SAN JUAN COUNTY COMMISSION MEETING MARCH 13, 1989 The regular meeting of the San Juan County Commission commenced at 10:00 A.M. at the San Juan County Courthouse at Monticello, Utah. Present: Calvin Black, Chairman Mark Maryboy, Vice Chairman Tyron Lewis, Commissioner Richard Bailey, Administrative Assistant Merna Johnson, Deputy Clerk A motion to approve the minutes of February 13, 1989 as corrected was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. COMMISSIONER CALVIN BLACK'S REPORT Motor Vehicle Transactions/Rate Increase A letter has been received from Clyde R. Nichols. Jr., executive Director of the Utah State Tax Commission stating that all motor vehicle transaction rates in the counties have been increased ny 15 cents, retroactive to January 1, 1989. Sheriff's Department Payroll Audit A letter has been received from County Clerk Gail Johnson indicating that an audit of all San Juan County Sheriff's Office employees' leave times and payroll records has been completed. There were no apparent and purposeful abuses uncovered other that those already addressed by the Commission and the Sheriff. Mrs. Johnson recommended that some of the absence reporting and time sheet procedures be modified and simplified to give more control and provide a better audit trail. The Sheriff was receptive to these changes and has implemented them. Substance Abuse Authority Youth Council A letter from Governor Norman H. Bangerter states that the structure of the council of the Substance Abuse Authority has been reorganized. The new council will be made up of one individual from each of the high school grades from each school district in the state. After the initial appointments are made, the commission would need to make new appointments only on an annual basis from the 10th grade for a three year term. They would also like to have one adult from each school district and one adult from each district PTA work with the Prevention Specialists and the youth. Administrative Assistant Richard Bailey will call Superintendent Hal Jensen and get recommendations for these positions. Building Permits/Goldman Letter A copy of a letter from Rosalie Goldman to Governor Norman H. Bangerter and a copy of his response to Ms. Goldman was received by the Commission. Commissioner Black drafted a letter to Ms. Goldman explaining the County's position of allowing an individual to build whatever they want on their property as long as they comply with required building codes. USACCC Dues Committee Commissioner Black reported that the Utah Association of Counties has appointed a committee, chaired by Commissioner Jim White, to make recommendations regarding a revision in the UAC dues formula and the possible separation of PILT assessments. Brent Gardner, UAC Executive Director, has requested comments on the issues prior to the committee's meeting on March 17. Commissioner Black has prepared the following letter in response to Mr. Gardner's request: Dear Brent: This letter is in response to your memo of February 28, 1989 with respect for input concerning a revision of the UAC formula. my response is directly related the question you raised as follows: 1. There is no doubt that the .75% of the equivalent of PILT payments made by counties should be separates and used exclusively for public land issues. This is exactly what the counties paid it into in the first place and no authority was ever given by the counties to make it otherwise. As I have indicated to you and others, it is my opinion that no person, board, or entity of any kind has any authority to do anything with this money other than what the individual counties decide. 2. Because a mistake was made, UAC dues should be increased and/or UAC budget cut, to make UAC operate under the regular dues structure which is based 50% on population and 50% on assessed valuation with a variance for Salt Lake County. 3. Presently valuation and population are the factors with a 50% weighing for each. During the past years may have thought that funding on a strictly population basis when funds from federal or state sources was the "fair" way to go. Perhaps it should follow that UAC dues should be based on that factor alone. 4. With respect to payments made under protest and taxes not paid, it would appear the dues paid based on collection with additional paid as collected later as taxing districts are paid. If payments are made under protest and can be spent, dues should be paid, but if the protest is validated and the money has to be refunded, it could be deducted in future years from the assessed dues as it is done with taxing districts. I hope this problem can be resolved and UAC can become even stronger and more effective. Very truly yours, /s/ Calvin Black, Chairman San Juan County Commissioner Halls Crossing Airport Commissioner Black met with the Congressional Delegation, Secretary of the Interior Manuel Lujan, Jr., and a representative of the Federal Aviation Administration in Washington, D.C. to discuss the Halls Crossing Airport and the problems with the National Park Service and their restrictions on the project. The Congressional Delegation was very direct and firm in wanting to get the problems resolved and the airport funded in this fiscal year. The FAA is willing to proceed if the NPS is willing to give the County sufficient land interest and also of the NPS will ease their restrictions to make the project feasible. Secretary Lujan said he would work towards resolving the problems so that the project can proceed. The group also discussed the Lake Powell Land Exchange. Commissioner Black urged them to introduce legislation to accomplish exchange. Western Interstate Region Meeting Commissioner Black stated that he attended the Western Interstate Region Board Meeting. It was reported that Interior Secretary Lujan is committed to fully fund the resource payments to state and local governments. That refers to the gross versus net issue and the appropriation for the payment in lieu of taxes. There is still an effort through the administration to take the fire fighting funds out of that but the delegation felt that could be stopped. Legislation has been introduced to add fish and wildlife lands to the PILT funding and an effort to h=make PILT an entitlement so it doesn't have to be appropriated every year. The California Desert Bill has been introduced by Cranston which will make about 4 million acres of new parks and wilderness in Southern California. And they are still trying to pass the American Heritage Trust Fund of a billion dollars a year to be used fir buying private lands. Mr. Black mentioned that the National Association of Counties has been supporting the American Heritage Trust Fund bill. The resolution supporting that bull has changed to conation the following limitations: 1) To allow counties to develop facilities and help maintain facilities not just buy land for new facilities; 2) Land couldn't be purchased without the approval of the local government; 3) No funding for private agencies. The wilderness issue was also discussed. Commissioner Black asked that Congressman Hansen and Congressman Nielsen sponsor a bill establishing between 500,000 and 600,000 acres as wilderness areas. Congressman Nielsen's staff would like some detailed maps od the Wilderness Study Areas. Commissioner Black reviewed the areas that the County would like to be taken out with Mr. Nielsen's staff. Administrative Assistant Richard Bailey was asked to contact the BLM and obtain detailed maps that show the Wilderness Study Areas so they can be marked with the Counties recommendations and sent to Congressman Nielsen as soon as possible. Mr. Nielsen indicated that certain areas also have shown potential for oil drilling and he would like to have the Mancos Mesa area deleted from the study areas also. Utah Mining Association Commissioner Black stated that he had received as copy of a letter from Jack Christensen of the Utah Association in which he says there will be a real effort made in Congress this year to repeal the mining law. COMMISSIONER MARK MARYBOY'S REPORT Aneth Chapter Meeting Commissioner Maryboy reported that he attended the Aneth Chapter Meeting last week. The Chapter would like to draw down $500 of the $3,000 allocated to the Montezuma Creek area to build a basketball court in Hatch. The money will be used to purchase the materials and local men will be hired to do the work. The Commission said that the Chapter should get the necessary materials and have them charged to the County for payment. The Chapter will coordinate the project with Recreation Director Eddie Allred. Montezuma Creek Fire Station The Montezuma Creek fire station is requesting that radios be installed in the fire truck at Montezuma Creek. They would also like to have three or four beepers. Administrative Assistant Richard Bailey reported that the radios have already been ordered but there wasn't any funds allocated for the beepers in this years's budget. Commissioner Maryboy has requested that Mr. Bailey draft a proposal to be submitted to the Navajo Tribe requesting funds to purchase the beepers. Montezuma Creek Deputy Commissioner Maryboy said that he had talked with Sheriff Lacy and a Native American has bee approved to take the POST training and be hired as a deputy to be stationed in Montezuma Creek. COMMISSIONER TYRON LEWIS' REPORT Lloyd's Lake/Recapture Dam Maintenance Committees Commissioner Lewis has been approached by a group from Monticello concerning the two individuals to represent the County on the Lloyd's Lake Maintenance Committee. The group would like to get the committee organized and get the allocated funds so they can begin with the needed projects. Commissioner Black felt that an inter-local agency agreement needed to be drawn up for the committee. commissioner Lewis will come up with recommendations for the Lloyd's Lake committee and Commissioner Black will make recommendations for the Recapture Dam Committee. Administrative Assistant Rick Bailey will contact the Blanding and Monticello city managers to see if they will be willing to handle the funds for the committees. Multiple Use Coalition Commissioner Lewis asked the Commission for additional recommendations of groups to be represented on a County Multiple Use Coalition. Mr. Lewis felt that the Farm Bureau, cattlemen, Soil Conservation District, Petroleum and Mining Industries, Economic Development, timber, Chamber of Commerce, Water Conservancy District, Commission, Sportsmen and Wildlife Division should be represented. Commissioner Black said that a representative of UNDC should also be represented. Wildlife Coalition Commissioner Lewis said he would like representatives of the Commission, private