SAN JUAN COUNTY COMMISSION MEETING June 18, 2007 The regular meeting of the San Juan County Commission was held on June 18, 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 Rick Bailey, SJC Administrator Norman Johnson, SJC Clerk/Auditor Dianne F. Neuss, SJC Deputy Clerk Attendees: Krisanne Bender Dan Rogers Howard Randall Monty Perkins Ed Tapaha Louise Jones Commissioner Lynn Stevens made a motion to approve the minutes of June 11, 2007 with corrections. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Dan Rogers - SJC Mental Health Dan presented the Annual Area Service Plan for Mental Health and Substance Abuse for Commission approval and signature. The Area Service Plan meets the County's obligation to provide details of services and programs relating to Mental Health and Substance Abuse. Dan noted that the services have not changed since last year when satellite services were discontinued due to financial considerations. The main office and the treatment center are located in Blanding. Dan said that the budget is basically 1.1 million dollars a year and $300,000 is allocated for substance abuse prevention and services. The funds are provided from the State and Federal sources with a 20% match from the County as set by State law. Commissioner Stevens asked if Board Members had the opportunity to review the Plan. Dan said that they reviewed it last month. He offered to provide a summary of the plan next year if it would be helpful to the Commission. Dan received a letter from the State suggesting a few changes to the Plan. Commissioner Adams discussed the fact that one of the goals is provide outreach services again. Commissioner Stevens noted that the State Legislature committed $70,000 in funding for Mental Health and Substance Abuse and that we should contact our representatives before October to make sure that this funding continues. Commissioner Adams reported that UNHS would like to enter into a contract matching the $70,000 to provide services on the Reservation. Dan will follow up with UNHS representatives. Commissioner Stevens cautioned that we should be sure that the money provided to establish services will continue on an ongoing basis ensuring continuity of care and services to clients. Commissioner Lynn Stevens made a motion to approve the Annual Area Service Plan for Mental Health and Substance Abuse including any changes requested by the State Office. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Dan reported that after meeting with Judge Anderson, Sheriff Lacy, County Attorney Craig Halls as well as with prosecutors and public defenders, he wrote a proposal and, through various sources of funding, a SJC Adult Felony Drug Court is being established. It will be held in Judge Anderson's Court once a week. Before the individual makes an appearance in court, the treatment specialist and prosecuting attorney will meet to discuss the status of the case. Dan said that he received information after submitting the proposal and obtaining funding that Attorney Halls expressed his concern about the additional time he will have to devote to this new service. Attorney Bill Schultz also had questions regarding increase in his work load. After discussion, it was decided that the new responsibilities already fall into the category of the County Attorney' responsibilities and, since Mr. Schultz has a contract with the County to provide his services, the County will have to increase the budget for his services if necessary. Judge Anderson indicated that the Drug Court may be held on the same day that court is usually held. Norman Johnson - SJC Clerk/Auditor Norman discussed setting the 2007 tax rate. He explained that the tax rate could be set as is or lowered but his recommendation is to keep it as is. Over time, it becomes constant and the rate ensures the same revenue to run the County as the previous years. This year's rate will increase revenue by $303,349. The following are the 2007 certified tax rates: General Operations - 0.002788 Library - 0.000574 Tort Liability - 0.000094 Health - 0.000194 State Assessing & Collecting - 0.000140 Local Assessing & Collecting - 0.000302 Commissioner Lynn Stevens made a motion to approve the 2007 Certified Tax Rates. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Louise Jones - SJC Recorder Louise requested approval for the purchase of a new computer. She presented two bids and recommended going with the low bid from Tiger Direct in the amount of $1,050.98. Commission Lynn Stevens made a motion to approve the purchase of a computer from Tiger Direct in the amount of $1,050.98. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Monty Perkins - SJC Maintenance Supervisor Monty presented a bid from Flooring America to provide carpet for the County Attorney's office. He recommended purchasing the carpet from Flooring American in the amount of $1,275. The same company provided the carpet for the Public Safety area and Monty would like to match the carpet. Commissioner Lynn Stevens made a motion to approve the bid for carpet from Flooring America as recommended. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Monty requested approval for two cement projects. The first is to remove and replace asphalt with 6" concrete in the parking area on the north side of the Safety Building and the other project is to provide a handicap access walkway at the entry of the Courthouse. Commissioner Lynn Stevens made a motion to approve the two cement projects for the parking lot at the Safety Building and the for the entryway to the Courthouse. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Monty discussed details of an issue, previously addressed by the Commission, regarding the area around the Blanding Senior Center. He made a request that the County deed eight foot of County owned property to the CEU and erect a fence. CEU would pay for the cost of the fence, if approved. The eight foot of property would allow additional parking for the CEU Building and the fence would discourage vandalism as well as improve the aesthetics. Monty noted that Calvin Hunt recently retired and he is not sure the new person in charge will agree with the plan. After discussion of the issues, there were no objections to Monty's recommendations. Commissioner Lynn Stevens made a motion to allow Monty to proceed with his recommendations. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens - Brenda Harvey - Southern Fair Since Brenda Harvey proceeded with work on the arrangements for the 2007 Southern Fair, with the understanding that she would manage the fair again this year. Commissioner Stevens suggested that she be paid the $5,000 that was agreed upon for her time and work. A decision was made to follow a different process to designate a manager this year. Commissioner Maryboy said that the venue for the fair, The Bluff Arena, is being redesigned to allow for new events planned for the Southern Fair. The cost for the work will be approximately $5,000. They will utilize County equipment for the project. A manager for the fair will be designated at next week's meeting. The Commission agreed that the cost for work on the arena should be handled independently and should not come out of the fair budget. Commissioner Stevens made a motion to approve compensation in the amount of $5,000 to be paid to Brenda Harvey. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens made a motion for Commissioner Maryboy to oversee the Southern Fair and to allocate $5,000 for management of it. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens made a motion to assess the Bluff Arena to determine an overall plan and work that needs to be completed. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. The compensation paid to Anna Thayn, Manager for the San Juan County Fair, was discussed. All agreed that her responsibilities are greater than those of the Southern Fair Manager. The SJC Fair takes place over a two week period whereas the Southern Fair is held for three days. Anna will be contacted for her input and a proposal based on her duties. Commissioner Stevens suggested that Anna be invited to the next Commission meeting to address the issue. Rick Bailey - SJC Administrator Rick presented a building permit for approval and signature for a residence in Montezuma Canyon. John Bull - Montezuma Canyon - Residence Commissioner Kenneth Maryboy made a motion to approve a building permit for John Bull for a residence in Montezuma Canyon provided all signatures are received. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick presented three contracts for signature for reimbursement of funds. The first is for Rocky Mountain Home Health Care - HCBA (2005-06), the second is a Contract to Purchase Case Management and Home Health Services (2006-07) and the third is for the San Juan County Area Agency on Aging - Medicaid Waiver Program (2007-08). Commissioner Lynn Stevens made a motion to approve for signature all three contracts for reimbursement for the Aging program. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick presented a request from the Road Department to purchase a road grader. Two bids were received and the recommendation is to purchase a John Deer grader from Scott Machinery Company in the amount of $109,339 after trade-in. Commissioner Lynn Stevens made a motion to approve the purchase of a John Deer grader from Scott Machinery at a cost of $109,339 after trade-in. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick requested approval to purchase of a used flatbed from Shumway Auto for a fire truck for Bug Point. The only problem is that it has a wooden bed. The cost of the flatbed is $750.00. The bed could possibly be replaced. Commissioner Kenneth Maryboy made a motion to approve the purchase of the flatbed from Shumway Auto for $750.00. Commissioner Stevens seconded the motion and to evaluate replacing the wooden bed. Commissioner Bruce Adams declared the motion carried by unanimous vote. Rick attended the AOG meeting in Price last week for Commissioner Adams. An interesting issue pertaining to community growth was discussed. He said that SJC's projected growth over the next 40 years is .6%. Other county projections for growth were lower except for Grand County, with a projected growth of 1%. Another topic addressed was the San Juan and Grand County cellular phone service. Open Time and Other Business Howard Randall, SJC Assessor, requested use of funds from the MCAT (Multi County Appraisal Trust) to pay for membership, dues and renewal of handbooks for the Assessor's office. Howard received a billing from UAC for the past dues and fees from 2004 and 2005 and for the 2007 fees and dues. Commissioner Lynn Stevens made a motion to allow for the use of the MCAT funds for payment of the dues and fees. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. The Commission discussed the Westwater area and its assessed property value. If a current assessment of the property could be done, it could yield an increase in property taxes that the County could earmark for making much needed improvements. A suggestion was made to re- assess the property and bring it before the BOE for approval. Since the Navajo Nation is the property owner and, it is private property, the increased assessed value may prompt them to provide information and documentation related to the status of ownership of the property. Commissioner's Reports Commissioner Maryboy attended and Economic Development Committee Meeting last week. . IGR approval, wind power, problems at Shiprock and Gaming were issues addressed. He attended the Red Mesa Chapter meeting and the NAPI meeting in Farmington, N.M. The NAPI established a scholarship fund that will be offered for students interested in agricultural studies. He plans to be in the County this week. Commissioner Maryboy said that he was notified of an incident that occurred last Thursday and Friday in Aneth. A semi-truck caught fire and although police and emergency crews were contacted, the fire continued to burn and caused smoke in the area for an extended period of time. He said that members of the area communities were very frustrated and angry because the fire was allowed to continue burning and was still producing smoke on Saturday. He commented that the staff should have responded more appropriately to the incident. Commissioner Maryboy reported that the Navajo Nation is still negotiating the water rights issue. The Commission discussed the water agreements made by New Mexico and Nevada. It was noted that anytime water is taken from the San Juan River it effects the Utah Navajos and they should be included in the decisions being made. Commissioner Lynn Stevens attended the Canyon County Partnership Meetings on Thursday and Friday of last week. He attended the Navajo Trust Fund Board Meeting last Friday but the Homelessness meeting he planned to attend was not held. Commissioner Stevens thanked Rick for attending the AOG on such short notice. Commissioner Stevens asked if Commissioners Adams and Maryboy if they would be available to attend the 4th of July Parade in Blanding. Both Commissioner Adams and Maryboy have previous commitments and will not be available to attend. Commissioner Adams will travel to Park City after today's meeting to attend the International Symposium for Social and Resource Management tomorrow. He will then be back in the County for the rest of the week. He plans to attend the USACCC meeting in Price on June 22nd. He will attend the UAC Board Meeting on Friday in Layton. Commissioner Adams said that he invited Christine Mikell to meet with the Commission following next week's Commission Meeting to discuss renewable energy and funding for wind power projects. She is especially interested in discussing renewable energy and wind power with Commissioner Maryboy to improve power on the Reservation. Commissioner Maryboy said that he and others from the Navajo Nation plan to visit a wind farm on June 22nd in California. Commissioner Lynn Stevens made a motion to adjourn the meeting at 11:05 a.m. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried. 11:10 a.m.- Steve Meehan - Appeal of Termination Mr. Meehan's Appeal of his termination was heard. 11:20 a.m.- Commissioner Stevens made a motion to go into an executive session to discuss Mr. Meehan's Appeal. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. 11:31 a.m. Commissioner Stevens made a motion to exit executive session. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens stated that Mr. Meehan's Appeal presentation contained threats of retaliation as well as allegations, none of which had anything to do with the reasons he was dismissed from his position. Commissioner Stevens made a motion that Mr. Meehan's Appeal be denied and that his termination remain in place. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Check# Payee Amount 39076 A Lot of Fun Stuff 6,050.00 39077 Adair, Chris 118.69 39078 Alan's Body Shop 2,245.75 39079 ALLTEL 10.48 39080 Amazon Credit Plan 42.42 39081 Avien Media 130.00 39082 Balch, Calvin 71.83 39083 Bauer, Chuck 50.00 39084 BCL Distributing Co. 221.76 39085 Bennett Management Serv. LLC 716.14 39086 Blanding Senior Center 42.88 39087 Blue Mountain Foods 64.66 39088 Blue Mountain Meats Inc. 2,343.55 39089 Blue Mountain Panorama 451.35 39090 Bluff Water Works 30.00 39091 Bonneville Livestock Inc. 25.00 39092 Bound Tree Medical, LCC 776.18 39093 Bradford, Michael 18.50 39094 Brantley Distributing, LLC. 503.90 39095 Business Systems Group 216.00 39096 Butler, Troy 46.51 39097 BW Landmark Inn 68.00 39098 Calvert, Desi 25.00 39099 Carhart Feed & Seed, Inc. 71.69 39100 Cartegraph Systems, Inc. 1,000.00 39101 CIMS 372.00 39102 Cirone Computer Consulting Inc 2,100.00 39103 Clark Security Products, Inc. 239.50 39104 Clark, Monette 98.50 39105 Class Ropes 1,350.00 39106 Connected Technologies 56.83 39107 Cortez Diesel Sales, Inc. 3,065.03 39108 Craig Simpson 71.83 39109 Demco Media 159.33 39110 Display Sales Company 50.00 39111 Doug Harkey 50.00 39112 Void - Information Only Check 0.00 39113 Duckwall - Alco Stores, Inc. 361.84 39114 Dwyer's Communications Inc 382.38 39115 Empire Electric Assoc. Inc. 3,646.60 39116 Eschtruth, Brian 18.50 39117 Fitzgerald & Fitzgerald 121.54 39118 Francom, Rowland 123.58 39119 Frontier 1,602.33 39120 Galls Incorporated 224.96 39121 Gascard 66,111.88 39122 Grand County Clerk 7,929.24 39123 Grand Valley Foods 434.88 39124 GW&SSA 11,355.00 39125 Hadenfeldt, Marcia 96.56 39126 Hampton Inn SLC Downtown 394.00 39127 Hampton Inn - Cedar City 130.00 39128 Hanson, Pam 817.19 39129 Hendry, Kirsten B. 25.00 39130 Holliday Construction, Inc. 29,568.00 39149 Void - Information Only Check 0.00 39150 Void - Information Only Check 0.00 39151 Void - Information Only Check 0.00 39174 Void - Information Only Check 0.00 39201 IDville 3,524.00 39202 Ingram Library Services 596.54 39203 Intouch Paging 17.87 39204 Jones & Demille Engineering 2,462.00 39205 Jones, Tim 18.50 39206 Joyce Guymon Smith 201.04 39207 Krall, Joella 28.64 39208 Latham, Lana 75.87 39209 LexisNexis 487.00 39210 Meadow Gold Dairies, Inc. 438.00 39211 Med-Tech Resource, Inc. 481.79 39212 Medtronic Physio-Control Corp. 594.27 39213 Seth James Anderson 150.00 39214 Yezgeniy F. Anishchenkd 50.00 39215 George Robert Martens 50.00 39216 Monsen Engineering Company 153.09 39217 Montella's Repair Inc. 283.00 39218 Monticello City 167.18 39219 Void - Information Only Check 0.00 39220 Void - Information Only Check 0.00 39221 Void - Information Only Check 0.00 39222 Monticello Home & Auto Supply (151.69) 39222 Monticello Home & Auto Supply 1,972.60 39223 Monticello Mercantile 27.99 39224 Mueller, Lou 958.64 39225 Muhlestein Greenhouses 279.50 39226 National Alliance of Gateway 250.00 39227 Navajo Tribal UtilityAuthority 87.42 39228 Neuss, Dan 94.62 39229 Nicholas & Company 2,171.53 39230 Office Depot 319.98 39231 Office Etc. 77.90 39232 Patterson, Corey 166.50 39233 Penworthy Company 21.23 39234 Questar Gas 1,983.42 39235 Quill Corporation 850.55 39236 Rainbow Air 3,000.00 39237 Redd, Susan 84.00 39238 Redd's True Value 16.14 39239 RGJ, Inc. 374.15 39240 Rocky Mtn. Home Care 6,139.19 39241 Ross Products, Inc. 491.04 39242 Safety Supply & Sign Co., Inc. 1,457.82 39243 Salem Press, Inc. 184.00 39244 Void - Information Only Check 0.00 39245 San Juan Clinic 1,224.00 39246 San Juan Pest, Weed,&Termite 175.00 39247 San Juan Record 344.40 39248 Schultz, William L. 540.24 39249 SHELL 109.47 39250 Shumway, Shawna 156.26 39251 Sonderegger Inc. 116.87 39252 Southeastern Utah District 366.00 39253 Standard Batteries of SLC Inc. 93.04 39254 Steve Regan Co. 2,901.92 39255 Stumps / ShindigZ 996.95 39256 Sysco Intermountain Food Svc. 352.50 39257 Taylor, Susan 11.00 39258 Tel America, Inc. UCN, Inc. 72.87 39259 Thriftway Marketing Corp. 772.56 39260 UniFirst Corporation 132.91 39261 USU Extension 271.56 39262 Utah Division of Real Estate 403.00 39263 Utah Highway Patrol 25.00 39264 Verizon Wireless 214.24 39265 WF Communications 7,027.50 39266 Wick, Tracy 50.00 39267 Willow Creek Inn 79.00 39268 Young, Amber 177.00 39269 Young, Kim 75.00 39270 Zions Bank 22,828.63 39271 Duckwall - Alco Stores, Inc. 39.84 39272 Quill Corporation 49.22 39273 Rainbow Air 170.55 39274 Derk T. Hunter 100.00 ___________________________________ ______________________________ Bruce B. Adams, SJC Commission Chair Dianne F. Neuss, SJC Deputy Clerk