SAN JUAN COUNTY COMMISSION JANUARY 26, 1987 Page 241
The San Juan County Commission met in regular session on January 26, 1987 at the hour of 10 a.m. at the San Juan County Courthouse, Monticello, Utah.
The following members were present: Commissioner Blackf Chairman
Commissioner Bailey Commissioner Maryboy
Minutes of the January 20, 1987 Commission meeting were approved on the motion of Commissioner Maryboy and seconded by Commission Bailey. UNANIMOUS.
COMMISSIONER CALVIN BLACK'S REPORT
Governor's Statement San Juan Resource Management Plan - Commissioner Black reported that Rep. Adams,
Senator Bunnel, Rep. Dmitrich, Rep. Nielson, and Rep. Christensen met with the Governor with respect to
the state's statement on the San Juan Resource Management Plan. Commissioner Black said Rep. Adams
received a letter from Ruth Ann Story, Governor's Staff Assistant, that was totally unacceptable. Bill
Howell, AOG, is drafting a statement with changes and plans to deliver to Rep. Adams today.
Utah Legislative - Trust Fund - Commissioner Black said he attended Utah Legislative meeting and sessions
last Thursday and Friday. H.B. 77 - the Trust Fund Amendment passed the house unanimously - which will
allow a county to keep excess amounts in a county property tax trust fund that results from a decrease in
assessed valuation.
Hovenweep Expansion - The House passed a resolution opposing any increase in acreage at Hovenweep
National Monument. Rep. Adams made good a statement opposing the expansion.
Governor's Breakfast - Commissioner Black reported that he attended the breakfast meeting last Friday at
the Governor's Mansion. The Governor talked about his tax proposal of $200 million plus increase and
budget. Commissioner Black said the state had a serious drop in revenue last year and even with this tax
increase it will only provide an additional $200,000 in the coming fiscal year.
Senator Hatch Task Force Meeting - Commissioner Black said he will be attending Senator Hatch's Task Force
Meeting in Moab tomorrow.
Oil & Gas Information report - Commissioner Black said that he spoke to Jim Peacock, Ex. Dir. Utah
Petroleum Association, and Mr. Peacock commented on the oil & gas information report that Rick Bailey,
Administrative Assistant, put together. Mr. Bailey said that he sent one to Mr. Peacock.
Land Law Bill - Commissioner Black said he, Bill Howell, AOG, and Mark Walsh met with Lt. Governor
Ovenson to discuss a issue the counties are concerned about with respect to the land law bill that would
provide, if passed, 25% of the mineral lease money to come back to the county it is produced from. There
is quite a lot of opposition to this bill.
COMMISSIONER MARK MARYBOY'S REPORT
Cross-Deputization - Window Rock - Commissioner Maryboy reported that he is going to Window Rock this
Thursday to meet with the Tribal police department to discuss cross-deputization. Commissioner Maryboy
said there is still a problem with the States accepting the Tribe's training. The Commission approved
this out-of-state travel for Commissioner Maryboy.
Bluff Meeting with Residents - Commissioner Maryboy reported that he met with the residents of Bluff to
discuss several concerns.
Mosquitos - One main concern is the mosquito problem they have in the summer. Commissioner Black
explained that the county worked last year with Bluff residents, the county extension agent and Utah State
University. The county purchased the chemicals and several residents were certified and volunteered to
spray the chemicals.
Stray Dogs - Commissioner Maryboy said another concern was controlling of stray dogs in Bluff. The
Commission discussed the possibility of a special service district for the Bluff area but animal control
is costly and would be difficult to enact and enforce county wide.
Dump Yard - Commissioner Maryboy said the Bluff residents said the dump yard is not being maintained.
Commissioner Bailey said the county built a fence around the yard a few years ago and it was stolen.
Commissioner Bailey said there is a problem with trash blowing away from the dump but opposes the county
installing another fence. If there needs to be another pit dug the road department needs to be notified
so that it can be covered and another one dug.
Economic Development - At the next meeting they will appoint someone from Bluff to serve on the Economic
Development Board.
Roads - Commissioner Maryboy said the road from the Montezuma Creek intersection to the new bridge needs
new strips painted and will contact the state highway.
TV Reception - The TV reception in Bluff is very poor and will contract Bill Bayles, Communications
Engineer, on this matter.
The next meeting in Bluff will be held February 25 at 6:30 at the Elementary School.
Commissioner Bailey said the county is planning to do some road work in Bluff this spring.
Red Mesa Planning Committee - Commissioner Maryboy reported that he will be meeting with the Red Mesa
Planning Committee tonight.
