SAN JUAN COUNTY COMMISSION MINUTES AUGUST 1, 1988
The regular meeting of the San Juan County Commission commenced at 10:00 A.M. in the San Juan County Courthouse in Monticello.
Commissioners present: Calvin Black
Kenneth Bailey Mark Maryboy
A motion to approve the minutes of July 26, 1988 as corrected was made by Commissioner Maryboy and seconded by Commissioner Bailey. UNANIMOUS.
ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT
Translator Fees/U.S. Forest Service - A letter has been received from the United States Forest Service regarding the translator fees. In response to comments and widespread public interest, they have reviewed the data and made several changes and modifications in the fee schedule proposal. Because some of the modifications are major changes from the previous proposal, it is being resubmitted for public comment. Additional comments on the new revised proposal will be received for sixty days from the date of the Federal Register publication.
Federal Aviation Administration Personnel Changes - Notification has been received from the Denver District Office of the Federal Aviation Administration of changes in personnel responsibilities. Mr. Nance Earley, who has been the Utah State Engineer and working with the County on the Halls Crossing Airport project, has been reassigned as the Colorado Section supervisor. Harold Rugg has been assigned as the replacement for the Utah State Engineer position. The Commission felt that Mr. Rugg should be contacted in regards to finalizing the EIS and other necessary items on the Halls Crossing Airport.
Fair Labor Standards Act - Administrative Assistant Rick Bailey has compiled a list of County employees who are exempt from comp time under the Fair Labor Standards Act. There have been several concerns and problems from employees who do not know whether they are exempt or aren't exempt. Mr. Bailey review the information and found there are three or four categories that are exempt under the act. One is non-covered, which is basically all elected officials, independent contractors, trainees, prisoners, board members etc. Executive employees are people who are in the foreman type classifications who are supervising people and are not working foreman. There are administrative exemptions which would include department heads, division or subdivision heads. The last category is recreational exclusions which would include people who work for less than seven months during the year. The Commission instructed Mr. Bailey to give each exempt employee notification that they are exempt employees and not entitled to overtime. Their job description or comp time is predicated on the fact that they will never spend less than 40 hours a week to do their job and they may spend more if it is required to get the job done. They are in administrative positions and that's the nature of the job.
CURRENT BUSINESS
Utah State Fair Queen - Desiree' Rhoades met with the Commission to get a decision on sending a representative to the Utah State Fair Queen Contest. Because of a lack of interest, the County will not hold a San Juan County Queen Contest and would not have a candidate to send even though the fee was paid last spring. Mrs. Rhoades asked if the one girl who is interested in the contest could be sponsored by the County. The Commission felt that because of the lack of interest in the competition that they were not interested in sponsoring a candidate. Mrs. Rhoades will see if there is any interest among the young women in the County for another pageant in the spring. Mrs. Rhoades brought Marriann Heyden in to visit with the Commissioners after the regular Commission meeting and after further consideration the Commissioners agreed to have Miss Heyden represent the County at the Miss Utah State Fair contest and will pay her travel expenses.
Spanish Valley Road Project - An agreement was reached with Southern Paving for doing some work on the Spanish Valley area roads for $49,544.00 After the roads are brought up to County standards they will be turned over to Grand County for maintenance, and Grand County will be paid the pro rated per mile amount of the B road money annually. A motion to approve the bid of Southern Paving to prepare existing gravel bases, then furnish and place a 2" compacted mat of hot asphalt was made by Comnissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.
Building Permits - County Building Inspector Greg Adams presented applications from Jack Montella in Blanding and Steve Cannon in Bluff for building permits. Mr. Montella is planning to build a metal shop and Mr. Cannon a home. A motion to approve the request was made by Commissioner Bailey and seconded by Comnissioner Maryboy. UNANIMOUS.
Road Department/Tool Cabinet - A request was presented to purchase a 40-drawer wall cabinet to lock up tools for the road department. A motion to approve the purchase was made by Commissioner Bailey and seconded by Comnissioner Maryboy. UNANIMOUS.