property owners, grazing permittee owners, Forest Service, BLM, Division of Wildlife Resources, sportsmen, and the Soil Conservation District to serve on a County Wildlife Coalition. Commissioner Black felt that the individuals that are selected to serve on the coalition should not be involved with the pending lawsuit. Telephone System/Courthouse Kim Hoggard has approached Commissioner Lewis about the possibility of installing a new phone system in the courthouse. Mr. Lewis asked about the Commission hearing Mr. Hoggard's proposal to determine if it had any merit. Administrative Assistant Richard Bailey said that the County had an obligation to stay will Contel until the present problems have been worked out. At a later date the Commission may want to consider a change. Building Inspector Commissioner Lewis reported that he had been asked about the building inspector position. Administrative Assistant Richard Bailey said that he had not received all the requested information from the applicants. Mr.Bailey would also like to hold off on appointing a new building inspector until someone from the state can come down and review the requirements of the law with the Commission. ADMINISTRATIVE ASSISTANT RICHARD BAILEY'S REPORT Public Safety Building Administrative Assistant Richard Bailey presented the monthly request for the payment of $224,213.68 on the Public Safety Building. The request included $100,494.00 for Valley Builders, $1,387.68 for Desert Architects and $11,166.00 for retainage. A motion to approve the request was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Quotes have been obtained from three companies for the purchase of kitchen supplies for the Public Safety Building. Administrative Assistant Richard Bailey indicated it would save the County approximately $500 to purchase the l;ow items from each company rather than taking the total low bid for all items. A motion to approve the purchase of the low items from each company was made by Commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. Quotes have been received for jumpsuits, mattresses and linens for the Public Safety Building from two companies. Administrative Assistant Richard Bailey recommended that the low items be purchased form each company. A motion to approve the recommendation od Mr. Bailey was made by Commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. Financial Assistance/Dr. Steve Warren the Commission discussed the request for financing by Dr. Steve Warren and as inducement to remain in practice in the Monticello, San Juan County area, and to remain in practice herein for a period of years. Dr. Warren is requesting that the money be drawn down as needed rather than taking a lump sum and begin the amortization on July 1, 1989. A motion to approve a letter agreement was made by Commissioner Lewis and seconded by Commissioner maryboy. UNANIMOUS. Equal Opportunity Affirmative Action Statement Administrative Assistant Richard Bailey reviewed the change to be made in Section 5 of the County's Equal Opportunity Affirmative Action Statement. The change will bypass the hearing by the Chief Executive Officer and go directly to the Commission hearing. A motion to adopt the change was made by commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. Rural Community Fire Protection Grant Administrative Assistant Richard Bailey reported that he had applied for a rural fire protection grant this year and had received a total grant of $3,575.00. The money will go for 50% participation of hand held and mobile radios for all of the fire areas except Cedar Point. The LaSal are will receive two turnout coats and Cedar Point will receive ten wildland fire shirts. Community Development Block Grant The County has to appoint an Environmental Certifying Officer to comply with the Community Development Black Grant. As part of the contract with the AOG, Dave Weiss will be that designated officer. A motion to appoint Mr. Weiss as the Environmental Certifying Officer and authorize Administrative Assistant Rick Bailey to notify Bill Howell and the State of the appointment was made by Commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. CURRENT BUSINESS Computer Bid A motion by Commissioner Lewis authorized County Clerk Gail Johnson to sell the two mainframes owned by the County to Jim Blankenagle providing UNDC does not want them. Commissioner maryboy seconded the motion. UNANIMOUS. Grade/Step Change Request County Clerk Gail Johnson asked the Commission to approve a grade and step change for the position of the Accounts Payable Clerk and the Commission Clerk from Grade 2 to Grade 3. Mrs. Johnson has revised the job descriptions for the positions and feel the grade should be changed also. The Commission asked Administrative Assistant Rick Bailey to review the request along with a request for grade and step changes in the office personnel of the road department to be sure they are in line with the request of the courthouse personnel. Mrs. Johnson reported that she advertised to fill the position of Commission Clerk and had conducted interviews off all the applicants. She had also asked the applicants to take a typing test at the Job Service center if they had not previously taken one in the last year. After compiling al the results, Mrs. johnson recommended that Dena Hunter be hired for the position. The matter will be deferred until the Commission decides in the grade and step to be applied to the position. Bluff Airport Rent County Clerk Gail Johnson reported that the BLM is requesting that the rent in the Bluff Airport be paid five years in advance at $500. the Commission was not in favor of paying that for five years and asked Mrs. Johnson to check with the BLM to see if it could still be paid on a yearly basis. the Commission also asked Administrative Assistant Richard Bailey to write a letter to the BLM requesting authorization to purchase the property. District Court Contract for Bailiff ServicesCounty Clerk Gail Johnson said that the State will not reimburse the County for bailiff services because Sheriff Lacy has refused to sign the District Court Contract with the State. Administrative Assistant Rick Bailey will discuss the matter with Sheriff Lacy to resolve the problem. Utah Power & Light/Montezuma Creek Road Shed & Police Station Utah Power and Light representative Mike Hayes presented the Commission a contract for the line extension work to the Montezuma Creek Road Shed and the police station. The total cost of the installing the power line to the road shed was $4,600.00. The Utah Power and Light contract asked for a cash advance of $1,454.00 which is 25% refundable for consumption used and a guarantee of $900 per year for five years. there will be a $11 a month fee on the prorated bill each month. Whatever power is used over the $900 guaranteed amount would be refunded at the 25% rate off the cash amount. A motion to approve the contract and authorize Chairman Black to sign the same was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. The contract on the electrical work at the Montezuma Creek Police Station was approved at no cost to the County. The motion was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Beer License Rex Nielsen met with the Commission to obtain approval of a beer license for the Shirt Tail Junction store which he recently purchased. The license was approved on a motion by Commissioner Maryboy on the condition that Mr. Nielsen obtain the required bond and receive a recommendation from the Sheriff's Department. Commissioner Lewis seconded the motion. UNANIMOUS. Natural Gas Pipeline Consultant Lewis Waterstreet met with the Commission to obtain approval for preliminary plans for a natural gas pipeline from the Western Gas Company plant just north of the reservation to Blanding. The pipeline would use the bar ditch along the County road for most of the route. The company would obtain the necessary encroachment permit necessary for the work. Mr. Waterstreet indicated that part of the route has yet to be determined by the survey crew. Commissioner Black indicated that it has been the County policy to encourage any development in the County in the production of distribution of any natural resources. The natural gas would be beneficial to Blanding City and the County as the pipeline would be on the tax rolls. The Commission aid the agreement should include the following points: The pipeline would be placed where it would not interfere with the road and if the road ever had to be changed, the company would agree to make any changes necessary in the pipeline and to hold the County harmless. Executive Session A motion to convene an executive session to discuss road department personnel issues was made by Commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. A motion to return to the regular session of the san Juan County Commission was made by Commissioner Lewis and seconded by Commissioner Maryboy. UNANIMOUS. Cooperative Agreement/Sheriff's Department/Forest Service A motion to approve the Cooperative Agreement for Financial and Operating Plan between the Forest Service and the Sheriff's Department was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Sheriff's Department Personnel/Diane Jackson Diane Jackson met with the Commission to get a decision as to whether she can be reinstated in the Sheriff's Department of not. Commissioner Black indicated that she had her decision by not signing the agreement that had been given to her. The agreement had to be signed whether she wanted to be reinstated or not and she chose not to sign it; therefore, she would not be reinstated. Ms. Jackson said she did not sign the agreement because of all the options discussed were not included and she did not agree with the condition that she needed to repay the 40 hours indicated. She indicated that there were discrepancies in the logs where the information was obtained that was not valid and that two days had already been taken out of her pay in two different checks, one in September and again in her final check. It was pointed out to Ms. Jackson that signing the agreement would not have required her to repay any money already paid back. Utah Power & Light Utah Power and Light representative Roger Puckett met with the Commission to asked for an appointment for an attorney to discuss the WAPA lawsuit settlement. Administrative Assistant Richard Bailey indicated that the Grand County Commissioners have asked to meet with the San Juan County Commission next week and there would be a possibility that the issue could be discussed with both commissions at the same time. Mr. Puckett will try to make arrangements to meet with the Commissions next week.