341
MINUTES OF THE SAN JUAN COUNTY COMMISSION MEETING DECEMBER 3, 1984
The San Juan County Commission met in regular session on Monday, December 3, 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 R. Bailey Commissioner Robert Low Commissioner-elect Jerry Holliday
Minutes of the previous meeting with the specified corrections on the motion of Commissioner Bailey. The motion was seconded Commissioner Low and carried unanimously.
AL HASKINS REPORT
Al Haskins reported that he will be attending an Area Agency Directors Meeting in Salt Lake City this week. Among the topics that will be discussed are as follows:
Health insurance evaluation
Federal regulations regarding the Older Americans Act
GOVERNOR-ELECT BANGETER'S POSITION REGARDING THE NUCLEAR WASTE REPOSITORY DISCUSSED
Commissioner Black drafted a letter to Governor-elect Norman Bangeter regarding his statement opposing the testing for the Nuclear Waste Repository last week. The Commission approved the following letter:
Honorable Norman H. Bangerter
Governor-elect
State of Utah
State Capitol Building
Salt Lake City, Utah
Dear Norm:
It is an understatement to say I am disappointed in your "new" position as announced in your press conference with respect to the proposed Spent Nuclear Fuel Repository.
We are especially disappointed that you would make such a decision without any consultation with the local government officials concerned and based on news reports of statements alleged to be made by the DOE, information provided by Matheson and his staff who have announced outright opposition regardless of the facts, and your own statement that it would hurt the economy of the area and tourism without any supporting evidence, and in fact, with an overwhelming amount of evidence to the contrary.
I have talked to Mr. Jeff Neff as recently as yesterday, and your allegation that other states have been eliminated as of this date for political or any other reasons is simply not so. Also, contrary to your belief, Gibson Dome has not as of this date been either eliminated or selected. Furthermore, we believe there has been and will continue to be professional and even-handed evaluation.
We find it ludicrous that Matheson would accuse anyone else of being biased and unprofessional when he has announced his outright opposition to the Repository before the Environmental Assessments are reviewed which will consider all known factors related to all sites. His staff consists of a bunch of political hacks who are all biased and personally opposed, not only to the Repository, but to virtually any and all economic development in any part of Southern Utah. If you doubt this, I will personally give you the names of many professional people both in and out of state government in Utah who will verify it.
I recommended to you and your campaign staff that rather than rely on local people or the present Governor's staff for professional information, that you ask people with a background and education in nuclear science to be your advisors. One I suggested is Dr. Gary Sandquist who is in the Department of Nuclear Engineering at the University of Utah. There are others equally qualified.
We in Southern Utah have long been considered "pawns" and "expendible" to the politics and whims of some selfish interests in the Wasatch Front. Although this has been much worse under the Matheson administration than in the past, it has been present under other administrations and sane past members of Congress.
We consider "The Repository" issue as just one more in a long list of possible economic development activities which have either been neglected or actually killed by uncaring or selfish interests and the media in the Wasatch Front. These include lack of development of Canyonlands National Park, late and inadequate development of the Utah portion of Lake Powell, including the airport at Halls Crossing, access via the Burr Trail to Bullfrog, a marina at Lewelyn Bench with an access road via Escalante for the benefit of Utah as a whole, tourists, and the Counties surrounding Lake Powell. Other economic development projects killed are the Kaparowitz Power Plant, coal mining in the Alton Kaparowitz, and Henry Mountains. The demise of the Warner Valley Power Project, the IPP moved from the Salt Wash site in Wayne County, the problems encountered in the development of oil, gas, and C02 fields, excessive designation of Wilderness areas, the problems of Integral Vista, Park Buffer Zones, and the disinterest or lack of effort by the State in potential agricultural developments in northern Grand County, the East Clark Bench of Kane County, and the Halls Crossing area of San Juan County, using water owned by Utah but going free downriver to Arizona and California.
We had hopes, and we thought a committment that you would be a Governor of all the State. Apparently this is not so. We feel used and abused in having put our trust in you and finding it was misplaced.
Regretfully,
/s/ Calvin Black Calvin Black, Chariman San Juan County Commission
A copy of the letter drafted by the Grand County Commission will be also be signed by all of the San Juan County Commissioners including Commissioner-elect Holliday.
342
A copy of the letter from Governor-elect Bangeter to President Reagan listing the following objections to the DOE process in site election:
1. Promises by DOE officials to exempt certain states from site selection have destroyed all confidence in the scientific integrity and fairness of the site selection process.
2. DOE is now making crucial site selection decisions based on inadequate and unprofessional data collectiona and analysis.
3. The proximity of the proposed Utah sites to Canyonlands and other state and national parks makes the sites imcompatible with the disposal of nuclearwaste.
4. A better alternative to deep geologic disposal is surface storage of nuclear waste on at least a temporary basis.
BEER LICENSE APPROVED FOR WHITE ROCK STORE
Jack Adams and Ned Benally met with the Commission to present a beer license application for the White Rock Store in Bluff, which was formerly the Twin Rocks Store. Commissioner Low made a motion to approve the license. The motion was seconded by Commissioner Bailey and carried unanimously. The license will be effective for the remainder of 1984.
COMPUTER SOFTWARE DISCUSSED
Commissioner Low reported that he has received a request from Garfield County to purchase a copy of our computer software. The Commission would be willing to sell a copy of the software that they upgraded only. The cost would be approximately $15,000.
NUCLEAR WASTE POLICY WORK GROUP MEETING ATTENDED
Commissioner Low reported that at the Nuclear Waste Policy Work Group meeting on November 28th, the group is shifting its emphasis from the proxemity of the repository to the park to the possible damage from the repository to the Colorado River. Also, discussed was the possible change in the funding guidelines regarding travel. At the present time the funding from the State for travel can only be used by staff members. At the next meeting the possibility of funding from the State for travel expenses to be used by elected officials and citizens will be discussed. The Commission feels that state funding for travel should include elected officials from the affected areas.
LAWSUIT DISCUSSED RE: MARY TSOSIE
The Commission received a letter from the insurance company acknowledging receipt of a Summons and Complanint entitled Mary Tsosie v. San Juan County, et al. The company has hired the law firm of Richards, Brent, Miller and Nelson to represent San Juan County and any of the county employees who have been named in this lawsuit.
REPRESENTATIVE-ELECT DAVID ADAMS MEETS
Representative-elect David Adams met with the Commission and reported that he will be attending a Legislative Working Group on High Level Radioactivity meeting in Las Vegas, Nevada this week. This meeting is for legislators and staff from 23 states.
Representative-elect Adams reported that his legislative assignments are as follows:
Standing Committee on Energy, Natural Resources and Agriculture Appropriation Committee for Public Education
PUBLIC HEARING RE: INDUSTRIAL REVENUE BONDS FOR METHANOL PRODUCTION COMPANY RESOLUTION 1984-10
A public hearing was held at 1:00 p.m. in connection with Industrial Development Revenue Bonds for Methanol Production Corporation. Approximately 15 people were in attendance and those in attendance had no objections to the passage of the following Resolution. Commissioner Bailey made a motion to approve the Resolution and to authorize Commissioner Black to sign it. The motion was seconded by Commissioner Low and carried unanimously.
RESOLUTION NO. 1984-10
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SAN JUAN, UTAH,
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION WITH A PUBLIC HEARING ON A CERTAIN INDUSTRIAL DEVELOPMENT BOND FINANCING AND THE ISSUANCE OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED $10,000,000 (METHANOL PRODUCTION CORPORATION PROJECT)
WHEREAS, there has been presented to the County of San Juan (the "Issuer"), a request by Methanol Production Corporation, a Colorado corporation, or its assigns or nominee (the "Company"), for the issuance of industrial development revenue bonds to provide funds for the construction and development of industrial facilities consisting of a modular gas plant and related property and certain items of captial equipment for the production of methanol gas by the Company (the "Project") and for paying expenses incidental thereto, which shall be issued in the approximate principal amount presently estimated to be $9,500,000, but not to exceed $10,000,000 (the "Bonds"), to provide the permanent financing for the Project generally located on a ten (10) acre leased site approximately 25 miles north of Monticello, Utah, on Section 36, Township 29-1/2 South, Range 23 East; and
WHEREAS, the County intends to issue the Bonds in a maximum principal amount not to exceed $10,000,000 to provide financing for the Project; and
WHERAS, certain provisions contained in Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code"), as said SEction was enacted by Congress under the Tax Equity and Fiscal Responsibility Act of 1982 ("T.E.F.R.A."), require that a public hearing be held in connection with the authorization and issuance of any industrial development revenue bonds for a project and that an elected representative be appointed to approve such issuance of such industrial development revenue bonds; and
WHEREAS, the Board of County Commisioners of the County of San Juan (the "Board") has been requested to conduct a public hearing pursuant to Code Section 103(k) for the issuance and sale of the County of San Juan, Utah, Industrial Development Revenue Bonds (Methanol Production Corporation Project) Series 1984; and
WHEREAS, the Board has, pursuant to Code Section 103(k), set a public hearing on the issuance of the Bonds for December 3, 1984, and has authorized the publication of notice thereof which has been duly published in the San Juan Record; and
343
WHERAS, the Board must now approve the findings and determinations to be made in connection with said public hearing.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SAN JUAN, UTAH, AS FOLLOWS:
Section 1, The recitals set forth hereinabove are true and correct ina 11 respects.
Section 2. The Board after having conducted a public hearing, notice of which was duly published in a newspaper of general circulation within the County, as said public hearing is required pursuant to the requirements of Code Section 103 (k), does hereby find and determine that the purposes and intent of the County's industrial development bond financing program and the authorization and issuance of industrial development revenue bonds to provide financing for the Project undertaken pursuant to the Utah Industrial Facilities Act, Sections 11-17-1 to 17, inclusive, Utah Code Annotated (1953), as amended (the "Act"), will be furthered by the issuance of the Bonds in the maximum principal amount not to exceed $10,000,000 for the purpose of providing financing for the Project. Such Bonds shall be in the maximum principal amount not to exceed $10,000,000 upon such terms and conditions as shall be set forth in appropriate documents prepared in connection with the issuance of the Bonds, and said Bonds shall be issued solely for the Project. Such Bonds shall be in the maximaum principal amount not to exceed $10,000,000 upon such terms and conditions as shall be set forth in appropriate documents prepared in connection with the issuance of the Bonds, and said Bonds shall be issued solely for the Project. The Board hereby finds and determines that the public purposes and benefits as set forth in the Act will be furthered by the issuance of the Bonds. The Bonds will provide financing for the Project and such financing will thus make the Project a financially viable and productive industrial development project and therby provide for the accrual of public benefits from the use of the facilities constituting the Project.
Section 3. The Board hereby appoints the Chairman of the Board to serve as the elected official to approve the issuance of the Bonds pursuant to Code Section 103(k) and to execute and deliver any documents or instruments reasonable requested in connectin therewith.
Section 4. This Resolution shall take effect upon adoption. PASSED, ADOPTED AND APPROVED this 3rd day of December, 1984.
/s/ Calvin Black
Chairman of the Board of County
Commissioners of San Juan County, Utah
(seal) ATTEST:
/s/ Carol T. Hoggard, deputy County Clerk of San Juan County, Utah
The Commission requested a letter from MPC stating that their offices will be located in Monticello and every effort will be made to employ residents of San Juan County and that trucking operators from San Juan County will have a chance to bid on any trucking jobs.
EXCAVATION PERMITS RE: INDIAN RUINS DISCUSSED
Bruce K. Halliday, County Attorney, met with the Commission and reported that in his legal opinion the Commission can not put any restrictions on the excavation of Indian Ruins in the County.
BRUCE TERRY MEETS
Mr. Bruce Terry from Montezuma Creek met with the Commission to discuss the following concerns:
High interest charge on pawn by some businesses Law enforcement problems in Montezuma Creek Roads on the reservation
Commissioner Black stated that for the last 20 years upgrading the roads on the reservation has been a priority for the County. At that time there was nothing there but dirt trails and the major effort has been by the County.
YEAR-END BUDGET CUTOFF DATE DISCUSSED
John Fellmeth, Data Processing Manager/Chief Deputy Auditor, met with the Commission to discuss changing the year-end cutoff date for accounting purposes from January 15th to December 31st. The Commission approved this change.
BUILDING PERMIT APPROVED
Commissioner Bailey made a motion to approve the following building permit. The motion was seconded by Commissioner Low and carried unanimously.
Fred Stocks - LaSal
BILLS APPROVED FOR PAYMENT
Leon Adams Judgement payment/84SC033 90.00
Arnold Machinery Company Parts/Road Dept. 87.92
Kenneth R. Bailey Travel for Commissioner Bailey 1,024.29
Blake, Moffitt and Towne Supplies/Senior Citizens 1,420.55
Blanding City Police City ordinances 62.50
Caun-Co., Inc. Supplies/Road Dept. 231.90
Chevron USA Inc. Travel for Commissioners 36.80
City of Blanding Utilities/Road Dept. 675.29
City of Monticello Utilities/Courthouse 99.00
Continental Tel Co Telephone charges/Courthouse 1,981.52
Country Kitchen Dinner/Development Board 86.71
Empire Electric Assoc., Inc. Utilities/Courthouse 1,373.27
Wanda Farabee Cleaning services 40.00
First Security Bank of Ut. Judgement payment/83SC135 50.00
Future Electronics Supplies/Communications 14.85
Hafer's Inc. Supplies/Road Dept. 422.28
Hogie's Restaurant Nov. meals/Senior Citizens 420.00
Holden, Ace Window repair/M-Library 125.02
Howell, Patsy Melas senior citizens/11-84 1,479.00
Ideal Beverages, Inc. Pop/vending machine 45.00
International Business Machine Copier 549.38
Donna A. Jones Registration agent 60.00
844
KAR Products, Inc. Parts/Road Dept. 437.44
Marsha Keele Travel/Development Board 208.78
Harold Lyman Travel/Small Business Reg. 86.00
Mexican Hat Association You are here signs 800.00
Mighty Distributing System Parts/Road Dept. 139.85
Monticello Mercantile Vacum cleaner/Courthouse 604.06
Neutron Industries Supplies/Senior citizens 140.21
Helen Parrish Meals/11-84 630.00
Remarkable Products, Inc. Calendar Board 20.45
Rockmount Research & Alloys Supplies/Road Dept. 423.78
San Juan County County ordinances 1,038.00
The San Juan Record Public notice 51.60
Satellite Software International Upgraded/software 40.00
Ernest Sondregger Concrete/Senior Center 77.50
Southern Paving Company Repair/Pack Creek Road 384.43
State Treasurer of Utah P.O.S.T. 617.00
Utah Association of Counties Second/Third quarter 584.00
Utah Power & Light Company Utilities/Bluff Bldg. 312.58
Utah State Library Supplies/6-Library 288.64
Utah State Retirement Board Judge Bunnell's retirement 110.00
Utah State Treasurer City/County ordinances 5,756.00
The Washington Monitor Directory 142.00
Wheeler Machinery Company Supplies/Road Dept. 1,150.83
Young's Auto Parts Supplies/Fire Control 7.39
U.S. Postmaster Postage/Jury wheel 100.00
Clyde M. and Nina S. Barton Release of money/M-reservoir 60,748.47
Affiliated Metals Parts/Road Dept. 45.68
First Security Bank of Utah Road & Trust Fund TCD's 4,501,156.00
Four Corners Solar & Construction Concerete protion of Road Shed con. 23,877.00
There being no further business for this day the meeting adjourned at approximately 4:00 p.m.
Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk