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BOARD OF COUNTY COMMISSIONERS MEETING HELD MONDAY, MARCH 27, 1978
TIME: 10:10
PRESENT: E. S. Boyle, Commission Chairman
David Guymon, Member
Calvin Black, Member
Kristine Frost, Deputy
The minutes were read and approved on a motion by Commissioner Black and seconded by Commissioner Guymon.
WEST FOYER IN COURTHOUSE
Mr. Tom Kendrick met with the commissioners to discuss finishing the west foyer in the Courthouse and payment of the bill for this work. The commissioners stated that they would approve payment for this work and that this company would be payed as soon as the work was completed.
STATE FAIR MURAL
The commissioners discussed various places that the prize winning San Juan State Fair Entry could be placed. It was decided to loan this mural to the Edge of the Cedars Museum. Commissioner Boyle felt that they should take the responsibility for the upkeep. That is, if the painting were damaged then the Museum should seet that it is repaired.
PUMP
Mr. Del Hunter meet with the commissioners to discuss the pump that is presently on the furnace in the courthouse. He felt that it would not last much longer and that it might be wise to order a spare. The commissioners agreed and Del was asked to look into the various pumps and order the best one for our use.
BLUFF TO MONTEZUMA CREEK ROAD
Commissioner Black reported that the Joint County and City Roads and Streets Commission approved One Million Dollars for the Bluff to Montezuma Creek road. This money comes from the Federal Aid Secondary Funds programmed for the fiscal year of 1981. However, if the plans and equipment are ready to go then it could be possible for the county to get the funding before 1981.
Commissioner Boyle presented a letter from Les Sweeney, Area Manager of the Bureau of Land Management to the Utah Department of Transportation asking for better coordination on the Bluff to Montezuma Creek Road. Commissioner Boyle asked the deputy clerk to send a copy of this letter to Eckhoff, Watson, and Praetor asking that they work more closely with the BLM in the future.
WEED MEETINGS
Commissioner Guymon reported that Jim Stevens, Jim Heaton, and Commissioner Guymon attended weed control meetings at Utah State University. Commissioner Guymon stated that the weed specialists at Utah State don't like the idea of using fields of Morning Glory or Bindweed as pasture land as it spreads the morning glory rather than killing it. Morning Glory or Bindweed is a large problem in San Juan County.
LIBRARY BOARD MEETING
Commissioner Guymon stated that there would be a library board meeting held Tuesday night at 7:30 to hire a new custodian for the Blanding Library.
MENTAL HEALTH MEETING
Commissioner Boyle reported on the Mental Health Meeting. He stated that there had been a Management Survey had been made.
VOTING DISTRICTS IN BLANDING
Commissioner Black made the motion to adopt a resolution dividing the voting precincts in Blanding. Commissioner Guymon seconded the motion and it passed uananimously. The legal discription of the voting districts are as follows:
Precinct #10: (Blanding Northwest): Bg at intersection of 1st S. and 1st W, Blanding, and rg th N
to intersection with 5th N, E to center of Johnson Creek Road, N'ly along center of Johnson Creek
Road to intersection with Davis Pocket junction on N Elk where it intersects line between Township
32 and 33 S, W along T line to center of Colorado river, S'ly along center of Colorado river to where it
intersects line between Ts 36 and 37 S, E along T line to line between Range 21 and 22 E, N along
R line to a pt directly W of 1st S Street of Blanding, E to pt of beg.
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Precinct #11 (Blanding Southwest): Bg at 1st S and 1st W streets of Blanding, and rg th S to 5th S, E to center of highway 163, th s'ly along center of highway 163 to line between Ts 38 and 39 S, W along T line to line between Ts 16 and 17 E, S along R line to San Juan river, W'ly along San Juan River to center of Colorado river, NE'ly along center of Colorado river to S line of T381/2 S, E along T line to E line of R 11 E, N along R line to line between Ts 36 and 37 S, E along T line to line between Rs 21 and 22 E, N along R line to a pt directly W of 1st S of Blanding, E to pt of bg.
