SAN JUAN COUNTY COMMISSION MEETING February 26, 2007 The regular meeting of the San Juan County Commission was held on February 26, 2007 at 9:00 A.M. in the Commission Room at Monticello, Utah Present: Bruce Adams, Chairman Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Rick Bailey, SJC Administrator Dianne F. Neuss, SJC Deputy Clerk Absent: Norman Johnson, SJC Clerk/Auditor Commissioner Kenneth Maryboy made a motion to approve the minutes of February 20, 2007 with changes noted. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote Ben Nielsen - SJC Planning Office Ben reported that he and Charles Kay flew over the Forest Service deer and elk winter range area and took photos. He noted that they did not see any wildlife. He presented a map of the winter range area as well as a map showing the areas that are fenced segregating particular areas for cattle and deer grazing. Charles took 21 rolls of film and will submit his evaluation report in a week or so. Assistant Attorney Walter Bird - Human Resources Office Since the San Juan County Sheriff's office has assumed the State's Sex Offender Counseling Program, Walter requested approval to hire Derik Bethea as the full time employee at a salary of $4,297 a month with benefits. Although he will be employed by the County, it is a contract position funded through the State Department of Corrections. Mr. Bethea was previously employed as a therapist for San Juan Mental Health and has seven years experience. Commissioner Lynn Stevens made a motion to approve the recommendation to hire Derik Bethea as therapist for the Sex Offender Counseling Program at the SJC Correctional Facility. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Walter requested approval for the reclassification of Cyndi Eldredge's position, Human Resources Assistant, due to her added responsibilities as Risk Manager, Safety and Insurance Coordinator for the County. It is recommended that the position be reclassified from Step #71 to a Step #139 with the appropriate adjustment in compensation. Walter advised the Commission that Cyndi is doing a fine job with her new responsibilities. Commissioner Kenneth Maryboy made a motion to approve the recommendation to reclassify Cyndi Eldredge's position with the appropriate adjustments. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Philip Palmer - Blanding Cemetery District Philip requested a tax refund in the amount of $282.00 for property tax which was paid to the County by the Blanding Cemetery District. In April of 2005 the Cemetery District purchased five acres of land to complete their expansion plan (parcel B36220264206). This property should have been designated as exempt from property tax but due to a clerical error, the County assessed taxes to the property. Commissioner Stevens will contact Howard Randall, SJC Assessor, and ask him to follow up with Mr. Palmer to correct the error and refund the $282.00. Rick Bailey - SJC Administrator Rick reported that he has received the preliminary drawings from the architects for the proposed building in Mexican Hat. The building will be utilized for elections, weatherization programs, fire training and possibly for other community functions. Some areas in the building will be shared between the occupants. Rick will submit a grant request to the CIB for the entire amount needed for the project which is projected to be $789,241.55. Rick said that the Mexican Hat Special Service District is running into some financial problems (fees are not sufficient to cover the loan payment and operational expenses of the Service District). Rick said that there is money left in the CIB fund ($18,000) that could potentially be available for draw-down but requested that the County provide some financial help in the form of a credit line to the District until additional funds are obtained. Since there is no Board in place, the responsibility for the district falls on the Commission. Commissioner Stevens said the district has an outstanding interest-bearing loan in the amount of $170,000 and that grant funds or a non-interest bearing loan should be sought, possibly from the CIB. If an application is made to the CIB it would have to be submitted in April in order to receive funds by August. Commissioner Stevens suggested combining the two requests to the CIB for the Mexican Hat building project and the Service District. In the meantime, Rick will ask Walter Bird to draft an agreement and set up a credit line with the understanding