SAN JUAN COUNTY COMMISSION MEETING May 29, 2007 The regular meeting of the San Juan County Commission was held on May 29, 2007 at 9:00 A.M. in the Commission Room at Monticello, Utah Present: Bruce Adams, Commission Chair Kenneth Maryboy, Commission Vice Chair Lynn Stevens, Commissioner Norman Johnson, SJC Clerk/Auditor Rick Bailey, SJC Administrator Dianne F. Neuss, SJC Deputy Clerk Attendees: Brandy Tomhave Cyndi Eldredge Jeff Tomhave David Bronson Bob Bushart Bruce Bunker Daniel Martin Lou Mueller Michael Rosenberg Cleal Bradford Tom Cartwright Charlie DeLorme Steve Brownell The approval of the minutes from the Commission Meeting held on May 21, 2007 was postponed until the June 4, 2007 Commissioner Meeting. Brandy and Jeff Tomhave - Tomhave Group Commissioner Bruce Adams introduced Brandy and Jeff Tomhave of the Tomhave Group, Inc., who are under contract with the San Juan County Commission to help with our lobbying efforts in Washington, DC. Brandy and Jeff reside in Washington, DC and are visiting San Juan County on a fact finding visit and to update the Commission. Brandy thanked the Commission for having them and said that they have been looking forward to their visit to San Juan County. They toured the County by air along with Rick Bailey yesterday to see for themselves the various areas of SJC. Brandy said that their roll is to identify and get the resources for the County from Washington, DC and assist the County to take advantage of available federal opportunities. The three resources they provide are helping to authorize Bills, appropriation of Bills and existing grants, and addressing the primary challenge which is to overcome decision makers lack of knowledge by letting them know who you are, what your needs are and why they should care. Brandy said that through the re-authorization of the Federal Highway Bill, two million dollars was provided for road improvement for projects in Halchita, Mexican Hat and Aneth and, in addition, two million dollars for the Navajo Mountain Road which is important for transportation and for their water. She was very excited to see the equipment on site at Navajo Mountain and said that this is a good example of what can be done with the cooperation and partnership of multiple jurisdictions and agencies and with congressional support which was garnered through the telling and retelling of the story of the people on Navajo Mountain. They were successful in getting an annual appropriation Bill passed with one million dollars earmarked for FY04 for Navajo Road 35 and saw the end results of their efforts when they drove on the road. They have requested another two million dollar earmarks to finish the second half of the project. Brandy said they do not take the lead on grant writing but make sure that the community is aware of unique and sometimes under-reported grant opportunities and try and line up political support for the grant requests within the agencies. They assisted in getting a one million dollar grant request from the County to Federal Lands Highways through the State Department of Transportation for the Oljato Road through the Public Lands Highway Discretionary Grant Program. Commissioner Stevens said that there is another Transportation Commission Meeting on June 20th and we may want to address the Public Lands Highway Discretionary Grant Program at the meeting. Brandy said that staff turnover in federal agency offices and congressional offices is a problem and they provide help to maintain institutional memory within the offices regarding the County's priorities as the staff come and go. Jeff said that they submitted four appropriation earmark requests in this year's funding Bill for the County. Unfortunately, the House is not going to deal with any of the earmarked requests until the Transportation Appropriation Bill gets to the Conference Committee after they return from the August recess and they will not know the results until after August. The four requests are: a two million dollar request to continue work on Navajo Route 35, a three and a half million dollar request to reconstruct and realign the South Hatch Road going to the Trading Post over to Hovenweep, a one million dollar request for the Halchita Bridge and a two and a half million request for an aquifer study for the Spanish Valley Water Project. There is currently a continuing Resolution to fund basic authorizations, without earmarks included, until the final budget is approved. Commissioner Adams noted that the Clay Draw project engineers came down and gave a preliminary cost of 18 million dollars for the project. He has been in touch with Brad Shafer of Sen. Bennett's office regarding the construction of the dam at Clay Draw. The 18 million dollar estimate does not include the diversion of the water. Brad said they could probably come up with about five million for the project but we need all the help we can get for the project because it is most likely the last hope for a reservoir in this area. Jeff said he has been working along with Charles DeLorme on the Telecommunication initiative and utilized the information from the Telecommunications Summit that was held here in SJC. He suggested that it would be an advantage to arrange a Congressional Hearing on the subject here in San Juan County in the fall or spring to follow up on what we have been working on. He said they would help to organize the Hearing and contact Congressman Matheson to get his support and help. They are working on the re-authorization of the Farm Bill as well as the re-authorization of the Telecom Act of 1996. Congressman Matheson is a member of the House Energy and Commerce Committee and can also help with these issues. Brandy discussed the drought situation and in addition to Clay Draw Reservoir project she said that the San Juan River Settlement Act was reintroduced and that it is critically important to enact the settlement that the Navajo Nation has entered into with the State of N.M. regarding water rights and water service delivery projects. This will allow for providing new water lines from Aneth to Red Mesa and from Oljato to Mexican Hat if and when the funds become available. Brandy suggested that SJC expand their master plan to include projects that allow the County to partner with the Navajo Nation so that the projects are eligible for funding through the settlement act. They will assist the County is getting Senator's to focus on this issue and also act as a liaison in Window Rock so that everyone is on the same page at the same time. The two other issues that Brandy and Jeff have just begun to work on are assisting the Victims of Mill Tailings Exposure Group to develop legislation strategies to help get the health monitoring and treatment services which are long overdue. Brandy suggested that the first step would be to schedule a Congressional Field Hearing, again, with the help of Congressman Matheson through the Energy and Commerce Committee. Brandy and Jeff have a meeting scheduled tonight with the Victims group. The second issue is related to the Westwater Community and their continued needs. Westwater is not within the boundries of Blanding and is not on the Navajo Reservation. They will meet with the Mayor of Blanding and others to discuss the problems and issues related to this community. Commissioner Stevens and Commissioner Maryboy offered suggestions relating to this problem. Cyndi Eldredge - SJC Human Resources Cyndi reported that the individual who was approved for the Fairgrounds Maintenance Worker position did not accept the position. After interviewing for the position again, Cyndi recommended Joshua Shakespeare for the temporary position which is at Step 33. Commissioner Kenneth Maryboy made a motion to approve hiring Joshua Shakespeare for the Fairgrounds Maintenance Worker temporary position at Step 33. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens - Canyonlands National Park Road Issues Commissioner Stevens said that the National Park Service needs notification that the County Commission approves of the their plan to expand the parking lot near the White Rim Trail and to convert a mile of road near Rustlers Gap to a non-motorized road. These two actions were previously approved by the County Commission and notification of the approval has been requested. Commissioner Stevens made a motion to formally notify the Park Service of the County's approval of the changes in Canyonlands National Park. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. David Bronson - SJC Surveyor - Procurement Request David reported that he received grant funds for the purchase of GPS Data Collectors. He would like to purchase the collectors from Monsen Engineering, Inc, at a cost of $7,790.00. David said the purchase was in his budget. Commissioner Lynn Stevens made a motion to approve the purchase of GPS Data Collectors from Monsen Engineering, Inc at a cost of $7,790.00. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Lou Mueller - USU Cooperative Extension Lou submitted a request for Out of State Travel to attend the Extension Professional's Organization in Charleston, S.C. in September. She acquired a scholarship for $295.00 from Utah's ESP Chapter toward the cost of attending the conference. The total cost for the trip, less the $295.00 scholarship, is $1,714.00. Commissioner Lynn Stevens made a motion to approve the Out of State Travel request in the amount of $1,714.00. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Tom Cartwright, Steve Brownell, Dan Martin and Michael Rosenberg - Pack Creek Commissioner Bruce Adams noted that Mr. Tom Cartwright, who is a resident of Park Creek, is a World War II veteran who was a Japanese prisoner of war. Mr. Cartwright is the author of a book detailing his experiences during this time and Commissioner Adams commended him for his great service to our country. Mr. Cartwright and his neighbors Mr.Brownell, Mr. Martin and Mr. Rosenberg wanted to verify that the San Juan County Road Department will be servicing the roads in Pack Creek. The work was previously contracted out to the Grand County Road Department. The Commission verified this recent change and said that the County will contract with Grand County for snow removal but that all other road work will be done by SJC Road. Commissioner Adams noted that the SJC Road Department keeps very close track of the work done on County roads and that funding for road work comes from the B-Road State Fund and is not covered by property tax. Mr. Cartwright spoke with Lynn Laws about the change and was very pleased with the new arrangement as are the other residents in Pack Creek. The group asked about police protection in the Pack Creek/Spanish Valley area of the County. Sheriff Mike Lacy recently assigned a deputy to the area. Sheriff Lacy was at the meeting and said he can be contacted in the event that the deputy assigned to the area is not available. The group also questioned the Fire Protection arrangements for Pack Creek. San Juan County has a contract with the Moab Valley Fire Department for fire protection in the area and the cost for this service is paid through property tax. Commissioner Adams thanked the group for their interest. Norman Johnson - SJC Clerk/Auditor Norman reported that all properties had been redeemed prior to the scheduled May Tax Sale on May 24, 2007 at 10:00 a.m. The minutes are as follows: The tax sale, having been properly advertised, was held on May 24, 2007 at 10:00 a.m. in the west lobby of the San Juan County Administration Building, 117 South Main, Monticello, Utah. County Clerk/Auditor, Norman L. Johnson conducted the sale. All properties had been redeemed prior to sales time. There was no one from the public in attendance at the sales time. Minutes Signed This 24th Day of May, 2007 Norman L. Johnson, Clerk/Auditor Norman presented a Resolution for Commission approval expressing disapproval of the proposed "Voter Confidence and Increased Accessibility Act of 2007" (HR 811) which is as follows: A Resolution by the San Juan County Board of Commissioners expressing its disapproval of the proposed "Voter Confidence and Increased Accessibility Act of 2007" (HR 811) WHEREAS, the United States House of Representatives of the 110th Congress is considering a bill titled the "Voter confidence and Increased Accessability Act of 2007" (HR822); and WHEREAS, the effect of the Bill, if adopted, would be to render the current DRE electronic voting machines used by San Juan County, and other counties throughout the State of Utah unlawful, and require a change to a new voting system; and WHEREAS, chance to a new voting system would actually erode voter confidence in the election process, and burden San Juan County with additional expenses associated with a change to another new voting system. NOW, THEREFORE, BE IT RESOLVED, that the San Juan County Board of Commissioners does express its opposition to HR822, currently before the 110th Congress; and BE IT FURTHER RESOLVED, that the San Juan County Board of Commissioners urges the 110th Congress, and in particular the Senators and Representatives serving the citizens of San Juan County, and the State of Utah to reject HR811. Adopted this the 29th day of May, 2007. County Board of Commissioners ___________________________ Bruce Adams, Chairman ___________________________ Kenneth Maryboy, Vice Chairman ___________________________ Lynn H. Stevens, Member Attest: _________________________ Norman L. Johnson, Clerk/Auditor Commissioner Lynn Stevens made a motion to approve and sign the Resolution to reject HR 811. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Norman presented the SJC Valuation Comparison Summary of assessed values of real, personal and central assessed property which has increased by $75,493,688. The increase will generate approximately $250,000 for the County's General Fund. Norman explained that a recent communication from the State saying that, some Districts have not submitted their reports and notifying the County they cannot release tax funds to the Districts until the reports are filed, is a moot point because the County does not provide tax funds for any of the listed Districts. Rick Bailey - San Juan County Administrator Commissioner Adams welcomed Rick back after his recent leave of absence. Rick said that he was very sorry to hear that Commissioner Lynn Stevens will be retiring from his State appointment. Rick presented four building permits for approval and signature. Lynn F. Martin - 134 South Elkridge Road, Monticello - Residence Stephen L. Barnett - 11 North Meadow Lane, La Sal - Garage Anna & Leah Schrenk - 281 East Main Street, Bluff - Commercial Restaurant Craig Barlow - 355 East 850 South, Blanding - Residence Commissioner Lynn Stevens made a motion to approve the building permits provided all signatures are placed. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Maryboy was absent for the vote. An E-mail was received by Charles DeLorme letting him know that the Red Bull Air Race in Monument Valley was televised in Germany and they will send him a DVD. As a result of the TV presentation, a German Group Tour Company will be making plans to bring tourists to the Bluff area. Rick also reported that the County received a $128,000 payment for services rendered by the County during the Red Bull Air Race. Tammy will provide the documentation to the Commission detailing the County's costs for the Air Race. Rick presented two Variances, which were approved two weeks ago, for Commission signature. The variances are for Teague Eskelsen and Brenda Stocks for road materials to be used in their subdivisions. The Commission agreed with Lynn Laws, Road Superintendent, that this would be the last time that a variance of this kind would be issued and that in the future the standard road materials would have to be used. Rick submitted the Official Acceptance by the County to accept Tera Drive Road, #1861 onto the County Road System. Lynn Laws, Road Superintendent signed the acceptance form and it was submitted for Commission approval and signature. The road is located in the Tera Subdivision in Spanish Valley. Commissioner Lynn Stevens made a motion to approve and sign the acceptance of Tera Drive into the County Road System. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried. Rick said about two years ago the County requested funds for equipment and planning from the Utah 911 Committee on behalf of the Navajo Nation and they approved $150,000. Since the grant was awarded, the contract has expired. In order to keep the money in the system, so it can be used when needed, another grant for the same purpose with current dates needs to be approved. Commissioner Lynn Stevens made a motion to approve the new grant request. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick submitted for the Commission's consideration the final Plat for Phase I of the Kane Creek Canyon Estates Subdivision, for approval and signature. Commissioner Lynn Stevens made a motion to approve the final Plat for Phase I of the Kane Creek Canyon Estates Subdivision, provided all signatures are placed. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. The Plat for Spring Draw Subdivision, Phase I, in Old La Sal was presented to the Commission for approval and signature. Commissioner Kenneth Maryboy made a motion to approve Spring Draw Subdivision, Phase I, in Old La Sal provided all signatures are placed. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens was absent for the vote. Rick presented a fifth building permit was submitted for approval and signature. Greg Mefret - 32 South Ranch Road, Spanish Valley - Residence Commissioner Kenneth Maryboy made a motion to approve the building permit for Mr. Mefret provided all signatures are placed. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens was absent for the vote. Rick requested Commission approval to contract with Doug Hall to write the Emergency Operation Plans and updates for the County at a rate of $25.00 per hour. The budget is for this service is approximately $10,000 and is provided by the State. Commissioner Kenneth Maryboy made a motion to approve an independent contract with Doug Hall to write the Emergency Operation Plans for the County. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens was absent for the vote. Cleal Bradford - Trail of the Ancients By-Way and Heritage Area Cleal presented the Commission with updated information regarding the future of the National Heritage Areas Trail of the Ancients - Scenic Byway and discussed various issues including legislation introduced in 2007 to the Committee on Energy and Natural Resources. They are working to support and promote the legislation introduced by Senator Craig Thomas of WY. The Bill, S.278, establishes a program and criteria for National Heritage Areas in the US. Cleal said that this would be a good start in the right direction and supports this Bill. If the Bill is passed, then we will have a better chance of getting Senator Hatch's Bill S.1414, introduced in July of 2005 and referred to the Committee on Energy and Natural Resources. Cleal provided a copy of this Bill. Commissioner Adams said that the Commission continues to support the efforts Cleal and Charlie are making and will follow their lead. If the plan for the Heritage Area needs to be downsized or if additional studies are needed, the Commission will support it. Charles DeLorme announced that Cleal was awarded the State of Utah Tourism Hall of Fame at the State Tourism Conference in Price last week. Commissioner's congratulated Cleal and commended him for all his hard work. Charles noted that he and Cleal met with Brandy and Jeff Tomhave regarding the Heritage project and possible help with getting the Bill that has been introduced. Cleal will meet with Rick to obtain preliminary information to write a grant for the proposed trail from the school to Gouldings in Monument Valley. Commissioner Adams requested that if anybody is taking a trip down to the Hole in the Rock Trail to contact Brett Hadley of UDOT as he would really like to go there. He is very interested in the trail and would like to explore the area. Open Time and Other Business Lynn Laws, Road Superintendent, asked if there is any problem with adding a little more chemical to some road surfaces in some approved subdivisions so that the road holds better. The Commission agreed that Mr. Laws has their support with whatever he needs to do to maintain County roads. Lou Mueller came to the meeting late and expressed her appreciation to the Commission for the approval of her Out of State Travel Request earlier in the meeting. She said that she is getting a report together for the Commission regarding the Family Conference that was held in April. Commissioner Adams asked that Lou report back to the Commission following her trip in September. Commissioner Adams presented an application from Susan DeLorme become a member of the San Juan Mental Health and Substance Abuse Board. Commissioner Stevens made a motion to approve the application of Susan DeLorme for a seat on the Board of the San Juan Mental Health and Substance Abuse. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Maryboy was absent for the vote. Commissioner's Reports Commissioner Stevens spoke to the individual who is interested in building a hanger at the Cal Black Airport and has also been communicating with Rick on the subject. As discussed previously, improvement of the airport facilities would bring tax revenue into the County. Rick proposed writing a letter to the BLM asking for verification of the deed to the property as well as contacting the law firm handing the suit to see what needs to be done to clear the path for improvement of the airport. Since the noise study that was required and completed is now outdated, another noise study will need to be done. Commissioner Lynn Stevens made a motion for the County Commission to pursue actions to increase services and improve the facilities at the runway at Cal Black Airport and give guidance to the Administrator to provide a list of actions that need to be taken. The first action will be for Rick to forward the letter to BLM requesting information and letting the director know that the County wants to take action and go forward. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens said that a letter was received from Glen Canyon National Recreation Area as a follow up to their visit here. They have extended an invitation to the County to become a Cooperating Agency in the Environmental Impact Statement for Off Road Vehicle Policies allowing County input into the environmental impact statement. Commissioner Stevens made a recommendation that we accept the invitation. Commissioner Lynn Stevens made a motion to accept the invitation to be a Cooperating Agency in the Environmental Impact Statement for the Glen Canyon National Recreation Area. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens attended the Southeastern Health Services District Board meeting last week. The Board approved the budget which included an increase in the budget for San Juan County. The reason for the increase was because the County's assessed value was understated. Commissioner Stevens will travel to Salt Lake City on Thursday and Friday of this week and this will be his last day as the State Public Land Policy Coordinator. Rick said that he and Tammy went to Salt Lake City last week and obtained approval for the State Aging Plan and Budget for the upcoming four years. They discussed the desperate need to replace some of the vehicles for the Aging Service and talked to an individual responsible for Revitalization funding. There is $39,500 left in this fund and it would be available next Monday if an application is submitted for the purchase of the vehicles for Aging Service Centers. Commissioner Adams and Commissioner Maryboy will support the Revitalization funding at their next meeting. Rick said they were also informed of a USDA potential $100,000 in grant funds if we can get an application in by tomorrow. Rick said the County would need to contribute $15,200 in order to be eligible for the grant. Rick requested Commission approval for the allocation of $15,200 which would allow application to the USDA Rural Economic Development for the $100,000 grant for the purchase of vehicles for San Juan County Senior Centers. Commissioner Lynn Stevens made a motion to approve the allocation of $15,200 and to approve and sign the application requesting a $100,000 in grant funds from the USDA, Rural Economic Development Office for the purchase of vehicles for SJC Senior Centers. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Bob Bushart, a Bluff resident, requested a copy of the documentation of the San Juan County Water Conservancy's Renewal of Water Rights to the San Juan River for a power plant. Norman Johnson, SJC Clerk advised him to send a written request for a copy directly to the Water Conservancy District. Commissioner Maryboy said that his recent trip to Park City was very helpful and some of the issues discussed were federal grants and funding and boarder law enforcement. He plans to report back to the Chapters. He noted that the San Juan School District is providing summer school classes at the high school but there is no bus service provided. A suggestion was made to have classes in Bluff instead of Blanding. He will be attending Chapter Planning Meetings this coming week. The Navajo Nation has appointed a Director for the Gaming Office in Window Rock. He will be traveling to Albuquerque, NM on Friday to attend a meeting there. Commissioner Adams attended the Oljato Chapter meeting last Sunday along with Rick and the Acting Director of the Monticello Field Office of the BLM, Mr. Winthrop. He also attended the Park City meeting where they discussed funding and the role of the County Commission and Council Association in UAC. He is leaving today for UCIP training for the rest of the week and will return on Monday. Commissioner Kenneth Maryboy made a motion to adjourn the meeting at 11:45 a.m. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens was absent for the vote. Check # Payee Amount 38732 Kenneth Maryboy 375.00 38733 Adams, Bruce 370.70 38734 Amerigas-Blanding 279.13 38735 Anthem Sports, LLC 147.95 38736 BaseballSavings.com 231.90 38737 Bird, Walter 963.72 38738 Blanding Justice Court 2,066.28 38739 Bradford, Jamin 138.37 38740 Bronson, David 84.50 38741 Bunker, Brace 453.01 38742 Carter Services, Inc. 51.36 38743 Clearfield Justice court 1,505.00 38744 Eldredge, Cyndi 475.33 38745 Farm Center 712.16 38746 Farmington Fire Equipment 286.70 38747 Franklin, Wanda 432.60 38748 Freestone, Alan 73.00 38749 Hendry, Kirsten B. 73.00 38750 Hickman, Kristina 75.00 38751 Homedew, Jeremy 88.00 38752 Intek 5,000.00 38753 Jury Duty Miscellaneous 263.50 38754 JVP, Inc. 1,000.00 38755 Krall, Joella 73.00 38756 Larry M. Mason 252.20 38757 Latham, Lana 588.59 38758 Laws, Lynn 432.60 38759 Monticello Justice court 147.00 38760 Pecak, Andrew 35.00 38761 Professional Collections, Inc. 500.00 38762 Randolph, Paula 452.00 38763 Regence BlueCross BlueShield 36,574.48 38764 Regence Life & Health Ins. 1,659.21 38765 San Juan School District 900.00 38766 Taylor, Susan 40.35 38767 United States Postal Service 1,000.00 38768 Kenneth Maryboy 118.88 _________________________________ ______________________________ Bruce Adams, SJC Commission Chair Dianne F. Neuss, SJC Deputy Clerk