SAN JUAN COUNTY COMMISSION MINUTES DECEMBER 28, 1987

The San Juan County Commission met in regular session December 28, 1987 at the hour of 10:00 A.M. at the San Juan County Courthouse, Monticello, Utah.

The following commissioners were present: Calvin Black

Kenneth Bailey Mark Maryboy

Commissioner Maryboy made a motion to approve the minutes of December 21, 1987 as corrected. Commissioner Bailey seconded the motion. UNANIMOUS.

COMMISSIONER MARK MARYBOY' S REPORT

Blue Mountain Dine'- There will be a Blue Mountain Dine' meeting tomorrow, December 29, at 10:00 a.m. The main issue will be the transfer of SEUCAP funds to Blue Mountain Dine1 to operate their own Head Start program.

COMMISSIONER KENNETH BAILEY'S REPORT

Congressman Howard Nielson - Commissioner Bailey reported that all arrangements have been completed for

the visit of Congressman Howard Nielson to San Juan County on January 8th. San Juan County School

Superintendent Hal Jensen will be invited to accompany the group to the Navajo Mountain School.

Montezuma Creek Bridge - The County cannot build a bridge over Montezuma Creek every time the road crosses

the creek. There are plans to put a bridge over Alkali Creek.

Harry Jones Road - The Harry Jones road needs to be upgraded for use by oil companies. Local residents

would like to realign the road in order to settle a dispute in the area. County policy states that unless

the realignment is in the best interest of the County the individuals would need to pay for the

realignment.

Bluff Cemetery - Commissioner Bailey discussed the boundaries of the Bluff Cemetery with the

Commissioners. County Surveyor Doug Pehrson will be asked to survey the cemetery and plat all property

owners within the area. After the survey is completed, a decision can be made as to whether a cemetery

district should be organized and the property deeded to the district.

Crude Oil Suit - The County is eligible to get a $2,087.00 refund on the crude oil suit. Commissioner

Bailey made a motion to authorize Chairman Black to sign the request for the refund. Commissioner Maryboy

seconded the motion. UNANIMOUS.

COMMISSIONER CALVIN BLACK'S REPORT

Public Administrator's Forum - A Public Administrator's Forum for Grand and San Juan Counties will be held Thursday, January 21 at noon in the Lion's Club Building in Monticello. The BLM will present their newly published San Juan Proposed Resource Management Plan and Final Environmental Impact Statement. The tour of our area in May by the BLM National Advisory Council will also be discussed.

Dark Canyon Wilderness Area - The following letter was received from Senator Jake Garn regarding the Peavine road of the Dark Canyon Wilderness area:

Commissioner Calvin Black, Chairman San Juan County Commission San Juan County Courthouse Monticello, Utah 84535

Dear Cal:

I am pleased to respond to your request for clarification of Congressional intent over the Dark Canyon Wilderness Area in San Juan County.

After seven years of negotiations on a statewide wilderness bill, the Utah delegation together with the Governor, agreed that the Peavine Canyon road should be specifically excluded from wilderness area designation and continue to be used for vehicular access into the area. Such direction is given in the Senate Committee Report 98/581 which accompanied S. 2155 which, in turn, became Public Law 98-428.

There should be no question of our intent in this regard. Enclosed is a copy of the applicable Senate report language.

Sincerely, Jake Garn

Senate Committee Report 98-581 states:

Dark Canyon Wilderness

S. 2155 as ordered reported designates 45,000 acres in the Manti-LaSal National Forest as the Dark Canyon Wilderness. Dark Canyon represents the first major Colorado Plateau Canyon terrain to be added to the National Forest Wilderness System. This diverse canyon country contains arches, springs, seeps and hanging gardens. Life zones range from ponderosa pine and aspen-covered high country to desert vegetation in the bottom of Dark Canyon at the national forest boundary. High red rock canyons dwarf visitors with terraced castle-like walls towering 3,000 feet above the canyon floors. Wildlife species are diverse and include mule deer, some cougar and desert bighorn sheep. The area is also rich with archaeological treasures, graineries, pottery and ruins are abundant. The Peavine Canyon Road was excluded from wilderness designation and is used for vehicular access to the area.

Federal Gas Tax - The following letter was received from Black Oil Company:

San Juan County Commissioners P. 0. Box 338 Monticello, Utah 84535

Dear Customer;

Effective January 1, 1988 consistent with the requirements of the Tax Reform Act of 1986 and the proposed IRS regulations issued thereunder, we will be collecting the 9.1 cents per gallon Federal Tax on all gasoline that we sell to you. Effective that date we will also have to pay the 9.1 cents Federal Tax at the time we purchase gasoline from our supplier.

All Tax exempt purchasers will have to apply for a refund directly from the IRS. Because of this you might want to make sure your tanks are full before this regulation takes effect.

Recreation Director 14 14-2 1504. Eddie

Communication Engineer 15 15-3 1635. Bill

Administrative Assistant 2019. Rick

Surveyor/Engineer 22 22-5 2395. Doug

Surveyor Tech. 13 13-6 1705. David B.

Surveyor Tech. 11 11-5 1504. Sal L.

Road Foreman 20 20-4 2106. Bernal

20-3 2019. Merz

20-3 2019. Stan

Shop Supervisor 18 18-3 1853 Tierre

18-1 1705. Victor Mechanic 10 10-2 7.35 Max K.

10-1- 7.06 Max H.

10-1 7.06 James H.

10-1 7.06 Bruce B.

Mechanic 9 9-4 7.70 Jim S.

Mechanic Helper 1 1-2 5.12 Robert V.

Heavy Equipment Op. 10 13-3 8.66 Karl B.

13-5 9.42 Johnson B.

13-8 10.67 Jim Bennaly

13-2 8.31 Raymond Bond

13-4 9.03 Dale Fuller

13-7 10.24 Jimmy Grant

13-5 9.42 Thomas Holly

10-2 7.35 Todd Hurst

10-2 7.35 Boyd Laws

13-6 9.82 Jimmy Manhiemer

13-7 10.24 H. Williams

13-2 8.31 David Yanito

Light Equipment Operator 9 9-3 7.35 Larry Begay

9-3 7.35 Norman Begay 9-3 7.35 J. Richardson 9-3 7.35 Howard Rogers 9-2 7.06 Ambrose Yanito

Leadman 10 10-2 7.35 Clark Grover

Labor 6 6-1 6.02 Robert Laws

Weed Control Sup. 6 6-2 1086. Jim Heaton

Weed Control 2

*Three Quarter Time Position

**Probationary Status

Commissioner Maryboy made a motion to adopt the grades as recommended by Administrative Assistant Richard

Bailey. Commissioner Bailey seconded the motion. UNANIMOUS.

Health and Medical Insurance - The Utah Local Gov't Trust in the administration of the health and medical

insurance will require both the hospital and County to be on either a premium plan or the self-insured

plan. Mr. Bailey recommended that the County accept the premium plan for a year and then rebid the

insurance.

Commissioner Bailey made a motion to accept the recommendation of Mr. Bailey. Commissioner Maryboy

seconded the motion.

Fire Trucks - Mr. Bailey reported the possibility of obtaining a 1971 fire truck from Sevier County. The

asking price is $22,900 but could be negotiable. The truck needs the pumping system repaired which would

cost approximately $3,000. There is a 1979 fire truck available in Mt. Pleasant also. The Commission

asked Mr. Bailey to check further into both trucks.

Emloyee Status Change - Commissioner Maryboy made a motion to approve the employee status change of

Sylvan Johnson to part time and Loretta Carroll to full time bus driver for the senior citizens.

Commissioner Bailey seconded the motion. UNANIMOUS.

Community Nursing Service - CNS contacted Richard Bailey to report that the engine on the Blazer they have

been using to make home nursing calls has gone out. They have requested a replacement vehicle to continue

making calls on the reservation. The Commission asked Mr. Bailey to arrange to get the Blazer into the

road shop to be repaired.

CURRENT BUSINESS

Beer Licenses - County Clerk Gail Johnson asked the Commission for approval of the following beer licenses: Needles Outpost, Halls Crossing Store, Halls Crossing Marina, Hatch Trading Post, Hite Marina, Hite Store, K & C Store, LaSal Store, Mexican Hat Texaco, Montezuma Creek Lounge, San Juan Bar, San Juan Trading Post, Shirttail Service, Silver Dollar Bar, Top of the Hat Lounge, Valle Trading Post and Wayside Lounge (quarterly). Commissioner Bailey made a motion to authorize Chairman Black to sign the applications and licenses. Commissioner Maryboy seconded the motion. UNANIMOUS. Commissioner Maryboy reported that he had received some complaints of beer being sold to minors. The Commission felt the sheriff's department should check these reports periodically for possible prosecution. The law has been changed to require all beer license holders to attend so many hours of schooling by July, 1988. The only two places accredited to teach the schooling are located in Salt Lake City. It is the responsibility of the individual to obtain the schooling.

