SAN JUAN COUNTY COMMISSION MEETING September 10, 2007 The regular meeting of the San Juan County Commission was held on September 10, 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 Johnson, SJC Clerk /Auditor Dianne F. Neuss, SJC Deputy Clerk Attendees: Marilyn Boynton, Bob Bushart, Bill Boyle, Joaquin Salazar, Jennifer Davila, Neil Joslin, David Carpenter, Greg Martin, Ken Shulsen, Troy Butler, Alan Freestone, Grayson Redd Commissioner Lynn Stevens made a motion to approve the minutes of September 4, 2007 with corrections, provided Commissioner Maryboy is in agreement. Commissioner Bruce Adams seconded the motion. Commissioner Bruce Adams declared the motion carried. Commissioner Kenneth Maryboy was absent for the vote. Guy Wallace - Division of Wildlife Resources Commissioner Adams reported that he recently attended a meeting regarding the Elk Management Plan and invited Bill Bates, from the Division of Wildlife Resources, to report on the meeting. Mr. Bates was unable to attend today's session, but Guy Wallace, from the DWR, was in attendance. Representatives from the BLM, Forest Service, DWR, County Commission as well as local sportsman, cattlemen, farmers and ranchers were also at the original meeting which focused on increasing the number of Elk Statewide. No increase in the elk population was recommended at a previous meeting, but it was decided that the issue should be reviewed once more. Guy said that whatever the majority decides on this issue, the DWR will go along with. Commissioners Adams and Stevens discussed the impact of a decision allowing the increase and how it affects mineral exploration, livestock, loss of drilling permits and seismic activities due to a perceived need for an increase in regulations for the protection of the wildlife. Commissioner Stevens noted that the resulting regulations imposed are not always scientifically sound. Another consideration noted is that if the elk population increases, additional money can be obtained for habitat improvement. Commissioner Adams said that the County did not support increasing the elk population. Commissioner Stevens is concerned that decisions are made regarding management resources, even though elected officials, who represent the people, are not in agreement. When asked about how the local sportsmen view the plan, Guy said that they are neutral and tend to defer to the cattlemen and, are more concerned about management than the number of elk. If approved, the proposal will increase the elk population by two hundred to 1500. Charles DeLorme - SJC Economic Development Commissioner Adams noted that the Red Bull Air Race, held in Monument Valley was televised on FSN last weekend. He said it is a great advertisement for the County and thanked Charles, Rick Bailey, and all other County employees who participated in the event. Charles presented a Contract with Robert Searns, AICP, of the Greenway Team, Inc. and the County for project management services for the Bluff Bridge Restoration Project. The Contract includes background, preparation, approvals as well as fundraising and grant administration, development support and coordination. Rick Bailey and Attorney Walter Bird reviewed the Contract which has a cap of $30,000. Charlie reported that he was contacted by a couple of Bluff residents who are against the project for various reasons. Commissioner Maryboy said the Navajo Community is in support of the project and, in fact, working to find funding for it. Commissioner Stevens made a motion to approve the Contract for signature with Robert Searns, AICP, of the Greenway Team, Inc. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Sheriff Mike Lacy - SJC Sheriff's Department Sheriff Lacy requested approval for out-of-state travel for Julie Samson, SJC Victims Advocate, to attend the Four Corners Indian Conference in Colorado Springs, CO on September 23 through 27, 2007. The cost for the trip is $460 in addition to fuel cost. Commissioner Lynn Stevens made a motion to approve the out-of-state travel request for Julie Samson, SJC Victims Advocate. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Sheriff Lacy presented State Contracts for Commission approval and signature. The Contracts are for Bailiff Services and for Court Security in the amount of $7,000 and $9,000, respectively. Commissioner Lynn Stevens made a motion to approve the State Contracts for Bailiff and for Court Security. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Mr. Ken Shulsen, a representative from Sahara, Inc., distributed a Binder containing preliminary information regarding the plans for the expansion of the jail and court space. Since the County has already formed a Municipal Building Authority, application can be made to the CIB for a 20 year loan for the project. Sheriff Lacy is in agreement with the plan and with the need to expand the jail and courtroom facilities to alleviate the overcrowding and to accommodate additional prisoners from the State Correctional Facility. The County has two contracts with the State. The first is to provide educational opportunities for the inmates and the other is the counseling program for inmates incarcerated for offenses related to sexual abuse. The expansion would provide much needed additional space for the courts and to provide better court security. Mr. Shulsen requested letters from the Commission to the State Department of Corrections, to the State Court Administration and to members of the Legislature asking for their endorsement and commitment to the project. This will help to obtain funding from the various entities including the CIB. Ken also recommended that the Commission draft a Resolution stating the County's commitment to the project for submission to the legislature. Mr. Shulsen further recommended that the project design and management be advertised for open bids. Sheriff Lacy said there are a few companies other than Sahara, Inc., that have experience with this type of project. Attorney Walter Bird will be consulted regarding the draft resolution. Ken indicated that his company, Sahara, Inc., is available immediately for the design and construction of the project if the County wishes to forego the bidding process. He has been working with Sheriff Lacy and others in the Department developing the planning process. He will sit down with the judges for their input as soon as possible. The 200 bed expansion project is estimated to cost 10 to 15 million dollars. Officers Alan Freestone and Grayson Redd have been assisting Sheriff Lacy and Ken with the plan. The project will also require a Public Hearing. Rick will work with Ken and Sheriff Lacy to provide the letters and draft resolution and will prepare the necessary documentation for the request to the CIB due in October. A formal request is due in by November 12, 2007. If all goes well, the County could begin accepting an increased number of inmates by May of 2009. Commissioner Stevens made a motion to approve the concept for the expansion of the jail and court facilities and take whatever action is necessary to go forward with the project. Commission Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Evan Lowry - SJC Planning Evan reported that the Clay Draw Project is progressing. He said they have been working with the BLM in drilling and digging pits to determine geological information. Lee Bennett reviewed the site archeology and no problems were identified. He is pleased with the cooperation between the BLM and the County and with their efforts to get the permits through for the dam. Evan said he will present a draft clarifying the County Plan in the Public Lands area. Rick Bailey - SJC Administrator Rick presented one building permit for approval and signature. Skeet & Teressa Lammert - Hwy. 41 near Hwy. 4, Old LaSal - Cabin Commissioner Lynn Stevens made a motion to approve the building permit provided all appropriate signatures are placed. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Mitch Bailey presented a preliminary Subdivision Plat for Avikan Hill. The Subdivision has 20 lots with the possibility of future expansion. The lots range from 4.1 acres to 6 + acres. He has been working with Brad Bunker who has been very helpful in the process. He does feel that the process could be less arduous than it is and suggested a check off list be developed to help meet with the requirements. He noted that all of his lots have passed the perc test and requirements for roads and utility easements are in. He is waiting to receive the Mylar Plat to present for approval and signature at next week's Commission Meeting. The Commissioners recommended that Mr. Bailey have Attorney Walter Bird review the Plat before next Monday. Open Time and Other Business Ms. Jennifer Davila and Mr. Joaquin Salazar, Bluff residents, voiced their concerns about the political environment in Bluff. Ms. Davila said that she has been a resident of Bluff for more than 25 years and is interested in issues that relate to Bluff but tries not to take sides in the controversy over issues that seem to come from misinformation. Mr. Salazar said that he is aware of threatening letters as well as verbal threats in the community and is concerned. He has a 6-year- old son who lives with him as well. He asked if there was anything that the Commission could do to intercede. Commissioner Maryboy said that he would be happy to meet with residents of Bluff to discuss issues of concern. Commissioner Stevens pointed out that Bluff is unincorporated and the Bluff Service District Board was set up by the County Commission delegating authority to them to deal with issues in Bluff and provide feedback to the Commission. He also noted that the Service District is required to comply with County and the State statutes, laws and regulations. The proposed cell tower is a commercial endeavor, although the County has jurisdiction related to zoning within the County, SITLA land is regulated by the State. Marilyn Boynton voiced her opinion regarding issues in Bluff and observed that is it hard to discuss issues because of the controversy between the residents. KC Hickman, of the Economic Development Office, requested Commission approval to hold a memorial at 12:00 noon tomorrow to commemorate the September 11th terrorism attack on the Twin Towers. The Commission agreed to hold a service in front of the Court House under the American Flag where the Pledge of Allegiance will be recited. KC will distribute flyers notifying everyone of the service. Commissioner's Reports Commissioner Adams went to the CIB meeting last week. He will leave today to attend the Native American Summit in Cedar City. He will also attend the RAC Meeting in Green River on Wednesday. He plans to go to the Utah Navajo Trust Fund Board of Trustees Meeting at Navajo Mountain on Friday and to the Oljato Chapter Meeting on Sunday. Commissioner Stevens attended the CIB Board Meeting. He also attended the Utah Health Board Symposium. Water sources, water shed protection and issues related to wells and septic systems were discussed. They also discussed Davis County's efforts to create a disaster plan, in coordination with Homeland Security, to respond to an event causing mass casualties. The plan includes forming agreements with medical facilities, churches and other community facilities for assistance as well as identifying qualified health providers in the community who could be contacted for immediate response. On another issue, a suggestion was made for counties to prioritize needs before applying for grants that require matching funds. Commissioner Stevens and Evan Lowry made presentations at a recent SPEAR meeting which was a very productive meeting. Commissioner Stevens will attend the Native American Summit in Cedar City and the Utah Navajo Trust fund Board of Trustees Meeting at Navajo Mountain on Friday. Commissioner Maryboy attended the Aneth Chapter Meeting with the Blue Mountain Dine. They expressed their desire to be recognized as a Chapter. The State Homeless Committee was also discussed, and the Blue Mountain Dine would like to appoint Clayton Long to chair the committee. He would take the place of Toni Turk, Mayor of Blanding. Mayor Turk is in agreement. Commissioner Maryboy will travel to Cedar City to attend the Native American Summit today. He said the Navajo Fair is coming up and said that Commissioners are invited to participate in the parade and will be provided with VIP tickets to all events. He noted that there is some discussion about the Fair being held in another location in the future. Commissioner Lynn Stevens moved to go into an Executive Session, after a short break, at 12:26 p.m. to discuss a personnel issue. Commissioner Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. Commissioner Lynn Stevens made a motion to exit Executive Session at 1:05 p.m. Commissioner Kenneth Maryboy seconded the motion. Commissioner Bruce Adams declared the motion carried by unanimous vote. A motion was made by Commissioner Stevens and seconded by Commissioner Maryboy to accept and sign the Department of Human Services, Division of Substance Abuse & Mental Health, Contract #060264, Amendment #1. Commissioner Bruce Adams declared the motion carried by unanimous vote. Meeting Adjourned: 1:07 p.m. Check # Payee Amount 40632 Adams, Bruce 351.30 40633 Advanced Auto L.L.C. 236.15 40634 AT & T Mobility 2.18 40635 Baker Sanitation, Inc. 209.60 40636 Bell Janitorial Supply, L.C. 372.34 40637 Bennett Management Serv. LLC 218.75 40638 Black Oil Company 1,923.74 40639 Blackhorse, David 54.00 40640 Black's Auto Body 304.00 40641 Blanding City 929.08 40642 Blanding Justice Court 1674.00 40643 Blanding Senior Center 18.16 40644 Void - Information Only Check 0.00 40645 Void - Information Only Check 0.00 40646 Blue Mountain Foods 653.74 40647 Blue Mountain Meats Inc. 487.41 40648 Blue Mountain Panorama 478.11 40649 Brantley Distributing, LLC. 646.20 40650 Burns, Frederick 560.00 40651 Butler, Aaron 40.00 40652 Calendars 32.95 40653 Center for Education 159.00 40654 Chevron and Texaco Card Serv. 173.70 40655 Chief, Rita 560.00 40656 Cortez Diesel Sales, Inc. 290.80 40657 Cottonwood Dry RV Park 500.00 40658 County Information Systems Co. 1,500.00 40659 Crystal Inn - West Valley 80.00 40660 D & M Wire Rope, Inc. 114.80 40661 Demco Media 283.92 40662 Duckwall - Alco Stores, Inc. 30.01 40663 Edge of the Cedars State Park 2,500.00 40664 Empire Electric Assoc. Inc. 2,482.36 40665 Fastenal Company 133.48 40666 Fisher, Mahana M.D. 900.00 40667 Fitzgerald & Fitzgerald 45.77 40668 Flower Garden 50.00 40669 Four Corners Welding & Gas 315.65 40670 Four States Tire & Service 2,246.50 40671 Genevieve Mark 170.00 40672 Gritton & Associates 68.38 40673 Hole In The Rock Foundation 50,000.00 40674 Ingram Library Services 13.47 40675 J.C. Hunt Co. Inc. 1,622.40 40676 Jerry Seiner 67.49 40677 Jodi LLC 138.75 40678 Johnson, Joann 560.00 40679 Johnson, Norman L. 349.58 40680 Joyce Guymon Smith 902.65 40681 JVP, Inc. 62.59 40682 La Sal Store 118.56 40683 Larry H. Miller Ford 644.45 40684 Larry M. Mason 378.30 40685 Latham, Lana 120.00 40686 Lawson Products, Inc. (2.21) 40686 Lawson Products, Inc. 453.34 40687 Lehi, Elroy 560.00 40688 Meadow Gold Dairies, Inc. 279.00 40689 Resolute Natural Resources 16.06 40690 Brian Cahill 150.00 40691 Monsen Engineering Company 374.19 40692 Monticello City 2,173.20 40693 Void - Information Only Check 0.00 40694 Monticello Home & Auto Supply 1,254.97 40694 Void - Information Only Check 0.00 40695 Monticello Justice Court 625.00 40696 Monticello Mercantile 95.77 40697 Motor Information Systems 1,500.00 40698 Motor Parts 36.19 40699 Mountainland Business Systems 294.00 40700 Munro Supply Inc. 122.84 40700 Munro Supply Inc. (13.48) 40701 National Cattlemen's Beef Assc 50.00 40702 Newman Traffic Signs 245.32 40703 Nicholas & Company 992.42 40704 Nielson, Jonathan 40.00 40705 Omni Productions, Inc. 520.00 40706 Orkin Inc. 96.84 40707 Page Brake Warehouse 508.85 40708 Public Employees Heath Program 31.92 40709 Randall, Sanford 60.00 40710 Redd's True Value 47.44 40711 Rockwell, Thelma 544.15 40712 Rocky Mountain Power 81.49 40713 Rocky Mtn. Home Care 6,312.36 40714 San Juan Building Supply, Inc. 1,652.55 40715 San Juan Dental 555.00 40716 San Juan Health Care Services 228.68 40717 San Juan Pest, Weed,&Termite 235.00 40718 San Juan Record 659.11 40719 Scheer, Lois 52.38 40720 Schultz, William L. 94.24 40721 Scott Machinery Company 289.05 40722 SemMaterials L.P. 14,781.83 40723 Seventh District Juvenile Ct. 100.00 40724 SHELL 581.03 40725 Six States Distributors Inc. 231.07 40726 SJC Inmate Account 1,804.02 40727 SJC Landfill Operations 361.12 40728 Southeastern UT Association 3.18 40729 Southwest Diesel Specialists 149.56 40730 Standard Batteries of SLC Inc. 762.70 40731 Sysco Intermountain Food Svc. 759.18 40732 Texas Refinery Corp. 183.44 40733 Thomas Bouregy & Company, Inc. 138.50 40734 Three-B Repair 450.00 40735 UniFirst Corporation 147.25 40736 UPS 52.84 40737 Urban Edges, Inc. 672.00 40738 USU Extension 24.92 40739 Utah State Historical Society 25.00 40740 Utah State Treasurer 18,141.13 40741 Verizon Wireless 35.64 40742 Wal-Mart Community 51.88 40743 Wheeler Machinery Company 46.13 40744 Blue Mountain Foods 100.55 40745 Monticello Home & Auto Supply 112.36 40746 Nicholas & Company 547.15 40747 Scott Machinery Company 111,845.00 40748 SJC Inmate Account 1,450.83 40749 Kenneth Maryboy 300.00 ________________________________ _____________________________ Bruce Adams, SJC Commission Chair Dianne F. Neuss, SJC Deputy Clerk