SAN JUAN COUNTY COMMISSION MEETING August 23, 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 Rick Bailey, SJC Administrator Dawn Shaw, SJC Deputy Clerk Absent: Kenneth Maryboy, Vice Chair Norman L. Johnson, SJC Clerk/Auditor Attendees: Jerry McNeely, Marilyn Boynton, Larry and Carla Sorrell, Jeff Nielson, David Bronson, Walter Bird, Mike Lacy, Maxine Deeter, Kelly Pehrson, Bill Boyle, Bruce Bunker A motion to approve the minutes of August 16, 2010 was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. David Bronson – SJC Surveyor David presented a procurement request for computer equipment from DLT Solutions in the amount of $7,029.87. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Mike Lacy – SJC Sheriff Mike presented an out of state travel request for Derek Bethea to attend training in Phoenix, AZ in the amount of $700. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Walter Bird – SJC Deputy County Attorney Walter presented a draft Resolution to Assert Coordination Authority to Request that the Federal Land Management Agencies Coordinate with the County on Land Use Inventory and Management Efforts for approval and signature. After a discussion motion to approve the Resolution was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Resolution No. 2010-05 RESOLUTION ASSERTING COORDINATOR AUTHORITY TO REQUEST THAT THE FEDERAL LAND MANAGEMENT AGENCIES COORDINATE WITH THE COUNTY IN LAND USE INVENTORY, PLANNING AND MANAGEMENT EFFORTS WHEREAS, pursuant to Section 17-16-6, UCA (1953 as amended) and Section 17-52-501, UCA (1953 as amended), the Board of San Juan County Commissioners (hereinafter “Commission”) is the duly elected governing body for the county; WHEREAS, pursuant to Section 17-53-101, et seq., UCA (1953 as amended), it is the responsibility and duty of the Commission to care for the health, welfare and public safety of its constituents and to care for the economic stability of the county by protecting the local tax base, preserving the value of private property, and trying to ensure the well-being of the school system and local communities; WHEREAS, pursuant to Section 17-27a-401, et seq., UCA (1953 as amended), “each county shall prepare and adopt a comprehensive, long range general plan”; WHEREAS, San Juan County amended and adopted its Master Plan in March of 2008; WHEREAS, San Juan County contains very large tracts of federal lands, as well as significant state lands, therefore, the above stated critical county functions are closely intertwined with federal and state land management decisions; WHEREAS, federal land management policies and actions usually, directly, and often profoundly impact adjoining and co-mingled lands, as well as civil liberties, local cultures and economies of those living locally; WHEREAS, the Bureau of Land Management (BLM), is required by Section 202 of the Federal Land Management and Policy Act of 1976 (FLPMA), to “develop, maintain, and . . . revise land use plans which provide by tracts or areas for use of the [BLM] lands”; WHEREAS, FLPMA at 43 U.S.C. 1712(c)(9), sets forth the definition and criteria that BLM and other federal agencies are to use to coordinate with local and state governments and the courts have held that the criterion for Coordination defined in FLPMA applies to every other federal statute where Congress directs the agencies to coordinate with local government; WHEREAS, the National Forest Management Act of 1976, requires the Forest Service to coordinate “with the land and resource management planning processes of State and local governments.“ 16 U.S.C. Section 1604(a); WHEREAS, the Forest Service’s planning regulations state that “the Responsible Official must provide opportunities for the coordination of Forest Service planning efforts . . . with those of other resource management agencies” and that the “Responsible Official should seek assistance, where appropriate, from other state and local governments . . . to help address management issues or opportunities.” 36 C.F.R. 219.9; WHEREAS, although there is no explicit parallel requirement for consistency of Forest Service plans of state, local, and tribal governments as that found in FLPMA for BLM Resource Management Plans, the Forest Service is required to “discuss any inconsistency” between the proposed plan’s provision and “any approved State or local plan and laws.” Furthermore, if any inconsistencies exist, the plan must “describe the extent to which the [Forest Service] would reconcile its proposed action with the plan or law.” 40 C.F.R. Section 1506.2(d). NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY EXECUTIVE AND LEGISLATIVE BODY OF SAN JUAN COUNTY, UTAH, THAT: Recognizing its responsibility and duty to care for the health, welfare and public safety of its constituents, as well as to care for the economic stability of the county, the Commission exercises its executive powers by asserting its coordination authority to request that the federal land management agencies coordinate with the county in land use inventory, planning and management efforts as required by federal law. PASSED, ADOPTED, AND APPROVED by the Board of San Juan County Commissioners this _________ day of __________________________, 2010, by the following vote: Those voting aye: Those voting nay: Absent: Board of San Juan County Commissioners _____________________________________ Bruce B. Adams, Chairman ATTEST: __________________________________ Norman Johnson, County Clerk/Auditor Dawn Shaw – SJC Deputy Clerk Dawn presented an out of state travel request for Norman Johnson to the NACRC Fall Board Meeting in Chicago, IL in the amount of $1,217. A motion to approve the request was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Rick Bailey – SJC Administrator Rick presented a Contract Amendment between Bridgenet International and SJ County. The new contract amount is $87,982.60. A motion to approve the amendment was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Rick presented one building permit for approval and signature. Jerry Flesher – Garage – Behind the Rocks Dr., Moab A motion to approve the building permit was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Rick presented a procurement request for two dump bodies and plows from Tesco Williamson for the Road Department. A motion to approve the procurements was made by Commissioner Lynn Stevens. Commissioner Bruce Adams seconded the motion. None opposed. Vote unanimous. Jerry McNeely – SJC Liaison Jerry reported to Commissioners that he attended a County Council meeting for UAC. He stated that he will be in Monticello this week for trainings. Commission Reports Commissioner Stevens reported that he was in Colorado last week. This week he has a Client Committee meeting and a Canyon Country Partnership meeting both on Thursday. Commissioner Adams reported that he attended UCIP in Cedar City last week. Today he will attend BOE and a Health meeting. Adjourn 11:21 A.M.