SAN JUAN COUNTY COMMISSION MEETING February 12, 2007 The regular meeting of the San Juan County Commission was held on February 12, 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 February 5, 2007 with corrections. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Lester Nixon, Executive Director - Utah Counties Insurance Pool Lester presented a Development Stewardship Report to the Commission. He noted that San Juan County provided funds to help start the insurance pool and currently, 27 of the 29 Utah Counties have interlocal agreements with the Utah Counties Insurance Pool. He said that this is their 15th Anniversary. Commissioner Adams is their newest Board Member and that 85 representatives came together from around the State to elect new trustees. The insurance pool is a multiline program providing coverage for worker's compensation, medical, auto and an employee benefits program. He noted that San Juan County has 3 ½ percent of the pool and if the insurance pool were to dissolve, $100,000 would come back to the County. Mr. Nixon reviewed the claims for our County and noted that our worker's compensation claims are very low compared to other peer counties. He attributed this to Cyndi Eldredge's excellent work in the training area and said that the County will receive a premium refund of close to $10,000 in April. The Commission was appreciative of Mr. Nixon's report and pleased with how well the program is working for the County. Cyndi's commitment to the program was recognized and appreciated. The next meeting of the Utah Counties Insurance Pool will be held in Davis County. Clark Hawkins and Russ Bradford - Road Employee's Holiday Leave Petition Mr. Hawkins and Mr. Bradford presented a petition signed by predominantly Blanding road employees with one signature from a Monticello road employee relating to Holiday leave. The issue is that the Road Department work schedule is four ten hour days rather than the eight hours, five days a week that other County employees work. Because of this schedule, when there is a holiday, employees are paid for eight hours of holiday time and either need to work two hours to make up a days pay or use their vacation time to compensate for the two hours of time. Their proposal is that the County change the policy and pay them 10 hours' holiday pay instead of the current 8-hour compensation. Mr. Hawkins and Mr. Bradford presented the details supporting their position, citing shorter break times in the ten hour day and safety issues related to working more than twelve hours per day in addition to having to use vacation time to make up the two hours. Commissioners discussed the proposal and the petition and determined that Lynn Laws, Road Superintendent and Attorney Walter Bird, Human Resources should review the issues and come to a recommendation. At that time, if it is determined that a change is warranted, the issue will be brought before the Commission. Commissioner Adams thanked the employees for their input and their viewpoints. Walter Bird, Assistant Attorney - Amendment to Resolution 2006-02 Walter presented an Amendment to Resolution #2006-02 - Bluff Water Works SSD Administrative Control Board correcting a typographical error ("excepting the powers listed in Section 17A-2-1326 (5)(b)" not Section 17A-2-1326(4). Commissioner Lynn Stevens made a motion to approve and sign the corrected Resolution #2006-02 . Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Shurrell Meyer & Joella Krall, SJC Library Joella Krall a member of the Library Board and Shurrell Meyer, Director of the Monticello Library, requested approval for the purchase of two computers for the Blanding Library. Two bids were received and the recommendation of Lana Latham, Director of the Blanding Library, was to purchase the computers from the low bidder, Tiger Direct, in the amount of $908.96 each. Commissioner Kenneth Maryboy made a motion to approve the request for the purchase of two computers for the Blanding Library from Tiger Direct. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Joella informed the Commission that a check was received from the Enhancement Fund for the SJC Library. Commissioner Lynn Stevens made a motion to accept the check. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Joella also requested approval for the purchase of a Disc Repair/Cleaning System for CDs, DVDs & Books on CD. Two bids were received with the low bid from RTI in the amount of $5,945. The machine from RTI was recommended not only because of the lower price but because other libraries have reported that they are very pleased with the machine. Commissioner Kenneth Maryboy made a motion to approve the purchase of the Disc Repair/Cleaning System from RTI in the amount of $5,945.00. Commissioner Lynn Stevens seconded the motion and Commissioner Bruce Adams declared the motion carried by unanimous vote. Joella noted that she requested the Bookmobile Budget which was provided to her by Norman Johnson, SJC Clerk/Auditor. Since the budget is at only $88,000 it was suggested that a meeting be arranged with members of the Commission, Library Board Members and Directors to review what is needed to continue the Bookmobile Service. Commissioner Stevens will then present this information at the State level to try and obtain additional funding. Joella will try and arrange a meeting on a Monday when Commissioners will be available. Walter Bird, Assistant Attorney - Human Resources Issue Walter presented a request from Evan Lowry to reduce his hours from 40 hours per week to 32 hours per week working Monday through Thursday. After a short discussion it was decided that this would be acceptable and it was suggested that the BLM and Forest Service be notified of this change. Commissioner Lynn Stevens made a motion to approve the request for Mr. Lowry to reduce his hours from 40 to 32 hours per week. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Bruce Adams - Ex-officio Member of the Healthcare Board Commissioner Adams said that members of the Dove Creek, Colorado, community utilizes the hospital and clinics in our County and would like to have some input and offer some advice to the Healthcare Board. The Board would like to invite a non-voting member of their community to sit on the Healthcare Board and be designated as an ex-officio member. It was decided that according to the Healthcare District Bylaw, they have the authority to make this decision without Commission approval. Commissioner Adams will let them know. Tammy Gallegos - SJC Administrative Assistant Tammy presented one building permit for approval and signature. Barbara Gantt - 781 West Larkspur Ave., Bluff - Residence Commissioner Lynn Stevens made a motion to approve the building permit providing all signatures are in place and conditions are met. Commissioner Kenneth Maryboy seconded the motion. Commission Bruce Adams declared the motion carried by unanimous vote. Ms. Gantt discussed issues relating to the subdivision where she plans to build her home and the problems she has encountered relating to easements for utilities to her land. She questioned whether alleys and easements in the County can be controlled by individual land owners. After discussion, the Commission informed Ms. Gantt that if she has obtained a permit to for a well on her property she is within her rights to drill the well and that the septic system on her property can be located according to the State Health Department's regulations. She was advised that the County intends to have a Planning and Zoning Commission up and running soon so that they can address some of the problems she has encountered Tammy presented the Annual Aging Report for 2006 that she obtained when she was at the State Meeting in Salt Lake City last week. She also presented the Aging Contract, providing a little more money, for Commission approval and signature. Commissioner Lynn Stevens made a motion to approve the Aging Contract. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Tammy is in the process of reorganizing the Aging Advisory Council. This Council has not been functioning for a few years. Tammy asked if a Commissioner would be willing to join the Council. Commissioner Stevens said that he was willing to become a member as long as meetings were held when his schedule allows him to attend. The directors of the Senior Centers will also be members of the Council. Tammy has arranged for the quarterly meetings on a Monday and the assignment will be added to the Roster. Open Time and Other Business Davis Filfred, asked the Commission's help to make repairs to Co. Rd # 4011. The road is extremely muddy and needs to be graveled, especially since the School Bus travels this road. Commissioner Adams said that he sent a message to Todd Hurst to go and take a look at another road needing work, Co. Road #457 (Lancing Mesa) and that he will contact Todd today and see what he can do about Co. R#4011. Tony Dayish, Utah Navajo Trust Fund, introduced Stephen M. Smith, who is originally from Blanding, as the new Financial Manager for the Utah Navajo Trust Fund. He also presented the County with a check in the amount of $49,775 for the Monument Valley Fire Station. He explained that when Utah Navajo Development Council was operating a Health Clinic in Monument Valley when Cleal Bradford was working down there and that he applied for a grant from the USDA with Rick's help to pay for architectural expenses for the project. Tony said that he and Stephen planned to meet with John Felmeth today regarding joint GIS projects. The Commissioners expressed their appreciation for the work Tony has done for the County. Commissioner's Reports Commissioner Kenneth Maryboy attended Chapter meetings last week and the Aneth Chapter Planning Meeting last night. He attended the Navajo Revitalization Meetings that took place at the Chapters. Tomorrow he is scheduled to attend the Sonoran Institute Conference in Blanding and on Wednesday the Navajo Utah Commission Meeting. He plans on traveling to SLC on Wednesday night to attend the legislative sessions on Thursday and the Cowboy Caucus. Commissioner Maryboy was invited to attend a meeting of Utah Tribal Leaders last week and reported that there are many concerns that impact the tribes which were on the meeting agenda but there were no action items. He advised that the meeting process needs to be revamped to address the issues of concern and that the tribe needs to be represented at the Governor's Cabinet on Indian Affairs. He will attend a Red Mesa Chapter Meeting regarding water concerns and the Red Mesa Clinic. He will also attend UNHS in Monument Valley to support the hospital there. Commissioner Lynn Stevens will attend the Sonoran Institute Conference tomorrow and then will travel to SLC to attend the UAC Meeting on Thursday and legislative sessions on Thursday and Friday. He said that bill # 134 is being introduced that will direct the distribution of oil money from SITLA land to the counties (estimated to be over $200,000 for San Juan County). The money will not be offset by PILT funds and will go directly to the county. The other bill of interest is a bill that allows SITLA's to use the same process as the State does to access roads and right-a-ways on their land. A bill regarding tax money held in the Tax Stability Trust Fund Account seems be in trouble. The change to double the money allowed will probably be approved and the issue of how the money can be spent by counties will have to be looked at later. Commissioner Stevens attended a meeting with UAC and the Utah Behavioral Health Network. The group voted to combine the UBHN with UAC which is projected to save about $125,000 per year. The plan is that UBHN will move into the UAC building and become part of UAC by next year. The UAC director will have the overall responsibility for the program. The intention is to solve some of the financial issues as well as provide better management. With the change in leadership at Four Corners Behavioral Health the hope is that with there may be increased communication and cooperation with our Mental Health Special Service District. Commissioner Adams reported that he participated in the USACC Conference call last week. He also attended the UBHN meeting with UAC on Thursday and the UAC legislative meeting. He plans to attend the Sonoran Institute Conference in Blanding as well as the Weed Board Meeting at 8:00 a.m. tomorrow. He will participate in another Conference call with USACC and a RAC Board meeting at 6:30 p.m. on Wednesday in Green River. He then plans to travel to SLC for the UAC legislative meeting. He will also attend the UCIP Board Meeting in Davis County. He noted that there is a UDOT Commission meeting this Friday morning in SLC and that he invited Dal Hawks to the meeting to discuss the excess funds from the 491 road project. Commissioner Stevens will also attend the meeting. Commissioner Adams plans to attend the Navajo and Oljato Chapter meetings this Sunday with Commissioner Maryboy. He noted that the UCIP Management Conference in Provo is on the 22nd of February and that Cyndi will attend this meeting. He plans to attend the Harvest Energy Summit on February 28th and is already registered. Tammy will arrange for Susan DeLorme to register Commissioner Maryboy and Commissioner Stevens for the Summit. Evan Lowry - Planning Office Evan presented the Commissioners with the County's response to Southern Utah Wilderness Alliance's (SUWA's) petition to BLM regarding Arch Canyon. The Conclusion is as follows: The drastic closure sought in the Petition is not supported by existing fact or law. It is merely another attempt to restrict the use and enjoyment of our public lands to a small segment of the population. San Juan County's valid existing rights that serve the public good within the Petition Area cannot be ignored nor diminished. Nevertheless, San Juan County supports responsible use of public lands and public rights-of-way and believes that to the extent there is any merit to the Petition, there are existing management tools available to address the concerns raised. Accordingly, San Juan County requests the BLM to communicate any concerns it may have regarding the allegations in the Petition, so that any actions taken can be the product of cooperative land management efforts. Commissioner Bruce Adams passed the chair to Vice Chair Kenneth Maryboy. Commissioner Lynn Stevens made a motion to authorize the Commission Chairman to sign the petition. Commissioner Bruce Adams seconded the motion. Commissioner Maryboy declared the motion carried by a two to one vote with Commissioners Adams and Stevens voting yes and Commissioner Maryboy voting no. The Chair was passed back to Commissioner Bruce Adams. 11:07 a.m. Commissioner Stevens made a motion to go into an executive session after a short recess to discuss a personnel issue. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. 11:44 a.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: 11.45 a.m. . Check No. Payee Amount 36785 Alignment Check 0.00 36790 Amerigas- Green River 623.09 36791 Aneth Chapter 491.84 36792 BCL Distributing Co. 511.51 36793 Bellison, Howard 560.00 36794 Best Western Etc. All 272.00 36795 Black Oil company 1,780.47 36796 Black, Calvin 20.00 36797 Black, Clint 60.00 36798 Black, Roman L. 60.00 36799 Black, Wayne 100.00 36800 Blue Mountain Foods 106.54 36801 Blue Mountain Meats, Inc. 68.63 36802 Blue Mountain Panorama 195.90 36803 Bound Tree Medical, LCc 22.00 36804 Boy, Christina 71.00 36805 Boy, Leroy 71.00 36806 Bradford Tire 174.00 36807 Bronson, David 84.50 36808 Chevron & Texaco Card Serv. 421.00 36809 Christensen, Scot L. 60.00 36810 CIMS 297.00 36811 Comfort Inn 61.57 36812 Connected Technologies 202.26 36813 Conoco Phillips Fleet 507.51 36814 Crystal Inn 1,060.35 36815 D & M Wire Rope, Inc. 2,003.74 86816 Davis County Library 35.99 36817 DeLorme, Charles 159.00 36818 Deseret Book 346.27 36819 Diamond Lake Book Co. 339.30 36820 Dingman Lumber Company 3,549.00 36821 Empire Electric Assoc. Inc. 4,026.77 36822 Fisher, Mahana M.D. 300.00 36823 Four Corners Welding & Gas 968.35 36824 Four States Tire & Service 1,471.07 36825 Franklin Covey, Inc. 64.68 36826 Freestone, Alan 930.16 36827 Frontier 107.14 36828 Gallegos, Tamara 88.00 36829 Getgo Imaging Inc. 332.00 36830 Grainger 2.97 36831 Hinckley Dodge, Inc. 8.63 36832 Information only 0.00 36833 Ingram Library Services 1,745.15 36834 Ivins, Shawn 80.00 36835 J.C. Hunt co., Inc. 1,056.66 36836 J.M. Custom Welding 273.67 36837 Johnson, Norman L. 430.80 36838 Johnstone Supply 1,138.43 36839 Joyce Guymon Smith 515.64 36840 Jymi Adams 255.00 36841 Larry M. Mason 231.40 36842 Latham, Heath 100.00 36843 Latham, Lana 288.13 36844 Long, Benjamin 100.00 36845 Lyle Northern Electric, Inc. 16.30 36846 Meadow Gold Dairies, Inc. 292.27 36847 Medtronic Physio-Control Corp. 594.27 36848 Mexican Water Chapter 3,696.00 36849 Monsen Engineering Co. 254.75 36850 Monticello City 1,340.38 36851 Information only 0.00 36852 Information only 0.00 36853 Monticello Home & Auto Supply 565.41 36854 Information only 0.00 36855 Monticello Mercantile 155.22 36856 Motor Parts 780.23 36857 Navajo Tribal UItility Authority 83.37 36858 NEBS 70.82 36859 Newman Traffic Signs 246.54 36860 Nicholas & Company 1,202.40 36861 Office Depot 119.96 36862 Office Etc. 375.00 36863 Orkin Inc. 190.62 36864 Pacific Plumbing Specialities 157.01 36865 Page Brake Warehouse 474.21 36866 Palmer, Wayne 60.00 36867 Patterson, J.T. 64.29 36868 Penworthy Company 857.55 36869 Precis Communications 38.45 36870 Questar Gas 8,063.70 36871 Quill Corp. 302.66 36872 Ramada Inn 130.00 36873 Randys Auto 28.30 36874 Recorded Books, LLC. 29.75 36875 Redd, Grayson 18.50 36876 Information only 0.00 36877 Redd's True Valeu 266.53 36878 Regence Blue Cross/Blue Shield 63,027.32 36879 Rocky Mountain Ambulance 111,700.00 36880 Rocky Mountain Power 487.88 36881 Rocky Mountain Home Care 115.66 36882 Salem Press, Inc. 345.80 36883 Sam, Dori 363.71 36884 Sampson, Kristine 470.26 36885 San Juan Building Supply, Inc. 115.66 36886 San Juan County 13.23 36887 San Juan Dental 51.00 36888 San Juan Record 160.95 36889 Schultz, William L. 42.07 36890 Scott Machinery Company 1,325.50 36891 Shumway, Kendall 300.00 36892 SJC Blanding Library 138.03 36893 SJC Landfill Operations 54.78 36894 SJC Monticello Library 260.30 36895 Sysco Intermountain Food Svc. 862.73 36896 Times Independent Publishing 30.00 36897 Tom Growney Equip., Inc. 48.21 36898 TR electric & Supply Co. 356.22 36899 Tri-Hurst construction Inc. 77,180.14 36900 Turri, Bob 405.00 36901 Twin Rocks Cafe 183.25 36902 UniFirst Corp. 153.79 36903 UPS 33.24 36904 USU Extension 546.60 36905 Utah Brand Board 7.50 36906 Utah Dept. of Workforce Services 1,753.30 36907 Utah Foundation 140.00 36908 Utah Highway Patrol 10.00 36909 Utah Legal Service 249.34 36910 Utah LTAP Center 80.00 36911 Utah State Tax Commission 12.20 36912 Utah State Treasurer 14,485.57 36913 UWI 11.89 36914 Verizon Wireless 35.79 36915 Ward, Meghan G. 20.00 36916 WF Communications 809.25 36917 Wheeler Machinery Company 30.62 36918 Wheeler, James 20.00 36919 Adams, Bruce 398.70 36920 Airpac, Inc. 49.70 36921 Alco Discount Store 43.91 36922 Amerigas-Blanding 1,001.25 36923 Amerigas - Blanding 1,249.82 36924 Amerigas - Green River 478.69 36925 Blue Mountain Meats, Inc. 170.43 36926 Franklin Covey co. 22.14 36927 Monsen engineering Company 90.00 36928 Monticello Home & Auto Supply 198.41 36929 Nicholas & company 384.72 36930 Patterson, J.T. 80.00 36931 Penworthy Company 134.79 _________________________________ _____________________________ Bruce B. Adams, Commission Chairman Dianne F. Neuss, SJC Deputy Clerk