35

SAN JUAN COUNTY COMMISSION MEETING MINUTES FEBRUARY 18, 1986

The San Juan County Commissioners met in regular session on February 18, 1986 at the hour of 10 a.m. at the San Juan County Courthouse, Monticello, Utah.

The following members were present: Commissioner Black, Chairman

Commissioner Bailey Commissioner Holliday

Minutes of the February 10, 1986 Meeting were approved on the motion of Commissioner Holliday. The motion was seconded by Commissioner Bailey. UNANIMOUS.

COUNTY INVESTMENTS - Merrill Lynch

The Commissioners reviewed the proposed resolution authorizing the County to invest County monies with Merrill Lynch. It was decided to have Bruce Halliday rewrite the resolution authorizing Marian Bayles, County Treasurer, to make the investments. Motion to adopt this resolution pending the proposed change was made by Commissioner Holliday and seconded by Commissioner Bailey. UNANIMOUS.

ELECTED OFFICIALS MEETING

The following elected officials met with the Commission for their regular monthly meeting:

Rigby Wright - County Sheriff

Barbara Montella - County Assessor

Mary Lou Mosher - County Recorder

Gail Johnson - County Clerk/Auditor

Marian Bayles - County Treasurer

Mary Lou Mosher - County Recorder

Mary Lou Mosher, County Recorder, reported to the Commission that she had sent flowers to Reta Bartel for the death of her husband on the County's behalf. The Commissioners thanked Mary Lou for her thoughtfulness.

Lloyds Lake Reservoir - Mary Lou Mosher presented a survey plat on the Lloyds Lake Reservoir requesting the commissioners sign the plat. Commissioner Bailey requested three copies and said he would review the plat with Doug Pehrson, County Surveyor, for his recommendations. This matter will be brought up at the next meeting for signatures.

County Recorder New Blue Print Machine - Mary Lou Mosherf County Recorderf reported to the Commissioners that she has purchased a new blue print machine.

Barbara Montella - County Assessor

Barbara Montella, County Assessor reported to the Commission that she will be going back through the records and do reappraisals as soon as the information is put on the new computer.

Marian Bayles - County Treasurer

Marian Bayles, County Treasurer, reported that Murphy Mining Company has a tax delinquency of approximately $47,000, which includes interest since 1981. Her concern is why there is no security withholding by the State. This property is now going up for Tax Sale. There is a possibility that Mr. Murphy, owner of the company, is in the process of taking out bankruptcy, and they have no apparent assets. The property in question is listed as the Fresco-Midvale Mine in Big Indian. Commissioner Black said he would look into this to find out why they were exempt from withholding security.

Rigby Wright - County Sheriff

Rigby Wright, County Sheriff, told the Commissioners that Deputy Glen Jackson has now completed the Jailers School, which was extended from five weeks to seven weeks. Jerry Guthrie will be attending the school in the near future.

Mr. Wright reported that the Sheriff's Department is self insured on the leased vehicle.

Mr. Wright also reported that he attended a closed council meeting Thursday morning regarding cooperation on the Navajo Tribe on law enforcement within the reservation and deputy qualification. Commissioner Bailey said they were trying to get two Navajo police officers in Montezuma Creek. Mr. Wright reported that he hasn't had many complaints from the White Mesa and Montezuma Creek areas.

Commissioner Black read the following letter used by Murray City Police and suggested the San Juan County Sheriff do something along the same line in this area:

Gentlemen:

Within the past two weeks, our police department sent juveniles into your store as customers with the intent of buying beer. This was meant as a security check on the sale of beer to minors.

You will be pleased to know that your business refused sales to our employees. We appreciative of your endeavors to follow the law; it helps our police department in knowing that your business is supporting the law in our community.

We will be checking in the future on similar projects and will notify you of the outcome of each incident. Thank you again for your cooperation.

Mr. Wright said it is time that the Sheriff's Department do a check on the local businesses that sell beer for sales to minors.