LaSal Gravel/Paul Redd - Paul Redd met with the Commission to discuss an agreement for gravel from a pit on his property for use on a LaSal area road. All of the gravel the County puts on county roads on Mr. Redd's property will be donated at no cost. The County has had a policy of buying gravel for County roads. Mr. Redd stated that if the County would trade certain areas of the road with an area Southern Paving is putting gravel on, there would be no charge to the County and the entire project could still be completed. The Commission felt if the County were to haul the gravel to the areas where Southern Paving are graveling there would be no additional expense to them. Mr. Redd also suggested that if the County wanted to gravel the road to Deep Creek Canyon he would donate the gravel for that road also, and was approved:
The Following agreement was approved:
AGREEMENT
This Agreement made and entered into as of the 1st day of August, 1988, by and between San Juan County, a political subdivision of the State of Utah (the "COUNTY") r whose mailing address is P. 0. Box 338, Monticello, Utah 84535, and Paul David Redd ("REDD"), whose mailing address is P. 0. Box 1, Monticello, Utah 84535.
WITNESSETH:
WHEREAS, REDD is the owner of the following described tract of land (the "LAND") situated in San Juan County, State of Utah, to-wit:
Township 27 South, Range 25 East, S.L.M.
Section 7: NW1/4NE1/4 and,
WHEREAS, the COUNTY needs to secure pit run gravel for crushing into gravel for use in surfacing a county road (the "ROAD") crossing property of REDD in the vicinity of the LAND ("REDD'S PROPERTY") and land owned by the State of Utah adjacent thereto (the "STATE LAND"); and
WHEREAS, the LAND contains the pit run gravel needed by the COUNTY; and
WHEREAS, the COUNTY has entered into, or will enter into, an Agreement with Timber Products, Inc., a Utah corporation ("TIMBER PRODUCTS") providing for TIMBER PRODUCTS to crush gravel from the LAND; and
WHEREAS, REDD would like the COUNTY to improve the ROAD on REDD'S PROPERTY.
NOW THEREFORE, in consideration of the acts and covenants hereinafter set forth to be done and performed by each of the parties and for other good and valuable consideration, the parties herby do and agree as follows:
1. REDD grants to the COUNTY the right to:
A. Authorize TIMBER PRODUCTS to set up and maintain a crusher and related camp and maintenance equipment on the LAND for crushing gravel as hereinafter provided.
B. Authorize TIMBER PRODUCTS to crush such pit run gravel on and in the LAND as the COUNTY may require for resurfacing the ROAD, which crushed gravel shall become the property of the COUNTY.
C. Stockpile, or authorize TIMBER PRODUCTS to stockpile, crushed gravel on the LAND and remove the same as needed for resurfacing the ROAD across the STATE LAND and REDD'S PROPERTY, for a period of three years after the date of this agreement, provided that any crushed gravel remaining on the LAND at the expiration of said three year period sahll become the property of REDD, free and clear of any claims of the COUNTY or TIMBER PRODUCTS.
2. The COUNTY shall pay to REDD One Dollar ($1.00) for each cubic yard of pit run gravel from the LAND which is crushed pursuant to this Agreement, up to a total of Ten Thousand (10,000) cubic yards, One-Half Dollar ($.50) for each additional cubic yard for the next Twenty Thousand (20,000) cubic yards up to a total of Thirty Thousand (30,000) cubic yards, and One-Quarter Dollar ($.25) for each cubic yard thereafter. This amount to which REDD is entitled is the "ROYALTY." REDD agrees to waive the ROYALTY on all gravel used to resurface the ROAD across REDD'S PROPERTY. Wheether the ROYALTY waived is One Dollar, One-Half Dollar, or One-Quarter Dollar per cubic yard will depend on the order in which the gravel is used on the REDD PROPERTY as opposed to the STATE LAND.