Precinct # 17 (Blanding Southeast): Bg at 1st S and 1st W streets in Blanding, and rg th E to line between Rs 22 and 23 E, S long R line to line between Ts 37 and 37 S, E along T line to center of Mont-ezuma Creek, S'ly along center of Montezuma Creek to line between Ts 38 and 39 S, W along T line to where it intersects the center of highway 163, N'ly along center of highway 163 to where it intersects 5th S street of Blanding, W to 1st W, N to pt of bg.
Precinct #18 (Blanding Northeast): Bg at 1st S and 1st W. of Blanding, and rg th E to line between Rs 22 and 23 E, S long R line to line between Ts 36 and 37 S, E along T line to center of Montezuma Creek, N'ly along center of Montezuma Creek to line between Ts 35 and 36 S, W along T line to where it intersects center of Johnson Creek road, S'ly along center of Johnson Creek Road to 5th N street of Blanding, W to 1st W, S to pt. of beg.
COUNTY ZONING ORDINANCE
The commissioners and the county attorney, Bennion Redd met to discuss the adopting of the County Zoning Ordinance.
FOREST SERVICE MEETING
Bryant Christensen, Lieb Miller, and Norbut Smith met with the Commissioners to discuss the South Cottonwood Road. Mr. Miller stated that the Forest Service can retain this road on their system even though they have an agreement with the county for the maintenance of this road. Mr. Christensen stated that they would have to work through the Master Co-op Agreement that the Forest Service has with the county. This agreement has been in effect since 1968. They can make a contribution of what the Forest Service would have spent had they taken care of the road. The commissioners agreed to take over maintenance on this road. The Forest Service men also asked the commissioners to take over the maintenance on the 1 mile stretch of forest road on the Blue Mountain Ranch road. The Commissioners agreed to do this. The Forest Service will prepare the agreement.
LEASE ON MONTEZUMA CREEK FIRE STATION
Mr. John Baker met with the Commissioners to present the Lease for the Montezuma Creek Fire Station. The Commissioners approved this on a motion by Commissioner Guymon and seconded by Commissioner Black. This passed unanimously. The Lease is as follows:
LEASE
Donald Kemner and Anna Kemner, his wife and Montezuma Creek Lions Club of Montezuma Creek, Utah hereinafter referred to as Lessor hereby let to San Juan County, a body corporate and politic of the State of Utah hereinafter referred to as Tenant that certain metal building contructed by the Monte-zuma Lions Club next to the Post Office at Montezuma Creek, Utah on premises leased to Danald and Anna Kemner under a Navajo Tribe Lease Number SR-60-24B and the premises on which the said metal building is contructed.
The term of lease shall be from date of this lease until the said Kemner lease with the Navajo Tribe is terminated or when the Tenant no longer uses said metal building as fire station or when ever the parties mutually agree to terminate this lease, whichever event shall occur first.
1. Tenant agrees to pay landlord as rental for said metal building and premises the sum of $1.00 a year.
2. Tenant shall have exclusive use of building.
3. Tenant will pay for all utility charges incurred in the use of said building.
4. Tenant can insulate said building and make other improvements at its own expense.
5. Tenant agrees to keep said building in as good condition as it now is less fair wear and tear.
6. Tenant shall be responsible for losses resulting from negligence or misconduct of its employees.
7. Tenant shall use said metal building and premises as a fire station and for housing a fire truck.
DATED this 17th day of March 1978.
TENANT: LANDLORD:
/s/ E. S. Boyle /s/ Donald Kemner
Commissioner Donald Kemner
/s/ Dave Guymon /s/ Anna Kemner
Commissioner Anna Kemner
/s/ Calvin Black /s/ Marvin W. Miller
Commissioner As President of Montezuma Creek Lions Club
BLUFF MISC.
