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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD
MAY 14, 1984
The San Juan County Commission met in regular session on Monday, May 14, 1984, at the hour of 10:00 a.m. in the San Juan County Courthouse at Monticello, Utah.
The following members were present: Commissioner Calvin Black, Chairman
Commissioner Robert Low Commissioner Kenneth R. Bailey was absent.
Minutes of the previous meeting were approved with the specified corrections on the motion of Commissioner Low. The motion was seconded by Commissioner Black and carried unanimously.
WILDLIFE RESOURCES REPRESENTATIVE MEETS
Guy Wallace of the Utah Wildlife Resources met with the Commission to report that he is submitting a recommendation to the Utah Wildlife Resources Department for 250 deer permits for Elk Ridge.
Mr. Wallace also reported that a meeting will be held with representatives from the Utah Wildlife Resources and the B.L.M. to discuss the possibility of an antelope transplant for the Hatch Point area.
MONTICELLO AIRPORT DISCUSSED
June Brown met with the Commission to discuss the condition of the Monticello Airport runway. Mrs. Brown reported that she has been attempting to get USU to hold gymnastics classes in Monticello, but they have refused citing the condition of the runway is not acceptable for night use. Commissioner Black reported that there is no problem with the condition of the runway and it is as good as the Moab Airport runway. Mrs. Brown requested the Commission draft a letter to Mr. H.K. Hancock who is in charge of Continuing Education for USU in Moab. Commissioner Black agreed to draft the letter and inform them of the condition of the runway and the lighting equipment Monticello has.
4-H PROGRAM DISCUSSED
June Brown met with the Commission and requested their permission to work with the 4-H Program. Mrs. Brown reported that she had been informed that the Commission did not want her to work with the program since the dissolution of the 4-H Council last year. The Commission stated that they have no objections to her working with the program and had not made any such statemetn. The Commission suggested that due to lack of communication regarding the 4-H program maybe a meeting should be set up with any interested parties Bob Thompson and Helen Neal.
BUILDING PERMITS DISCUSSED
Zane and Alice Chartran of La Sal met with the Commission to discuss the fees required for building permits. Mr. Chartran stated that he was unaware that a building permit was required for an addition. Mr. Chartran also stated that the building was assessed at $40,000 but will only cost a total of $10,000 for materials and labor. Mr. Wayne Ball, County Building Inspector, reported that all buildings and additions are assessed on a per square footage basis. Mr. Chartran also feels that becasue he was unaware that a permit was required he should not have to pay a penalty assesmetn of $163. The Commission does not feel that they can waive the penalty assessment because of the length of time the building permits have been a requirement and that it is the responsibility of the individual to find out the requirements. The Commission agreed to wait until the building is complete and allow Mr. Chartran to submit a certified statement on the total cost before a final decision is made.
MONTICELLO RESEVOIR ROAD
The following people met with the Commission to discuss the Monticello Resevoir road:
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Mayor Keith Redd Monticello Mayor
Rick Terry Monticello City Manager
Doug Pehrson S.J. County Surveyor
Norman Nielson Water Conservancy District
James Harvey Water Conservancy District
Ivan Watkins Water Conservancy District
Rick Mason Western Engineering
Bruce Marvin Western Engineering
Paul Cuirer Western Engineering
A review of the construction and the road proposals was held. Mr. Pehrson reported the County is going to construct the road but he was not made aware that it would need to be done this year. Representatives from Western Engineering, Tectonic Construction Company, the City of Monticello, Mr. Pehrson and Commissioner Bailey are to discuss this matter further.
NEWSPAPER ROCK STATE PARK DISCUSSED
Mayor Redd and the Commission discussed what they feel is the Governor's use of Newspaper Rock State Park as a basis for denying the Nuclear Repository. Commissioner Black reported that the Commission is with-drawing their support for additional acreage for the Park due to the fact that at the time the support was given the Commission was assured that it would not be used as a weapon against the repository. Commission Black also stated that he felt the Governor set up the DOE at a meeting supposedly to work out problems when the Governor announced his opposition to the testing. Commissioner Black will draft a letter to the Attorney General requesting a legal opinion on whether the Governor has the legal authority to use taxpayers' money to send staff to try to propagandize and support his personal committment to stop the repository.
DISTRICT FIRE WARDEN REPORTS
John Baker, District Fire Warden, met with the Commission to report that there was a small fire at the dump last week. Mr. Baker also reported on the changes in the burining law which will become effective June 1st. The changes are as follows:
If a person does any fence line, ditch bank or canal bank burning they will have to report their plans to the local fire department or it will be considered a misdemeanor.
SEU-CAP CHANGES REPORTED
Al Haskins reported that as of tomorrow SEU-CAP will have divested itself of everything except Head Start. Lynette Hadden will be the SEU-CAP and Head Start Director in accordance with the wishes of the Commission from San Juan and other counties. These were also the wishes of the board members.
Mr. Haskins also reported that the contract for the weatherization program is in place retroactive to April 1st with the ALG.
The San Juan County Human Services Board passed a motion that San Juan County be responsible and administrate the weatherization progarm in the County excluding the reservation as that goes through U.N.D.C.
COMMUNITY BLOCK GRANTS APPROVED
Commissioner Black reported that the following Community Block Grants were approved for the City of | Monticello:
$55,000.00 fire house $35,097.00 visitors center
PUBLIC OFFICIALS CONFERENCES SCHEDULED RE: EMERGENCY MANAGEMENT
Commissioner Black reported that he received a letter from Lorayne Tempest, Director of the Division of Comprehensive Emergency Management. The Department of Public Safety is sponsoring a Public Official's Conference that will cover locla government's legal responsibilities and liabilities in disaster situations. The conference will be held at the State Office Building Auditorium, May 17th beginning at 1:00 p.m.
FUNDING POSSIBILITIES FOR NEW JAIL REPORTED
Commissioner Low reported that federal funding for a new jail facility is not available at this time. It was further reported that the State Corrections people have told us legislative appropriation is not likely until at least 1986. It would appear at this time our options for funding are limited to the following:
1. County appropriation
2. Bonding
3. Energy Impact Money
4. Community Development Block Grants
5. Public Works Grants through EDA
OLD MONTEZUMA CREEK ELEMENTARY SCHOOL
The Commission approved a letter drafted to the B.I.A. requesting a temporary construction easement be issued to the County allowing demolition of the unsafe protions of the building.
RESOLUTION 1984-4
Commissioner Black reviewed a letter from NACo in regards to an Amicus Brief before the U.S. Supreme Court in Lawrence County v. Lead-Deadwood School District. On March 26, 1984, the U.S. Supreme Court accepted a PILT case arising from Lawrence County, South Dakota. Final briefs are due in the U.S. Supreme Court on June llth. NACo is filing an amicus brief on behalf of Lawrence County. On May 1st both the WIR Board of Directors and NACo Public Lands Steering Committee unanimously voted to support the amicus brief. Commissioner Low made a motion to approve the following resolution. The motion was seconded by Commissioner Black and carried unanimously.
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RESOLUTION SUPPORITN6 A BRIEF AMICUS CURIAE
BEFORE THE U.S. SUPREME COURT IN THE LAWRENCE COUNTY v.LEAD-DEADWOOD SCHOOL DISTRICT CASE
WHEREAS, the payments-in-lieu-of-taxes (PILT) Act, and it legislative history,,vests total discretion in the couties with respect to the distribution of PILT FUNDS, and the states may not dictate the manner of distribution; and
WHEREAS, currently befoe the U.S. Supreme Court is an appeal, Lawrence County et.al. v. Lead-Deadwood School District No. 40.1, concerning the purposes and objectives of the PILT Act; and
WHEREAS, in that appeal the U.S. Supreme Court will determine whether or not a state can direct how counties distribute their PILT paymnets; and
WHEREAS, Lawrence County, South Dakota, is urging on appeal that a state may not so direct
PILT payments and seeks reversal of the decision affirming such state authority by the South Dakota Supreme Court;
THEREFORE BE IT RESOLVED, that San Juan County, Utah supports Lawrence County in its appeal pending before the U.S. Supreme Court; and
BE IT FURTHER RESOLVED, that San Juan County, together with any interested county and state
association of counties, file a brief amicus curiae in the U.S. Supreme Court backing up NACo's support of Lawrence County, and urging reversal of the decision of the South Dakota Supreme Court.
TAX PROTEST LAWSUITS DISCUSSED
A letter was received by the Commission of the following counties from Attorney Bill Peters in regard to the Rio Algom case:
Grand County Unitah County Daggett County Rich County Salt Lake County Summit County Duchesne County San Juan County
This suit is in regards to the tax protest lawsuits filed against the above named counties to seek recovery of a portion of the taxes paid by the company under protest in 1983 in those counties.
PHOTO JOURNALIST TO VISIT SAN JUAN COUNTY
Peggy Humphries met with the Commission and reported that Michael Manahiem, a phot journalist, will be visiting San Juan County in June. Mrs. Humphries requested the use of the County car for Mr. Manahiem during this time as he will be taking photos of the area. The Commission authorized the use of a County car for Mr. Manahiem.
RESOLUTION 1984-5 RE: NATIONAL TOURISM WEEK
The San Juan Development Board requested the Commission declare the week of May 27-June 2 as National Tourism Week in San Juan County. The Development Board also reported that President Reagan established this as National Tourism Week. The Commission passed a resolution approving this request.
DELEGATES SELECTED FOR NACo ANNUAL CONFERENCE
Commissioner Black will be the quthorized delegate for San Juan County at the NACo Annual Conference in Seattle. Commissioner Low is authorized as the alternate delegate.
SPECIAL HEARING SCHEDULED RE: SALE OF GENERAL OBLIGATION BONDS
The San Juan County Commission has ordered a special meeting of the Board of Commissioners for Tuesday, May 22nd, at 2:00 p.m. in the Commissioner's Room of the San Juan County Courthouse. The business to be attended to at that time will be the $700,000 general obligation bonds for the San Juan County Hospital and Nursing Home acceptance of bids.
PROJECT BOLD DISCUSSED
Commissioner Black drafted a letter of response to the Governor's recent letter concerning Project Bold. A leteer was also drafted to the county commissioner's in the State. A copy of the Governor's letter will also be sent to the Commissioners alson with a copy of additional infomration. A copy of this information will be sent to the Congressional Delegation and to all of the gubernatorial candidates.
NORTHWEST PIPELINE vs. SAN JUAN COUNTY and MARIAN BAYLES, TREASURER
Gail Dalton, County Clerk, met with the Commission to report that a tax protest suit has been filed against San Juan County and Marian Bayles, San Juan County Treasurer, by Northwest Pipeline Corporation.
APPROVAL TO PARTICIPATE WITH EMERY COUNTY ON T.V. TRANSLATOR
The Commission authorized a letter of intent to participate with Emery County on the television translator. San Juan County's share of the cost will be $14,939.50.
LETTER TO UTAH DIVISON OF WILDLIFE
The Commission instructed the Deputy Clerk to draft a letter to the Utah Division of Wildlife Resources requesting the following information:
number of fishing and hunting licenses sold in San Juan County
total dollar amount for the above
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HEALTH CARE SERVICES DISCUSSED
John Fellmeth, Chief Deputy Auditor, met with the Commission to review the receivables for the clinic Mr. Fellmeth reported that the County bought $12,000 worth of receivables from Dr. Redd and collections are average for that type of receivable. For the first three months approximately 50% to 60% was
collected. About 6% of them were sent to a collection agency and approximately 20% of those will be collected. Mr. Fellmeth further reported that about 80% to 90% of the total collections will be collected. Dr. Redd retained the older receivables and he will collect about 60% of the total.
The method of billing at the clinic was discussed and the problems were reviewed. Mr. Fellmeth reported that he would like to get some sort of computerized billing system implemented. Mr. Fellmeth reported that on the computer run generated every month a receivables balance of approximately $25 000 to $30,000 is shown. Mr. Fellmeth estimates it should be approximately $50,000 which includes about $15,000 of accounts presently sent to the collection agency.
BILLS APPROVED FOR PAYMENT:
Abajo Petroleum, Inc. Fuel purchased road dept. 2,013.75
Anixter Communications Freight charges 16.39
Barnett's V&S Variety Supplies for rec. (B) 237.00
Keith Black Restitution 300.00
Black Oil Company Fuel for road dept. 3,497.91
Blanding Home Center Supplies Blanding Pool 24.13
Blue Cross-Blue Shield Reimbursement invoice 5,933.63
Blue Mountain Foods Dinners for Sheriffs Dept. 1,107.53
Bradford, Bernal Travel for Road School 178.24
Rita Bryan Travel District Court Meeting 4.00
Cate Equipment Co. Floor mat for Road Dept. 205.48
Chevron USA Inc. Gasoline for Commissioners 95.59
City of Blanding Utilities Blanding Pool 162.56
City of Monticello Utilities golf course (M) 17.50
Colex International LTD. Supplies for Road Dept. 108.36
Continental Tele Co of the West Tele charges for Golf Course (M) 55.21
Rudolph Cook Tele Bill/April 1984 15.74
L.N. Curtis and Sons Supplies for Fire Control 3,912.24
Custom Floors and Furnishings Parts for Library (B) 2.58
Empire Electric Assoc. Inc. Utilites (M) Golf Course 78.74
John Fellmeth Travel for Mtg. in SLC 25.24
Grand Tire Co. Inc. Recaps for Road Dept. 95.07
Haskins, Al Travel for April, May 1984 180.20
Carol T. Hoggard Travel Cir. Court Mtg. 29.00
Hogie's Restaurant Meals for Senior Citizens 1,128.00
Hunt, Suzanne R. Travel for Cir. Court Mtg. 152.90
Husky Oil Co. Gasoline for Sheriff Dept. 19.14
Institute/Organization Mgt. School/Organization Mgt. 380.00
International Business Machine Service Usage Charge 319.64
J & K Computer Systems Inc. Programming Services 10.00
KTBA Radio Advertising 202.50
KNDN The Indian Station Public Hearings 420.00
Kelly Co. Justice Receipts Books 143.26
Little League Baseball, Inc. Registration & Insurance 159.00
Metals Manufacturing Co. Door and Parts for Library 508.10
Mighty Distributing System Supplies for Road Dept. 32.00
Monticello Mercantile Supplies for Golf Course 34.26
Motor Parts Pro Mart Home Center Parts for Road Dept. 758.21
Navajo Times Advertising 14.25
Rex Nielson Restitution 50.00
Office OUtpost Supplies Sheriffs Office 21.06
Office of County Commissioners Snow Removal/Dec. 83-May 84 6,286.00
Orr's Auto Body & Glass Shop Supplies Sheriffs Dept. 25.00
Palmer Trailer Court 2 trailer spaces for April 90.00
Phillips Petroleum Co. Gasoline for Sheriff Dept. 17.74
Parley Redd's Food Town Supplies for Road Dept. 42.21
N.C. Ribble Co. Parts for Road Dept. 201.48
San Juan County Road Dept. Gasoline for Sheriff Dept. 1,685.09
San Juan Helath Care Services Requested Capital Monies 34,628.03
San Juan Pharmacy Prescription Sheriff Dept. 11.90
The San Juan Record Legal Notice/air cond't 26.92
Saveway Automotive Grader tires Road Dept. 8,102.35
Scenic Aviation Flight for Sheriff Dept. 413.50
Bruce Shumway Restitution 75.00
Smith Media Corp. Advertising 200.00
Superior Receipt Book co. Receipt books for Clerks Office 41.25
Texaco, Inc. Gasoline for Travel 253.01
Tire and Auto Center, Inc. Repairs for Sheriffs Dept. 35.00
Turquois Service Gasoline Sheriffs Dept. 17.10
United States Welding, Inc. Clyinder rent 237.34
Utah's Canyonlands Advertising 2,166.00
Utah Navajo Industries Restitution 50.00
Wheeler Machinery Co. Parts for Road Dept. 2,849.40
Brigham Young University Books purchased 52.95
Mike Young Inc. Pickup purchased road dept. 53,215.12
Young's Machine Co. Parts for Road Dept. 79.35
PBI Freight & COD on pitching machine 91.29
JoPaul Industries, Inc. Fast Pitch Pitching Machine 1,008.50
U.S. Postmaster postage for postage Meter 1,000.00
Salt Lake Down town(Travelodge) Travel for Sheriff Wright 28.00
There being no further business at this time the meeting adjourned at approximately 4:00 p.m.
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Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk