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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD

JANUARY 24, 1983

The Board of County Commissioners met in regular session on Monday the 24th day of January, at the hour of 10:00 a.m. in the Courthouse at Monticello, Utah.

On roll call, the following members were present: Commissioner Calvin Black, Chairman

Commissioner Kenneth R. Bailey

Commissioner Robert Low was excused.

Minutes of the previous week were read and approved with the specified corrections upon the motion of Commissioner Bailey and the motion carried unanimously.

REDCLIFF RODEO CLUB REQUESTS HELP WITH RODEO GROUND

Doug Pehrson, County Engineer, has been contacted regarding the request by the Redcliff Rodeo Club for County assistance in leveling a Rodeo arena for the Red Mesa Area. Further information will be obtained on this request and Commissioner Bailey will report back to the Board of Commissioners.

LOCATION OF EMERGENCY FACILITIES AT MONTEZUMA CREEK DISCUSSED

Commissioner Bailey reported on plans for building an ambulance and fire station on School District property in Montezuma Creek. Commissioner Bailey feels the planned facility should be moved further from the school buildings and closer to the edge of the property line, allowing 75 feet of space rather

than 56 feet. Commissioner Bailey also recommended that two new fuel tanks be installed by the County to replace the existing storage tank which is too low.

FOREST SERVICE REQUIREMENTS FOR ABAJQ PEAK ELECTRONIC FACILITY DISCUSSED

A letter written to the County Commission by Ronald D. Dickemore, District Ranger for the U.S. Forest Service, outlining Forest Service requirements for the Abajo Peak electronics building was discussed. The letter will be forwarded for action to Jim Allred, County Communications Engineer. Paul Foreman will be available to assist with the work to be done.

MAINTENANCE COOPERATIVE AGREEMENT REVISED AND APPROVED

Contract negotiations continued with the Bureau of Indian Affairs for a Cooperative Agreement for road maintenance in the Shiprock area. Comissioner Bailey made a motion that the Maintenance Cooperative Agreement be approved with specified changes and that he be authorized to sign the Agreement on behalf of the Commission. The changes specified were as follows:

1. San Juan County responsible for installation and upkeep of road hazard warning signs on paved roads only and not on earth roads.

2. San Juan County to maintain paint striping of road center lines as needed rather than yearly.

3. Paragraph to be changed to the following: "The Contractor shall conform to all laws, regulations and ordinances affecting the performance of this Agreement. The Navajo Tribe, Bureau of Indian Affairs, and/or some other agency shall provide all required right-of-ways, material, site permits, road material permits and archeological clearances without cost to San Juan County.

The motion to approve the Cooperative Maintenance Agreement as revised and to authorize Commissioner Bailey to sign the Agreement was seconded by Commissioner Black and carried unanimously.

CITY ROAD REQUESTS AND ROAD FUNDING TO CITY DISCUSSED

Doug Pehrson, County Engineer, and Bernal Bradford, County Road Superintendent are reviewing 1983 Road Requests from the City of Monticello. Commissioner Bailey will meet with the Monticello City Council to discuss road requests.

Commissioner Bailey will also inform City Officials by letter and at City Council Meetings that one of the purposes of increasing the percentage paid by the County on roads in the Cities from 50% to 70% was to encourage City involvement in curb and gutter and sidewalk projects.

Commissioner Bailey will request a report from each City containing the following information:

1. What new curbs, gutters and sidewalks were placed in the City during 1982.

2. The Policy adopted by each City for curb and gutter and sidewalk projects.

3. What curb and gutter and sidewalk projects are planned for 1983.

RIO ALGOM ROAD REPAIR DISCUSSED

Doug Pehrson, County Engineer, and Bernal Bradford, County Road Superintendent, are to meet with Mr. Merv Lawton, of Rio Algom Corporation, to discuss repairs on the Rio Algom Road. It would cost an estimated $240,000.00 to put a 2-inch overlay on about 6 miles of this road and the feasibility of such an overlay will require additional consideration since the activity level on this road will be decreasing.

SICK LEAVE POLICY FOR COUNTY EMPLOYEES DISCUSSED

Commissioner Bailey reported on abuse of the County Sick Leave Policy. The Commission feels that sick leave should not be considered an "optional day off" and that sick days should be used only as needed. The County Sick Leave Policy will be reviewed when all County Commissioners are present.

WEED BOARD YEAR END REPORT

Commissioner Bailey reported that individuals participating in the weed control program are spending approximately $3.00 to each $1.00 paid by the County. The total amount spent by individuals in 1983 was $98,038 while the cost to the County was $33,840. The members of the Weed Board were well satisfied with the program and voted to continue the same program during 1983.

MERLIN GROVER MEETS WITH COUNTY ROAD DEPARTMENT

Commissioner Bailey reported that Merlin Grover, Rancher, had met with Doug Pehrson and Bernal Bradford of the County Road Department to discuss installation of a 92 to 96-inch culvert or a cattle underpass on State land. An agreement as to what is to be placed must be reached with the State of Utah. The placement of a cattle underpass would increase the cost to the County by over $2,000. A motion was made by Commissioner Bailey that he and Doug Pehrson be authorized to act and sign for the County on this matter. The motion was seconded by Calvin Black and carried unanimously.

BLUFF TO MONTEZUMA CREEK ROAD COSTS

The Engineer's estimate for steel costs for the Bluff to Montezuma Creek Road was less than the actual required cost by approximately $16,000.00. The required costs and State regulations are being evaluated and Commissioner Bailey and Doug Pehrson, County Engineer, are authorized to follow through with any necessary action in this matter.

CANYONLANDS NATIONAL PARK ORIGINAL MANAGEMENT PLAN DISCUSSED

Commissioner Calvin Black reported that efforts are being made at County and State levels to reopen the original Management Plan for Canyonlands National Park so that the Park may be used and enjoyed by more people. The original goals of the plan have been set aside and very little progress has been made toward them.

GOVERNOR'S ADVISORY COUNCIL MEETING

Commissioner Black recommended the addition of the following topics to the Agenda for the Governor's Advisory Council Meeting on Friday, January 28, 1983:

1. Discussion on Project BOLD.

2. Report on In-lieu Selection.

3. Legislation for Payment In-lieu of Taxes on State lands.

CONTINENTAL TELEPHONE SENDS LETTER OF EXPLANATION

Commissioner Black read a letter from Vanita Hunt of Continental Telephone which outlined the causes of recent telephone problems in the County Courthouse and reasons for delay in repairs. A constant voltage regulator has been installed which should greatly reduce future problems with the telephone system.

UTAH STATE RETIREMENT BOARD COMPLETES ACTURARIAL STUDIES

Commissioner Black read a letter from the Utah State Retirement Board recommending a decrease in the employer contribution to the State Retirement Fund. No decrease in contribution or increase in benefits can be effected until issues currently under litigation are resolved.

FEDERAL SURPLUS PROPERTY PROGRAM RESOLUTION NO. 1983-2

Commissioner Kenneth R. Bailey moved to adopt Resolution No. 1983-2 authorizing Rigby Wright, County Sheriff, to act as a County Representative to secure the transfer of surplus Federal property through the Utah State Agency for Surplus Property. The motion was seconded by Commissioner Black and passed unanimously.

BID FOR COUNTY AUDIT AWARDED

The Commission opened the sealed bids for the County Audit. The bids were as follows:

R. J. Fellmeth . . . $7,675.00 Less $300 allowed for consultation (as clarified by telephone call to John Fellmeth) -300.00

$7,375.00

Smuin and Rich . . . .$7,000.00

Commissioner Bailey moved to accept the Smuin & Rich proposal. The motion was seconded by Commissioner Black and carried unanimously. Smuin & Rich will be notified that they may begin the audit at their convenience.

BEER LICENSE APPLICATION

Carl Wallace of Navajo Twins Trading Company, Bluff, Utah, requested information to apply for a Beer License. Mr. Wallace does not feel there should be a limit on the number of Beer Licenses issued as long as license conditions are met. The Commission deferred approval or denial on this request until such time as Mr. Wallace submits an Application and Bond to the Clerk's Office.

REQUEST FOR INTER-DEPARTMENTAL ASSISTANCE

Peggy Humphries of the San Juan County Development Council and Sue Morrell of the U.S.U. Extension Office met with the Commission to request that Sue Morrell, when free from her regular duties, be allowed to assist Peggy Humphreys.

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REQUEST FOR INTER-DEPARTMENTAL ASSISTANCE (Continued)

The Commission agreed to this request and felt it would be an efficient use of time for a public employee since no additional pay would be necessary.

AGREEMENT FOR EXTENSION-COUNTY BUDGET

Commissioner Black signed an Agreement between the Utah State University Extension Service and the Board of County Commissioners authorizing a total budget of $20,000.00 as previously approved in the 1983 County Budget.

RECAPTURE DAM RECREATION PROJECT

Norman Nielson, Chairman of the San Juan Water Conservancy District, and Doug Bedke, Engineer, met with the Commission to discuss the Recapture Dam Recreation Project.

BILLS PRESENTED FOR APPROVAL AND PAYMENT:

Utah State Department of Transportation 1983 Inspection Packet $ 25.00

Martin Door Manufacturing Commercial Doors, Etc. 1,093.00

Wayne Ball Jan. 1983 Janitorial Services - Monticello Library 220.00

Bantam Books Book 9.69

Oley Black Travel 21.00

Blanding Home Center Supplies 121.64

Bernal Bradford Travel 21.00

Bronson's Exacto Blades 4.34

Central Utah Insurance Agency Insurance on 1983 Chev Van 57.00

Crockett Container Corporation 1,000 Boxes for Mailing Brochures 299.00

Department of Public Safety Radio Service for Nov. 1982 133.60

E-Z Mart Gas & Groceries 37.91

W. E. Hoggard, Jr. Refund of Overpayment of Airport Hanger Rent 200.00

Husky Oil Company Gasoline 65.71

Salt Lake Stamp Company Rubber Stamps 62.81

San Juan County Road Department Gasoline and Tires 578.56

San Juan Development Board Petty Cash 73.58

Eric Swenson Jan. 1983 Legal Services - Public Defender 500.00

Gary Martineau Jan. 1983 Janitorial Services - Blanding Library 385.00

National Chemsearch Freight 33.03

National Sheriff's Association Membership Dues 15.00

Navajo Tribal Utility Authority Utility 58.26

Burt Odette Jan. 1983 Janitorial Services - Monticello Library 165.00

Quality Book Store Books 73.18

Rogers Foods Supplies 2.24

City Drug Store Christmas Lights 5.45

Texaco, Inc. Gasoline 335.49

TraveLodge Travel 156.00

U.S. Identification Manual Subscription to Annual Updating Service 35.00

Utah Gas Service Company Utilities Monticello Swimming Pool & Courthouse 1,876.99

Utah Navajo Industries Building Materials 246.17

Utah Power & Light Company Utility 138.35

Sheriff D. Douglas Bodereo Dues for the Utah Sheriff's Association 1983 100.00

Utah State Agency for Surplus Property Supplies 25.89

Western Road Machinery Company Asphalt Crack Filler 900.00

West Publishing Company Law Books 122.00

First Security Bank of Utah Purchase General Fund TCD 358,535.27

RESOLUTION FOR TAX ANTICIPATION BONDS (Resolution Number 1983-3)

The Board of County Commissioners of San Juan County, State of Utah, met in regular session on Monday the 24th Day of January, 1983 at the Hour of Ten O'clock, a.m., in the Courthouse at Monticello, Utah. On roll call, the following members were present: Calvin Black, Chairman

Kenneth R. Bailey, Commissioner

Also present: Mary Jane Phillips, Deputy Clerk Glenis B. Pearson, Deputy Clerk

Absent: Robert R. Low, Commissioner

The minutes of the previous meeting were read and approved, and other business was conducted. Thereafter, Commissioner Kenneth R. Bailey introduced the following resolution in writing and moved its adoption:

RESOLUTION

WHEREAS, there is an immediate and pressing need for raising funds to the amount of $2,000,000.00 for the year 1983 until the payment of taxes for the year 1983, and

WHEREAS, the sum of Two Million Dollars ($2,000,000.00) required to be raised is not in excess of seventy-five per cent (75%) of said revenue for the year 1983, and

NOW, THEREFORE, BE IT RESOLVED that San Juan County, for the purpose of meeting the current expenses of said County for the year 1983 until the payment of taxes for the year 1983, shall borrow the sum of Two Million Dollars ($2,000,000.00) and for that purpose as evidence of such indebtedness shall issue Twenty (20) bonds, numbered one (1) to Twenty (20), both inclusive, in the denomination of $100,000.00 each, bearing interest at the rate of Seven and One-half per cent (7.5%) per annum from date until paid.

Said bonds shall bear date as of the 17th day of January, 1983, shall be known as "San Juan County Bonds, Series of January 17, 1983" and shall be due and payable December 30, 1983, both principal and interest being payable at maturity in lawful money of the United States of America at the First Security Bank of Utah, N. A., Monticello, Utah, said bonds and each of them, except as to consecutive numbers, to be in substantially the following form to-wit:

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UNITED STATES OF AMERICA

STATE OF UTAH COUNTY OF SAN JUAN, UTAH

SAN JUAN COUNTY BOND

No._______________ SERIES OF JANUARY 17, 1983

TAX ANTICIPATION BOND KNOW ALL MEN BY THESE PRESENTS:

That San Juan County, State of Utah, hereby acknowledges itself to be indebted and for value received hereby promises to pay to the bearer hereof the sum of

ONE HUNDRED THOUSAND DOLLARS ($100,000.00)

in lawful money of the United States of America, on the 31st day of December, 1983, at the First Security Bank of Utah, N. A., Monticello, Utah, with interest thereon at the rate of seven and one-half per cent (7.5%) per annum from date until paid, payable at maturity.

This bond is one of a series of bonds of like tenor and effect, numbered from one (1) to twenty (20), both inclusive, in the denomination of $100,000.00 each, and known as "San Juan County Tax Anticipation Bonds, Series of January 17, 1983," for the agregate sum of Two Million Dollars issued pursuant to Section 11-14-1 Utah Code Annotated 1953, as amended.

The Board of County Commissioners shall levy in the year 1983, a sufficient tax to pay the principal and interest on this bond as the same shall fall due, and this bond is issued in anticipation of the payment of such taxes for the year 1983.

It is hereby certified, recited and declared that the entire indebtedness of said county hereby incurred is not in excess of the taxes of said County levied or contracted for the purpose for which said taxes are levied.

It is further certified, recited and declared that all conditions, acts and things essential to the validity of this bond exist, have happened and have been done, and that every requirement of Law affecting the issue thereof has been duly complied with, and that this bond is within every debt and other limit prescribed by the Constitution and laws of said State, and that the full faith and credit of San Juan County are hereby irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms.

IN WITNESS WHEREOF, San Juan County, by its Board of Commissioners, has caused this bond to be signed by its Chairman and by the County Treasurer and attested by the Clark of said County and the Seal of said County to be affixed hereto as of this 17th day of January, 1983.

ATTEST:

(Do Not Sign)______________ ________(Do Not Sign)___________

County Clerk Chairman

________(Do Not Sign) __________

County Treasurer

There shall be endorsed on each of said bonds the following:

COUNTY AUDITOR'S CERTIFICATE

I, Gail L. Dalton , Auditor of San Juan County, State of Utah, do hereby certify that this bond is issued pursuant to law and is within the lawful debt limit of said County.

_________(Do Not Sign)__________

County Auditor

Said bonds and each of them shall be signed by the Chairman of the Board of County Commissioners of said County and by the County Treasurer and attested by the Clerk of said County, and sealed with the seal of said County. The Chairman of the Board of County Commissioners of said County is hereby author-ized, empowered and directed to sign, the County Treasurer to also sign, and the County Clerk to sign and attest and affix the seal of said County to each of said bonds, and the acts of said Chairman, Treasurer and Clerk in so doing are and shall be the act and deed of San Juan County.

BE IT FURTHER RESOLVED AND ORDERED that there shall be levied by the Board of Commissioners in the year 1983 a sufficient tax to pay the principal and interest on said bonds as the same fall due, and there is hereby appropriated from the collection of taxes for the year 1983 a sum sufficient to pay both principal and interest of these bonds as the same small fall due, and for the payment of said bonds and the interest thereon, the full faith, credit and taxing power of San Juan County are hereby irrevocably pledged and the Board of County Commissioners hereby convenants and agrees with the holders of said bonds to levy in the year 1983 sufficient taxes to provide for the payment of principal and interest of these bonds.

NOW,THEREFORE, BE IT FURTHER RESOLVED that said $2,000,000.00 of San Juan County Tax Anticipation Bonds so issued shall be delivered to the County Treasurer and his receipt taken therefor and he shall stand charged on his official bond with the bonds delivered to him and the proceeds thereof, and he shall deliver said bonds to the First Security Bank of Utah, N.A., their agents or assigns, as per the terms of their agreement to purchase, as and when said bonds may be and are legally issued, upon receipt of the purchase price therefor and accrued interest, as the funds are needed, which said price is this day ratified and confirmed, and the Chairman of the Board of County Commissioners and the Treasurer of San Juan County are hereby authorized and directed to sign, execute, deliver and issue, as the act and deed of said San Juan County, the said bonds may be legally issued and delivered, and the County Clerk is here-by authorized and directed to place upon each of said bonds his certificate in the manner and form here-inbefore set forth.

The adoption of the above and foregoing resolution was seconded by Commissioner Calvin Black, and being put to a vote, such resolution was carried by the affirmative vote of all the Commissioners, the

vote being as follows: Calvin Black, Chairman ..... "Aye"

Kenneth R. Bailey........"Aye"

Thereupon, the Chairman Declared said resolution duly adopted.

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There being no further business for this day, the meeting was adjourned at 2:30 p.m.

Calvin Black, Chairman Glenis B. Pearson, Deputy Clerk