PROPOSED COUNTY JAIL - Application for Community Impact Fund

The Commissioners reviewed the Application for Community Impact Fund for the proposed new County Jail building with Rigby Wright, County Sheriff, and Rick Bailey, Administrative Assistant. Commissioner Bailey asked Rick Bailey to add space in the application for the court clerk. Mr. Bailey said he had several exhibits to include in the application, which include letters and resolutions. Sheriff Wright said he had talked to the Federal Jail Inspector, Marshall Service and Immigration Service, and they will also be sending letters. The Association of Governments will be sending a letter stating this is a top priority. Sheriff Wright also suggested the County get a letter from F. Bennion Redd as the Federal

Magistrate.

Commissioner Black suggested Rick Bailey get out a letter stating that the application will be forthcoming.

Commissioner Bailey reported that he has been in contact with John Peterson, jail architect, and he will bring the Commission a Letter of Intent.

EXTENSION SERVICE

Commissioner Holliday reported to the Commission that Ralph Home of Utah State University Extension Service, told him he would consider hiring someone local for the position of Home Economist on a temporary or part-time basis to see how she/he worked out.

Commissioner Holliday, also, reported that he has arranged a meeting with Mr. Ralph Home and Bill Davis in Bluff on February 25, 1986 to investigate the mosquito problem in Bluff.

Mr. Home told Commissioner Holliday that he has hired Mr. Jim Keyes for the position of County Agricultural Agent.

HOUSE BILL 308 - TRUST FUND

Commissioner Black presented the following chart. Commissioner Black stated that starting this year we will be on 100% assessed value. The tax rate will be a percentage rate rather than 16 mills. This chart shows the adjusted valuations starting with 1982 and showing an estimate for 1986 and a guess for 1987 of what our total assessed value will be.

SAN JUAN COUNTY ASSESSED VALUES ADJUSTED TO REFLECT 100 PERCENT RATE

Land & Car & Bus

Year Buildings Utilities Oil & Gas Mining Companies Total

1982 91,195,740 54,155,920 692,756,050 227,753,490 1,560,835 1,070,142,035

1983 96,719,755 60,342,885 643,155,370 201,213,755 1,556,740 1,002,988,505

1984 142,091,070 65,950,820 645,455,780 146,857,385 1,347,140 1,001,702,195

1985 112,465,150 67,531,745 630,991,965 71,397,095 1,751,925 884,127,880

1986 110,000,000 67,000,000 580,000,000 21,400,000 1,750,000 780,000,000

1987 100,000,000 60,000,000 330,000,000 18,000,000 1,750,000 509,000,000

Trust Fund allowed based on peak assessed value..........$7,500,000

Trust Fund allowed based on 1985 assessed value.......... 7,500,000

Trust Fund allowed based on estimated 1986 assessed value 7,500,000 Trust Fund allowed based on guessed 1987 assessed value.. 5,090,000

Approximate Revenues from property tax at current rates

(General Fund)

1982 3.4 million

1983 3.2 million

1984 3.2 million

1985 2.8 million

1986 (est.) 2.5 million

1987 (est.) 1.6 million

San Juan County will receive about $750,000 each year in interest from the trust fund from now on to help continue provide essential services such as roads, law enforcement, medical, health, and other services and facilities mandated by state and federal governments. Even with maintenance of the Trust Fund and its interest income, it is questionable how many "desirable" services such as recreation (including county-wide TV reception), libraries, human services (including senior citizen services and facilities), Extension Services and assistance presently provided to our cities can be continued.

Last year alone, the operating deficit for our hospital, ambulance service and nursing home exceeded $500,000. If present efforts to sell or lease some or all of these facilities are unsuccessful, our ability to continue these services without maintaining our Trust Fund and its continuing funding source will be limited.

The passage of the "Tax Stability and Trust Fund Act" by the Legislature was for the purpose of allowing counties to build such a fund in times of large assessed value increases and the required increase of facilities and services because of the impact and to have the interest income to be able to mitigate the negative impact when the resource was depleted, economically or literally.