Mr and Mrs. John Tompson met with the commissioners to discuss the county recreation program in Bluff. The commissioners asked them to try and recommend several dependable people in Bluff who could and would handle this program.
The Thompsons and the Commissioners also discussed the HUD workshop which they had attended in behalf of the town of Bluff for funds for the Multi-purpose building in Bluff.
The Thompsons stated that there is a rumor being circulated in Bluff that when the City of Bluff disincorporates itself that the commissioners would build their sewer and any other project that the ex-town would need. The Commissioners stated that they could not build a sewer for Bluff or any other town, incorporated or unincorporated. It was legally impossible for them to do this, stated that if the Town of Bluff disincorporated then they would loose.
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Commissioner Boyle reported that representatives of the Cities of Blanding and Monticello and himself met with Mr. Sterling Davis of the District 4 Department of Transportation to discuss the sidewalk prgram. Both Monticello and Blanding will submit applications for this program by April 14th. The State of Utah was alloted $1,500,000.00 with District 4 getting $35,000.00 for this program.
ALCOHAL RECOVERY CENTER
The commissioners discussed a billing that the Alcohal Recovery Center sent to San Juan County. They are requesting that the County pay for Ashley Denotosie out of the P & I fund. The commissioners stated that they did not send him to the Center and as he has worked since he received the treatment they feel that he can pay for it himself. He is definitely not an indigent.
MONTICELLO SENIOR CITIZENS CENTER
The commissioners received a letter from the Monticello Senior Citizens Center asking that they commissioners purchase a house being sold by Mr. Hollingsworth. This will be used as their Senior Citizens Center. The Commissioners discussed this but felt that this house would not be adequate for the needs of the Senior Citizens. They also felt that they shouldn't buy this house because they have already offered the Senior Citizens a building that would be adequate for their needs if it were remodeled. The County doesn't have the money to build new buildings for Senior Citizens Centers throughout the county.
CEDAR POINT AND EASTLAND LAND LEASE
Commissioner Guymon made the motion that the Commissioners sign the lease agreement for the Cedar point land transfer and Commissioner Black seconded the motion and it passed unanimously. Commissioner Black made the motion to accept the Eastland Land Lease and Commissioner Guymon seconded it and it passed unanimously.
SENIOR CITIZENS FURNISHINGS BIDS
The commissioners opened the bids for the appliances. There were two bids, one from San Juan Refrigeration, and one from Redd's of Monticello. Redd's was the low bid with a total of $3492.00 This was accepted if the quality was the same as advertised. The Bid for the furnishings was opened and this was the only bid. It was from Custom Floors and Furnishings. The commissioners accepted this bid provided the quality was acceptable.
MOAB CHAMBER OF COMMERCE
Dixie Barker and Connie Coauette of the Moab Chamber of Commerce met with Sheriff Rigby Wright and the Commissioners to discuss the Hang Glider Event that is scheduled for September in Moab. Sheriff Wright was invited to a May meeting of the Hang Glider event committee. The commissioners and Sheriff Wright felt that they should be reimbursed for the law enforcement for this event.
SAN JUAN TRAVEL COUNCIL
Vic Schafer of the San Juan Travel Council met with the commissioners to present Steve Watrous
to fill the unexpired term of Don Mose. The was approved on a motion by Commission Black and seconded
by Commissioner Guymon. It passed unanimously.
WINTERIZATION
Mr. Al Haskins presented a list of people who need winterization or low income housing relief. Com-missioner Black made the motion to approve all those on the list that were 65 or older and to approve widows under 65. But those who were under 65 must be checked for age, income and physical condition. The was seconded by Commissioner Guymon and it passed unanimously.
EMT'S
Commissioner Boyle stated that he told Deana Scorup that there was a lot of dissatisfaction in the EMT's at the present time and that these problems would have to be straightened out before the county would back any EMT program.
