SAN JUAN COUNTY COMMISSION MINUTES FEBRUARY 8, 1988
The regular session of the San Juan County Commission convened at the hour of 10:00 a.m. at the San Juan County Courthouse, Monticello, Utah.
Commissioners present were: Calvin Black
Kenneth Bailey Mark Maryboy
A motion to approve the minutes of February 1, 1988 as corrected was made by Commissioner Maryboy and seconded by Commissioner Bailey. UNANIMOUS.
ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT
BLM San Juan Resource Management Plan - A meeting of the following individuals was held to brief them on
the BLM San Juan Resource Management Plan: Congressman Howard Nielson and staff; Ron Madsen from Senator
Hatch's office; Diana Frank of Senator Garn's staff; Howard Bigtrup of Representative Hansen's office,
Travis Perschon, UDIA; Pat Spurginf Utah State Land Board; Mike Christensen, Utah State Planning, Von Cox
and Ralph Coates, Questar; Jimmy Walker Grand County Commission, Dave Knudsen and Bill Howell, Executive
Director of Southeastern Utah Health District. There was good support from Grand County and from the
congressional delegation. Members of the group suggested other concerns that weren't previously
mentioned. Congressman Nielson will try to get a meeting of the Utah Congressional Delegation to visit
with the BLM Director, Bob Burford in Washington, D.C. Bill Howell and Rick Bailey are still working on a
detailed response to submit to the BLM in opposition to the plan.
Surplus Equipment - Administrative Assistant Rick Bailey contacted Dave Johnson as to the status of the
government surplus property. Mr. Johnson indicated that the road equipment was all locked up as was the
rubber-tired dozers for a time. San Juan County will be able to get the scraper already requisitioned but
Mr. Johnson didn't know just how soon it would be available.
It would be helpful to Mr. Johnson if he had a list of the items that the County is interested in then he
could pick them up when they became available.
Navajo Tribe Aging Contract - A meeting with Eva Platero of the Navajo Tribe will be held on February
23rd in Window Rock, Arizona to go over the terms of the Navajo Tribe Aging Contract.
Forest Service Translator Sites - Carvel V. Magleby, Executive Director of the Six-County Commissioners
Organization has invited interested parties to attend a meeting on February 19th at 10:00 a.m. in the
commission chambers of the Sevier County Courthouse. The Forest Service proposal to impose a fee schedule
for use of T.V. and F.M. translator sites located on Forest Service administered lands will be discussed.
CURRENT BUSINESS
Eastland Road - George Barry met with the Commissioners to request the addition of an Eastland road to the County Road System. Mr. Barry has a 30' right-of-way on the road. The County Road Department needs a 50' right-of-way in order to put it on the system. Mr. Barry will try to obtain the needed extra footage and Commissioner Bailey will have County Engineer Doug Pehrson look at the road and make a recommendation to the Commission.
Aneth Chapter Road Request - Billy Todachennie made a request to maintain and improve the community roads within the Aneth Chapter area. The mud is so deep that the school bus cannot pick up all the children. Mr. Todachennie also presented a copy of a resolution from the Aneth Chapter requesting the improvement of existing state roads within the Aneth Chapter area by the Utah State Road Department. An Aneth Chapter Resolution was also presented opposing the BLM San Juan Resource Management Plan limiting access to areas traditionally utilized by area Navajo's in gathering firewood.
Commissioner Bailey is making a request to the Utah Department of Transportation for guard rails and fencing to be provided along State Roads throughout the Reservation. Mr. Bailey felt a letter writing campaign by the school administrators and students to UDOT would influence the decision to have the work done.
Commissioner Maryboy indicated the BIA wants to turn the section of road from Bluff to Mexican Water in Arizona over to the Arizona State Road Department. Cortmissioner Black stated it would be an extension of the Utah State Road through Bluff. Commissioner Maryboy will draft a letter to the BIA expressing the support of the Commissioners.
Jane Musselman - Jane Musselman met with the commissioners in response to a letter from Chairman Black offering her employment with the road department. She felt that possibly the job was created knowing she would rather work for a salary than take unemployment. Commissioner Black stated that it was work that needed to be done in connection with the oil company's lawsuit. Mrs. Musselman indicated that she would consider it. After talking to Wanda Franklin, office manager of the road department, Mrs. Musselman said she would not work for $4.00 per hour as offered but would work for $7.00. The Commissioners indicated that the job did not merit $7.00 an hour, but directed Mrs. Franklin to offer her employment at Grade 1 Step 1 for $4.91 per hour.
San Juan County Fire Program - John Baker reported to the Commission that the tank truck given by the County to Monticello City is still claimed by the BLM. The BLM wants to write it off to the city if they can reduce the $50,000 original cost to warrant a write-off.
The State has some Dodge 3/4 ton 4x4 pickups they want to exchange for the military M37's for use in the County fire program. They will be issued as is and want the counties to paint them white or lime green and install a roll bar on them. Mr. Baker recommended that we try to obtain four of the pickups. The Commission authorized Mr. Baker to procure the vehicles for the County.
Mr. Baker reported that he has inventoried three areas within the County and is working on the rest. The Cedar Point area needs the snow plowed to the private well used to fill the trucks during the winter months. Commissioner Bailey will talk to the road department about getting the work done. LaSal Road to Hoo 16 Mine - Vion Johnston requested that the road be graded into the Hoo #6 mine at the head of LaSal creek. Commissioner Bailey called the road department and asked road foreman Merz Hugentobler to have the road graded.
Cafeteria Plan Insurance - County Clerk Gail Johnson, John Fellmeth and John Black met with the commission to discuss the cafeteria plan insurance obtained for the County employees. Mrs. Johnson reported on the problems encountered trying to work with Utah Local Government Trust with the plan. The Commissioners gave approval to suspend dealings with Utah Local Government Trust and to look for another outlet to provide county employees with the insurance coverage they would like. A couple of claims will have to be paid because the employees were led to believe they were covered with the needed insurance. Hill-Burton Obligation - Commissioner Black asked John Fellmeth to talk to County Attorney Craig Halls about filing a motion dismissing Auburn Manor from the lawsuit.
Auburn Manor Nursing Home - Rayburn Jack and Ruel McPhie discussed the possibility of coordinating the San Juan County home health care through the Auburn Manor Nursing Home. It has been handled through the Community Nursing Service but they have requested additional funding to continue with the service. The County did not feel they could put additional funding into the program and suggested the program be taken over by the Southeastern Utah Health District but action has not been taken by the District. Mr. McPhie indicated they will go ahead and make a study to see if it would be feasible for the program to be handled through the nursing home.
Public Safety Building - A motion to approve the request for payment from the Department of Community and
Economic Development in the amount of $173,528.63 on the Public Safety Building was made by Conmissioner
Bailey and seconded by Conmissioner Maryboy. UNANIMOUS.
Hospital Accreditation - A letter from the Joint Commission on Accreditation of Health Care Organizations
states: The Joint Commission is pleased to award your organization accreditation as a result of your most
recent survey subject to the contingencies outlined in the attached report. This accreditation is
effective for three years from October 1, 1987.
San Juan Water Conservancy District - A motion was made to reappoint L. Hardy Redd as a member of the San
Juan Water Conservancy District by Commissioner Bailey and seconded by Conmissioner Maryboy. UNANIMOUS.
COMMISSIONER CALVIN BLACK'S REPORT
BLM San Juan Resource Management Plan - Commissioner Black, Rick Bailey and Representative David Adams met
with Dee Hanson, Director of Natural Resources; Pat Spurgin, Director of State Land & Forestry; Diane
Nielson, Director of Oil, Gas & Mining and Milo Barney to review the BLM San Juan Resource Management
Plan. The BLM is saying that San Juan County is overreacting and that the plan is not as bad as they say
it is. Commissioner Black pointed out that once the plan is adopted it will have to be administered as
written. Commissioner Black further stated that the newspaper report, verified by Commissioner Maryboy,
told the Navajo people that they didn't really need to worry about the wood gathering because the BLM
would allow them to go into areas and even build roads for them.
When the wood was gathered there the BLM would let them move on to other areas. The RMP strictly forbids
wood gathering in over 80,000 acres and on a mile-wide strip along the highway that goes from Mexican Hat
to the junction of U95 and from U95 from Butler Wash to the Colorado River bridge, then from 276 at Halls
Crossing road into the Park Recreation area boundaries. The plan specifically says no wood gathering
except for campfires in the area. Also the ACEC's restrict wood gathering and vehicles would not be
allowed off existing roads and no new roads would be allowed.
Economic Development in Rural Utah - Commissioner Black was invited to speak to a group of about 15
legislators and other interested parties on economic development in rural Utah. Other speakers included
President Sheratt of the College of Eastern Utah, Senator Carey Peterson from Nephi, and Jimmy Walker,
Grand County Commissioner.
House Bill 157 - A presentation to the Legislative Revenue and Taxation Standing Committee was made by
Dave Spatafore for the cities on House Bill 157 and Commissioner Black represented the counties.
After considerable discussion the issue was continued until next Wednesday.
Conmissioner Black will attend those meetings.
Natural Resources Interim Committee - Commissioner Black and Representative David Adams met with the
Natural Resources Interim Committee to present the joint resolution supporting the Lake Powell Land
Exchange. It was reported out of committee with no negative votes. The resolution will be passed by the
Utah House of Representatives and Senate and concurred in by Governor Bangerter.
Blanding Intersection - The main intersection in Blanding on the state road needs to have more adequate
signs to inform tourists coming through. Blanding City has requested the State DOT to do something about
it but nothing has been done. Conmissioner Black will write a letter to the DOT supporting Blanding City
and citing the safety factors involved. A copy of the letter will be given to Conmissioner Bailey for
discussion at the annual meeting with the DOT on March 10th.
Canada Free Trade Agreement - The following resolution was adopted opposing the Canadian Free Trade
Agreement:
RESOLUTION 1988-2
WHEREAS, a strong and viable domestic uranium industry is required to ensure the United States national defense and energy independence; and
WHEREAS, Section 161(v) of the Atomic Energy Act mandates the maintenance of a viable domestic uranium industry; and
WHEREAS, the Secretary of Energy has since 1984 found the domestic uranium industry to be non-viable; and
WHEREAS, domestic uranium producers and nuclear utilities have cooperated in seeking comprehensive legislation (S. 1846) which will revitalize the domestic uranium industry and the domestic enrichment industry; and
WHEREAS, the proposed comprehensive legislation provides for a gradual phasing-out of existing restrictions on the enrichment of foreign uranium for domestic use which is consistent with the principles of free and fair trade between the United States and Canada; and
WHEREAS, the proposed U.S.-Canadian Free Trade Agreement calls for an immediate termination to U.S. enrichment restrictions on foreign uranium rather than a gradual phasing-out of those restrictions; and
WHEREAS, the inmediate end of existing enrichment restrictions would further devastate the domestic uranium industry and unfairly require domestic uranium producers to compete with Canadian producers who have benefited from subsidies and other unfair trade practices such as:
(a) requiring Canadian nuclear utilities to buy 100% Canadian uranium excluding U.S. Producers from Canadian markets;
(b) requiring Canadian nuclear utilities to buy at prices far above those offered to U.S. utilities;
(c) providing Canadian producers, who are in major part operated by federal and provincial government-owned companies, with substantial subsidies for exploration and operation activities; and
WHEREAS, the further devastation of the domestic uranium industry will displace skilled and able workers and have an adverse affect on communities located in Utah as well as the Western United States;
NOW THEREFORE BE IT RESOLVED that the San Juan County Commission opposes the proposed U.S.-Canadian Free Trade Agreement because it provides for the inmediate termination of U.S. restrictions of enrichment of foreign uranium for domestic use.
Conmissioner Bailey made a motion to adopt the resolution. Conmissioner Maryboy seconded the motion. UNANIMOUS.
State Tax Conmission - Commissioner Black read a copy of rule changes of the State Tax Commission that was enacted by the last Legislature in a tax recodification. It states: As part of the tax code recodification, the general session of the 1987 Utah Legislature passed a bill providing for uniform tax penalties for failure to file tax returns, failure to pay tax due, and failure to file information returns or supporting schedules. The effective date for uniform tax penalties is retroactive to January 1, 1987. Those penalties are:
1. Failure to file a refund return within 90 days of the due date is the amount of the refund up to $50.
2. Failure to send in a return saying you don't owe any tax by the due date is $50. Commiissioner Black feels the legislators did not know this was a part of the passed legislation and
will asked Representative David Adams to have it amended.
Blue Ribbon Newspaper - Commissioner Black stated that the Blue Ribbon Newspaper is one of the best publications, best articles, best editorials on multiple use. The editorial in the current edition is on "Motorized recreation doesn't exist in Wilderness". Another article told of a once thriving county in North Carolina that was confiscated for expansion of a national park.
COMMISSIONER KENNETH BAILEY'S REPORT
Copper Canyon Road - Commissioner Bailey reported that County Engineer Doug Pehrson has talked with UDOT
representatives on the Copper Canyon Road. Commissioner Bailey will write a letter to Frank Ulrich
requesting that he spend a day with Mr. Pehrson at the Copper Canyon area looking at the channel changes
needed.
Variance Request - Road Foreman Merz Hugentobler recommended that the variance be granted to Robert Knight
on the County road in the Mi Vida mine area going to Rio Algom. Commissioner Black indicated a letter
needs to be written to Sam Taylor stating speed restrictions of 35 MPH will be imposed on the road to
prevent road damage. The weight limit will be 58,000 lb. gross with 40,000 on the rear axle.
Subsistence Pay - Commissioner Bailey made a motion to raise the subsistence pay for crews staying on job
sites from $8 to $12 per day. Commissioner Maryboy seconded the motion. UNANIMOUS.
LaSal Forest Road - The request by Mike and Dick Shumway for County maintenance of a Forest Service road
near LaSal will be deferred until after the meeting with Forest Service representatives next week.
Monument Valley Road Shed & Yard - Commissioner Bailey is working with the San Juan School District on a
facility for use by the Road Department for fuel and storage at the Monument Valley School.
COMMISSIONER MARK MARYBOY'S REPORT
San Juan County Recreation Board Meeting - Commissioner Maryboy reported that Glen Skinner will represent Blanding City Council on the San Juan County Recreation Board. Recreation Director Eddie Allred reviewed the existing programs, which are: Junior Jazz Basketball, men's basketball, western dance class and ski trips. The two ski trips to Purgatory were very successful. Up coming programs will be youth wrestling and ladies volleyball. The board discussed increasing the fees for the swimming programs and golf courses.
A proposal from the Bluff Recreation Committee was presented and approved except for furnishing baseball gloves and backpacks. The Recreation Board felt those items should be furnished by the individuals.
Commissioner Bailey asked when the lights at Montezuma Creek were going to be installed. Mr. Allred had not reported on that but Commissioner Maryboy will check with him. The Commission request that rates for golf, swimming and other activities recommended by the Recreation Board be submitted to the Commission for approval.
Navajo Mountain Chapter - Willie Greyeyes, Navajo Mountain Chapter President is working to find funding for the survey for a road between Oljato and Navajo Mountain. Mr. Greyeyes would like copies of any preliminary studies the County has made on the area.
Trash Barrels - The Bluff citizens would like the County to install trash cans by the spring at the Twin Rocks. The citizens will be responsible for taking care of the trash. The road department will fix two or three barrels for the area.
Bluff Roads - The road department is digging the trenches alongside the Bluff roads to fill with gravel. The roads will also be graded and graveled while the road department is there.
TOdahaidekani Roads - The roads in the Todahaidekani area need to be grraded so the school buses can complete their runs.
UNDC Priority Roads - Commissioner Maryboy and Lester Lansing of the UNDC will meet with County Engineer Doug Pehrson and Bernal Bradford to decide the priority roads for the Reservation as soon as the Chapters get their road resolutions turned in to the UNDC.
BILLS APPROVED FOR PAYMENT
Johnny Billsie Jr. witness fees $ 20.60
Deseret Book supplies library (M) 88.21
Escalante Lumber & Supply supplies golf pro shop 86.22
R.W. Harmon & Sons, Inc. ski trip to Purgatory/3 buses 675.00
Todd Hurst refund of insurance premiums 34.81
Terry Hutchins witness fees 20.60
Logical Development Corp. dura-lite 103.45
Long Bros. Shop services road department 2,235.00
Utah State Retirement Fund replaces voided check #18181 14,367.80
NW Transport Service, Inc. antenna C100 35.00
Oljato Chapter emergency diesel/Douglas Mesa residents 120.88
Tierre Patterson refund of vision & dental ins. premium 43.89
Regent Book Co. supplies library (M) 42.49
Reading Resources, Inc. supplies library (M) 309.29
San Juan Hospital operating transfer 10,000.00
Star Distributing supplies courthouse 32.25
State Library, Interlibrary loan supplies library (M) 30.00
Utah Higher Education Assistance Authority Harrison Hutchins 200.00
Utah Local Government Ins. Trust life insurance prom. Hurst/Patterson 18.25
Zion Book Store, Inc. supplies library (B&M) 96.67
Anderson and Anderson tax litigation case 11,036.79
Richard M. Bailey travel to SLC for comm. 70.00
Baker Sanitation Blanding Branch service road department 15.00
Nicky Black hauling road department 435.50
Blanding City of utilities library (B) 511.37
Blanding City Justice Court s.o. collections 710.00
Bluff Water & Sewer Users Assn utilities Bluff bldg. 10.40
Continental Tele. Co. of the West charges for repairs 85.00
Continental Tele Co. of the West telephone charges county 744.97
Empire Electric Assoc. Inc. utilities courthouse 1,498.47
Equitable Life Assurance Soc. replace voided check #18175 3,260.46
Four Corners Reg' Care Center meals served Jan. 1988 177.00
Frito-Lay, Inc. supplies vending machine 7.86
Halliday, Mike witness fees 14.00
Horsehead Hardware supplies courthouse 2.82
Humphreys, Peggy travel expenses 210.21
Wesley L. Hunt Company supplies commissioners 2,062.50
Howard Johnsons LaRay Alexander 78.00
K & C Store gas for fire control 53.83
Maycom Telematics Co., Inc. repairs on tele, printer 143.00
Monticello City Justice/Peace s.o. collections 200.00
Monticello City of expenditures Jul-Dec 7,382.33
Monticello Mercantile ladder golf pro shop 20.00
Motor Parts Pro Mart Home Center suplies golf pro shop 61.92
National Association of Counties membership fees 265.00
Nelson, Jay service Bluff Community Center 957.00
Office Outpost supplies purchasing department 461.62
Petrolane Gas Service propane for library (B) 867.34
The Reliable Company supplies emergency srvice 71.62
Kevin R. Rhoades dance classes (B) & (M) 270.00
San Juan County wildlife collection fees ' 45.00
San Juan County Hospital meals served for Jan. 1988 306.00
San Juan County Library (B) petty cash 55.17
San Juan Health Care Services oper.trans.capitol.request 66,713.59
The San Juan Record supplies J.P. office 88.10
Scenic Aviation service road department 172.16
Sorbus IBM printer 280.06
Holly Tatnall travel expenses 39.46
United States Postal Service postage justice of peace 66.00
Utah Local Gov't Ins. Trust county insurance 17,096.29
Utah Power & Light Company . utilities LaSal Fire St. 264.27
Utah State Retirement Board Dist. Crt. Judges Retire. Jan. 55.00
Utah State Treasurer total collected for state 612.50
Utah State Treasurer collections for January 1,538.00
Utah Weed Control Association registration weed control 15.00
Wheeler Machinery Company parts road department 358.11
White Mesa Ute Council meals served January 1988 317.50
Mike Young Incorporated parts road department
Adjourned; There being no further business the meeting adjourned at 2:30 p.m.
Calvin Black, Chairman Merna C. Johnson, Deputy Clerk