SAN JUAN COUNTY COMMISSION MEETING April 19, 2010 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Bruce Adams, Chairman Lynn Stevens, Commissioner Tammy Gallegos, SJC Administrative Assistant Norman L. Johnson, SJC Clerk/Auditor Dawn Shaw, SJC Deputy Clerk Absent: Kenneth Maryboy, Vice Chair Attendees: Rowland Francom, Rex Anderson, Dustin Fife, Cyndi Eldredge, Jerry McNeely, Steve Young, Tammy Gallegos, Doug Allen, Scott Pehrson, John Black, Charlie DeLorme, Lynn Laws, Marilyn Boynton, Larry Sorrell, Scott Burton, Jack Dogett, Dennis Anderson Rex Anderson – SJC Resident Rex Anderson, Dennis Anderson and Rowland Francom reported to Commissioners that a cattleguard, that had been in place for a number of years, on Mustang Mesa had been moved by the road department at the request of, and paid by, Kelly Laws. The cattleguard being moved impacted the adjoining properties that are in greenbelt and have livestock on them. After a discussion Commissioner Stevens stated that he would ride with Lynn Laws to the property in the next week and see how the Anderson’s and other property owners were affected. Lynn Laws – SJC Road Department Lynn Laws presented a procurement request for a Remteq Hot Water Pressure Washer in the amount of $6,560. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Steve Young and Doug Allen – VMTE Committee Steve and Doug reported to Commissioners that the VMTE has met with success with people going to the Health Department and getting vouchers for cancer screening however the money is not coming in fast enough to pay for the screenings and some people are left paying the bill out of their own pocket to avoid collections. They asked if the Commissioners could contact Dave Cunningham in Price to get access to the money. Commissioner Stevens stated he would be in Price Thursday and try to meet with Mr. Cunningham. Dustin Fife – SJC Library Director Dustin presented the Community Library Enhancement Fund Grant in the amount of $9,200 for Commission approval and signature. A motion to approve the grant was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Cyndi Eldredge – SJC Personnel Cyndi presented a request to approve the La Sal Senior Center Aide, a Step 1 Grade 1 position, and Alternate. A motion to approve Shannon Krist as the senior citizen aide and Linda Russler as the alternate aide was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Cyndi presented a request for a salary adjustment for Dustin Fife, SJC Library Director, from a Step 118 to Step 138. Cyndi stated that the Library Board had discussed the issue of all the added duties Dustin has and approved a 10% increase for Dustin. After a discussion of the salary freezes it was decided to table the issue until the May 3rd Commission Meeting. Charlie DeLorme – SJC Ec. Development Charlie updated everyone on last week’s Public Hearing for the TRCC tax. A motion to approve Resolution No. 2010 – 01 was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. After a discussion in which Scott Pehrson, Doug Allen, John Black and Jack Doggett, participated in, it was decided to approve the resolution provided that all taxes collected would be put into a separate account until such time as a specific project is budgeted. None opposed. Vote unanimous. Resolution No. 2010-01 RESOLUTION TO ENACT THE TOURISM, RECREATION, CULTURAL AND CONVENTION (TRCC) TAX OF SAN JUAN COUNTY, UTAH WHEREAS, the authority to enact this tax is derived from Title 59, Chapter 12, Section 601 et seq., Utah Code Annotated (1953 as amended); WHEREAS, as provided by statute the purpose for enacting the resolution is to provide San Juan County with a source of revenue, specifically, for the purpose of financing in whole or in part the development, operation and maintenance of tourist, recreation, cultural and convention facilities; WHEREAS, definitions, used in this resolution: (a) “Convention facility” means any publicly owned or operated convention center, sports arena, or other facility at which conventions, conferences, and other gatherings are held and which primary business or function is to host such conventions, conferences, or other gatherings; (b) “Cultural facility” means any publicly owned or operated museum, theater, art center, music hall, or other cultural or arts facility; (c) “Recreation facility” or “tourist facility” means any publicly owned or operated park, campground, marina, dock, golf course, water park, historic park, monument, planetarium, zoo, bicycle trails, and other recreation or tourism related facilities; (d) “Restaurant” includes any coffee shop, cafeteria, luncheonette, soda fountain, or fast food service where food is prepared for immediate consumption; (e) “Restaurant” does not include any retail establishment whose primary business or function is the sale of fuel or food items for off-premise, but not immediate, consumption; and a theater that sells food items, but not a dinner theater. WHEREAS, the tax is hereby levied for collection: tourism, recreation, cultural and convention taxes on all restaurants , as defined herein, in San Juan County at the