SAN JUAN COUNTY COMMISSION MINUTES MAY 5, 1986 Page 84

The San Juan County Commission met in regular session on May 5, 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

Minutes of the April 28, 1986, Commission Minutes were approved with the corrections on the motion of Commissioner Bailey. The motion was seconded by Commissioner Holliday. UNANIMOUS.

DIVISION OF WILDLIFE FISH AND GAME

Guy Wallace with the Division of Wildlife Fish and Game met with the Commission and the following items were discussed:

Big Game Meeting Mr. Wallace said the Big Game Meeting is May 14, 1986, at the Monticello High School at 7 p.m.

Beef Basin - Doe hunt Commissioner Black asked if there was going to be another doe hunt in Beef Basin this year and if there was a possibility of transplanting the deer to another area. There are some local people that would volunteer to help with the transplanting. Mr. Wallace said the Division of Wildlife is planning on another hunt this year. They are hoping to stabilize the deer in Beef Basin until the other areas catch up. Mr. Wallace said he does not recommend transplanting the does because there is a high mortality rate. The areas would have to be evaluated, studies done and the road kept open all winter long.

Commissioner Black said that Elk Ridge needs to be restricted and limited to hunters and non-residents should also have to buy hunting license before the drawing the same as state residents. Mr. Wallace said they made a recommendation on this. Commissioner Black reminded Mr. Wallace that all the does are killed in the hunt but only a few does die in the transplant.

Foy Lake Mr. Wallace said he is not sure what the plans are for the Foy Lake because of the Division of Wildlife's funding. The lake was drained to control the vegetation that was growing and they were going to let the lake sit and dry out and hope it would freeze the vegetation over the winter. Mr. Wallace said the lake needs to be cleaned out four or five feet deeper while it is dry. Mr. Wallace said the district was late with their budget request and did not get enough money to do the project and will have to wait until next year. Mr. Wallace said it would help if people wrote letters to the state. The Commission will write letters to the State Wildlife and legislature saying that Foy Lake is an important recreation area to the local people in the community and there is a need for funding to finish this project. Recapture lake - fish Mr. Wallace said that at Recapture Lake they caught 90 fish in their gill net and most of these are stunted fish. Wildlife did plant some more fish this year and they are looking better.

SOUTH COTTONWOOD ROAD - FOREST SERVICE - BOB DAY

Bob Day, Forest Service, met with the Commission to talk about the South Cottonwood road right of way. Mr. Day said in the last year they have had a lot of interchange with the Utes at Toawac and White Mesa and the pending law suit with Melvin Dalton. Mr. Day said the Forest Service received a call from Carl Night in Toawac and advised them: "don't haul logs, or any commercial and wood products on this road because you don't have a right of way". Mr. Day said there was no written statement or official notice of this. Mr. Day asked what the position of the county is with respect to the right of the road. The Commission's position is, that the Cottonwood road is a county B road and the county has the right of way by adverse use and has responsibility of maintaining public access.

ELK TRANSPLANT

The Commission asked Bob Day, Forest Service, how the proposed elk plant was coming along. Mr. Day said the Forest Service has six transplant areas pending on the Manti-LaSal National Forest. Mr. Day said they put a blanket statement in their management framework plan stating the transplants will be considered case by case as long as they don't interfere with the management unit. The elk transplant will be considered on each proposed area. Mr. Day said they received many letters on this and the Forest Service responded by saying, as soon as the plans are done they will prepare an EA and authorize or disapprove the transplant. Mr. Day said the plans will be out by mid-summer and he is going to have a biologist from Moab do an environmental assessment before then. There will also be a period of public input. Loop Road Commissioner Bailey said the county is planning on working on the first two miles on the loop road this summer.

Dark Canyon Commissioner Black asked what the status is on driving four-wheelers three-wheelers and dirt bikes in Dark Canyon. Mr. Day said there will be no limit of the type of vehicle that can be used on the Dark Canyon road. Commissioner Bailey said all roads are considered to have a 50 foot right of way. Congress has asked the Forest Service to prepare a boundary description of this wilderness and submit it to them for approval and Congress will set the limits of that road. The Forest Service would like to set a minimum road that people use to a ten to fourteen foot right-of-way limit with turn outs and other appropriate things. Commissioner Black said he feels the Forest Service should not be out of reason and so forceful. If they go beyond what people will accept it will create a problem.

BOILER - COURTHOUSE - Moe Jean & Son

Moe Walters from Montrose met with the Commission concerning a bill he had sent to the county and has not yet received a payment. Moe said he worked on the hot water system (boiler) in the courthouse for Benny Musselman last year. Commissioner Bailey said the contract was awarded to Benny Musselman and he had to install an extra heat exchanger. Moe said he wasn't able to weld the boiler because the boiler inspector would not allow welding on the boiler. The Commission said they were not aware of this bill and authorized Gail Johnson, clerk, to pay Moe this bill for $143.25.

NURSING HOME & HOSPITAL - HILL-BURTON OBLIGATIONS

Ted Stagg, CPA developer, talked to the Commission on the telephone about his meeting in Denver with the Hill-Burton firm, concerning the county's Hill-Burton obligations on the nursing home and hospital. Mr. Stagg said he told Hill-Burton that the county's nursing home is in the management/purchase process and possibly the hospital will be in the future. Mr. Stagg said they told him the county would have to notify Hill-Burton within 10 days after the sale. Within six months Hill-Burton will request accounting information from the county. Then the county has a 90-day period to give them that information. Mr. Stagg said the county has two possible options to the obligations; one, the county may be able to pay 40% of the unpaid grant as a cash settlement; two, the county may be able to take the remaining grant amount and put it in a Trust Fund and that money would be used for health care in the county sometime in the future. The county would need to go through the hospital and nursing home bills and write off any accounts that would meet Hill Burton requirements. Also, the county will have to hire an audit firm to go through the nursing home and hospital account receivables. The Commissioners feel setting up a Trust Fund would be best.

COMMUNITY NURSING SERVICES - Jan Treml

The Commission talked with Jan Treml of Community Nursing Services on the telephone. Ms. Treml said

Community Nursing Services assumed responsibility of San Juan County Hone Health on May 1, 1986. Ms. Treml said she and her aid came down and assessed the county home health and found that the program provides a necessary service. CNS will maintain current methods of service delivery and will increase services by providing more homemaker home health aide level of care. Ms. Treml said CNS made some changes with the nursing positions and salaries. CNS made a proposal to purchase the county's assets: medical supplies will be paid at 100% $1,034.54, fixed assets: Blazer $837.50, office equipment $626.24, medical equipment $1000, for a total of $3,498.28. Commissioner Black said the county can't sell equipment (the Blazer) for less then market value. Ms. Treml said she is willing to lease the vehicle from the county. Ms. Treml said CNS will make final billings for county and charge for the required employee time.

MARTHA McCANN - HEARING

The Commission wrote the following letter concerning the hearing for Martha McCann:

May 5, 1986

Mrs. Martha McCann

Box 1027

Monticello, Utah 84535

Dear Mrs. McCann:

After due deliberation, the Commission has concluded with regard to the hearing held on the 28th day of April, 1986, at the courthouse in Monticello, Utah, that your request for compensation and position adjustment arising out of alleged grievances should be denied. The denial is based upon the Commission's decision that there was no timely appeal either to the Sheriff or to the Commission, of Sheriff Wright's action in demoting you, nor did the evidence substantiate your complaint. Far too great of time has expired since the occurance of the event to justify a reversal of the Sheriff's actions even if the evidence sustained your complaint. It is the decision of the Commission that BOTH parties erred in not documenting their findings and/or position at the time of those findings and/or decisions and then expeditiously pursuing your remedies. Even given this delay the Commission concluded that the salient testimony with regard to the matters at issue was not controverted thus the above decision.