The intent of the Trust Fund limits was to be based on the maximum assessed value. It was not the intent of the Legislature to "destroy" this Trust by a future decline based on depleted values of non-renewable resources.

The local residents and taxpayers of San Juan County have supported this effort. We are prepared to suffer cuts in services we have had and that are taken for granted across the state. We do not wish to be further "impoverished" by erosion of our Trust Fund. We have partially prepared ourselves to exist with an erosion of tax revenues of 50 percent. We urge the passage of HB308.

How would the state legislature deal with a similar erosion of state revenues?

With state revenues falling, partly because of a reduction in revenues from oil, gas, and mining, it may be it would have been wise to have put some of the "surplus" from past years into a "trust fund" so the interest revenue would now be available.

SAN JUAN COUNTY BUSINESS PROMOTION

The following letters were sent:

February 14, 1986

Mr. Winston A. Redman ALCAN ALUMINIUM LIMITED 1188 Sherbrooke Street West Montreal, Canada H3A3G2

Dear Mr. Redman:

It has come to the attention of the San Juan County Commission that your company is interested in constructing a gillium recovery plant in this area. The Commission would like to invite you to look strongly at the Blanding and San Juan County area for your new plant. This area has a strong, trained work force that is available for immediate placement. There is also equipment available from a similar business that could provide you with a quick and efficient startup.

One of the major factors that would benefit your business would be the low cost of real estate and taxes in San Juan County. The Commission would support you in such a construction and would assist in any appropriate way. We encourage you to take the time to investigate this area, and we are certain that you will find that this will be the best possible area for construction of your new plant.

Should you be in the area, please make plans to meet with the Commission and other area officials.

Very truly yours,

THE SAN JUAN COUNTY COMMISSION

/s/ Calvin Black, Chairman

/s/ Kenneth R. Bailey, Commissioner

/s/ Jerry Holliday, Commissioner

cc: Peggy Humphreys

San Juan County Development Board M. Dale Slade

February 14, 1986

Alan R. Wilde CPT, CE, UTARNG Administrative Officer UTAH NATIONAL GUARD 251 South 200 East American Fork, Utah 84003

Dear Mr. Wilde:

The San Juan County Commission would like to thank you and the other members of the Utah Guard for coming to San Juan County and showing your interest in setting up a branch of the Guard in this area.

The Commission would like to once again let you know that we are supportive of this area and will do all that is possible to assist you in any appropriate way. Should you request any additional information or assistance, please feel free to contact the Commission.

Once again, thank you for your interest in San Juan County. THE SAN JUAN COUNTY COMMISSION

/s/ Calvin Black, Chairman

/s/ Kenneth R. Bailey, Commissioner

/s/ Jerry Holliday, Commissioner

AGING DEPARTMENT CONTRACTS

Rick Bailey, Administrative Assistant, reported to the Commission that the Aging Department has two contracts up for renewal. These pay the salaries of Gene Johnson and Merna Kimmerle. Because the Tribe has received direct funding, San Juan County received a $5,000 decrease and will receive a cut of another 15% in October. Bruce Shumway will be preparing another contract from June to July. Rick said he would rather cut personnel than services. Commissioner Bailey also cautioned Mr. Rick Bailey that the State Contracts will have a 5% cost-of-living increase. Rick said he will do some more research and get back with the Commission.

SAN JUAN COUNTY-WIDE RECREATION

Mr. Eddie Allred, Director of the San Juan County-Wide Recreation, met with the Commission to discuss

areas of responsibilities with regard to the various parks and golf courses throughout the county. The

Commission suggested that a meeting with the city managers, school district, and all others involved be

scheduled for the purpose of formulating an agreement outlining the responsibility of each entity. The

Commission also suggested that an agenda be prepared before hand setting forth the problems and possible solutions.

SAN JUAN COUNTY HEALTH CARE SERVICES - Alternative Proposal from John Fellmeth

Mr. John Fellmeth met with the Commission with an alternative proposal for the purchase of the San Juan County Hospital. The principals are John Fellmeth and Phil Acton with ten investors from both Monticello and Blanding. Mr. Fellmeth will prepare a formal proposal and present it to the Blue Ribbon Committee, which is meeting this evening at 5 p.m. in the San Juan County Courthouse.

SENIOR CITIZENS - Van

Mr. Rick Bailey, Administrative Assistant, reported that he had received only one reply to the recent bid advertisement for a van for transportation of the senior citizens. The bid was from Mike Young Chevrolet in the amount of $13,816. Commissioner Bailey made the motion to accept the bid from Mike Young Chevrolet; the motion was seconded by Commissioner Holliday. UNANIMOUS.

COMMUNICATION FACILITIES - ABAJO PEAK

The Commission reviewed the Interagency Agreement between The State of Utah, Bureau of Land Management, National Park Service, Manti-LaSal National Forest, and San Juan County for Sharing of Microwave Communication Facilities on Abajo Peak. Motion was made by Commissioner Bailey for the execution of the agreement and seconded by Commissioner Holliday. UNANIMOUS.

COURTHOUSE TELEPHONE SYSTEM - Maintenance

Commissioner Bailey reported that he had called Mr. George Sabin regarding the telephone maintenance at the county courthouse and Road Department. He said the initial SX20 generic 503 problems, which would not include mileage, would cost $1,600 - this would get everything on the system in good operating condition. Then, it would cost $78 a month for a maintenance contract. He said this would cover everything of a nonviolent nature. Commissioner Bailey said these figures were based on a one-year contract. Commissioner Bailey said he would like to negotiate a four-year contract.

GRAM) AND SAN JUAN COUNTIES - ECONOMIC SITUATION

Commissioner Black reported on a recent report that Craig Bigler has done on the Moab/Grand County Economic Revitalization Program. Commissioner Black felt some of the points brought out in the report and also the comments made by Sam Taylor, editor of the Times Independent, Thursday, Feb. 13, 1986, were also applicable to San Juan County. The Commissioners felt that if a significant change in attitude of the local businessmen in Blanding and Monticello did not occur with relationship to availability of facilities to the tourist industry, the county stands to lose a good source of income from tourists.

TAXATION ON RESERVATION - LAW SUITS

Lyle Anderson, attorney representing the school district in two law suits involving taxation of oil companies on the reservation, met with the Commission to report that he had met with Mr. Max Miller, Assistant in the Attorney General's Office. Max Miller is going to be responsible for these cases. Roger Tew, from the State Tax Commission, is going to be asking the Legislature for an additional $100,000 appropriation to finance the lawsuit. Mr. Anderson asked the Commission to get in touch with David Adams and Omar Bunnell and ask they support that appropriation.

COUNTY INSURANCE - BIDS

Bids for insurance were received. The bids received were:

Coverage: Public Officials Errors and Omissions

Insurance Company: Utah Local Governments Insurance Trust DDP Annual: $3,346

Coverage: Umbrella Liability Coverage

Insurance Company: Utah Local Governments Insurance Trust DDP Annual: $5,964

Coverage: Property - Named Perils

Insurance Company: Boyle Insurance Annual: $9,083

Coverage: Property - All Risk

Insurance Company: Boyle Insurance Annual: $13,666

Coverage: Contractors' Equipment

Insurance Company: Boyle Insurance Annual: $6,759

Coverage: Computer Equipment

Insurance Company: Boyle Insurance Annual: $431

Coverage: Boiler Coverage

Insurance Company: Boyle Insurance Annual: $2,753

Coverage: Airport Liability

Insurance Company: Boyle Insurance Annual: $5,891

Coverage: Employees Blanket Bond

Insurance Company: Boyle Insurance Annual: $1,354

Motion to accept the proposal from Utah Local Governments Insurance on Public Officials Errors and Omissions in the amount of $3,346 and the Umbrella Liability Coverage in the amount of $5,964 and to accept the proposal from Boyle Insurance for Named Perils in the amount of $9,083 and Boiler Coverage in the amount of $2,753, Employees Blanket Bond in the amount of $1,354, and Airport Liability of $5,891 (take Monticello Airport off and adjust accordingly), was made by Commissioner Holliday and seconded by Commissioner Bailey. UNANIMOUS.

