SAN JUAN COUNTY COMMISSION MINUTES MAY 27, 1986 Page 93

The San Juan County Commission met in regular session on May 19, 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

COMMUNICATIONS BUILDING ON ABAJO PEAK

Bill Bayles, Communications Engineer, met with the Commission to discuss the communications building that is being built on Abajo Peak. Mr. Bayles said he is going to need extra help this summer so that the building can be finished by the end of the summer. Commissioner Bailey suggested that Mr. Bayles hire part-time help and also to coordinate his work on Abajo with the road department so they can work together. Mr. Bayles said the road to Abajo Peak will be opened soon.

REGISTRATION ASSISTANTS APPOINTED

Gail Johnson, clerk, met with the Commission to appoint the following registration assistants:

Kenneth Miles - Navajo Mountain

Theresa James - Navajo Mountain

Commissioner Bailey made the motion to approve these registration assistants on the recommendation of the clerk and Commissioner Holliday seconded it. UNANIMOUS.

UTAH STATE TAX COMMISSION - 1986 RECAPITULATION OF ASSESSMENT OF SAN JUAN COUNTY

Gail Johnson, clerk, reported to the Commission that she received the 1986 Recapitulation of Assessment for San Juan County. The market value for 1986 is $803,329,216 which is $160 million assessed value. Mrs. Johnson said this is a $6 million assessed value increase from last year. Mining lost 9.2 million, utilities lost 12,000, but the increase of the oil and gas production was 16 million, which was enough to cover the deficit.

TAX SALE COUNTY - MAY 28

Gail Johnson, clerk, said the county delinquent tax sale is tomorrow May 28 at 10 a.m. in front of the courthouse.

CITY STREETS CONTRACT WITH COUNTY - Monticello

Commissioner Bailey reported that Doug Pehrson wrote the following letter concerning the secondary water system and the city agreement with the county:

May 19, 1986 To: Rick Terry

City of Monticello Monticello, Utah

From: Douglas Pehrson

San Juan County Engineer Monticello, Utah

SUBJECT: Backfilling across City Streets Rick,

I am writing in reference to the agreement between San Juan County and the City of Monticello which specifies the procedures in backfilling trenches across city streets.

Last week a trench was cut in the street across from the Harold Young residence. The trench was also backfilled without the county being notified. As per the agreement, the county was to check the compaction as the trench was being backfilled. Since this procedure was not followed, we will require the city to excavate this material and place it according to the agreement before the county will do any work on this street.

Also, I would like to comment on the work being done on the Secondary Water System: The Specifications call for a granular material to be placed under the pipe. This is not being done, rather the pipe is being laid directly on the existing bottom of the trench. In the area North of Silverstone Subdivision, the ground is very rocky which means the pipe is laid directly on top of these large rocks, which is contrary to the specifications.

The specifications also spell out the compaction requirements for the different road surfaces. The contractor is at the present time, filling approximately 4 1/2 feet of trench with loose material before running a loader tire over the backfill. There is no way that the total depth of the trench is compacted as per our agreement, which was to be implemented into the contract. Our nuclear gauge will only test 8" down, therefore the material under this will not be detected.

I would recommend the city to check with Arix Engineers concerning this matter since the city will have to live with the trenches after the contract is accepted.

Sincerely,

/s/ Douglas Pehrson County Engineer

cc: Keith Redd, Mayor

Ken Bailey, Commissioner

The following letter was sent from the City of Monticello:

May 20, 1986

Arix Corporation

760 Horizon Drive

Grand Junction, CO 81501

George W. Johansen Construction

P.O. Box 810

Mt. Pleasant, Utah 84647

Gentlemen,

Please be advised that the pipe which has been laid in the ground is not acceptable to the City

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of Monticello. This pipe has not been bedded nor back-filled properly. This information comes from three sources; Clyde Christensen - Utility Foreman for the City, Benny Musselman - a local plumber, and Doug Pehrson - Road Inspector for the County.

Both Arix and G.W. Johansen Constr. come highly recommended to the City and we know they are capable of doing quality work. We hope this is not an example of this quality.

As the City contracts their road work to the County they have the right to insure quality control over this work. All work done in the road ways must pass the inspection o the County and this work is not acceptable. We will expect the quality of this work to improve and the work which has been completed rectified.

I have been instructed to withhold all payments until this situation has been corrected.

Sincerely,

CITY OF MONTICELLO

/s/ Richard C. Terry City Administrator

cc: County Commissioners

INSPECTION REPORT

Commissioner Bailey reported that Doug Pehrsonf county engineer, will now have a engineering inspection report, which will name the project, the date, and a signature line. Each time Mr. Pehrson inspects a city project or any other project this report will be filled in and signed if it meets his approval.

SPANISH VALLEY RESIDENTS PETITION ANNEXATION INTO GRAND COUNTY

Karl Tangren, representing some residents of Spanish Valley, told the Commission that the majority of people in Spanish Valley wish to be annexed out of San Juan County into Grand County. Mr. Tangren explained that they live closer to Grand County, their children go to school in Grand County. The Utah Code reads that a petition must be signed by the majority of registered voters living in the area that wants to be annexed. Each county will be required to put this on their 1986 voting ballot, and it has to be passed by a majority of each county in order for annexation to take place. Mr. Tangren presented the Commission with a petition signed by 18 Spanish Valley residents and Gail Johnson, county clerk, verified they were registered voters. The Commission said they will refer this to Bruce Halliday, county attorney, on the procedure for having this question placed on the ballot.

COUNTY ROAD PROJECTS

Commissioner Bailey said he would like to take a road project that is about four or five miles long, get a primary crusher and crush sane rock and install this crush rock as base. Commissioner Bailey said that the cost of using a grid roller and cat to bust up the other rock is too costly. Commissioner Bailey said he would like to crush the sand rock to 3-inch base and feels it would be better, faster and cheaper.

BUREAU OF LAND MANAGEMENT recreation or public purposes - county road shed

Commissioner Bailey made the motion and Commissioner Holliday seconded it authorizing the application for land for recreation or public purposes to the Bureau of Land Management for 5.86 acres located in Montezuma Creek, Utah adjacent to the San Juan School District property directly east, as described as:

Beginning 2400 feet west of the Southeast Corner of Section 25, T40S, R23E, running thence West 450 feet, thence North 566.28 feet, thence South 566.28 feet to the point of beginning.

This property is to be used for the San Juan County Road Department Shed and for other County purposes as to be outlined in the application to the Bureau of Land Management. The County being a political subdivision of the State of Utah has statutory authority to hold land for these purposes under Section 11-2-1, and Section 17-4-3 of the Utah Code.

This application will be submitted to the Bureau of Land Management under the authority of the Recreations and Public Purposes Act, as amended, (43 U.S.C. 865 et seq.) Parts 2740 and 2910, Groups 2700 and 2900.

This motion also authorizes Rick M. Bailey, Administrative Assistant to the San Juan County Commission, as the authorized agent for the County in this Recreation and Public Purposes Application and is authorized by the Commission to sign the application for the County and act as its agent in the day-to-day activities with the Bureau of Land Management.

SENIOR CITIZENS BUS DRIVER

Commissioner Holliday reported that George Kensley was the only applicant for the position of senior citizen bus driver in Monticello. The Commission approved the hiring of George Kensley by Rick Bailey the Administrative Assistant.

MONTICELLO PARK SERVICE OFFICE WILL NOT BE CLOSED

Commissioner Black reported that the Park Service office in Monticello will not be closed. Commissioner Black said he talked to Bob Weidner last week and was informed of this.

STATE WILDERNESS SUB-COMMITTEE - BLANDING

Commissioner Black reported on the State Wilderness sub-committee that was in Bland ing last week. Commissioner Black said he took them to Cedar Mesa and White Canyon (the Cheese Box proposed wilderness area.) In the EA report, one of the teams recommended that the White Canyon area be managed for its white water resource values. Sandy Johnson staged the White Canyon River by taking a canoe in the bottom of White Canyon which was dry and proceeded to row the canoe. Commissioner Black said this was done to prove a point that the people recommending the land uses personally know the areas regardless of their technical expertise. The next day they flew over the Mancos Mesa and areas by Canyonlands that are proposed.

NATIONAL GUARD - MONTICELLO OFFICE

Dennis Davis, representing the Monticello Chamber of Commerce, met with the Commission concerning the National Guard. Mr. Davis said the National Guard would like to set up an office for the month of June to recruit for a full 30 days. The National Guard has been at the Abajo Store on a part-time basis but need a better location. Mr. Davis said he understands their is office space available in the courthouse. The Commission said the small room adjacent to the Commission room is available and will let the National Guard use this room. They will have to provide and pay for their own phone expenses and the county will provide them with a desk. Mr. Davis said the National Guard is set up in Blanding and Monticello and need 48 recruits by July 31, 1986, in order to be permanently in San Juan County.

GRAND COUNTY - ANCIENT INDIAN ARTIFACTS - FEDERAL RAIDS

The Commission received a copy of the following letter:

The Honorable Howard Nielson U.S. House of Representatives Washington, D.C. 20510

Dear Howard:

Grand County Commission is appalled with the action taken recently in San Juan and Grand Counties by the Federal Government in which Federal Agents raided several homes seizing Indian Artifacts allegedly taken from Public lands.

The manner in which these raids were conducted was appalling. We know of two raids in Grand County which were carried without prior notification given to the Grand County Sheriff. We feel actions of this nature by the Federal Government should be done with the cooperation of local law enforcement agencies.

We agree with the purpose of the ACT adopted by the Ninety-Sixth Congress of the United States on October 19, 1979, which reads in part as follows:

(b) The purpose of the Act is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this ACT.

Sec. II The Secretary of the Interior shall take such action as may be necessary, consistent with the purposes of this ACT, to foster and improve the communication, cooperation, and exchange of information between:

1. private individuals having collections of archaeological resources and data which were obtained before the date of the enactment of this ACT, and

2. Federal authorities responsible for the protection of archaeological resources on the public lands and Indian lands and professional archaeologists and associations of professional archaeologists.

in carrying out this section, the Secretary shall, to the extent practicable and consistent with provisions of this ACT, make efforts to expand the archaeological data base for the archaeological resources of the United States through increased cooperation between private individuals referred to in paragraph (1) and professional archaeologists and archaeological organizations.

We feel that the acts orchestrated by U.S. Attorney Brent Ward are not consistent with the aforementioned provisions of this ACT.

We realize there are people who are digging, destroying, and looting historical sites and we strongly object to this type of action and agree these people should punished when caught in the act of looting.

We recommend a review of all Federal laws and procedures pertaining to vandalism of historical sites to prevent a reoccurrence of the type of incidents which recently transpired in Grand and San Juan counties and which will also educate the people as to their responsibilities and rights they have enjoyed on public lands in the past, as well as present and future.

Let us remember that Public Lands are out lands. Sincerely,

/s/ Jimmy R. Walker, Chairman Grand County Commission

cc: Jake Garn Orrin Hatch Brent Ward Governor Bangerter

HOVENWEEP NATIONAL MONUMENT - EXPANSION

The Commission received the following letter:

May 14, 1986

San Juan County Commission Monticello, Utah 84535

Dear Commissioners:

Thank you for making me aware of attempts by certain environmental groups to expand the boundaries of Hovenweep National Monument. I share your concern over this proposal because it seems that over the past several months, National Park expansion proposals in Utah have become epidemic. I can think of proposals at Dinosaur National Monument, the San Rafael Swell, and Lehman Caves National Monument in our neighboring state of Nevada to name a few.

Like you, I believe it is important for all of us to protect our natural scenic treasurers from degradation. Utah is blessed with five National Parks and four National Monuments. I believe this is enough. The National Park Service is already struggling to maintain its operating budget for these parks. An additional maintenance burden at a new park during a period of $200 billion annual federal budget deficits seems very foolish and unwise to me.

I believe proposals to expand existing parks and monuments or to create new Parks are not in the best interest of the people of Utah. To qualify for National Park status, I believe an area must offer outstanding beauty of a unique character, and not just duplicate the same features protected elsewhere. Secondly, an area must have substantial public access for

passenger cars.— If we've learned nothing else at Canyonlands and Capitol Reef, it is that a

lack of paved roads means very few tourist dollars into the local communities. And third, as I mentioned earlier, the National Park Service must be in a financial position to maintain and promote tourism in the Park.

I will not support any new Park proposal like Hovenweep which fails to meet any of these qualifications. Rather, it is important that we redouble our efforts to promote and maintain the Parks we already have before adding more new ones to the system. The nation's tax payers cannot afford new parks and the people of Southern Utah are still trying to live with the ones we have. But, you already know that.

Thank you again for making me aware of your concerns over this important issue.

Sincerely, Jake Garn

LOYD'S LAKE DEDICATION

Loyd's Lake dedication will be June 13, 1986.