At the hearing, a number of matters, which the Sheriff claimed had not been brought to his attention before, were permitted to be discussed, however, it is the conclusion of the Commission that these are complaints relative to working conditions, not relative to any grievance which would justify a modification of wage or position, and because same had not been brought to the attention of the Sheriff, we suggest that you do so and feel confident that adjustments in the working conditions will be made consonant with budgetary and other administrative considerations.

We very much appreciate your taking the time to bring these matters to our attention and now believe that with this decision the parties may proceed with providing the best possible service to San Juan County and the community, which we ALL serve.

Very truly yours,

San Juan County Commission

WILDERNESS - SPECIAL MEETING

There will be a special meeting at the courthouse tonight at 7:30 p.m. for the public to discuss the BLM Wilderness proposed areas. Commissioner Black will be absent due to Wilderness sub-committee meetings in Salt Lake. Commissioner Bailey, Commissioner Holliday, Rick Bailey, Administrative Assistant, and Doug Pehrson, county surveyor/engineer will be present to help. Copies will be handed out of Bill Howell's, SEU-AOG, rough draft response to the EIS, to be used as a guide-line for the public to use in their response.

HOME ECONOMIST - UTAH STATE UNIVERSITY

Ralph Home, Utah State University, met with the Commission to introduce the new county home economist, Holly Tatnall. Mr. Horne said she is finishing her masters degree at Colorado State and will begin working for the county June 1, 1986. Ms. Tatnall told the Commission she is from Pennsylvania and has taught home economics in Australia for a couple of years, then came back to the U.S. and worked with the handicapped adults. Ms. Tatnall said she is working on a 4-H internship and is excited about working in San Juan County.

County Agent Mr. Horne said he feels Jim Keyes, county agent, is doing a very good job and is working closely with the local farmers. Mr. Horne said he feels there will be good team work in the agriculture, 4-H, and home ec department, and suggests Mr. Keyes and Ms. Tatnall meet with the Commission once a month to give a report on their program and take any feed back. The Commission said they will be glad to work with each of them.

BUREAU OF LABOR STATISTICS

Commissioner Black said he received some information that the Bureau of Labor Statistics is going to consider changing the method in which they determine unemployment. They have never considered Indians unemployed because they are on welfare. The Bureau of Statistics will propose a study project of research methodology.

UTAH ASSOCIATION OF COUNTIES - UAC Public Lands Steering Committee

Commissioner Black reported that Pete Coleman, Wasatch County Commissioner, has been appointed by the Utah Association of Counties board of directors to replace Lee Bracken of the chairman of the UAC public lands steering committee.

GRAND COUNTY WATER CONSERVANCY DISTRICT

Commissioner Bailey reported that the Grand County Water Conservancy District is having a meeting tonight in Moab. The meeting will be held with the interested property owners to update them on the annexation procedure. Commissioner Bailey said he called Dale Pierson, manager, earlier and Mr. Pierson said he would definitely make the public aware of the difference between the water conservancy district annexation of properties and real property annexation of lands from San Juan County into Grand County.

ROAD SCHOOL - UTAH ASSOCIATION OF COUNTIES

Commissioner Bailey, Commissioner Holliday, and others from the road department will be attending the Utah Association of Counties Road School in St. George, Utah, May 6, 7, 8, and 9.

RECAPTURE LAKE ROAD - L.C. Ranch

The following letter was sent:

86

April 30, 1986

San Juan Water Conservancy District 62 North Main Blanding, Utah 84511

Dear Sirs:

The San Juan County Road Department constructed an approach road to Mr. Guymons' L.C. Ranch property. At the time we constructed the approachf we asked about the Recapture Dam water level, when full, and were told that the water would not be above the 6056 marker on the Dam.

We constructed the fill on Mr. Guymons' approach to be about 30 inches above that level.

We now find that the water has to rise 52 inches above that level to escape out of the spillway. That would put Mr. Guymons approach road under about 18 inches of water.

The county constructed the approach in good faith, and has done all we agreed to do. Any future problems are the responsibility of the Water Conservancy, and the County Road Department will not assume any liability for the water over that road.

Sincerely,

/s/ Bernal Bradford

South District Road Foreman

ROAD DEPARTMENT BID - WHEEL ALIGNMENT

Two bids were received for a wheel alignment set for the county road department. Commissioner Black passed the chair to Commissioner Bailey and made the motion to award the bid to Jack Codner Auto for $5,000. Commissioner Holliday seconded the motion. The voting was as follows:

Commissioner Holliday - Aye

Commissioner Bailey - Aye Commissioner Black - Abstained (The other bid was Professional Automotive Equip, for $9,045.00)

LOYD'S LAKE ROAD - Holliday Construction

Commissioner Black passed the chair to Commissioner Holliday and made the motion to pay Holliday

Construction for $14,512.18 for the final payment on the Loyd's Lake construction project. Commissioner Bailey seconded the motion. The voting was as follows:

Commissioner Black - aye Commissioner Bailey - aye Commissioner Holliday - abstained

The county allowed Holliday Construction the extra days to complete the project, without penalty as the

Commissioners determine that they would have done for another contractor under the same conditions.

BILLS APPROVED FOR PAYMENT

A & M Propane Blanding Road Shed 418.91

Abajo Petroleum, Inc. Diesel for road dept 3,815.77

American Glass Supplies Road Dept. 25.75

Arnold Machinery Company Parts for road dept 5.070.41

ASA Welders Supply, Inc. Supplies road dept 42.04

Kenneth R. Bailey Expenses Oct-May 1986 877.50

Richard M. Bailey Travel Expenses 47.04

Bill Bayles Travel Expenses 66.78

Frank Beeson Repairs for Sen.Citz Frig 37.00

Bennett Paint & Glass Supplies for road dept 2,100.00

Black Oil Company Fuel for road dept 4,286.94

Blake, Kermit Programming April-May 1986 786.44

Blanding Mercantile Supplies Dept of Aging 26.76

Blue Cross-Blue Shield Reombursement Invoice 7,720.10

Blue Mountain Petroleum, Inc. Fuel Road Dept. 352.95

Bluff Water & Sewer Users Assn Utilities Bluff Bldg 20.00

Bradford, Bernal Travel Expenses St. George 232.66

Brodart, Inc. Service for June 1986(B) 90.97

Bureau Land Management Application Fee/Mont. Creek 100.00

Bureau of Land Management Elec. Distribution Abajo Peak 1,167.00

Cate Equipment Company Parts for road dept 1,161.37

Chevron USA Incorporated Travel Peggy Humphreys 39.76

City of Blanding Utilities Rec. Golf (B) 1,861.81

City of Monticello Utilities Monticello Golf 63.00

Codner Motor Service Wheel Allignment Set 5,000.00

Continental Tel Co of the West Tele Charges Library (B) 70.89

Creamer & Noble Engineers 20% PMT'of FAA Grant 8,000.00

Nell Dalton Helping Historical Soc. 40.00

Dictaphone Supplies Attonreys Office 109.20

Empire Electric Assoc., Inc. Utilities Library (M) 297.92

Frank's Supply Company, Inc. Supplies Road Dept 2,135.00

Grant Tire Company, Inc. Supplies Road Dept 930.82

Hafer's Incorporated Parts road dept 685.80

H&K Lock Smith Shop Repairs Locks Courthouse 10.00

Bryon Hawkins Travel Abajo Peak 80.85

Hawkins, Stanley M. Expenses to St. Geo. 164.46

Henderson Wheel & Warehouse Supplies Road dept 198.17

Horsehead Hardware Supplies road dept 97.47

Wesley L. Hunt Supplies, Etc, Communication 143.00

IAAO Membership Dues Assessor 75.00

International Business Machine Installment Payment 866.14

Inkley's Supplies Sheriffs Office 222.15

Intermountain Battery Supplies Road Dept. 359.45

Intermountain Electric Parts for Road Dept. 265.73

Intermountain Farmers Assoc. Herbicide Purchased 410.17

Jacco Supplies Road Dept. 53.21

Eldon Johnson Herbicide Purchased 120.00

Kents Foods Groc. for Sheriffs Office 920.30

Leavitt, Grant H.Lunches for Jailers59.50

Venice Lyman Restitution Kelly Shumway 100.00

Ken McDonald Herbicide Purchased 71.50

Lloyd Mabrey Bail Refund No. A-289031 26.00

Midland International Corp Supplies Communications 40.79

F.H. Miller, Jr. Parts for Road Dept 56.90

Miline Truck Lines, Inc. Parts for Road Dept 48.25

Monticello City Justice/Peace S.O. Collections 5-20-86 1,183.00

Monticello Mercantile Vending Machine Purchase 145.36

Motor Parts Company Parts Road Dept 846.37

Motor Parts Pro Mart Home Center Parts Road DEpt 922.11

Navajo Tribal Utility Auth. Novembers Billing 7.50

Northern Electric Repair Furnace Library (M) 115.00

PFC Products Marriage License Folders 56.50

Palmer's Historical Society 94.43

Gus Paulos Chevrolet, Inc. Parts for road dept 97.70

Performance PRoducts Parts for road dept 252.31

Douglas Pehrson Expenses St George 245.20

Phillips Petroleum Company Travel for Steve Stovall 7.43

Professional Armaments Supplies Sheriffs DEpt 9.20

Quality Bookstore Books Library (M) 40.42

R&H Distributing, Inc. Supplies Recreation Dept 100.00

Parley Redd's Food Town Supplies Library (B) 76.89

Regional Supply Inc Supplies Road Dept 35.14

Revere Products Corporation Supplies Road Dept 55.33

Rusty Iron & Salvage Supplies Road DEpt 182.35

S-W Parts and Supply Parts for road dept 87.62

San Juan County Gas & Repairs Div of Aging 1,741.27

San Juan County Library (B) Petty Cash Library 54.55

San Juan County Hospital Balance remaining on employees 294.72

San Juan County Nursing Home Meals served April 534.00

San Juan County Road Dept UPS for Road Dept 35.45

S.J. County 12th Circuit Court Albert Sam Report 5-20-86 500.00

San Juan Health Care Services Physiocontrol 4,547.80

San Juan Pharmacy Supplies Assessors Office 56.55

The San Juan Record Deposit Mex Hat for Press 1,595.43

San Juan Security Supplies Senior Citizen 22.50

Saveway Automotive Supplies Road Dept 290.20

Scenic Aviation Trip to Navajo Mnt. Sheriff 316.00

Schafer Auto Repairs Road Dept 238.00

Smith Plumbing & Heating, Inc. Supplies Recreation Dept 112.62

Sorbus Maintence Charge 280.06

State Information System Serv. Equipment Usage Sheriff 149.00

State of Utah Central Stores Supplies Purchasing Dept 135.09

State Treasurer of Utah Juvenile Crt Alcohol Rehab 5.00

Sun Television & Appliances Cash Registers Recreation 296.00

Laverne Tate Travel Expenses Historical Society 21.84

Texaco Incorporated Gas purchased Dept Aging 14.71

Thatcher Chemical Company Supplies Recreation Dept 402.00

Uniden Corporation Of America Supplies Communications 470.22

United States Postal Service Stamps Justice of Peace 66.00

Utah Dept of Employ Security Unem Benefit G. Sanchez 1,326.96

Utah Gas Service Utilities Courthouse 646.47

Utah Geographic Services Sub Library (B) 11.25

Utah Local Gov't Ins. Trust County Ins. 10,000.00

Utah Power & Light Company Utilities Communications 52.76

Utah State Archives Resolution Chart 7.00

Wheeler Machinery Company Credit from 7998580 3,222.54

Xerox Corporation Copier Supplies 159.80

Mike Young Incorp. Repairs Sheriffs Dept 181.78

Young's Machine Company Repairs Library (M) 205.69

ADJOURNED

There being no further business the meeting was adjourned at 4:30 p.m.