MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD

April 2, 1984

The San Juan County Commission met in regular session on Monday, April 2, 1984, at the hour of 10:00 a.m. in the San Juan County Courthouse at Monticello, Utah.

The following members were present: Commissioner Calvin Black, Chairman

Commissioner Kenneth Bailey Commissioner Robert Low

Minutes of the previous meeting were approved with the specified corrections on the motion of Commissioner Low. The motion was seconded by Commissioner Bailer and carried unanimously.

ROAD EMPLOYEE MEETS

Soctt Davis, a San Juan County road employee met with the Commission to report that he was in a fight with another employee last week. Mr. Davis did report that he felt he has provoked the argument and has discussed the matter with his department heads. Mr. Davis informed the Commission of several complaints he has about Mr. Foreman's work performance. Mr. Davis reported that he was told by his department head that if he met with the Commission to discuss this matter his job would be in jeopardy.

Commissioner Bailey reported that Bernal Bradford reported on this at the road meeting this morning. Commissioner Bailey drafted a letter to be sent to all of the parties involved requesting a written report on the incident.

AL HASKINS REPORT

Al Haskins met with the Commission and reported that the City might not get their grant request. The Commission asked Mr. Haskins to submit a grant request for the funds for the proposed jail facility in Montezuma Creek.

Mr. Haskins also reported that the Impact Board will have a meeting on April 5th. Mr. Haskins further reported that the Impact Board funding proposal would save the County approximately $645,000. in interest.

Mr. Haskins reported that he has received a complaint about one of the senior citizens bus drivers. The Commission stated that if the drivers pass the required state tests and have a good driving record there should be no problem as to their capabilities.

GOVERNORS MINI CONFERENCE ON AGING SCHEDULED

Al Haskins reported that the Governors mini conference on aging has been scheduled for April 26th at the Blanding Library from 10:00 until 3:00 p.m. with lunch in the Senior Citizens center. Topics to be discussed will be utility prices, insurance and other topics of interest to the elderly. The Governors wife and the Director of the State Division of Aging will be in attendance.

AGING AUDITS DISCUSSED

Mr. Haskins reported that he received a copy of a letter from Scott Larsen, the manager, of the Bureau of Financial Aduits for the State of Utah to Louise Maze, the Director of Aging and Adult Services in regrads to the providers audit reports. Included in the list of providers whose latest audit report did not meet all of the requirements was San Juan County. Mr. Haskins stated that he has had problems with the auditors in the past not submitting a detailed enough report. The Commission instructed Mr. Haskins to draft a letter to the auditors to be signed by Commissioner Low.

ROAD DEPARTMENT CONSTRUCTION TRAILORS DISCUSSED

Commissioner Bailey reported that he looked at some surplus trailers in Salt Lake last week. Commissioner Bailey stated that he found 2 trailers that would be good to replace existing trailors owned by the County to house construction workers when necessary for $500.00 each.

3EER LICENSE APPROVED

Mark and Christine Davis met with the Commission to request a Class A beer license for the Canyonlands resort. Commissioner Low made a motion to approve the application subject to the receipt of the bond. The motion was seconded by Commissioner Bailey and carried unanimously.

COMMISSIONER LOW'S REPORT

Commissioner Low reported that he attended an Interagency meeting in Blanding last week and that some Green Thumb jobs are open for 55 years of age and older. Commissioner Low also reported that UNI is planning to enlarge its printing shop. UNI also has some very good contracts for their sewing factory and they now have a fiberglass plant.

RECAPTURE DAM PROJECT

Commissioner Low reported that Summit is starting up at Recapture Dam again on April 15th.

PUBLIC HEARING SCHEDULE

The Commission reviewed the public hearing schedule for the discussion of the method of electing County Commissioners. Commissioner Bailey expressed concern over Red

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Continued Minutes of April 2, 1984, commission meeting:

Mesa being included in the meeting at Montezuma Creek and requested a separate hearing be scheduled in Red Mesa.

MEETING SCHEDULED IN LA SAL

A meeting has been scheduled in La Sal for April 10th, at 6:00 p.m. to discuss a new dump site and a new cemetery district.

BLUFF TO MONTEZUMA CREEK ROAD DISCUSSED

The Commission received a letter from Bruce Perry stating that the Bluff to Montezuma Creek road will be bid on April 10th in Salt Lake City. Commissioner Bailey reported that Doug Pehrson will be attending the bid opening. Commissioner Bailey also reported that a least 5 major contractors have expressed interest in the project.

JOINT ROADS COMMITTEE MEETING REPORTED ON

Commissioner Bailey reported on the Joint Roads Committee meeting he attended in Kanab on March 22nd and 23rd to discuss the proposed formula change by the cities. Commissioner Bailey reported that if the proposed formula was passed it would cost San Juan County Approximately $171,497 per year and that the funds would go mainly to the 3 largest cities in the State. The committee decided not to study the proposal but to instead set up a subcommittee of ten (10) people with five (5) representatives from the Cities and five from the Counties to draft a formula for the use of B & C road funds in Utah.

Commissioner Bailey was appointed to the subcommittee and they will hold their first meeting April 6th in St. George. The subcommittee will try to make a report at the Roads School scheduled for May 9th, 10th and llth in Provo. The following resolution concerning blended fuel tax incentives was passed at the Joint Roads Committee meeting:

RESOLUTION ON BLENDED FUEL TAX INCENTIVES

Utah Association of Counties and Utah League of Cities & Towns Joint Highway Funding Committee.

WHEREAS, the Utah State Legislature desires to encourage the production of blended fuel products by firms within the State of Utah; and

WHEREAS, current State law exempts blended fuel products from five cents per gallon of State motor fuel tax; and

WHEREAS, additional blended fuel products produced in Utah can assist the State's agricultural industry, create new jobs, improve the economy and increase State tax revenues; and

WHEREAS, much of the current five-cent per gallon motor fuel tax exemption may largely benefit out-of-state firms rather than Utah companies; and

WHEREAS, the Legislature has determined that more money is needed for highway construction and maintenance, as demonstrated by the recent increase in the motor fuel tax; and

WHEREAS, the current fuel tax exemption for blended fuel will cause a revenue loss to the State Transportation Fund, adversely affecting State and Local highway programs; and

WHEREAS, the revenue loss in the Transportation Fund may eventually offset the purposes and benefits of the recent motor fuel tax increase; and

WHEREAS, any State revenue increases that result from the production of blended fuel products in Utah will accrue mainly to the General Fund rather than the Transportation Fund.

NOW THEREFORE, be it resolved that this Joint Highway Funding Committee urge the Legislature to repeal the five-cent per gallon motor fuel tax exemption on all blended fuels, effective July 1, 1984; and

Be it further resolved that this Committee urge the Legislature to provide any new tax incentives in a manner that benefit the Utah manufacture of blended fuel products; and

Be if further resolved that this Committee urge that any such tax incentives not be subsidized by the State Transportation Fund.

Adopted this 23rd day of March, 1984.

Co-Chairman of the City and County Joint Highway Committee:

E.A. Reed, Ogden City Public Works Director

Don E. Chase, Box Elder County Commissioner DARK-WOODENSHOE CANYON WILDERNESS AREA DISCUSSED

Reed Christensen and Ron Dickmore from the Forest Service met with the Commission to

discuss the Dark-Woodenshoe Canyon Wilderness Proposal. Mr. Christensen presented

the Commission with the following written statement and reviewed it with the Commission.

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Continued Minutes of April 2, 1984, Commissioner Meeting:

Statement by Reed C. Christensen, Forest Supervisor, Manti-LaSal National Forest to San Juan County Commissioners April 2, 1984

Ranger Dickemore and I welcomed your request to meet with you to discuss the Dark-Woodenshoe Canyon Wilderness Proposal, and of course, any other matters related to the National Forest that may be of interest or concern to you. Commissioner Black stated during our telephone conversation, that he wanted to make my comments a matter of record, so I have prepared copies for your use.

I have worked on this Forest for nearly 10 years with now the third District Ranger in Monticello. Similar changes in personnel have occurred during that time with the individuals serving as Commissioners. Through these changes in people has been a continued spirit of cooperation and mutual support. From my point of view, this spirit has resulted in some excellent accomplishments for the benefit of not only the people in this area, but for all the people of our country who share in the ownership of our National Forests. I sincerely hope that the good working relation-ships between us will continue regardless of the individuals that may fill positions in our organizations, or the issues or problems that have to be resolved.

Commissioner Black indicated he specifically wanted me to respond to your concern for our recommendation on the proposed Dark-Woodenshoe Canyon Wildernss that is included in the Utah Wilderness Bill, now being considered in the Congress.

At issue, as I understand it, is the difference between the boundary proposed in the Bill and our recommentation as related to the Peavine Corridor. The proposal excludes from wilderness designation the corridor which runs from the Little Notch area to Rig Canyon, with an additional spur to the Horse Pasture Canyon area. Our recommendation is to include the corridor within the proposed Wilderness. Simply stated, the difference seems to be in deciding whether or not motorized travel will be allowed within a substantial portion of the Wilderness.

I would like, at this point, to briefly described the background and process that resulted in our recommendation.

From the time the National Forests (Reserves) were established and the Forest Service created to manage them, there have been many controversies as to what this management should be. To answer that question and to provide a more consistent approach, many laws, regulations, directives, guidelines, etc., have evolved. The underlying philosophy in all of this was included in a letter from the Secretary of Agriculture to the first Chief of the Forest Service which stated in part: ".... and where conflicting interests must be reconciled, the question will always be decided from the standpoint of the greatest good of the greatest number in the long run."

The 1960 Multiple Use/Sustained Yield Act further related to how the various resources of the National Forests will be managed within the defination: "Multiple use" means the management of all the various renewable surface resources of the national forests so that they are utilized in the combination that will best meet the needs of the American People; .. with consideration being given to the relative values of the various resources, and not necessarily the combination of uses that will give the greatest dollar return or the greatest unit output.

The 1964 Wilderness Act recognized wilderness as a distinct resource and Section 2(c) defines this resource:

"A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this Act as an area of undeveloped Federal Land retaining its primeval character and influence, without permanent improvements or human habitation, which is protested and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value."

Forest Service Management had previously recognized that some areas should be managed in a near natural state, and for example, identified "Primitive Areas" as early as the late 1920!s. Our Multiple Use Plans developed in the 1960fs also had similar designation and management direction.

Now, getting closer to home, we prepared a Land Use Plan and Environmental Statement for the Monticello District during the 1970!s that was completed in 1976. The extensive public involvement during this planning effort identified the split between those favoring and those opposing wilderness designation. (I clearly remember Commissioner Black's position opposing all wilderness and particularly in San Juan County and in Dark-Woodenshoe Canyon.) The plan, however, with due and careful consideration of all factors, recognized the wilderness potential of the Dark-Woodenshoe area (some 60,000 acres), and provided direction for how these values would be managed including closure of the Peavine Corridor. About that time, however, we became involved in the Roadless Area Review Evaluation (RARE II) process, so elected to delay such action pending the outcome of the evaluation and anticipated Congressional Wilderness Proposal. The RARE II effort resulted in the selection of only Dark-Woodedshoe (of some 30 on-Forest) as a propsed 46,000 acre Wilderness.

When the Utah Congressional Delegatin last year proposed a Utah Wilderness Bill, Dark-Woodenshoe was included and two primary options discussed. The first was to eliminate the upper part of Dark Canyon above Rig Canyon and the second was that now proposed in the Bill. During the several public meetings throughout the state,

Continued April 2, 1984 Commission Minutes:

Again, the wide diversity between various interests were expressed. (I remember Commissioner Black's position statement was something to the effect that although he could not support wilderness, he would accept it.)

During the past several years, we have considered all of the criteria, suitability,

characteristics, and manageability of a potential wilderness. Now its appears to

me that so far as we on the Manti-LaSal National Forest, the San Juan County Commissioners,

and probably a majority of other people are concerned, we have accepted Wilderness

classification for Dark-Woodenshoe Canyon and we need to deal with the questions

of where the wilderness boundary should be locted.

The recommendation we prepared here on the Forest is essentially the same as that of the Administration as expressed by the Forest Service representative. I feel that all of the above factors and input from the various publics were carefully evaluated and considered. One of the important considerations is included in the 2321 section of the Forest Service Manual.

2321.2 - Boundaries. Boundaries should be located to (1) avoid conflict with important existing or potential public uses outside the boundary which may result in demands for invasion of the wildernss with nonconforming structures or activities (2) be readily and accurately described, established, and recognized on the ground; (3) where possible, conform with terrain or other features that will constitute a barrier to prohibit use, and to the extent practicable, act as a shielf to protect the wilderness environment inside the boundary from the sights and sounds of civilization outside the wilderness.

*-FSM 8/76 AMEND 73-*

Finally, using such instructions, we could only make one recommendation, if we were to provide for a wilderness of the highest possible quality. Something that can be recognized as a public asset both now and in the future. Something to attract visitors to augment the local economy.

We realize and appreciate the fact that you do not agree with us on this particular issued. Fortunately, we live in a contry where elected and public officials, or any citizen for that matter, can not only disagrees, but may openly and candidly express differences. Since the final solution in this case will likely be made through the legislative process by Congressional action on the the Utah Wilderness Bill, we are confident that all interested parties will be heard and a proper decision reached. We, like you, have merely presented our position.

Again, we want you to know how much we value our working relationships and appreciate you contributions to proper management, protection, and use of the National Forest. Hopefully, any differences or problems we may have can be constructively discussed and resolved so our cooperative efforts may continue.

Also attending the meeting were Melvin Dalton and Gail Dalton. Mr. Dalton feels there is still some conflict because the road has been there so long. Commissioner Bailey felt the statement clarified to him why the Forest Service testified as they did. Commissioner Black stated that he disagrees with several points in the statement read by Mr. Christensen. Commissioner Black reviewed the statement and the following points were discussed:

(1) review of the definition of multiple use

Commissioner Black: Is this the only law on multiple use or is it an

extracted defination?

Mr. Christensen: This is an extracted defination.

(2) review of the defination of wilderness:

Commissioner Black: I feel that because the area has been impacted for

many years by the road. Making this area a wilderness area or even recommending

it for a wilderness area is a violation of the Wilderness Act of 1964.

This is not undeveloped federal land and it is not roadless and it does

have the imprint of mans work which is noticable.

(

(3) Mr. Dickemore's statement at the previous meeting in regards to the wishes of the majority of the citizens of San Juan County:

Commissioner Black: My recollection of the public hearing to discuss the designation of this area as wilderness was that most of the people in attendance were opposed to this proposal.

Mr. Christensen: I agree with that recollection.

Mr. Dickemore: For the record I withdraw my previous statement in regard to this.

Commissioner Black further stated that he feels that the Forest Service has contradicted the wishes of the local people and that the designation of this area as wilderness will preclude the use of the adjoining land for anything else. Mr. Christensen reported that the change in designation of this area will not have any effect on the grazing use of the land. Commissioner Black stated that he can't support this proposal and he is not in favor of it. Commissioner Black also feels that a logical conclusion is that Mr. Christensen made this decision based on his own bias. Mr. Christensen disagrees with this conclusion. Commissioner Black reported that he is predicting that if this boundary is established any proposed action on the whole perripheral of the wilderness area any activity for mining or reservior building for livestock or anything else will be eliminated. Mr. Christensen also disagreed with this statement.

MEETING WITH ALCOHOL AND BEER VENDORS POSTPONED

The meeting scheduled for April 9th with all of the alcohol and beer vendors in the County has been postponed until further notice to allow the County Attorney to do some further research.

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LETTER RECEIVED FROM THE CITY OF BLANDING RE; CURB AND GUTTER

Commissioner Bailey reported that the reaod department has received a letter from the City of Blanding stating that the curbe and gutter on the road by the Stake Center will be completed within a year.

JOB SERVICE REPRESENTATIVE MEETS

Harold Lyman met with the Commission to request for funds for a Youth Program Coordinator. Mr. Lyman reported that a statement of need has to be approved by the Commission. Commissioner Bailey made a motion to approve the statement of need and to authorize Commissioner Black to sign it. The motion was seconded by Commissioner Low and carried unanimously. The request is for the amount of $9,960.00.

BID OPENING FOR THE REMODELING OF THE INSIDE OF THE MONTICELLO POOL

The Commission opened the bid received for the remodeling of the inside of the Monticello Pool. Only one complete bid was received. The bid was from Bruce Bunker Construction in the amount of $31,731.00. The Commission did not take any official action at this time.

BILL REVIEWED FROM ATTORNEY FOR THE INDIGENTS

Gail Dalton, County Clerk, met with the Commission and represented an itemized bill for the month of March from Eric Swenson as the attorney for the indigents. The bill was for 13 hours at $50.00 per hour with a total of $650.00. The Commission authorized payment of the regular amount of $500.00.

VANDALISM AT THE SCHOOL IN MONTEZUMA CREEK DISCUSSED

Donald Jack, San Juan School District Superintendent, met with the Commission to report on the vandalism done at the Montezuma Creek Elementary School over the weekend. Mr. Jack reported that he and the Montezuma Creek School Principals are gong to Window Rock in May to meet with the Tribe to discuss law enforcement in the area. Mr. Jack further reported that the School District is willing to donate housing in Montezuma Creek for a deputy to be stationed there.