BILLS APPROVED FOR PAYMENT

Eugene Robert Maxwell Refund on Marriage License 20.00

Neal Dalton Restitution Herbert Simpson Case No. 687 37.50

Doug Farnsworth Restitution Herbert Simpson No. 687 37.50

Uintah County Clerk Fred Nelson - Collected Sheriff 274.00

Jack Jordan, M.D. Partial refund of bail 86DWR146 15.00

A & M Propane Propoane for road dept 23.80

Abajo Petroleum, Inc. Diesel Road Dept 1,250.00

Armco Incorporated Parts for Road Dept 9,074.00

Richard M. Bailey Travel Expenses 36.00

Ballard Supply Corp Supplies Communications 225.00

Bill Bayles Travel Expenses 69.56

Bennett Paint and Glass Supplies road dept 195.67

Keith Black Restitution Bill Howard 200.00

Nicky Black Hauling to Gary Crowleys 1,636.25

Blue Mountain Music Phone for Golf Pro Shop 79.95

Blue Mountain Petroleum, Inc. Fuels for road dept 222.50

Cathy Brake Senior Citizens Meals 1,479.00

Changing Times Renew Subscription Exr. Dpt 15.00

City of Blanding Utilities Recreation 316.59

City of Monticello Utilities Courthouse 165.94

Colex International Ltd. Parts for road dept 59.37

Conoco Incorporated Gas purchased sheriffs 89.06

Continental Tel Co of the West Tele Charges Courthouse 1,939.04

Rudolph Cook Travel Expenses 89.42

HF Cosby Jr. Hauling to Gary Crolwys 847.00

L.N. Curtis and Sons Supplies fire control 91.47

Demco Supplies library (M) 65.84

Joyce Dix 30% of housing survey 100.00

Betty Dufur Cleaning Senior Citizen 40.00

Empire Electric Assoc. Inc Utilities Courthouse 1,388.92

Fifth District Juvenile Court Malcolm Lehi 150.00

Freed Leasing, Inc. Leasing Sheriffs Dept 231.17

Guaranty National Insurance Co Deducted on Tsosie Claim 250.00

Hafer's Incorporated Supplies Road Dept 345.89

Honest Dollar Construction Hauling to Gary Crowleys 1,597.75

Victor Hotho & Company Supplies Library (M) 32.11

Howe Refrigeration Repairs on coke machine 260.00

International Business Machine Installment Payment 549.38

Intermountain Battery Supplies Road Dept 23.50

Gail D. Johnson Travel Expenses 44.52

Kensley, George Firefighter 29.75

Venice Lyman Restitution: Kelly Shumway 100.00

McGees Stamp & Trophy Company Supplies Recreation 39.50

Mae Systems, Incorporated Repairs on Phone System 105.00

F.H. Miller, Jr. Parts for road dept 222.99

Kenneth Miller Hauling Gary Crowley 847.00

Miline Truck Lines, Inc. Supplies road dept 25.75

Montella's Repair Repairs for road dept 76.35

Monticello City Justice/Peace S.O. Colleaction report 6-2 166.00

Monticello Mercatile Supplies vending machine 254.56

Moore Business Forms, Inc. Supplies Treasurer 635.86

Motor Parts Pro Mart Home Center Supplies Extension office 22.28

Mountainland Business Systems Cartridges Postage Meter 28.50

Nat'l Assoc Area Agency Aging Membership Rick BAiley 50.00

Northern Electric Reparis for Recreation 66.68

Office Outpost Office supplies clerks 148.92

Gus Paulos Chevrolet, Inc. Parts for road dept 42.75

PC's Limited Microsoft GW Basic IBM DOS 180.00

Quality Bookstore Supplies library (M) 5.95

Steve Regan Company Penncross Grass Golf COurse 206.55

Respond First Aid Supplies Rd dept 26.30

S.J. County 12th District Court Rodney Lehi S.O. Collection 350.00

The San Juan Record Notice Budget App Increase 4.50

Dayne Shumway Const. Hauling to Gary Crowleys 1,809.50

Bessie J. Spencer Meals served senior citz. 864.00

State of Utah Central Stores Supplies Purchasing dept 89.80

State Treasurer of Utah J.P. Deposits POST 3,250.00

Sun Television & Appliances Cash Register Recreation 154.00

Texaco Incorporated Gas purchased road dept 32.34

Theatre Candy Dist. Company Supplies div. of aging 197.00

Turf Equipment Company Used Mower Golf Pro Shop 540.00

Turquois Service Gas Purchased Sheriffs dept 12.55

Utah Department of Health Indigent Med. Assis Program 45,399.00

Utah 4-H Program Slide Show for 4-H 40.00

Utah Gas Service Company Utilities Road Dept 601.94

97

Utah Power & Light Company Utilities LaSal Fire Start. 51.35

Utah State Retirement Board Judges Retirement 95.00

USU Extension Service (UMC50-B) Extension Bulletins 47.31

Utah Travel Council Supplies Development Board 140.00

Wang Supplies for Rick Bailey 329.77

ADJOURNED

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

Calvin Black, Chairman Karen Halls, deputy clerk