rate of one percent (1%) on all sales by restaurants of beverages and prepared foods; WHEREAS, the revenues received from tourism, recreation, cultural and convention taxes levied pursuant to the passage of this resolution shall be used solely for the purpose of financing, in whole or part, tourism promotion, and the development, operation, and maintenance of tourist, recreation, cultural and convention facilities. The Board of County Commissioners may issue bonds under the provisions of the Utah Municipal Bond Act to pay any costs incurred for the purposes set forth above and pledge the entire proceeds of the taxes provided for in this resolution to the payment of principal, interest, premiums and necessary reserves for any such bonds; WHEREAS, taxes imposed under this resolution shall be levied at the same time and collected in the same manner as provided for in Title 59, Chapter 12, Section 201 et seq., Utah Code Annotated (1953 as amended) except the revenue derived from the tax is not subject to the collection and distribution procedures established pursuant to the provisions of Subsection 59-12-205(2), Utah Code Annotated (1953 as amended). All revenues so collected shall be revenues of San Juan County. Any records, tax returns or other information of any person, corporation, company, or other group or organization subject to the taxes imposed by this chapter which relate to the calculation, collection or remittance to the State Tax Commission of such taxes shall be subject to review, inspection and auditing by the San Juan County; WHEREAS, except as hereinafter provided, and except insofar as they are consistent with the provisions of Tourism, Recreation, Cultural and Convention Facilities Tax Act, all of the provisions of Part 1, Chapter 12, Title 59, Utah Code Annotated (1953 as amended), in force and in effect on the effective date of the ordinance codification, insofar as they relate to the tax imposed by this resolution, excepting Sections, 59-12-101 and 52-12-119 thereof, are adopted and made part of this resolution as though fully set forth herein. Wherever, and to the extent that in Part 1, Chapter 12, Title 59, Utah Code Annotated (1953 as amended), the State of Utah is named or referred to as the taxing agency, the name of this county shall be substituted therefore. Nothing in this resolution shall be deemed to require substitution of the name of the County for the word “State” when that word is used as part of the title of the State Tax Commission, or of the Constitution of the State of Utah, nor shall the name of the County be substituted for that of the state in any section when the result of that substitution would require action to be taken by or against the county or any agency thereof, rather than by or against the State Tax Commission in performing the functions incident to the administration or operation of this resolution; and WHEREAS, a public hearing was held on April 12, 2010, to receive public input, positive or negative, on the proposed tax rate change. NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY LEGISLATIVE BODY OF SAN JUAN COUNTY, UTAH, that a Tourism, Recreation, Cultural and Convention Tax is hereby levied at the rate of one percent (1%) on all sales by restaurants of beverages and prepared foods in San Juan County for the purpose of financing in whole or in part the development, operation and maintenance of tourist, recreation, cultural and convention facilities. PASSED, ADOPTED, AND APPROVED by the Board of San Juan County Commissioners this 19th day of April, 2010 by the following vote: Those voting aye: Those voting nay: Absent: Board of San Juan County Commissioners _________________________________ Bruce B. Adams, Chairman Attest: __________________________________ Norman L. Johnson, County Clerk/Auditor Jerry McNeely – SJC Liaison Jerry reported that he attended UAC on Wednesday last week and met with SITLA on Thursday. This week he plans to attend a Housing Authority Board meeting on Wednesday and a Spanish Valley Water and Sewer meeting on Thursday. Jack Doggett – Communications Jack reported to Commissioners that the Navajo Nation is requesting a right of way fee near Hatch. Rick Bailey – SJC Administrator Rick presented one building permit for approval and signature. Alan Clarke – Residence - Bridger Jack Trail, Spanish Valley A motion to approve the building permit, provided all appropriate signatures are in place, was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Rick reported to Commissioners that Senator Bennett submitted an appropriation for the Bluff Swinging Bridge for 2011. Commission Reports Commissioner Stevens reported that he attended UAC last week. This week he plans to attend a Recapture Trail meeting today at 1:00, tomorrow a Canyon Country Partnership meeting in Price and meet with SEWA the remainder of the week. Next week will be busy with CEU graduations and a building dedication also for CEU. Commissioner Adams reported that he attended UAC last week and plans to attend a joint highways meeting in St. George Tuesday and Wednesday. Adjourn 11:56 A.M. 5