Registration Purge - County Clerk Gail Johnson reported that the law allows voter names to be purged from the registration books for those individuals who have not voted in the past four years. This would eliminate those persons who have either moved from the area or have died. This was done in order to obtain a current jury list. The counsel from DNA, Steven Boos, feels this is not legal according to federal registration laws and is threatening a lawsuit if the Navajo names are not reinstated on the registration books. County Attorney Craig Halls has taken the matter under advisement.

s

Long Canyon Road - County Attorney Craig Halls discussed the agreement to be drawn up between Max Dalton, Richard Lyman and the County for realignment of the Long Canyon road. Mr. Halls indicated that some archaeological studies and easements may have to be obtained from the BLM before the project could be started.

"BM Road Designation - Utah Highway Code, Section 27-12-22 gives the criteria for Class B roads as:

1. "---those public roads located within a national forest and constructed and maintained by

the county under agreement with the appropriate federal agency,---"

2. "---shall be under the jurisdiction and control of the county commissioners -—"

County Vehicle Purchases - Commissioner Bailey made a motion to purchase a V6 Chev Celebrity and an Astrovan with automatic shift from Mike Young Chevrolet as the low bidder on these vehicles. Commissioner Maryboy seconded the motion. UNANIMOUS.

Commissioner Bailey reported that a 2-ton truck had been totaled in an accident and a new one will be needed as soon as possible.

D7 Cat - The road department has taken the D7 cat that was vandalized to Salt Lake City to be cleaned out.

Road Department Employee - The payroll paperwork on road department employee Bruce Bushore has never been completed. He was hired at Grade 10 Step 1. Commissioner Black was authorized to sign the payroll form by a motion of Commissioner Bailey and seconded by Conmissioner Maryboy. UNANIMOUS. Buffer-

Commissioner Bailey made a motion to approve the purchase of a buffer for the Courthouse custodian. Commissioner Maryboy seconded the motion. UNANIMOUS.

Sheriff's Department - Sheriff Claude Lacy reported that Conmissioner Maryboy was instrumental in getting the money from the Ute Mountain Tribe for the Towac prisoners that had been housed in the County jail in

1986.

Beer Excise Tax - San Juan County qualifies for $17,820 on Beer Excise Tax and Liquor Profits to be used in "programs or projects related to prevention, detection, prosecution, and control of violations of this title and other alcohol-related offenses."

Private Contract for Jail Services - A letter from Salt Lake County Sheriff Pete Hayward indicates they are trying to draft legislation for contract jail services. Sheriff Lacy stated he is in favor of that legislation as a back-up if the County doesn't get our jail functioning economically. Other states have had private contracting on their jails but the State of Utah has not had it. Commissioner Black expressed his support of the legislation.

Printer Stand - Sheriff Lacy presented a bid for the purchase of a stand for the computer printer. Conmissioner Bailey made a motion to approve the purchase of the stand from Reliable Company for $109.95. Conmissioner Maryboy seconded the motion. UNANIMOUS.

Deputy Sheriff - William N. Christensen has completed his training to qualify as a deputy sheriff at a salary level of Grade 9 Step l, effective January 1, 1988. Commissioner Bailey made a motion to approve the action. Contnissioner Maryboy seconded the motion. UNANIMOUS.

Utah Navajo Development Council - Lester Lansing, Executive Director of UNDC wanted to inform the Commissioners that UNDC will have a budget cut in funding from the Utah Department of Indian Affairs. Previously they have received three to four million dollars. Last year they received $2.1 million. Mr. Lansing indicated that he expects further cuts this year because oil and gas prices are still depressed. If this happens, they will probably have to cut some programs they have been funding on the reservation. They would like to work closely with the County in areas of mutual concern.

Indian Health Service - The Indian Health Service of the Navajo Tribe is proposing to build a health care center.The locations they are currently considering are at Montezuma Creek, near the Red Mesa Chapter House, and the area close to the Red Mesa Trading Post on the road from Kayenta to the Four Corners area. The Montezuma Creek clinic which is run by UNDC will probably be closed when the new health care center goes into operation because the Indian Health Service will not be able to fund both clinics. Physicians - Mr. Lansing inquired about the possibility of Dr. MacNeill and Mr. Nicholes going to the Montezuma Creek Clinic once or twice a week. The Commissioners indicated that UNDC will have to work out an agreement with the doctors as the County does not have jurisdiction over their time.

BILLS APPROVED FOR PAYMENT

ABC subscription to American Beef $ 15.00

The Economics Press, Inc. subscription to Bits & Pieces 16.54

Metpath LDL calculated 45.85

Statewide Association of Prosecutors s.w.a.p. membership dues 1987/88 139.16

Texasgulf Chemicals Company road salt/road department 241.32

Utah Geographies Series supplies development board 53.13

Western Engineers, Inc. professional services 3,811.75

Xerox Service Center supplies clerks office 11.35

Abajo Electric repairs library (M) 20.00

Kenneth R. Bailey travel expenses 108.57

Calvin Black travel expenses 4th quarter 1,147.53

Nicky Black hauling road department 217.75

Black Oil Company fuel road department 206.00

Blanding City Justice Court Curtis Billsie 60.00

Blanding Senior Center petty cash 42.99

Charles Bowles uniform allowance Dec. 1987 60.00

Ruby Bronson travel expenses 53.18

Bryan, Robert F. tool allowance Dec. 1987 25.00

Bruce Bernard Bushore Jr. tool allowance Dec. 1987 25.00

Car Care Center fuel fire control 20.12

Century parts road department 1,047.54

Keith N. Chiara pub. def. health ins. Dec. 1987 1,110.40

Bill Christensen uniform allowance Dec. 1987 25.00

Continental Tel Co of the West tele, charges courthouse 1,336.71

Rudolph Cook uniform allowance Dec. 1987 60.00

William Monte Dalton uniform allowance Dec. 1987 60.00

Tom Dyer uniform allowance Dec. 1987 60.00

Frito-Lay, Inc. supplies vending machine 3.68

Hafer's Incorporated parts road department 674.14

H&K Locksmith Shop supplies road department 53.50

Max Halls tool allowance Dec. 1987 25.00

Colleen Harvey meals served Dec. 1987 1,275.00

James Harvey tool allowance Dec. 1987 25.00

Hawkins, Stanley M. tool allowance Dec. 1987 25.00

Helen Hewlett uniform allowance Dec. 1987 25.00

Diane Jackson uniform allowance Dec. 1987 25.00

Kelly Company supplies recorders office 613.68

Kirby, Jack H. uniform allowance Dec. 1987 60.00

Max Ksiazkiewicz tool allowance Dec. 1987 25.00

Kustom Electronics Inc. repairs sheriffs department 112.50

L B P Trucking snow removal road department 217.75

Claude Lacy uniform allowance Dec. 1987 60.00

Martha J. McCann uniform allowance Dec. 1987 25.00

Jimmie Manheimer subsistance Dec. 1987 24.00

Martineau, Gary janitor library (B) Dec. 1987 404.24

The Michie Company supplies justice of the peace 78.29

Monticello City Justice/Peace sheriffs office collection 240.00

Jack L. Mortensen uniform allowance Dec. 1987 25.00

Motor Parts Pro Mart Home Center parts road department 2,421.04

Victor Nebeker tool allowance Dec. 1987 25.00

Palmer's supplies road department 8.98

Lynnette Palmer uniform allowance Dec. 1987 25.00

Tierre J. Patterson tool allowance Dec. 1987 25.00

Gus Paulos Chevrolet, Inc. parts road department 216.00

Andy Peterson uniform allowance Dec. 1987 25.00

William H. Pierce uniform allowance Dec. 1987 60.00

Professional Armaments supplies sheriffs department 4,643.80

Quill Corporation supplies extension office 24.01

Kevin R. Rhoades uniform allowance Dec. 1987 25.00

Rufino Romero janitor library (M) Dec. 1987 225.00

San Juan Pharmacy supplies clerks office 6.58

The San Juan Record delinquent tax notice 587.78

Gaylen Schaugaard janitor library (M) 173.25

Bessie J. Spencer meals served Dec. 1987 696.00

Steve Stovall supplies courthouse 181.79

University Radiologist pay deduction:J. Manheimer 100.00

Utah Gas Service Company utilities library (M) 208.12

Ute Mountain Ute Tribe pay deduction: Norman Begay 50.00

West Publishing Company supplies attorneys office 40.75

Colonial Life & Accident Ins. liability from payroll run * 637.91

Equitable Life Assurance Soc. liability from payroll run 34,710.10

First Security Bank of Utah liability from payroll run 34,436.13

San Juan Credit Union liability from payroll run 997.92

Utah Public Employees Assoc. liability from payroll run 70.08

U.S.E. Credit Union liability from payroll run 2,537.82

Utah State Retirement Board liability from payroll run 610.57

Utah State Retirement Fund liability from payroll run 16,384.85

Utah State Tax Commission liability from payroll run 5,142.68

adjournment: There being no further business the meeting adjourned at 2:45 p.m.

__________________

Calvin Black, Chairman Merna C. Johnson, Deputy Clerk