that the funds will be paid back to the County. This issue will be addressed again after Walter has a chance to make these arrangements. Rick said that the LeGrand Johnson Construction Company is re-mobilizing their efforts to begin work on the Monument Valley Multi Purpose Building project on March 1st. They would like to complete the both sites (the parking lot and the road that goes to the clinic) by the end of June. Rick said he has a followup meeting on Friday at Window Rock to address the utilities, electric and water and that there is an urgency to address these issues before construction begins. Commissioner Maryboy will also attend the meeting. Representatives from NTUA and Tony Dayish, of the Utah Navajo Trust Fund, will be at the meeting. Rick noted that there is a right-a- way issue and Commissioner Maryboy will try and contact Ken Craig, of the NTUA, to discuss it with him. The metal braces were delivered for the fence but the plan is to wait until after the road work is completed and utilities are installed to erect the fence. Rick said we received a letter from the State Court Administration advising us that the San Juan County Justice Court has been re-certified for the next four years. Rick requested that the County purchase portable compressed foam systems for the fire departments. The funding will come from Homeland Security grant funds in the amount of up to $20,000. Commissioner Lynn Stevens made a motion to approve spending up to $20,000 for portable compressed foam systems. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick said that the County Emergency Service Department has been trying to find a used refrigerated trailer to haul ice, drinking water and food and they have located one in SLC that seems to fit the requirements. He would like someone from the Road Department to take a look at it and take an oil sample. A trip to SLC is already planned by the Road Department to pick up trucks for the County. The trailer is $5,000 and would be paid for from Homeland Security funds. Commissioner Stevens suggested that other systems in the trailer should also be checked before purchasing. Commissioner Kenneth Maryboy made a motion to approve the purchase of the used trailer not to exceed $5,000. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick requested approval to attend the National Governor's Convention on March 21 through the 23rd in Los Angeles. He has been asked to serve on two different panels to address rural issues. The State will pay for the trip with no expense to the County. Commissioner Lynn Stevens made a motion to approve Out-of-State travel request for Rick to attend the National Governor's Convention in Los Angeles. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick reported that there will be a Utah Energy Summit in Salt Lake City on April 15th through the 17th in SLC when key energy issues related to clean energy will be addressed. Commissioner Stevens will plan to attend the Summit. Rick said that in order to meet the federal format the County needs to revise and rewrite its Emergency Operating Plans. Rick will try and find someone for this task. Rick recommended hiring Carol Barton to write grants to FEMA Fire to replace fire engines at Montezuma Creek, Bluff, Monument Valley and LaSal. Carol's fee is $1,500 for each grant she writes. Since federal funds cannot be used to pay for grant writing, the County will need to pay for this service. Commissioner Lynn Stevens made a motion to contract with Carol Barton to write grants to FEMA Fire for the County. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Walter Bird, Assistant Attorney, wrote a draft Ordinance to establish the San Juan County Planning and Zoning Commission. It is stipulated that the Commission will be made up of seven members, two of whom will be at-large members. A SJC employee will also be assigned to the Commission to help with their needs. So the Public has an opportunity to read the Resolution beforehand, it was decided that the Ordinance will be published in all three newspapers and on the County website. The Public Hearing will be set for March 19th. It is understood that the Commission will appoint members to the Planning and Zoning Commission and will serve as the Board of Appeals for the new Commission. Commissioner Lynn Stevens made a motion to approve publishing the proposed Ordinance forming a County Planning and Zoning Commission for the unincorporated areas of the County and make the Ordinance available to the Public with the Public Hearing set for March 19th. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried. Rick reported that the Federal Government pulled the National Nuclear Security Administration's efforts to test the Divine Strake in Nevada. A letter from the San Juan County Commission was sent to Senator Hatch thanking him for his support of our efforts to protect the health of our citizens. Rick plans to attend the Eastern Utah TV Group Meeting on Wednesday in Price. Rick presented an application from Nels Warner to serve on the Water Conservancy Board taking Charles Redd's place. After reviewing his resume, it was decided that he would be an excellent candidate for this appointment. Commissioner Lynn Stevens made a motion to approve the appointment of Nels Warner to the Water Conservancy Board. Commission Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick presented a request for approval of Flat Iron Mesa Phase XIX (19), lot 35. Rick Myer approved the recommendation but we will need his signature. Commissioner Lynn Steven made a motion to approve Flat Iron Mesa Phase XIX, lot 35 with the stipulation that it be signed by Rick Meyer. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried. Rick reported that CPR and First Aide Training Classes are planned for all County employees on March 14th and 15th. Paula Randolph and Linda Larson worked hard to organize the training and it is very much appreciated. Sheriff Mike Lacy - Employee Issue Sheriff Mike Lacy informed the Commission of an error in one of his employee's rate of pay. The overpayment was in the amount of $41.00 per month and was not discovered until recently when the new pay rates went into effect and the employee did not get the raise expected. The overpayment amounts to a total $480.00 and is attributed to an oversight by the County. Sheriff Lacy recommended that the employee not be required to repay the money. Commissioner Lynn Stevens made a motion to go along with Sheriff Lacy's recommendation. Commission Maryboy seconded the motion Commissioner Bruce Adams declared the motion carried by unanimous vote. Open Time and Other Business There was no other business to conduct. Commissioner's Reports Commissioner Maryboy will attend meeting with the Navajo Nation this week when issues were discussed related to the State of Arizona's interference in Native American affairs. He also attended a meeting in Farmington, NM of the LGS Committee on Friday where there was discussion related to starting a Bingo Hall. He attended legislative meetings in Salt Lake City last week meeting the Representative King and Senator Mike Dmitrich. He mentioned that he also ran into Senator Hatch and spoke to him briefly. Legislative bills that he is concerned with are the Math Coaching bill which would provide help for students, a bill related to the human remains issue and a bill dealing with minority business issues. He will plan to attend the meeting on Friday at Window Rock to discuss the utilities at Monument Valley. Commissioner Stevens attended the legislative sessions in Salt Lake City last week. He attended the UAC meeting on Thursday and the Rural Caucus on Friday morning. He briefly discussed school issues and noted that counties have no authority over school boards, how money is spent or other issues. Commissioner Stevens plans to travel to Salt Lake City to attend the legislative sessions which end Wednesday night. He will also attend a conference on Wednesday on wind power and a dinner Wednesday evening. He plans to leave at the end of the week for Washington, D.C. to attend the National Association of Counties and will return on March 10th. Commissioner Stevens said that Lyman Farms is holding its annual "Farm Days" for elementary school-aged children in the County. Although they receive some funding from the Farm Bureau for this event, they are in need of additional funds for transportation and food. The event will be held on April 26 through the 28th. After discussion, it was decided that the County could contribute $2,000 toward the cost of this event paid from the Commission's General Fund. Children are transported from all over the County to attend the event and it is estimated that 2000 children participate as well as approximately 1000 adults. Commissioner Lynn Stevens made a motion to provide $2,000 for the Farm Days event. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens said that the Norman Johnson brought to his attention the need to upgrade our recording equipment for Commission Meetings. All agreed that the equipment we have now is inadequate and that it needs to be replaced. Additionally, microphones and speakers need to be installed to assure that people can hear when they are sitting in the back of the room. Commissioner Adams attended legislative sessions in Salt Lake City last week including the UAC meeting on Thursday. He met with Senator Mike Dmitrich and discussed legislation to fund mental health services. Commissioner Adams is hopeful that the bill will pass. If it does, it will provide $200,000 for mental health services. Commissioner Adams will attend the Harvest Energy Summit next Tuesday and Wednesday. Meeting Adjourned: 10:35 a. Check # Payee Amount 37029 Alan's Body Shop 24.00 37030 ALLTEL 15.44 37031 Amerigas-Blanding 888.81 37032 Asbury, Billina 36.00 37033 Barnes Distribution 232.98 37034 Bayles, Bill R. 80.00 37035 Blanding Clinic 142.80 37036 Blanding Senior Center 29.40 37037 Blue Mountain Foods 33.92 37038 Blue Mountain Meats, Inc. 750.21 37039 BW Cottontree Inn 62.10 37040 Caselle, Inc. 291.00 37041 CEU San Juan Campus 300.00 37042 Chamberlin Architects 2,010.00 37043 CHCS 337.28 37044 Chevron & Texaco Card Serv. 416.97 37045 Cortez Diesel Sales, Inc. 149.40 37046 Crystal Inn 680.00 37047 D & M Wire Rope, Inc. 603.10 37048 Days Inn Airport 65.70 37049 Divsion of Radiation Control 520.00 37050 DK AG & Auto 189.15 37051 Dwyer's Communications Inc. 953.33 37052 EVCO House of Hose 118.06 37053 Forrest, Jimmie L. 375.00 37054 Four corners welding & Gas 117.10 37055 Four States Tire & Service 1,684.08 37056 Front Page 306.75 37057 Information Only Check 0.00 37058 Frontier 4,397.34 37059 Gareth Stevens, Inc. 735.90 37060 Grainger 80.49 37061 Grand Valley Foods 306.38 37062 Halls, Craig C. 434.70 37063 Hampton Inn & Suites - Orem 69.69 37064 Hinckley Dodge, Inc. 184.28 37065 Ingram Library Services 999.90 37066 Intermountain Drug Testing 580.00 37067 Intouch Paging 32.00 37068 J.C. Hunt Co., Inc. 827.50 37069 Jacco distributing Co. 229.75 37070 JB Restoration & Fabrication 50.00 37071 JCI Billing Services 960.00 37072 Jones & Barlett Publishers 1,093.88 37073 Junior Library Guild 1,500.00 37074 Keyes, James D. 1,488.14 37075 Lacy, B. Mike 36.00 37076 Larry M. Mason 231.40 37077 Larson, Linda 88.00 37078 LaRue's Embroidery 96.00 37079 Lawson Products, Inc. 318.67 37080 Meadow Gold Dairies, Inc. 370.50 37081 Mexican Water chapter 2,672.85 37082 MHL Systems 740.24 37083 Micellaneous Payables 32.00 37084 Micellaneous Payables 400.00 37085 M-One Specialties, Inc. 24.87 37086 Monticello Home and Auto Supply 41.59 37087 Monticello Mercantile 12.98 37088 Mountain West truck Center 49.69 37089 Myers Tire Supply Co. 588.27 37090 Najera, Samuel 30.00 37091 New Country Auto Center 96.88 37092 Nicholas & Company 1,129.51 37093 Office Etc. 90.95 37094 Pacific Plumbing Specialties 217.96 37095 Packard Wholesale co. 308.15 37096 Page Brake Warehouse 231.43 37097 Pitney Bowes Purchase Power 862.50 37098 Public Safety Center, Inc. 435.80 37099 Questar Gas 793.68 37100 Quill Corp. 1,250.49 37101 Red's True Value 23.49 37102 Regional Supply Inc. 44.28 37103 Information Only Check 0.00 37104 Information Only Check 0.00 37105 Information Only Check 0.00 37106 RGJ, Inc. 1,478.70 37107 Rocky Mountain Power 270.44 37108 Salt Lake Community College 173.22 37109 San Juan Clinic 14.00 37110 Information Only Check 0.00 37111 San Juan County 20,270.76 37112 San Juan Record 54.60 37113 Schafer Auto Clinic 69.14 37114 Scott Machinery Company 349.15 37115 Smart Apple Media 142.65 37116 Southeastern Ut Association 1,000.00 37117 Southwest Diesel Specialists 101.74 37118 Standard Batteries of SLC Inc. 283.07 37119 State of Utah 44,364.50 37120 Sterline Trucks of Utah 697.01 37121 Sysco Intermountain Food Svc. 956.60 37122 Tel America, Inc. 89.05 37123 TigerDirect 129.12 37124 Information Only Check 0.00 37125 U.S. Bank Corp. Payment 1,054,224.00 37126 UniFirst Corp. 137.14 37127 UPS 54.45 37128 USU 1,882.46 37129 USU Extension 85.95 37130 Utah Gerontological Society 120.00 37131 Utah Judicial Institute 40.00 37132 Information Only Check 0.00 37133 Verizon Wireless 1,144.15 37134 Wamer Truck Center 119.73 37135 Willow Creek Inn 180.00 37136 Youngs 53.75 37137 Quill Corp. 703.23 37139 Adams, Bruce 394.25 37140 Maryboy, Kenneth 462.90 _______________________________ _____________________________ Bruce B. Adams, Commission Chair Dianne F. Neuss, SJC Deputy Clerk .