SAN JUAN COUNTY COMMISSION MAY 1, 1989 The regular meeting of the San Juan County Commission was held at the San Juan County Courthouse in Monticello, Utah at 10:00 a.m. Present:Calvin Black Chairman Mark Maryboy Vice Chairman Tyron Lewis Commissioner Rick Bailey Administrative Assistant Dena Hunter Deputy Clerk A motion to approve the minutes of the April 24, 1989, as corrected was made by Mark Maryboy. Second by Tyron Lewis. Unanimous. CURRENT BUSINESS Monticello Cemetery District Darroll Young asked the commission if it would be possible to have the county put a seal coat on the cemetery roads. The commission stated that the county cannot legally do work for others than the cities for less that a private contractor would charge. The matter was turned over to County Attorney Craig Halls. WAPA Settlement A resolution authorizing settlement of the WAPA lawsuit was presented to the commission by Gail Johnson Clerk/Auditor. The motion to approve the signing was made by Commissioner Lewis. Second by Commissioner Maryboy. Unanimous. Resolution No. 1989-3 A RESOLUTION AUTHORIZING SETTLEMENT OF LEGAL ACTION AGAINST THE WESTERN AREA POWER ADMINISTRATION, AMONG OTHERS WHEREAS, on or about October 30, 1986, utah Power & Light Company ("UP&L") and 156 cities, counties, and towns in Utah and Wyoming filed an action (the"Lawsuit") in federal district court against the Western Area Power Administration ("WAPA"), among others, challenging the lawfulness of WAPA's allocation of inexpensive federal hydroelectric power exclusively to municipalities which own their own distribution system pursuant to "preference" laws and otherwise claiming that WAPA's federal power purchasing and marketing activities are beyond WAPA's legal authority and ar contrary to federal environmental laws; and WHEREAS, on April 14, 1988, Judge Greene entered judgement in favor of WAPA, ruling that WAPA's power allocations under "preference" laws and other purchasing and marketing activities are lawful, but that the environmental claims should be resolved at trial; and WHEREAS, UP&L, WAPA and the Colorado River Energy Distributor's Association, an intervenor in the Lawsuit ("CREDA"), have reached a tentative settlement agreement ("Settlement Agreement"), a copy of which is attached as Appendix "A"; and WHEREAS, The County is a party to the settlement by virtue of its participation as a plaintiff in the Lawsuit of by having authorized UP&L, among other things, to act on its behalf in connection with an application for Colorado River Storage Project power; and WHEREAS, the Board of County Commissioners (the "Board") had reviewed the Settlement Agreement and authorized its approval in substantially the form attached as Appendix "B", and, as contemplated by the Settlement Agreement, authorizes UP&L to execute the Settlement Agreement on behalf of the County; and WHEREAS, the Board understands that the settlement constitutes a compromise of claims in the Lawsuit which may result in a financial benefit to the residential and irrigation electrical residents of the County; and WHEREAS, the Board understands that under certain conditions the financial benefits under the Settlement Agreement may be reduced or terminated; and WHEREAS, the Board understands that the Settlement Agreement imposes certain restrictions upon County, including, but not limited to a prohibition against raising the same or similar issues in the Lawsuit in any other legal action in the future, and from characterizing any financial benefits from the Settlement Agreement as a benefit under "preference" law or as an allocation of power from the Colorado River Storage Project; and WHEREAS, the Board deems the Settlement Agreement to be in the best interest of its citizens; NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of San Juan County, Utah (the "County"), as follows: Section 1. The Board hereby authorizes and directs the Chairman of the Board and County Clerk to execute the approval attached as Appendix B (which may be attached to the Settlement Agreement), and as contemplated by the Settlement Agreement, authorizes an officer of Utah Power & Light Company to execute the Settlement Agreement on behalf of the County, to terminate the Settlement Agreement, if Utah Power & Light Company deems it appropriate pursuant to paragraph 3 of the Settlement Agreement, and to make minor, non-substantive changes (or substantive changes if beneficial to the County and the Chairman of the Board and County Clerk approve) to the Settlement Agreement. Section 2. The Chairman of the Board and County Clerk and such other officers, agents and employees of the County are hereby authorizes and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Settlement Agreement. Section 3. Immediately after its adoption, this resolution shall be signed by the Chairman of the Board and County Clerk, shall be recorded in a book kept for that purpose and shall take immediate effect. Dr. Warren Trust Deed Gail Johnson Clerk/Auditor informed the commission that the Trust Deed on Dr. Steven Warren had not been completed. County Attorney Craig Halls will write a letter to Dr. Warren about this matter. Transportation Service District Rick Bailey ask if the problem with the Board Members for the Transportation Service District has been resolved. After a discussion it was decided that a meeting with the mayors and city managers would be held to get their input before a decision is made. State of Utah Road Funds Gail Johnson Clerk/Auditor presented a letter that she had received from Department of Transportation. The county has received $127,385.00 class B & C funds from the state. This money was appropriated from the 1989 Legislature in addition to the regular B & C funds. Road Department Bid Requests Blanding Road shop requested a 7 ton air jack and a wheel dolly. Bids were received on the air jack from Gray Automotive for $1582.70 and Snap-On-Tools for $2290.00. Bids on the air dolly were received from Gray Automotive for $732.00 and Snap-On-Tools for $909.00. A motion to accept the low bids from Gray Automotive was made by Commissioner Lewis. Second by Commissioner Maryboy. Unanimous. Road Department Salary Increases A request was made to change Ambrose Yanito from Grade 9 Step 2 to Grade 13 Step 1; effective 5/1/89. The request was made because he was hired as a laborer and is now a qualified heavy equipment operator. It was requested that Frank Benally, who was hired as temporary help and is now working as a light equipment operator, be hired full-time at Grade 10 Step 1; effective 5/1/89. Probationary increases were requested for James Haller from Grade 10 Step 1 to Grade 10 Step 2, effective 5/1/89; Lyon Hazelton from Grade 10 Step 1 to Grade 10 Step 2, effective 5/1/89; Scott Rogers from Grade 10 Step 1 to Grade 10 Step 2, effective 5/1/89. A motion to approve these changes was made by Commissioner Maryboy. Second by Commissioner Lewis. Unanimous. Supreme Court Cotton Petroleum County Attorney Craig Halls and Attorney Lyle Anderson discussed the Supreme Court decision that was made in the Cotton Petroleum Case with the commission. The decision puts the county in a more favorable position with the oil companies lawsuit. Podpechan Tax Refund Case County Attorney Craig Halls informed the commission that the attorney in the Podpechan tax refund case has sent information to him. They would like to come and meet with the commission. The information sent was given to the commission to review. RICK BAILEY ADMINISTRATIVE ASSISTANT REPORT County Building Inspector Rick Bailey presented the commission with the applications he has received. After a discussion on the new building laws it was decided that they would discuss the possibility of a joint county/cities building inspector. KUED Civic Dialogue Commissioner Black, along with some area people, will be at Bullfrog on Thursday May 4, 1989, to tape a KUED Civic Dialogue segment. The program will be on the proposed Halls Crossing airport. The debate panel will consist of Commissioner Black, Terry Martin with the National Parks Historical Association, Phil Ashbacker with the Division of Aeronautics, and a representative from the National Park Service. It will be aired May 9, 1989, at 7:00 p.m. Senior Citizen Bus Drivers Rick Bailey reported that he had four senior citizens bus drivers that are working over thirty hours per week. After a discussion it was decided that hiring some more part-time drivers instead of making the present drivers full-time employees, should be explored. COMMISSIONER TY LEWIS REPORT San Juan County Wildlife Coalition The San Juan County Wildlife Coalition met last week and decided on a name. The name will be The San Juan Natural Resource Advisory Committee. Commissioner Lewis will be the chairman. Glen Calvin Black will take Danny Shumway's place on the committee. A representative from the Navajo people will be appointed. The issue of depredation was discussed. It was decided to place baskets in some of the wheat fields in the area to see if the deer are causing a big problem to the wheat farmers. The committee will be working closely with the BLM and the DWR on their projects. The next meeting will be May 30,1989. UAC County Visit Commissioner Lewis and Rick Bailey along with the other county elected officials met with the UAC officers at the courthouse last Thursday. They reported that they were able to state some of the concerns that the county has with the UAC management and with the state. Multiple-Use Coalition Commissioner Lewis stated that the UAC would like to see a Multiple-Use Coalition set up in the county. The name of the chairman needs to be sent to Mark Walsh. This committee could help with getting public input on the wilderness issues. It was suggested that Commissioner Lewis be the chairman for this committee. Economic