3. It shall be the responsibility of the COUNTY to obtain the necessary governmental permits and to assure that TIMBER PRODUCTS operate the crusher in compliance with environmental regulations. The COUNTY also agrees to require TIMBER PRODUCTS to reclaim the portion of the LAND disturbed under the Agreement to the same degree required in the Agreement between REDD and TIMBER PRODUCTS dated July 14, 1988.
WITNESS the hands of the parties hereto as of the day and year first above set forth.
SAN JUAN COUNTY
By
ATTEST: Calvin Black, Chairman of the
Board of County Commissioners
Clerk
San Juan Region Medical Center/Farrmington - Don Carlson from the Southwest Community Health Services and Michael Funk from the San Juan Region Medical Center met with the Commission to present a proposal for the management of the San Juan County Hospital. Mr. Carlson had met previously with the Hospital Board and stated that there were a lot of positive things going for the hospital but by the same token there are other areas that are in definite need of upgrading. Mr. Carlson and Mr. Funk are having a team of technical people meet with the local staff to evaluate the local facility to specifically determine their role if they are to be involved in the management of the hospital. The Commission was appreciative of the proposal and will consider the formal proposal once it is completed.
San Juan County Health Care - Hospital Administrator John Fellmeth asked if the Board would waive Dr. MacNeill's contract conditions to allow him to work in the Montezuma Creek clinic for three days after his contract termination with the Blanding Clinic. The nurse practitioner is going to a conference and has asked Dr. MacNeill to work while he is gone. Dr. MacNeill has not made the request but Mr. Fellmeth wanted the approval of the board if Dr. MacNeill were to agree. The Board stated that if Dr. Nichols had no objections, they would approve the waiver.
Mr. Fellmeth requested that the patching crew make some repairs in the road caused by the work done on the curb by the hospital. Commissioner Bailey will follow through on the request.
COMMISSIONER CALVIN BLACK'S REPORT
Small Business Development Conference - A Small Business Development Conference will be held in Moab on August 4th.
Federal Procurement Officer/Sam Cooper - Sam Cooper, Federal Procurement Consultant with the Department of Community and Economic Development for the State of Utah, will be in Blanding on August 9th. There will be a two-hour workshop held at the Edge of the Cedars beginning at 8 a.m. to review obtaining government contracts with any interested business people.
DDIA Lease - A notice has been received from the Utah Division of Indian Affairs that the lease on the old Blanding health building has expired. Under the terms of the lease they want to lease it for an additional three-year term. It is being used for the Blue Mountain Dine' off reservation chapter.
Long Canyon Road - Commissioner Black talked with Neldon Holt regarding the building of a road to bypass his property in order to reach some public property behind his property. County Engineer Doug Pehrson will go look at the proposed area.
Cedar Mesa Leases - A meeting with Lisle Adams and the Director of State Lands will be set up to resolve some problems with leases on Cedar Mesa.
Hill-Burton Bill - Judy Jaussi of Congressman Nielson's office called to say that the Hill-Burton bill is ready and they hope to get it attached to another bill right away. The bill will set up a trust fund to take pay for uncompensated care of the hospital. Ms. Jaussi will keep the Commission informed as to the progress of the bill.
Grand Resource Areas - Commissioner Black has reviewed the proposed resource management amendments for the Grand Resource Area. Mr. Black didn't find anything that would be a problem.
Lake Powell Region Resource Development Council - The Lake Powell Region Resource Development Council will be meeting at Lake Powell on August 4th and 5th to look at those areas that are contemplated in the proposed land trade.
Blanding Senior Citizens Building - Commissioner Black reported that there have been a number of concerns and complaints about the access into the senior citizens area in the Blanding Library. The existing ramp is quite difficult for some people to negotiate and for getting supplies into the building. Commissioner Bailey will check on the cost of purchasing a motorized cart and an elevator for use at the building. Colleen Harvey, the cook at the center, has also requested another refrigerator for the center. Aging Director, Rick Bailey, will get bids for the purchase of a new refrigerator.
Commissioner's Workshop - There is a Commissioner's Workshop to be held September 8th and 9th at Sweetwater, Utah.
Tax Litigation - Attorney Lyle Anderson calculates that during the period from 1978 to 1987 the Navajo Tribe has received about $240,000,000 from oil royalties off the Utah portion of the reservation and about $126,000,000 in Tribal Taxes. The State and County total has been considerably less than that.
COMMISSIONER KENNETH BAILEY'S REPORT
Montezuma Creek Police Station - The plans and spec's are all ready to proceed with the advertising for bids on the Montezuma Creek Police Station. A motion to authorize Commissioner Bailey to proceed with the advertising pending final review of the plans was made by Commissioner Maryboy and seconded by Commissioner Bailey. UNANIMOUS. A copy of the plans will be sent to William Kellog of the Navajo Tribal Police Department.
Road Foreman - A letter has been drafted to all the applicants for the road foreman position. They will be asked to submit an organizational plan for the department and their ideas as to how it should be administered. This will aid in interviewing the applicants which will begin on August 22.
Tannery Operation - Commissioner Bailey wrote a letter regarding the tannery operation which is being considered for the Monticello area. The County will support the City of Monticello's application for funding from the Community Impact board for the construction of the plant facility. The building would then be leased from the County. Mr. Bailey will continue to work with interested individuals on this project.
Revolving Loan Fund - The County will advertise for applications from individuals for funding through the County Revolving Loan Fund.
County Auction - The Commission decided there was not sufficient County equipment or other items that would warrant holding a formal auction this year. There are sane dump trucks and pickups that the Commission felt could be organized in an area where they could be viewed, a minimum price set, and sealed bids accepted from individuals who wish to purchase them. A letter will be sent to Jim Flowers notifying him that the County would not require his services for an auction.
Approach to Jerry Holliday Batch Plant - Commissioner Bailey reported a problem with the approach to the batch plant of Holliday Construction. The present approach runs water down the hill and across the County road. Mr. Holliday will be willing to rectify the situation if owners of adjoining property agree to what needs to be done.
Loader Vandalism - Conmissioner Bailey stated that the Sheriff's department has not completed the investigation of the vandalism of a County loader in the Montezuma Creek area. A licence number had been obtained from a vehicle in the area and given to the sheriff's department to use as a possible witness to the incident but the individual has yet to be contacted. The Commission felt that the longer the issue is put off the less the individual would remember concerning the incident. Sheriff Lacy stated that such matters will receive priority consideration in the future.
Holliday Construction/Gravel Crushing - The Commission and County Engineer Doug Pehrson reviewed the agreement with Holliday Construction regarding the crushing of gravel for the Hart's Draw Road. Mr. Holliday had indicated that he would lower his original bid of $5.50 per yard to $5.00 if the specs on the 200 would be raised from 10 percent to 15 percent. He also indicated that he would lower the price if the total amount to be crushed was raised. Mr. Pehrson stated that 15% would be too dirty and would not be acceptable to Forest Service specs. Mr. Pehrson was asked to contact Mr. Holliday with regard to increasing the total amount to 15,000 and change the specs on the 200 mix from 3 to 10 to 3 to 12 and let the Commission know how much he would crush the gravel for. As soon as Mr. Holliday provides that information, the Commission authorized Mr. Pehrson to make a final decision so that the project can proceed.
Southern Paving/LaSal Road/Gravel - Commissioner Bailey reported that Southern Paving is crushing gravel in the LaSal area and is ready for the County to schedule trucks to haul the gravel away from the crusher. The County does not have a loader to send over there. Brenda Stocks of Southern Paving said they would load the gravel for $5.00 a load. The contract haulers said they do not want to haul more on their trucks than 15 yards.
Brown's Canyon Gravel Pit - The County is in need of some pit run gravel in the near future. There is some pit run in a gravel pit on some BLM property behind the Don Brown property but the County needs to obtain an archaeological clearance on the pit before the rock can be removed. Commissioner Bailey felt that if some reclamation could be done on the Lam's Draw pit the BLM would be willing to give the permit sooner. The BLM has been asking for the reclamation for a couple of years but it hasn't been done yet. The County crews will go ahead with the reclamation until the permit is obtained.
Acting Road Foreman/George Barry - Commissioner Bailey recommended that Acting Road Foreman George Barry be paid $2,019 for the assistance he has given the road department. Mr. Barry will be finished after August 2nd then Karl Barton will serve as acting foreman.
950 Loader - Shop Foreman Victor Nebeker will be asked to make up a cost estimate of what it would take to repair the 950 loader, if it is worth repairing.
COMMISSIONER MARK MARYBOY'S REPORT
White Shale Pit/Mexican Water - Commissioner Maryboy reported that a letter has been received from the Bureau of Indian Affairs regarding the white shale pit near Mexican Water. The letter stated that the BIA does not object to the placement of pit-run materials on the BIA system roads by the County as long as proper engineering standards are followed for this type of work. As soon as an archeological survey report is received on the proposed white shale pit the BIA will proceed with the clearance request. After the clearance request is approved, it will be made available for County use.
Alkali Creek Pit - Robert Montoya, of the Navajo Tribe, indicated that the archaeological clearance on the Alkali Creek white shale pit will be forth coming.
Hatch Road - The residents of Hatch would like to have the road paved in the area but one of the residents is not willing to allow the road on her allotment to be paved unless she is compensated for her property. The County will go ahead and do all of the work up to her property.
Archaeological Study/Oljato Bridge - Cortmissioner Maryboy reported that the archaeological study completed by Bill Davis has not been accepted by the BIA Archaeologist Jim Chase and that is holding up the project on the Oljato Bridge. Jim Copeland, Navajo Tribe Archaeologist, will contact Kathy Kraatsf the BIA area archaeologist, to see if she will go look at the site and change the report so that it can be approved. Commissioner Bailey will call Lloyd Begay, assistant to Johnny Thompson, to reinforce Commissioner Maryboy'd efforts to get the archaeological study cleared.
Red Mesa Fences - At a Red Mesa Chapter meeting a request was made to ask the County to put fences along the road from Montezuma Creek to the state line. The Commissioners stated that the County does not have sufficient funds to maintain the County roads and build fences too. The County has not had a policy to build fences along County roads. If the residents would like to build the fences the County would have no objections. The suggestion was made to contact the BIA or UNDC to see if they would be willing to install the fences.
Red Mesa Road - Chapter officials would like to have the striping on the road at Red Mesa replaced and the pot holes repaired.
BIA School Roads - Commissioner Maryboy will be meeting with Eva Benally, principal of the BIA School regarding some roads that should be put on the County B Road system. Commissioner Bailey stated that if the roads meet the BIA standards they will be put on the County system.
Sunday Beer Sales - There are some store owners who are confused as to the wording of the County Beer Ordinance regarding the sale of beer on Sunday. They were under the impression that during the months between May and October they would not be able to sell beer on Sunday. The Commission indicated that the ordinance meant the establishments could stay open an hour longer during those months.
Bluff Mosquito Fogger - Commissioner Maryboy requested County assistance for Roy Pearson who is using his own vehicle to haul the mosquito fogger around. The Commission said Mr. Pehrson should turn in a mileage request for reimbursement of his expenses. County Health Officer Greg Adams said that the County ought to consider creating a mosquito abatement districts to eradicate the problem as the fogger is just killing adult mosquitos and does not affect the larvae.
BILLS APPROVED FOR PAYMENT
Dain Allred umpire baseball $ 85.00
Darin Allred umpire baseball 47.00
Jason Atkinson softball tournament 160.80
Canyonlanders entertainment 20.00
Callaghan & Company supplies attorney's office 44.05
Fire Protection Publications supplies emergency services 182.56
Frank's parts road department 10,000.00
Gary Jones witness fees 89.00
Edwin S. Johnson bail refund 10.00
Mervin Kupushin horse show judging 335.00
Helen Kuenzier 4-H judging style review 30.00
Lawco supplies sheriff's department 222.76
Mitchell J. McCann standby firefighter 38.75
Ed McKelvey restitution 20.00
Monene Manzanares director of girls softball 200.00
Michigan Pneumatic Tool, Inc. parts road department 45.74
National Fire Insurance Company purchase diesel case unitloader 10,222.22
Christian Nielson water ballet, Blanding 24.50
Lyle Nielson director of peanut league 240.00
Oxmoor House supplies library (M) 20.93
Petra Computer Services computer supplies 567.00
Rocky Mountain Rodeo Association prize money 1,000.00
Rockbottom Books supplies library (M) 54.66
Justin Scherick softball tournament 160.80
Shirley's Bakery donuts sheriff's office 11.70
San Juan County Fairboard stock charges rodeo 500.00
Heidi Slavens director girls softball 285.00
Robert Shumway entertainment 20.00
Sunshine Generation entertainment 20.00
Tire Guide back issue sheriff's office 67.15
Utah State Tax Commission services assessor's office 1,396.80
Raymond C. Unger partial refund of bail 30.00
Rodney Workman director of pinto league 496.00
Brandon Wright witness fees 20.60
John Richardson replace lens 50.00
Arnold Machinery Company parts road department 2,870.72
Baker and Taylor supplies library (M) 35.78
Wynn E. Bartholomew garnishment: Larry Begay 257.30
Blanding City of utilities recreation department 1,223.76
Blanding City Justice Court sheriffs office collection 92.00
Car Care Center L.P. Gas road department 52.25
Caun-Co., Incorporated supplies road department 185.83
Continental Tel Co of the West telephone charges recreation 755.82
Delwes Company, Inc. supplies library (M) 21.46
Dyna Med supplies road department 355.00
Elf Asphalt supplies patch crew road department 1,732.00
Empire Electric Association, Inc. utilities courthouse 1,925.13
H.D./Wycoff Delivery Service freight charges road department 24.20
Kenny Harris standby firefighter 60.00
Inkley's supplies sheriffs office 80.20
Max Ksiazkiewicz travel expenses 24.00
Low's Auto Parts supplies road department 475.21
Mark Maryboy travel June 1988 299.04
Monticello City Justice/Peace sheriffs office collection 35.00
Monticello City of utilities courthouse 123.82
Monticello Mercantile supplies fire control 555.42
Monticello Plumbing & Heating supplies courthouse 16.33
Motorola Incorporated supplies emergency service 41.56
Motor Parts Company supplies road department 1,581.31
Motor Parts parts road department 1,929.84
Gus Paulos Chevrolet, Inc. parts supplies road department 202.66
Professional Armaments supplies sheriffs department 76.42
Quill Corporation supplies purchasing department 209.72
Kevin R. Rhoades phone calls San Juan County queen 45.00
Rufina Romero cleaning sr. center July. 40.00
Salt Lake Stamp Company supplies clerks office 39.78
San Juan County postage 4-H council 47.10
San Juan County Extension Office 4-H premium money 500.00
San Juan County Fair premium money 1,500.00
SJC Seventh Circuit Court Kern Dutchie 20.00
San Juan Health Care Services operating transfer 24,996.00
San Juan Pharmacy supplies road office 57.22
The San Juan Record office supplies attorneys 118.70
Saveway Automotive fuel road department 3,708.00
Dayne Shumway hauling road department 154.00
Sorbus IBM printer 280.06
Tom Swanger Sales supplies road department 56.50
Texaco Refining & Marketing Inc. gas sheriffs department 16.43
Times-Independent ad road foreman 178.56
Utah Gas Service Company utilities recreation department 300.87
Utah Local Gov't Ins. Trust liability for County 908.00
Utah State Attorney General San Juan Tax Case 139,971.63
Veralex, Incorporated service attorneys department 10.00
Adjourn - There being no further business the meeting adjourned at 3:30 p.m.
Calvin Black, Chairman Merna C. Johnson, Deputy Clerk