OLD CLINIC BUILDING IN BLANDING DISCUSSED

Donald Jack met with the Commission to discuss the School District's request for

the use of the old clinic building in Blanding. Mr. Jack reported that if the Commission

grants their request they would like to have all of the renovation work done and

be ready to open the preschool part of the program for handicapped children by

the 1st of July.

AGREEMENT ON THE OLD ELEMENTARY SCHOOL BUILDING MONTEZUMA CREEK

Commissioner Bailey made a motion to approve the agreement submitted by the San

Juan School District giving the old elementary school building in Montezuma Creek

to San Juan County. The motion was seconded by Commissioner Low and carried unanimously,

BILLS APPROVED FOR PAYMENT

A & M Propane Propane purchased 298.97

Abajo Petroleum, Inc. Fuel purchased 7,870.12

Alcohol Rehabilitation Center Rehabilitation fee 720.00

Bancroft-Whitney Co. ALR 2D LCS 56-72 (3 books) 126.75

Black Oil Company Diesel purchased 17,134.09

Blanding Home Center Supplies 57.99

Bluff Water & Sewer Users Assn Utilities 14.20

Bradford, deal Travel 177.62

Brodart, Inc. Service for May 1984 211.82

Canyonlands Resort Refund for overpayment 125.00

Car Care Center Propane purchased 94.24

Cate Equipment Company Parts and supplies 4,023.83

Caun-Co., Inc. Supplies 459.81

Chevron USA Inc. Gasoline purchased 54.10

City of Blanding Utility 697.74

City of Monticello Utilities 52.50

Continental Tel Co of the West Telephone charges 138.05

Cortez Glass Company Supplies for Road Dept. 221.20

Cummins Intermountain Parts 1,563.23

Custom Floors and Furnishings Supplies 260.26

Electra Company Supplies 42.50

Empire Electric Assoc. Inc. Utilities 891.12

First Security Bank of Utah Liability from Payroll run 19.56

Grand Tire Company, Inc. Recaps 489.46

Haskins, Al Travel 156.10

Horsehead Hardware Supplies 203.99

International Business Machine Additional Copier 144.75

Johnson, Everett Janitor Work 40.00

KAR Products Inc. Supplies 386.30

Kenz & Leslie Distributing Co. Supplies 372.30

Mexican Hat Association Utilities 7.80

F. H. Miller Jr. Supplies 12.65

Motor Parts Company Parts for road dept. 1,376.73

Motor Parts Pro Mart Home Center Supplies 84.79

National Directory 1984 National Directory 26.95

Nielson Sand and Rock Concrete for Road dept. 434.00

Office Outpost Suppleis for Clerk's office 178.56

Orr's Auto Body & Glass Shop Parts for Road dept. 234.20

Qualtity Bookstore Supplies for (M) Library 134.73

Quill Corporation Supplies for Road dept. 8.65

Parley Redd's Food Town Supplies for (B) library 2.89

SJC Alcohol Rehabilitation Fund Alcohol Rehab Pat Haskins 105.00

San Juan County Ext. Office Travel for Jeff Krouskop 87.34

San Juan County J.P. Petty Cash SJC Just/Peace 68.90

The San Juan Record Public Notice 27.60

State Tax Commission of Utah Liability from payroll run 31.06

Swenson, Eric P. Legal Services 500.00

Thompson, Robert C. Mileage for March 1984 150.15

Travelodge (Tri-Arc) Travel for Al Haskins 104.00

Utah County Auditor Sanity Exam/Chris Jones 105.00

Utah Gas Service Company Utility for (M) Library 390.21

Utah Power & Light Company Utility Rec. Third Dist. 26.19

U.S.E. Credit Union Liability from Payroll run 25.00

Utah State Library Supplies for (M) Library 112.76

Utah State Social Security Agnecy Liability from payroll run 98.13

Utah State University UMC 49 Travel/Helen Neal March 84 164.85

USU Extension SErvice (UMC50-B 4-H Publications 192.50

W.H. Burt Explosives, Inc. Parts for Road dept. 2,428.45

Wheeler Machinery Company Parts for Road dept. 3,438.23

Mike Young Inc. Repairs/Senior cit. van 76.90

Young's Auto Parts Parts for Road dept. 22.86

Young's Machine Co. Repairs for Road dept. 83.98

There being no further business for this day the meeting adjourned at approximately 5:00 p.m.

Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk