SAN JUAN COUNTY COMMISSION MEETING September 4, 2007 The regular meeting of the San Juan County Commission was held on September 4, 2007 At 10:00 A.M. in the Commission Room at Monticello, Utah Present: Bruce Adams, Chairman Kenneth Maryboy, Vice Chairman Lynn Stevens, Commissioner Rick Bailey, SJC Administrator Norman L. Johnson, SJC Clerk /Auditor Dianne F. Neuss, SJC Deputy Clerk Attendees: Bob Bushart, David Carpenter, Tony Dayish, Marilyn Boynton, James Walker Commissioner Lynn Stevens made a motion to approve the minutes of August 27, 2007 with the corrections noted. Commissioner Kenneth seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Cyndi Eldredge - San Juan County Human Resources Cyndi noted that a meeting is scheduled for SJC Department Heads on September 10th, from 8:00 to 10:00 a.m. prior to next week's SJC Commission Meeting. The meeting will reconvene in the afternoon from 2:00 to 4:00 p.m. Utah Counties Insurance Pool will conduct supervisory training for the group. Cyndi conducted interviews for the Monticello Librarian position and requested Commission approval to hire Ricky Richardson for the position. Ricky is presently employed with the County as a part time Library Assistant. If approved, he will go from Grade 5 to Grade 47 with the appropriate increase in compensation. This is a full time permanent position with benefits. Commissioner Stevens made a motion to approve the change in status for Ricky Richardson from part time Library Assistant to full time Librarian in Monticello Library. Commissioner Adams seconded the motion. Commissioner Adams declared the motion carried by unanimous vote. Cyndi presented a recommendation to the Commission for an adjustment increasing Charles DeLorme's salary. She read the justification relating to the requested adjustment. Rick Bailey objected to any action because he was not consulted and is Charles' immediate supervisor. The Commission agreed that the correct chain of command was not followed and will revisit the issue after Rick has the opportunity to review the proposed action. Commissioner Lynn Stevens made a motion to allow for the proper procedure to be followed regarding the proposed adjustment for Charles DeLorme. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Cyndi presented a request for an adjustment for an increase in Susan Taylor's salary. Charles DeLorme is Susan's immediate supervisor and approved of the action. Cyndi read the justification submitted regarding Susan's job responsibilities which include an increase in marketing, graphic design and supervisory responsibilities. In addition, Susan recently completed a graphic design tutorial. Charles said that his budget is strong and there is no problem with funding the increase. Cyndi recommended that Susan go from a Grade 82 to a Grade 148 with the appropriate increase in salary. Commissioner Kenneth Maryboy made a motion to approve the salary adjustment for Susan Taylor. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Cyndi reported to the Commission that she checked with Lester Nixon regarding medical coverage for County part time employees and volunteers and that UCIP does not provide coverage. Cyndi noted three positions are available in the Sheriff's Department: two Deputy Sheriff positions, one for Spanish Valley and the other for Bluff and a Prison Site Facilitator. She also received Dianne Neuss' resignation from her position as SJC Deputy Clerk effective September 21, 2007. Cyndi introduced James Walker, the new SJC Emergency Medical Technician. He was previously employed in Utah County for the Pleasant Grove Fire Department. Commissioner's welcomed James to the County. Charles DeLorme - Director, SJC Economic Development Members of the United States House and Senate Telecommunications Subcommittee will make an on-site visit to the County on April 8, 2008 to inventory and comment on copper and fiberoptic infrastructures in the area. Charles plans to travel to Washington, D.C. in March to lobby the FCC and the FAA and meet with Jeff & Brandy of the Tomhave Group in March. Charles discussed the cell tower site and that his only recommendation was the site on the ridge on the Navajo side of the river Commissioner Maryboy indicated that Red Mesa was disappointed that a tower will not be put on the site. Rick indicated that there are more cell phone users than there are hard line users in the County. Charles said he spoke to Brian Torgerson and he has not received an application to SITLA as yet. Linda Larsen - SJC EMT Coordinator Linda requested approval for Out-of-State Travel for James Walker, EMT. He has already been trained in ICS (Incident Command System) but this class will qualify him to instruct EMT employees in ICS which will be an advantage for the County. The training is provided by FEMA and all expenses are paid except for food. The exact date for his attendance will depend on when a slot is available. Commissioner Lynn Stevens made a motion to approve the Out-of-State travel request for James Walker to attend ICS training when it is available. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Linda requested approval for Out-of-State travel for Sara Mullaly, EMT, to attend a conference in Flagstaff, AZ. The cost of the conference is $600 which will be reimbursed by the Bureau of EMS State Program. Linda noted that all EMT's are required to attend conferences to meet with the re certification requirement of 100 hours of training every four years. This particular conference will afford Sara 20 hours toward her re certification. Commissioner Maryboy asked Linda to provide him with the re certification status for SJC Emergency Medical Technicians. Commissioner Kenneth Maryboy made a motion to approve the Out-of-State travel for Sara Mullaly to attend an EMT Conference in Flagstaff, AZ. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Linda requested approval for the procurement of office furniture for her office. The total cost for the furniture is $1,493 including shipping. This purchase will be funded from this year's EMT budget. Commissioner Lynn Stevens made a motion to approve the procurement request for office furniture for Linda's office. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Tammy Gallegos - Director, SJC Aging Tammy requested approval for the procurement of office furniture from OfficeFurniture.com for her office. The purchase is in the amount of $1,493, including shipping and will come from this year's Aging budget. Commissioner Kenneth Maryboy made a motion to approve the procurement request of office furniture from OfficeFurniture.com for Tammy's office. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Linda and Tammy requested approval for the procurement of furniture for Susan DeLorme's office in the amount of $1,206.99. The funding will be paid from budgeted Capitol funding and will be split between the EMS budget and the Aging budget. Commissioner Kenneth Maryboy made a motion to approve the procurement request for furniture for Susan DeLorme's office. Commissioner Lynn Stevens seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Evan Lowry - SJC Planning Evan provided members of the Commission the three volumes of the RMP from the Moab BLM Field Office. He asked Commissioner's to review the RMP and submit comments. The response is due back in 90 days. The Monticello BLM Field Office will release their RMP in October with comments due in 90 days, as well. Evan is in the process of reviewing the Moab RMP. Rick Bailey - SJC Administrator Rick presented two building permits for Commissioner approval and signature. Kevin Irvine - 55 North Quail Court, Mt. Peal, Spanish Valley - Garage Steve Collins - 98 East Mt. Peale, Spanish Valley - Addition to home Commissioner Lynn Stevens made a motion to approve the building permits provided all appropriate 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. Rick presented an Agreement for Installation and Maintenance of two cattleguards on County Road #349 for Commission approval and signature. The request is from Jimmy Richardson who will pay for the cattleguards which are $2,000 each. Lynn Laws, Road Superintendent, signed off on the agreement. Commissioner Lynn Stevens made a motion to approve the Agreement to install and maintain the two cattleguards for Jimmy D. Richardson. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous. Commissioner Adams said that he has had inquiries regarding the County's "fencing in" ordinance. He said that there seems to be a disagreement between ranchers and farmers regarding this ordinance. After discussion, it was decided that the State Statutes should be reviewed as well as how other counties handle this issue. Rick said that he thinks that our County is the only County that has not changed the requirement for property owners to "fence out" livestock. Rick will ask Walter Bird, Attorney, to review this issue for review at a future Commission Meeting. A suggestion was made to have property owners share in the cost of fencing. Rick said that open bids were accepted for the construction of the four intersections in Spanish Valley. The job was bid out as one project and as four separate projects. LeGrand Johnson Construction submitted the only bid. The highest cost ($653,166.60) is for the top of Blue Hill. Rick said he was not expecting the cost to be as high but that the three other bids on the intersections (Pack Creek, Ken's Lake and Sunny Acres) came in as expected. LeGrand has agreed to make some cuts based on adjustments and concessions. Funding from the B-Road fund, Transportation District, as well as from other sources was discussed. Rick plans to discuss the plans with the County engineers. Rick said that a list of proposed and planned projects for the next five years will need to be submitted to the CIB by the end of October. Commissioner Adams said that the Enhancement Project request for $600,000 for a path from Gouldings to the School, could be put on the list for 2009. Commissioner Stevens, Adams, Rick and Norman will attend the CIB hearing at 8:30 a.m. on Thursday of this week to support the request for the Mexican Hat Project. Harold Keylon is retiring from his position at the San Juan Landfill on January 8, 2008. Rick advised that the position should be advertised well in advance. It will be advertised in-house first and then, if necessary it will be advertised to the public. Howard Randall - SJC Assessor Howard provided the Commissioner's with a list of the BOE recommended adjustments which are the result of BOE public meetings held on August 13th and 20th as well as changes and corrections identified. The Commission reviewed the list and questioned specific actions, which related to change in ownership, size of property, greenbelt status, etc. Commissioner Lynn Stevens made a motion to go into a BOE meeting. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Stevens recommended that the tax for the property purchased by the Letty Jones Heritage Foundation, during the year, be prorated so that the prior owner pays the tax up until the property was transferred at closing and the remainder of the year the property tax will be exempt. The Navajo Nation will be taxed on property owned at the recommended market value of $500 per acre. This goes along with the reevaluation of property in the southern portion of our County. The Commission noted that, if the County is able to collect increased taxes on property in the Westwater area, it would allow justification for spending more on much needed services in the area. Commissioner Lynn Stevens made a motion to accept the recommended changes in the tax roll for San Juan County, specifically approving the exempt status of the Letty Jones Heritage Foundation, which is the new owner of the property in Bluff. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Kenneth Maryboy was absent for the vote. Commissioner Lynn Stevens made a motion to exit the BOE meeting. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Open Time and Other Business David Carpenter said that member of the Bluff community expressed their concern with the increase in taxes. The Commission assured David that the information regarding the process for County property owners to appeal their tax rate was clearly stated in the information sent with tax valuations. Although every effort was made to inform property owners of the process, Howard said that his office will have to consider ways to increase awareness. The fall UAC Conference will be held in Midway at the Zermatt Resort on September 19th through the 21st. All three Commissioners plan to attend. Commissioner Stevens questioned the status of the Cal Black Airport proposed improvements which were discussed previously. Rick said that the BLM is leaving it up to the FAA to deal with the issue and he recommended that we plan to go to Denver to meet with the FAA in person. It was decided that the meeting regarding subdivision approvals and planning and zoning will be held on September 17th at 2:00 p.m. instead of the 10th. Commissioner Stevens will contact David Arrioti and inform him of the change. He also invited a couple of developers to attend the meeting. Charles DeLorme received a phone call confirming the postponement of the Governor's visit to the County until the end of the month. Commissioner's Reports Commissioner Adams was out of the County for most of last week. He will attend the Mental Health Board Meeting at 4:00 p.m. today in the Commission Chambers and also a Spear Meeting at 7:00 p.m. this evening at the Arts and Events Center in Blanding. He will travel to SLC on Wednesday to attend the CIB meeting on Thursday morning regarding the Mexican Hat Project. He will be back in the County on Friday and Saturday. Next week he will attend the Native American Summit Meeting in Cedar City. Commissioner Maryboy will attend the Aneth Chapter Planning Meeting and will travel to SLC to attend the CIB Meeting on Thursday morning. The Navajo Nation Fair is coming up in Window Rock and he attended the Navajo Fair Board Meeting and the plans are going well for the fair which will take place from September 13th to the 16th. Some of the activities are a Parade, Rodeo, Chicken Pull, Song and Dance Pow Wow, Paint Ball Tournament, Pageant, 30 Mile Horse Race, ATV Drag Race and a Motorcycle Rally. County Commissioners are invited to ride in the Parade at 8:00 a.m. on Saturday. This weekend at Bull Hollow the Flint Stone Races for youth with be held with the theme "Don't Drink Alcohol, Burn Alcohol." Proposals for the roads and other projects are coming along very well. The Northern Agency is having a meeting here soon and some recommendations from our Chapters Meetings will be addressed, one of which is water issues. Commissioner Maryboy said that he has been dealing with the recent court ruling in the case brought by Donna Singer and the intension to appeal the ruling. The Bluff Community will be having a Service Meeting tomorrow night and a work session is scheduled for the third Wednesday of the month. He is interested to see what decision will be made regarding the sewer system. Commissioner Stevens was in the County last week. He will attend the CIB meeting in SLC on Thursday morning and on Friday he will attend the Utah Association of Local Boards of Heath Training in Richfield. At 10:00 a.m .on Friday the Navajo Trust Fund Dine Committee combined meeting and he will join the meeting by telephone. He plans to attend the Navajo Trust Fund Meeting on Friday, September 14th at 10:00 a.m. on Navajo Mountain. If possible, he will to fly to Navajo Mountain for the meeting. In addition, Commissioner Stevens will attend the Native American Summit in Cedar City next week. Commissioner Stevens commented on the federal court ruling regarding the case brought by Donna Singer. He said that it has taken four years to finally be heard in federal court and the decision was a shock. The ruling is that the Navajo Nation Courts and other Tribal Courts do not have jurisdiction over State or County employees inside the reservation boundries on non- reservation land, for example the Clinic, which is on Trust Fund land. He said that they did not rule on the merits of the case and that the original suit was in the Navajo Court, which ruled against the defendants. Commissioner Lynn Stevens made a motion to adjourn the meeting at 12:20 p.m. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Check # Payee Amount 40493 Aflac 237.90 40494 AFSCME 56.80 40495 ALLTEL 60.94 40496 Aviation Insurance Managers 5,183.00 40497 Bayles, Lyle 445.48 40498 Begay, Avis 560.00 40499 Bellison, Howard 560.00 40500 Benally, Debbie 18.00 40501 Bitsinnie, Irene 560.00 40502 Blackwater, Virginia 560.00 40503 Blanding City 299.21 40504 Blanding Senior Center 34.49 40505 Blue Mountain Foods 80.45 40506 Blue Mountain Meats Inc. 2,362.94 40507 Blue Mountain Panorama 40.00 40508 Boy, Leroy 36.00 40509 Bureau of EMS 205.00 40510 BW Landmark Inn 211.50 40511 BW Town & Country Inn 520.00 40512 Canchola, Bernice 560.00 40513 Center Printing Co. 169.31 40514 Chee, Brenda L. 10.00 40515 Chevron and Texaco Card Serv. 363.12 40516 Chief, Iris J. 560.00 40517 Child Support Services 866.41 40518 Codner, John 150.00 40519 Coggeshell, Dustin 46.00 40520 Colonial Supplemental Ins. 1,161.95 40521 ConocoPhillips Fleet 84.21 40522 Conseco Health Insurance Co. 1,397.40 40523 Craig C. Halls 490.83 40524 Creamer & Noble Engineers 13,503.07 40525 Crystal Inn 337.00 40526 Desert Rose Inn 136.00 40527 Dwyer's Communications Inc 201.59 40528 Empire Electric Assoc. Inc. 1,844.13 40529 Endter, Robert 150.00 40530 Equitable-Equi-Vest 2,532.50 40531 Far Out Expeditions 250.00 40532 Flower Garden 40.00 40533 Four Corners Business Journal 20.00 40534 Four States Tire & Service 3,638.35 40535 Frito-Lay, Inc. 22.54 40536 Frontier 45.02 40537 Gallegos, David 45.00 40538 Gines, Seresa 150.00 40539 Globalstar USA 104.21 40540 Grand Valley Foods 311.88 40541 Greyeyes, Ella 560.00 40542 Gritton & Associates 125.97 40543 Hardin, Jim 47.50 40544 Hatathley, Ilene 560.00 40545 Holiday, Henry 560.00 40546 Holiday, Julia A. 560.00 40547 Intouch Paging 32.00 40548 Isaac, Alta R. 1,120.00 40549 J.C. Hunt Co. Inc. 1,898.32 40550 John, Patricia 560.00 40551 Johnson, Charlotte 150.00 40552 Johnson, Jeremy W. 150.00 40553 Johnson, John L. 150.00 40554 Johnson, Kira 150.00 40555 Joyce Guymon Smith 169.72 40556 Kaiser Permanente 1,285.72 40557 King, Edith A. 560.00 40558 King, Nathan 560.00 40559 L.N. Curtis & Sons 16,498.16 40560 Laws, Lynn 35.00 40561 Lee, Brian 560.00 40562 LeGrand Johnson Construction 288,537.75 40563 Les Olsen Company 2,549.61 40564 Linda Smith 560.00 40565 Lowe's Business Account 25.00 40566 MD Ranch Cookhouse 39.68 40567 Meadow Gold Dairies, Inc. 437.00 40568 Bryon John Brady 18.00 40569 Mikel M. Boley 8.00 40570 Moore Medical, LLC 187.52 40571 Moses, Nathan 9,065.00 40572 National Benefit Services, LLC 3,834.18 40573 Nationwide Retirement Solution 107.62 40574 Navajo Tribal Utly Authority 16.85 40575 Nicholas & Company 1,167.18 40576 Office Depot 419.90 40577 PEHP 2,112.89 40578 Precis Communications 40.37 40579 Provident Life & Accident Ins. 165.50 40580 Quill Corporation 182.98 40581 Redd, L. Hardy 150.00 40582 Redd's True Value 36.74 40583 Void - Information Only Check 0.00 40584 RGJ, Inc. 560.75 40585 Rockwell, Pauline 560.00 40586 Rocky Mountain Power 138.33 40587 San Juan ATV Safari 1,000.00 40588 San Juan Credit Union 430.00 40589 San Juan Health Care Services 2,000.00 40590 San Juan Record 58.50 40591 Schultz, William L. 583.13 40592 SemMaterials L.P. 15,294.98 40593 SHELL 203.67 40594 Sherwin-Williams 81.48 40595 Sleepy, Virgil 560.00 40596 Sloan, Molly 560.00 40597 Southeastern Utah District 57.00 40598 Southern Paving Division of 2,440.17 40599 State of Utah 30.00 40600 State of Utah 47,396.00 40601 Stevens, Lynn 276.45 40602 Sysco Intermountain Food Svc. 853.40 40603 Tom Growney Equip.,Inc. 148.80 40604 Toshiba 489.25 40605 TransAct Technologies, Inc. 152.28 40606 Tsosie, Fannie 560.00 40607 Tsosie, Laura 560.00 40608 U.S. Bank Corporate Payment (665.75) 40608 U.S. Bank Corporate Payment 7,650.87 40609 UniFirst Corporation 144.62 40610 UPS 40.96 40611 USU 1,959.16 40612 Utah Div. of Homeland Security 150.00 40613 Utah Gerontological Society 120.00 40614 Utah State Retirement Fund 77,886.72 40615 Utah State Tax Commission 17,476.42 40616 Verizon Wireless 533.57 40617 Wal-Mart Community 170.64 40618 Waste Management of 690.14 40619 WF Communications 730.00 40620 Wheeler Machinery Company 88.81 40621 Whitehorse, Bridget 36.00 40622 Williams, Thelda 1,120.00 40623 Wornick Company 813.32 40624 Yazzie, Danny 560.00 40625 Yazzie, Dianna 560.00 40626 Yazzie, Ellouise 560.00 40627 Yazzie, Karen 560.00 40628 Grand Valley Foods 301.04 40629 Nicholas & Company 351.67 40630 Quill Corporation 328.59 40631 Schultz, William L. 2500.00 _______________________________ _____________________________ Bruce Adams, SJC Commission Chair Dianne F. Neuss, SJC Deputy Clerk