BLANDING AIRPORT OPERATING AGREEMENT

Commissioner Holliday said he will check with the Blanding City Officials and request a signed airport operating agreement. This agreement is for a five-year period.

WILDERNESS STUDY and ISSUES

CoMmissioner Black said he has had some suggestions from a local rancher wondering if it wouldn't be worthwhile for the county to hire someone for a two or three month period to read, research and respond to the EIS on these wilderness issues. Commissioner Black felt that the Commissioners and Mr. Rick Bailey, Administrative Assistant, could spend some time getting some comments together in draft form and even perhaps get interested people to a meeting for their response and participation. Bill Howell's time will be prioritized for this purpose and Rick Bailey should work with him. It was suggested by Carl Eisemann to separate those parts or sections that pertain to individuals so that they are not faced with reading the whole study, i.e., mining, cattle.

Commissioner Black stated that the BLM in some of the EIS statements are talking about closing "ways", and

he feels that a lot of these "ways" are, in fact, roads. Commissioner Black said these roads need to be documented, mapped and a history written. Under the law, a wilderness has to be roadless. Commissioner Bailey will work with the Road Department on this.

Commissioner Black said former Governor Matheson created a state-wide wilderness committee a few years ago, and this consisted of state agency representatives, and commissioners throughout the state, and some city people. That wilderness committee was not to the liking of the environmentalist, so the Governor discontinued it. They now have a state wilderness sub-committee comprised of state experts to review the documents for the Governor. In a letter Commissioner Black received from Michael Christensen, Deputy Director of the Governor's Office of Planning and Budget, it states that in order to fully understand the impact of the BLM proposal, the committee is interested in obtaining the views of affected parties. Local

governments through the Governor's Advisory Council on Intergovernmental Affairs, have formed their own wilderness review committee. He goes on further to state he would like to extend an invitation to this commission to attend the State's Wilderness Sub-Committee meetings. The Sub-committee intends to meet on the first and third Tuesday of the month. Mr. Christensen's office will be sending the commissioners notices and minutes of the meetings to keep them informed of the progress of the state effort.

Commissioner Black said he has received the minutes of the last meeting held on January 27, 1986.

Commissioner Black said that after reading those minutes he became very disturbed and concerned because the committee is comprised of pro-wilderness persons. He feels this needs to be brought to the Governor's attention.

SCHEDULED MEETINGS

Community Impact Board Meeting Blue Ribbon Committee

Salt Lake City San Juan County Courthouse

April 3, 1986 February 18, 1986

DOT Meeting Health Care Meeting

San Juan County Courthouse San Juan County Hospital

February 20, 1986 at 9 a.m. February 19, 1986 at 6 p.m.

Weed Board Meeting

Salt Lake City

February 19 and 20, 1986

BILLS APPROVED FOR PAYMENT

First Security Bank of Utah B-Road TCD 338,114.46

Arnold Machinery Company Parts for Road Dept 338.40

Arrowhead Pawn Shop Restitution Ricky McDonald 92.50

Audio Visual Sales Library Supplies Dept. of Aging 45.00

Richard M. Bailey Travel Expenses 175.77

John Baker Travel Expenses 181.43

Johnson Begay Subsistance Feb. 1986 16.00

Black, Oley Tool Allowance Feb. 86 25.00

Blanding City Justice Court Boyd Cantsee (2-17-86 54.00

Blue Cross-Blue Shield County Insurance 1,571.70

Bryan, Robert F. Tool Allowance Feb. 86 25.00

Car Care Center Restitution Ricky McDonald 60.00

Century Parts for road Dept. 125.88

C & H Distributors Inc. Repairs Communications 84.33

Sheri L. Christensen Reimburse Travel Expenses 79.30

Dynamic Aviation-Helicopters Work at Abajo Peak 550.00

Carl Eiseman Travel Expenses 79.95

Family Circle Magazine 17 Issues for Ext. Service 14.97

Sam Goodman Photography Historical Set. 133.00

Gov't Finance Officers Assoc. Subscription 50.00

Grant, Jimmy Subsistance for Feb. 86 32.00

Halliday, Mike Transporting Prisoner 21.85

Bryon Hawkins Trip to Abajo Peak 88.20

Hawkins, Stanley M. Subsistance for Feb 86 57.00

Holly, Thomas Subsistance for Feb 86 32.00

Horsehead Hardware Supplies Clerks Office 20.24

Humphreys, Peggy Travel Expenses 43.00

International Business Machine Supplies Recorders Office 496.38

Industrial Sales Company Water Tank for Airport (M) 3,252.00

Industrial Supply Company, Inc. Parts for Road Dept. 1.41

Lloyd Kartchner Travel Expenses Dev. Board 132.50

Kenz & Leslie Distributing Co. Parts for Road Dept. 206.80

Max Ksiazkiewicz Tool Allowance Feb 86 25.00

Mac Tools Torq Wrench Road Dept 13.50

Martineau, Gary Janitor Library (B) Feb 86 404.25

Monticello City Justice/Peace Whiskers $54/Garcia $20 74.00

Monticello Chevron Restitution Ricky McDonald 70.00

Motor Parts Company Parts Road Dept 1,803.31

National 4-H Council Supplies Extension Office 65.46

Victor Nebeker Tool Allowance Feb 86 25.00

Office Outpost Repair Calculator Clerk Office 73.39

Office of Recovery Services Restitution Elliott Singer 364.00

Tierre J. Patterson Tool Allowance Feb 86 25.00

Performance Products Parts for Road Dept. 266.58

Quill Corporation Courthouse Supplies 71.22

Parley Redd Mercantile Supplies Road Dept. 1.50

The Reliable Corporation Courthouse Supplies 146.73

Sharon Riley Door Prize 4-H Monticello 15.00

Rufino Romero Janitor Library (M) 225.00

San Juan COunty Gas for Communication 109.04

San Juan County Hospital Employees not pd by ins. 514.17

San Juan COunty Sheriff Restitution Jonah Holiday 90.00

S.J. County 12th Circuit Court J.Denetsosie/R. Salazar 110.00

San Juan Health Care Services Health Care Monies Request 6,890.00

San Juan Physicians Group Restitution Jimmy Maryboy 125.00

Gaylen Schaugaard Janitor Library (M) Feb 86 173.25

D.A. Spitzer Company Supplies Road Dept. 8.40

Utah State Insurance Fund Employers Payroll Report 1,167.78

40

Swenson, Eric P.Public Defenders S.J.C. 500.00

University Radiologist Pay'L Deduct' J. Manheimer 100.00

Utah's Canyonlands Booklets for Promotion 240.00

Utah Local Gov't Ins. Trust Umbrella Coverage 5,964.00

Utah Navajo Industries Supplies Road Dept. 230.78

Utah Power & Light Company Utilities Communications 53.98

Utah State Treasurer Alcohol Rehab Money 25.00

Viking Office Products, Inc. Supplies Rick 53.35

Harold Williams Subsistance for Feb 86 32.00

Ambrose Yanito Subsistance Feb 86 32.00

David Yanito Subsistance Feb 86 32.00

Mike Young Inc Parts road dept 214.89

Young's Machine Company Young's vs. Schafer 86SC006 473.23

ADJOURNED

There being no further business the meeting was adjourned.

Calvin Black, Chairman Karen Halls, Deputy