BILLS PRESENTED FOR APPROVAL AND PAYMENT
John Baker Travel 137.88
Bancroft-Whitney AM Law Reports 25.75
Canyonlands RCA Radio Maintenance Contract 862.87
David L. Guymon Travel 197,50
IAAO Membership Dues 45.00
Patterson Office Equipment Co. Supplies 2.50
Bennion Redd Travel 193.73
John Simpson Binding 8 large books 320.00
Travel Lodge Travel 72.00
Utah Association of Counties Tegistrations for 55th Annual Conv. 195.00
Utah Navajo Development Council Utilities 313.26
LEASE AGREEMENTS
LEASE
This Lease made the 27th day of March, 1978, by and between SAN JUAN SCHOOL DISTRICT, by and through its Board of Education, a body corporate and politic, herein after referred to as LESSOR whose mailing address is P. 0. Box 219, Monticello, Utah, and SAN JUAN COUNTY, a body corporate and politic of the State of Utah, hereinafter referred to as LESSEE whose mailing address is P. 0. Box 338, Monticello, Utah, witnesseth:
1. Lessor in consideration of the rents to be paid by Lessee and of the covenants and agreements herein contained does hereby grant, lease and let upon terms and conditions hereinafter stated unto Lessee the following described land in San Juan County, Utah:
T 34 S, R 25 E, SLM: Sec 24: E1/2 NW1/4 SW1/4 SW1/4
2. To have and to hold the same unto Lessee for a term of (10) years, beginning on _________day of
_____________, 1978 and ending on the _____________day of ___________, 1988.
3. Lessee shall pay Lessor as rent therefore, during said term, the sum of $1.00 a year.
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4. Any holding over, or continued use and/or occupancy by Lessee of the premises after the expiration of this lease, shall operate and be construed as a tenacy at will and under the same conditions in force at the expiration of this lease.
5. Any improvements made to or placed upon said premises by Lessee in whole or in part, at any time before the termination of this Lease, or within a reasonable time thereafter.
6. Lessor shall not be liable for any damage to persons or property arising from any cause whatsoever, which shall occur in any manner in or about the said premises, and Lessee hereby agrees to indemnify
and save harmless Lessor from any and all claims and liability for damage to persons or property arising from any cause whatsoever, which sall occur any manner in or about said premises.
7. Lessee may use said premises for any lawful purpose and may erect thereon improvements and to make alterations and additions and the maintenance thereof shall be done at Lessee's own expense.
8. Lessee shall not assign this Lease nor sub-let said premises, in whloe or in part, without first obtaining the written consent of Lessor.
9. That if a party should default in the performance of any of the terms or conditions of this Lease, that before the non-defaulting party declares a forfeiture it shall give the defaulting party a written notice specifying such default and if such default not be corrected within thirty (30)
days after mailing of such notice by the defaulting party, the nondefaulting party may thereupon declare this agreement null and void and all rights and interests existing in favor of the defaulting party shall cease and terminate.
10. Any notice herein provided to be given to Lessor shall be sufficient if given in writing
by certified or registered mail addressed to: San Juan County School District, P. 0. Box 219, Monticello Utah 84535 or to such other address as Lessor may from time to time designate to Lessee in writing.
11. Any notice herein provided to be given to Lessee shall be sufficient if given in writing by certified or registered mail addressed to San Juan County, c/o County Clerk, P. 0. box 338, Monticello Utah 84535 or to such other address as Lessee may from time to time designate to Lessor in writing.
12. Service of any notice shall be deemed effective and complete on the day of posting and mailing in accordance herewith.
Witness the hands of the parties the day and year first above written.
LESSOR
SAN JUAN SCHOOL DISTRICT BY /s/ President, Board of Education of San Juan School Dist.
ATTEST:
Clerk
LESSEE:
San Juan County By /s/ E. S.Boyle County Commissioner By /s/ Dave Guymon County Commissioner By Calvin Black County Commissioner
ATTEST
/s/ Clytie Barber County Clerk
WARRANTY DEED
SAN JUAN SCHOOL DISTRICT, by and through its Board of Education, a body corporate and politic, GRANTOR whose address is P. 0. Box 219, Monticello, Utah hereby CONVEYS AND WARRANTS to SAN JUAN COUNTY a body corporate and politic of the State of Utah, GRANTEE whose address is c/o County Clerk, P. 0. Box 338, Monticello, Utah for the Sum of $1.00 and other adequate consideration, the receipt and sufficiency of which is hereby acknowledged, the following described real property in San Juan County, State of Utah:
Beg at a pt which is 80 rods N and 33' W of the
SE Cor, Sec 21, T 35 S, R 26 E, SLM, and running
thence N 60', W 120', S 60', E 120', to pt of beg. DATED this _________ day of ++___________________, 1978.
SAN JUAN SCHOOL DISTRICT
By /s/
President, Board of Education of San Juan School Dist.
ATTEST:
/s/
Clerk
STATE OF UTAH )
) ss County of San Juan )
On the day of, 1978, personally appeared before me, who
being by me duly sworn did say that he is the President of the Board of Education of the San Juan School District and that said instrument was signed in behalf of said San Juan School District by authority of a resolution of it Board of Education and said
acknowledged to me that said San Juan School District executed the same
/s/
Notary Public residing at:
My Commission Expires:
There being no further business the meeting was adjourned.
Kristine Frost, deputy clerk
E. S. Boyle, Commission Chairman
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SAN JUAN COUNTY ROAD MEETING MINUTES HELD MARCH 27, 1978
TIME: 9:00 A.M.
PRESENT: Commissioners E. Boyle, C. Black, and D. Guymon. Foremen R. A. Holden, B. Bradford,
L. B. Lyman; Engineer D. Pehrson. W. Winey took the Minutes
Minutes were read and approved. Chairman Boyle then asked each district foreman how things were going. Mr. Lyman replied: "We have just started the Aneth to Ismay Raod. Will move to Hovenweep for .8 mile project past the bridge at Hatch Next." Mr. Bradford commented that the "Rogers' Addition" in Blanding might cause a maintance issue. The road is in bad condition. Chairman Boyle asked Commissioner Guymon to get an understanding with the development people and the officials of Blanding. No knowledge of an agreement with the City of Blanding and the Roger's Development people is in existence. Commissioner Boyle restated the need to find out about the Roger's Addition.
Mr. Bradford commented that he will lose three men. Mr. Holden agreed that he too had personnel shortage problem. Commissioner Black suggested, as did Chairman Boyle, to notify and work with Harold Lyman on the labor supply issue.
Mr. Holden observed that the primary crusher might be going by this Wednesday. A locked gate issue was talked about. The proposed Brown's Hole Railroad Flat-bed bridge was talked about. It was agreed that this plan be given up replaced with a 48" culvert. Teek commented that there was another road out of Brown's Hole. Chairman Boyle suggested that "Ace" ride the route and see. Private land could be a barrier it was noted.
D. Pehrson also commented on the proposed Brown's Hole Bridge. He said that Jack Young estimated the Flatbed could be reinforced for several hundred dollars, but the flatbed still might bend under the stress of heavy truck traffic. Doug recommended a 48" culvert replace the flatbed bridge. This plan was agreed upon. Doug also stated that the Red Mesa Five mile project had been accepted and approved for bid by upstate authorities. Mr. Black suggested the bid be advertised. A date was not set.
Commissioner Black said that one million dollars for the Bluff-Montezuma Project had been approved for the 1981 fiscal year. Two miles on the east end of this project might be funded by the BIA if they were contacted.
Commissioner Guyman mentioned the "Flaherty Matter". Mr. Black asked the foremen to show why they might need another flaherty. Dave had seen the Flaherty. State may want 4-5 thousand for it. Commissioner Boyle suggested Lynn and Bob look at the unit. Nothing was decided on the Flaherty Matter