ownership of roads with the Five County Commission. He will attend a meeting related to wind energy and will attend meetings in Washington, D.C. for two days to assist the Secretary of Agriculture to address the Manti LaSal Forest road closure issues. Commissioner Maryboy said that he will attend a meeting of the Navajo Nation in Whitehorse. He attended the Aneth Chapter Meeting last night and will attend the Red Mesa Chapter meeting tonight. He will be attending the Bluff Community Meeting coming up to discuss water and sewer issues. Commissioner Adams will attend the Weed Board Meeting tomorrow, the Energy Summit on Wednesday and the AOG Meeting Thursday. Lynn Laws will meet with Jerry McNeely from Grand County on January 22nd at l:00 p.m. to discuss roads. There will be a luncheon held for the Utah Association of Counties and Utah Legislators on Wednesday, January 31st. The registration is $60.00. Tammy Gallegos will register all three Commissioners for the luncheon. Russell Olsen, Larson and Company - 2005 Audit Report Russell Olsen distributed the completed 2005 Audit for Commission review. He noted that although the Audit is late, due to various issues, they are making every effort to make sure that future audit reports are completed and submitted on time. The report includes financial statements and analysis of financial management and internal controls. Mr. Olsen reported a few minor areas of concern that have already been addressed. One concern had to do with bank accounts being opened without Commission approval. Although there are no improprieties, the correct procedure must be followed. This can become a problem because the County Treasurer is responsible for all bank accounts held by the County. There was another issue related to notification of hearings. Hearing must be advertised seven days in advance of a hearing. This has been corrected by placing the hearing notice in the weekly newspapers two weeks in advance. The one other problem is not getting the audits into the State Auditors on time. The deadline is June 30th and every effort will be made to submit the audit in on time beginning this year. Another minor noncompliance issue is the property tax revenue amount not matching the budgeted property tax revenue amount. All counties are having this problem and the only way to rectify the problem would be to encourage the State Auditors to request an adjustment in the law and it may be worthwhile to address this issue. Commissioner Lynn Stevens made a motion to accept the 2005 Audit Report. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Executive Session At 10:55 a.m. Commissioner Lynn Stevens made a motion to go into Executive Session to discuss personnel and legal issues. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. At 12:00 p.m. Commissioner Lynn Stevens made a motion to exit the Executive Session. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Meeting Adjourned: 12:10 p.m. Check No. Payee Amount 36137 Avanced Auto LLC 94.45 36138 Void Check 0.00 36139 Void Check 0.00 36140 Void Check 0.00 36141 Void Check 0.00 36142 Void Check 0.00 36143 Void Check 0.00 36144 Void Check 0.00 36145 Void Check 0.00 36146 Blanding City 1550.29 36147 Blanding Senior Center 44.83 36148 Information Only Check 0.00 36149 Information Only Check 0.00 36150 Blue Mountain Foods 771.73 36151 Blue Mountain Panorama 42.60 36152 Booth fire Protection, Inc. 522.25 36153 Brandford, J.J. 258.50 36154 Brantley Distributing Co. 373.60 36155 Business Xpansion Journal 1200.00 36156 Carr Printing 1909.75 36157 Cattle-Fax 132.00 36158 Chevron & Texaco Card Svc. 174.10 36159 Clark's Parts Plus 26.28 36160 ConcocoPhillips Fleet 84.69 36161 Cortez Diesel Sales, Inc. 943.98 36162 Country Information Systems Inc. 1500.00 36163 CPRA 125.00 36164 Crystal Inn 136.00 36165 D & M Wire rope, Inc. 127.94 36166 Div. Occupatio and Prof. Lic 289.22 36167 Diverse Security 52.79 36168 Dwyer's Communications Inc. 35701.92 36169 Information Only Check 0.00 36170 Empire Electric Assoc. Inc. 4937.40 36171 Enterprise 52.00 36172 EVCO House of Hose 588.09 36173 Fisher, Mahana M.D. 300.00 36174 Four Corners Welding & Gas 229.41 36175 Four States Tire & Service 56.54 36176 Franklin Covey Co. 240.57 36177 Frontier 1045.75 36178 Galls Incorporated 238.20 36179 Garrett Holliday 560.00 36180 Genevieve Mark 560.00 36181 Hazleton, Kirk 42.00 36182 Home Depot Credit Services 451.98 36183 Hurst, Todd 347.45 36184 Intouch Paging 32.00 36185 Intrepid Potash Moab, LLC 388.80 36186 JC Hunt, Inc. 447.48 36187 Jacco Distributing Co. 161.50 36188 Keep Safe Storage 140.00 36189 Korene Blackwater 1630.00 36190 Lameman, Elsie 560.00 36191 Larry M. Mason 231.40 36192 Lee, Alvin 560.00 36193 Lee, Brian L. 560.00 36194 Legacy Imagery 65.82 36195 Les Olsen Company 1527.07 36196 MC Signworks, Inc. 1155.00 36197 MHL Systems 560.85 36198 Monsen Engineering Co. 186.25 36199 Monticello City 1324.58 36200 Monticell Justice Court 1314.00 36201 Monument Resources 42241.12 36202 Motor Parts 112.44 36203 Musselman Plumbing, Inc. 11000.00 36204 NADA Appraisal Guides 100.00 36205 Navajo Tribal Utly Authority 16.69 36206 Newman Traffic Signs 78.13 36207 Nicholas & Company 720.53 36208 Northern Tool & Equipment Co. 1015.63 36209 Office Depot 256.52 36210 Orkin Inc. 190.62 36211 Otis Elevator Company 618.00 36212 Page Brake Warehouse 664.53 36213 Pioneer Printing 1426.25 36214 Pitney Bowes 67.50 36215 Pitney Bowes Purchase Power 56.49 36216 Precis Communications 38.45 36217 Information Only Check 0.00 36218 Quill Corp. 778.04 36219 Qwest 98.65 36220 Redd's True Value 335.44 36221 Regence BlueCross Blue Shield 35303.82 36222 Reliable 680.32 36223 Richardson, John 550.00 36224 Richardson, ricky 29.58 36225 Rocky Mountain Power 307.56 36226 San Juan Building Supply, Inc. 84.00 36227 San Juan Health Care Services 630.00 36228 San Juan Record 520.00 36229 Schultz, William L. 5100.00 36230 Scott Machiner Co. 144.85 36231 Seventh District Court 456.00 36232 SHELL 97.64 36233 Southeastern Utah District 14155.50 36234 Sterline Trucks of Utah 24.07 36235 SunParks, Inc. 5000.00 36236 Sysco Intermountain Food Svc. 589.95 36237 Tate, Laverne 212.00 36238 Tessco Incorporated 310.45 36239 Tri-Hurst Construction Inc. 81937.36 36240 UniFirst Corp. 153.24 36241 United States Postal Service 39.00 36242 UPS 25.28 36243 USDA Forest Service 802.77 36244 USU 1882.45 36245 USU Extension 30.97 36246 Utah communications, Inc. 73.25 36247 Utah County Justice Court 350.00 36248 Utah Department of Agriculture 105.00 36249 Utah Division of Consumer Pro. 32.00 36250 Utah Highway Patrol 100.00 36251 Utah State Treasurer 15137.68 36252 Utah.com 3750.00 36253 Verizon wireless 38.04 36254 Waste Management of 268.51 36255 Weed cost Share Program, Elaine Barry 144.00 36256 Weed Cost Share Program, Bob Barry 144.00 36257 Williams, Thelda 1120.00 36258 Yazzie, Karen 560.00 36259 Alco Discount Store 17.98 36260 Hazleton, Kirk 246.11 36261 Monsen engineering Co. 195.33 36262 Alco Discount Store 53.47 36263 All-American Publishing 195.33 36264 ALLwest Sales & Service 487.31 36265 Amerigas-Blanding 842.70 36266 Amerigas-Green River 296.84 36267 Bellison, Howard 560.00 36268 Bitsinnie, Irene 560.00 36269 Black Oil Company 3385.44 _____________________________ _____________________________ Commissioner Bruce Adams, Chair Dianne F. Neuss, SJC Deputy Clerk .