COMMISSIONER KENNETH BAILEY'S REPORT
Road department meeting all Commissioners - Next Monday the Commissioners will meet in the Commissioner's
room at 8:00 a.m. for the road meeting.
Lero's Draw - Gravel Crushing - Commissioner Bailey reported that the gravel crushing at Lem's Draw is not
going well. The crew has cut several trenches and hit several mud banks with little success in finding
gravel. So far it's been an expensive operation. Doug Pehrson, surveyor, is meeting with the BLM today
to see if the county can extend the lease further out.
Public Safety Building - Commissioner Bailey reported that he met with John Peterson, the architect, on
the general discussion of the Public Safety Building. Commissioner Bailey showed the Commission the
cinder brick they plan to use on the outside of the building. Commissioner Bailey said he is working with
Mr. Peterson to amend his bid documents so that equipment manufacturers incorporate warranties on their
equipment.
Monticello Library Leak - Commissioner Bailey said there is no gas leak at the Monticello Library but
there is broken flexible couplings and other problems.
Navajo Tribe Lease - Montezuma Creek Building - Commissioner Bailey reported that the county received the
lease between the Navajo Tribe of Indians and San Juan County for the Montezuma Creek building.
LEASE
THIS CONTRACT, in quintuplicate is made and entered into this 3rd day of July, 1986, by and between the NAVAJO TRIBE OF INDIANS, hereinafter called the LEssor, whose address is P.O. Box 308, Window Rock, Arizona 86515, and San Juan County, by and through the San Juan County Commissioners, hereinafter called the Lessee, whose address is P.O. Box 338, Monticello, Utah 84535, under the provisions of the Act of August 9, 1955, as implemented by Part 162 (formerly Part 131) Leasing and Permitting of the Code of Federal Regulations, Title 25 - Indians, and any amendments thereto relative to leases on restricted lands which by this reference are made a part hereof.
1. LAND DESCRIPTION
For and in consideration of the rents, covenants, and agreements hereinafter set out, the Lessor hereby leases to the Lessee, a 0.9 acres, more or less, tract of land located at Montezuma Creek, San Juan County, Utah more fully described as follows:
Beginning at a Point North 435.3 ft & West 500.4 from the South 1/4 corner of sec. 32, T40S, R24E, SLB&M. Rng thence East 121.41 ft; thence South 111.82 ft; thence North 89 54'25" East, 223.19 ft; thence South 24 50' East, 1.04 ft; thence South 0 03' East, 77.5 ft; thence West 345.0 ft; thence North 0 03' West, 190.0 ft to the Point of Beginning. Containing 0.9 aces more or less, all located in Section 32, T40S, R24E, SLB&M.
Being 0.9 acres, more or less, in area and being subject to any and all existing easements or rights-of-way located therein.
2. PURPOSE
The purpose of this Lease shall be for the renovation, improvement and maintenance of an existing building which will be used to provide local governmental services to the Navajo people and other people eligible for those services and for a public safety facility consisting of a fire station, police substation, and other non-profit public facilities and services which serve the public health, safety and well being.
This lease was signed by the Commission in 1984 but the Tribe didn't approve the lease until July of 1986. Commissioner Bailey said he will review this lease with Doug Pehrson county surveyor.
Gravel Crushing Bid - Bluff - Commissioner Bailey said the road department would like to bid gravel crushing at Bluff so the county can do UNDC's road request from Red Mesa to the bluff to Mexican Water Rock. The county plans to prime and armor coat the existing road that is two or three miles west of Red Mesa.
Montezuma Creek Sidewalks - Commissioner Bailey said the county is planning to finish the construction of sidewalks in Montezuma Creek. The county has excavated and put in a gravel base but the problem is the edge of the roadway is narrow and dangerous. Commissioner Bailey said they will be contacting the state to see if extra money can be paid to install curb & gutter which will designate the sidewalk.
MRS, UTAH QUEEN PAGEANT
Cynthia Davis asked the Commission if the County would support her in the Mrs. Utah Queen Pageant. The Commission said it's not appropriate to use tax payers money for this but suggested she talk to the Development Board. The Development Board handles the publicity for the county and might feel this would be beneficial to the county. Ms. Davis said she would talk to Peggy Humphrey's, Tourist and Development, to get on the agenda of the Development Board.
SAN JUAN RESOURCE MANAGEMENT PLAN - State of Utah's Comments - C.HARDY REDD
C. Hardy Redd met with the Commission to ask how the meeting was between the local ranchers and the Governor. Commissioner Black said several ranchers from San Juan County and the President of the Utah Cattlemen's Association met with the Governor with respect to his statement on the San Juan Resource Management Plan. The Governor informed them that an amendment to the state's earlier letter is being drafted. (Those who attended were L. Hardy Redd, Robert Redd, David Adams, Rep. Corey Perkins, Lisle Adams and Sandy Johnson.)
BLANDING CITY - ROAD PROGRAM
Norman Johnson, Blanding City Manager, told the Commission the city had their 1987 road request program ready to submit to the county. Mr. Johnson invited the Commission to meet with the city council February 3 in Blanding at 7:00 p.m. at the city office to review the program.
NAVAJO TRIBE - BLM LAND SALE
Norman Johnson, Blanding City Manager, gave the Commission a copy of letter from the Mayor of Blanding to the BLM regarding the proposed 120 acres land sale to the Navajo Tribe. This land is located west of Blanding commonly known as West Water. The letter states "It is not the desire of the City to block the sale of this property on the basis that the City wanted any type of jurisdiction control over the property or the people who are now or may become residents there. The City would have only an indirect interest as it relates to our inter-agency cooperative agreements with San Juan County, since they are outside the corporate City limits of Blanding."
The Commission explained that the county defers to the city within a one-mile radius with respect to building permits, planning and zoning. Mr. Johnson said he was not aware of this. Mr. Johnson said UNDC is requesting a meeting tomorrow and invited all local Navajos to attend and solve problems. The city does not want to get into this kind of situation. The meeting is going to be cancelled and will be rescheduled with the representatives of each entities involved. Craig Halls, attorney, said the city's main concern is the jurisdiction of law enforcement, taxes, and zoning. The Commission expressed approval of the land sale if the Tribe, City of Blanding and County have an agreement on responsibilities.
SAN JUAN WATER CONSERVANCY DISTRICT
The Commission received the following letter from Mayor of City of Monticello:
January 20, 1987
San Juan County Commissioners San Juan County Courthouse P.O. Box 338 Monticello, Utah 84535
Re: San Juan County Water Conservancy District Appointments
Dear Commissioners,
We the members of the City Council of the City of Monticello feel that the appointment of the new members to the Water Conservancy District Board at this time is not prudent. Especially, at a time when so many projects have not been finished.
We feel, that the work Norman Nielson and other board members have done should commended; such as, Recapture Dam, Monticello Dam, Transmission line to Energy Fuels, and other projects. We feel that they should be allowed to complete the unfinished projects before being retired.
Norman Nielson is known in so many places on the Wasatch Front where it counts, such as, the Board of
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Water Resources. We feel it would be prudent to leave him and the others in their positions until all the projects they have started have come to completion.
There is no objection to the new members, in fact, we approve of than. Would it be possible for the new members to work together with the old group until the unfinished projects have been completed?
Sincerely,
CITY OF MONTICELLO
/s/ Keith Keith B. Redd Mayor
The Commission wrote the following letter:
January 26, 1987
Mayor Keith B. Redd P.O. Box 666 Monticello, Utah 84535
Dear Mayor:
Thank you for your letter of January 20, 1987 with respect to appointments to the San Juan Water Conservancy District.
The San Juan County Commission agrees with you on the accomplishments of the District Board in water development projects in San Juan County and the need for continuity.
As you may know we have recently appointed Gary Halls to replace Michael Young who resigned. Mr. Hardy Redd was re-appointed, Mr. Al Marks from Montezuma Creek was appointed to fill a vacancy which occurred by the resignation of Norman Johnson because of a conflict of interest when he became Blanding City Manager. Mr. Don Smith was appointed to replace Mr. Ivan Watkins whose term had expired and who is the President of the Blanding Irrigation Company and therefore had a conflict of interest.
The Commission has no intention at this time to make further changes. We recognize the experience and knowledge of Mr. Norman Nielson and the other board members and the need for continuity.
At the same time we are concerned that many projects have been completed or are under way where there are not complete written agreements and contracts between and among the parties concerned to assure equity, fairness, and to protect the legal rights of all parties and taxpayers. We are urging the Board to complete these agreements with appropriate parties with advice by legal council as soon as possible to protect themselves personally and in their capacities as they represent their fiduciary responsibilities.
We hope this answers you concerns. If you have further questions, please let me know.
Sincerely,
/s/ Calvin Black Calvin Black, Chairman San Juan County Commission
DUE BILL SYSTEM
After discussing the due bill system with Gail Johnson, clerk, the Commission agreed to adopt the Due Bill System for the County. Commissioner Bailey made the motion to adopt the Due Bill System and Commissioner Maryboy seconded the motion. UNANIMOUS.
A memo will be given to all department heads explaining the procedure of the system which will take effect February 1, 1987.
MONTICELLO AIRPORT
Bill Christensen, member of the Monticello City Council, met with the Commission with respect to repairs at the Monticello Airport. Mr. Christensen said the two commodes need to be replaced. The Commissioner approved the purchase of two commodes and told Mr. Christensen to get two quoted prices from local plumbers and to purchase the best buy.
PERSONNEL POLICY - HOLIDAY PAY - SHERIFF'S DEPARTMENT
Jerry Guthrie, jailer, met with the Commission concerning a policy change in the sheriff's office. Mr. Guthrie said he's been employed with the county for eight years and has been allowed to carry over his unused holidays year to year. Sheriff Lacy said he is going to abide strictly by the county policy which does not allow an employee to carry over any holidays. Mr. Guthrie said he does not want to lose his accrued holidays and feels something should be worked out. The Commission asked if there was anything in writing from the former Sheriff clarifying this. Mr. Guthrie said there was never anything said or in writing by Sheriff Wright it was just always done by the employees in the past. The personnel policy states; " When required to work on holidays you will be granted the equivalent time off in the two week period before or after the holiday." The Commission agreed that a final decision needs to be made and will ask Sheriff Lacy to check and see there are other sheriff department employees who are carrying over holidays. This will be put on the agenda for next week.
UTAH WILDLIFE RESOURCES - Foy Lake, Elk Transplant, Turkey Transplant
Guy Wallace, Utah Wildlife Resources, met with the Commission to discuss various topics. Mr. Wallace said there will no transplant of turkeys this year because there not enough available. UWR has been looking at releasing some Hungarian Partridge east of Monticello. This species of bird has done fairly well in winter wheat areas. Mr. Wallace said they cleaned out Foy Lake, closed the gate and it's now filling up with water. The Environmental Assessment on the Elk Transplant is being worked on but it has not been finalized. Mr. Wallace said even if it's approved it's probably too late to do any transplanting this year.
LETTERS FROM COMMISSION
Letters were written to Mr. Edward Tapaha thanking him for acceptance as a member of the Southeastern Utah Health District Board and Anna Benally thanking her for serving on this board. The Commission also wrote a letter to Mr. Bruce K. Halliday congratulating him on his nomination and appointment to the judgeship of the 12th Circuit Court for San Juan and Grand Counties.
AGREEMENTS BETWEEN CITY AND COUNTY
Rick Bailey, Administrative Assistant, asked the Commission if they would like to amend the Monticello
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City Agreement which expired December 3l,1986 or until terminated. (The agreement is for roads and fire
protection.) The Commission indicated that the Monticello agreement was adequate but would like to amend the City of Blanding's agreement to authorize them to receive the local option sales tax from Energy Fuels/UMETCO.
BEER LICENSES APPROVED
Gail Johnson, clerk, presented the Commission beer licenses for White Rocks Trading Post, Halls Crossing
Marina, and Halls Crossing Store. Commissioner Bailey made the motion to approve these beer licenses and Commissioner Maryboy seconded the motion. UNANIMOUS.
PERSONNEL POLICY - RETIREMENT ELECTED OFFICIALS
Gail Johnson, clerk, asked the Commission to the clarify the policy when an elected official exempts from
the state retirement system. Is the county obligated to pay state retirement on anyone who exempts
themselves from it? Prior to the change in the law all elected officials as well as county employees were required to be under the state retirement plan. The Legislature changed that law so that now elected
officials may opt out of the state retirement plan. The county approved the decision that elected officials may have the same amount of money that would be paid into the state retirement system of their choice. This money would be paid into private retirement or 401K plan regardless if the elected officials is drawing from former employment.
TOWOAC PRISONER AGREEMENT WITH COUNTY - JAIL FACILITY
Sheriff Lacy met with the Commission concerning the agreement to supply jail services to Towoac prisoners. Sheriff Lacy said that the county presently has eight Towoac prisoners and receives $10.00 per day per
prisoner. An average of 14 prisoners per day costs the county $27.19 per prisoner. This is for use of
matron, jailers, administrative, food, utilities, supplies, medical and insurance. Sheriff Lacy said he
would like to negotiate better arrangements with the Ute Mountain Tribe and will report to the Commission on the results at a later date.
HANGAR LEASE - MONTICELLO
Commissioner Bailey made the motion to approve the Hangar lease to Stanley W. Gabriel for Monticello Hangar #3. Commissioner Maryboy seconded the motion. UNANIMOUS.
BILLS APPROVED FOR PAYMEHT
Colonial Life & Accident Ins. liability from payroll run 469.58
Equitable Life Assurance Soc liability from payroll run 2,354.30
First Security Bank of Utah liability from payroll run 34,315.27
San Juan Credit Union liability from payroll run 1,022.83
State Tax Commission of Utah liability from payroll run 6,749.80
Utah Public Employees Assoc liability from payroll run 110.89
U.S.E. Credit Union liability from payroll run 5,253.98
Utah State Retirement Board liability from payroll run 571.94
Utah State Retirement Fund liability from payroll run 16,820.62
A & M Propane utilities Social Service Bldg 323.68
Abajo Electric supplies courthosue 166.00
Acme Sanitary Supply Company supplies courthouse 173.50
Bob Barker Company supplies sheriffs office 220.74
Black Oil Company fuel for sheriffs office 1,078.00
Caun-Co., Incorp. supplies road dept 42.61
M.V. Christensen hauling road dept 1,020.25
Continental Tel Co of West tele charges courthouse' 1,842.77
Rudolph Cook travel expenses 46.00
Empire Electric Assoc. Inc utilities courthouse 1,239.13
Fifth District Juvenile Court Olivia J. Martinez 480.00
H&K Lock Smith Shop locks repairs sheriff 18.00
Honest Dollar Construction hauling road dept 539.00
Horsehead Hardware supplies Sheriffs dept 8.95
International Business Machine installment payment 539.00
Inkley's supplies sheriffs dept 235.00
Rex Johnson restitution:W. Grant 50.00
Kar Products Inc. parts road dept 227.24
Kelly Company supplies District Court 78.00
Lyle Northern Electric Inc supplies library B 364.98
Mesa Sanitary Supply Company supplies sheriffs dept 16.85
Kenneth Miller hauling road dept 1,540.00
Monsen Engineering Company office supplies recorder 60.07
Montella, Barbara travel expenses Salt Lake 276.20
Monticello City utilities Courthouse 216.17
Monticello City Justice/Peace Hanish McPherson #8886 40.00
Monticello Mercantile Supplies Sheriffs office 16.25
Moore Business Forms, Inc. office supplies treasurer 20.54
National Assoc of counties membership 1987 265.00
Office Outpost supplies purchasing dept 231.47
Parkway Tire Center lube for sheriffs dept 6.00
Professional armaments supplies sheriffs dept 95.10
Rachel Romero cleaning senior center 40.00
Salt Lake Stamp Company office supplies 58.73
San Juan County wildlife collection fees 37.50
San Juan County Ext. office petty cash reimb 7.71
San Juan County Hospital work for San Juan County 750.00
S.J. County 12th Circuit Court Gerald Nakai 13.00
San Juan Pharmacy supplies sheriff dept 43.88
San Juan Pharmacy pictures sheriffs dept 19.43
The San Juan Record advertising dispatcher 6.75
Sears-Monticello Agency supplies sheriffs dept 110.94
Dayne Shumway Const. hauling road dept 1,559.25
Skyline Transport & Diesel rebuilt engine road dept 7,900.00
Soft Logic Solutions supplies assessors office 64.95
Bessie J. Spencer meals served Jan 87 831.00
Swenson, Eric P. public defender Jan 87 500.00
Holly Tatnall travel expenses 27.72
Texaco Refining & Marketing Inc. gas purchased sheriff 10.52
Turquois Service gas purchased sheriff 33.20
Utah's Canyonlands Thompson Display 526.60
Utah Local Gov't Ins Trust county insurance medical 10,539.49
Utah Power & Light Co utilities LaSal Fire St 295.69
Utah State Retirement Company judges retirement dist crt 45.00
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Utah State Treasurer collections for Jan 87 1,009.00
Utah State Treasurer justice of peace Jan 87 2,814.00
USU Extension Service(UMC50-B) letterhead extension 8.50
Steven E. Warren, M.D. Michael Glaze 40.00
Young's Machine Company labor parts courthouse 49.46
Steven Yellowman bail refund citation #11005 90.00
Carman J. Espinoza bail refund citation #b-101256 10.00
Mary Cantsee restitution received 50.00
Educator Mutual Insurance Co record search 10.00
Callister, Duncan & Nebeker legal service 588.36
Rodney E. Thompson bail refund #B-072915 45.00
ADJOURNED
There being no further business the meeting was adjourned at 3:30 p.m.
Calvin Black, Chairman Karen Halls; Deputy Clerk