Development Commissioner Lewis attended the workshop that is being offered by the Economic Development Board. This workshop is to help individuals set up their own businesses. This workshop is being taught by Dixie Barsdale of Moab. COMMISSIONER MARK MARYBOY'S REPORT Montezuma Creek Police Station Commissioner Maryboy turned the keys to the Montezuma Creek Police Station to the Navajo Police in Shiprock on April 27, 1989. They will take care of the utilities and be moving in this week. Captain Lee will meet with the commissioners at a later date to discuss the law enforcement coordination. Navajo Tribal Chairman-Protem Leonard Haskie Navajo Tribal Chairman-Protem, will meet with Commissioner Maryboy in Window Rock, Arizona on Wednesday May 3, 1989. COMMISSIONER CALVIN BLACK'S REPORT State Land Sale Commissioner Black received a letter from the State Lands asking if there was any concerns or questions on the proposed land sale at the Hatch Wash area. The commission expressed no opposition. Historical Society Contribution Gail Johnson, Clerk/Auditor, sent the commission a copy of a letter she had written to LaDean Hill thanking her for a contribution to the Historical Society in behalf of Maureen Flamm. Mrs. Hill is a former Blanding resident. BILLS APPROVED FOR PAYMENT Kent Adair witness fee$ 14.00 American Linen supplies golf course 169.47 David Bowman bail refund 10.00 Bestway Products supplies courthouse 37.40 George B. Carter bail refund 45.00 Dillon Precision Products, Inc. supplies sheriff's office 13.00 Different Strokes supplies golf course 169.40 Carl Eiseman tourism conference 205.84 Four Corners Welding supplies road dept. 228.25 Gareth Stevens Media supplies library (M) 40.95 Intermountian Institute training recreation dept. 50.00 Industrial Maintenance Supplies, Inc. supplies road dept. 368.69 Midway supplies sheriff's dept. 90.50 Marsela May restitution Richard Yazzie 10.00 Our Land Society subscription emergency service 25.00 Lynn Peavy Company supplies sheriff's dept. 53.98 Simplicity Systems, Inc. supplies surveyor 608.90 American Protectors Ins. Co. payroll ded. Life ins. 85.16 Aquatech Pool & Patio Shoppe supplies recreatio 329.71 Arnold Machinery Company parts road dept. 239.49 AT&T Main. Telephone Publ 7.00 Nicky Black Haulage 1501.50 Blanding City of utilities recreation 372.49 Blue Mountian Music supplies sheriff's dept. 8.85 Stan Bonahm Company,Inc. equipment golf course 47.16 Century parts road dept. 886.96 Keith H. Chiara mileage apr 89 161.67 Continential Telephone of the West phone courthouse 1496.48 Dennis Cosby Trucking haulage 789.25 HF Cosby Jr. haulage 1540.00 L.N. Curtis and Sons fire control pub.saftey 164.20 Delwes Company, Inc. supplies library (M) 99.67 Emery Co. Communications 1st quarter users fee 150.00 Elf Ausphalt asphalt road dept. 14162.05 Empire Electric Assoc. Inc. utilities courthouse 1068.87 Frito-Lay, Inc. supplies vending 17.82 Craig C. Halls Larry Begay Garn. Apr. 245.04 Max Halls tool allowance arp 89 25.00 Hugentobler Merz W. haulage 1501.50 Humphreys, Peggy mtgs. travel econ dev 285.75 Hunter Dell J travel courthouse 123.90 Intermountian Electric supplies road dept. 237.81 The IAAO dues assessor 90.00 Int. Business Machines main ag courthouse 563.32 Jin Keyes gas expense extens. service 32.88 LBP Trucking haulage road dept. 1559.25 Low's Auto Parts supplies road dept. 683.39 Magic Chemical Co. supplies public safety 163.32 Monticello City Justice/Peace s.o. collections 90.00 Monticello City of utilities 30.50 Monticello Mercentile supplies cr vending 250.86 Motorola Incorporated Kit EMS 95.00 Office Outpost supplies purchasing 15.28 Parkway Tire Center Labor Road Dept. 22.98 Pepsi-Cola Co. supplies vending 19.10 Curtiss E. Perkins Trucking haulage 404.25 Petra Computer Services comp clean sheriff's 45.00 Petrolane Gas Service propane library (B) 751.40 Quill Corp. supplies aging 85.78 Quinlan Publishing Co. Inc Subscription EMS 45.89 Steve Regan Company spray weed & rodent 307.36 Rufina Romero cleaning sr. citizen 40.00 S-W Parts and Supply supplies road dept. 79.72 San Juan County fees dwr apr.89 163.61 S.J.C. Area Agency on Aging office expense aging 36.59 San Juan County Hospital 20% insurance claim 335.91 San Juan County Road Dept. Tony Rabbit Rest. 88c 50.00 The San Juan Record supplies clerk 113.20 Scott Machinery Company supplies road dept. 15.44 Sears-Monticello Agency supplies road dept. 86.87 Dayne Shumway Const. haulage 1540.00 Sinclair Oil Corp. gas aging dept. 11.21 Snap-On Tools supplies road dept. 76.80 Bessie J. Spencer H D Meals aging sept. 774.00 Holly Tatnell expenses reim. extension 179.90 Texaco Refining & Marketing supplies sheriff's dept. 41.37 TYri-Arc Hotel invoices 17096-97 40.00 United States Welding, Inc. supplies road dept. 43.16 Utah Gas Service gas Courthouse 1486.72 Utah Local Gov't Ins. Trust TJ Patterson Life Ins. 21.58 Utah State Information Systems job proc. sheriff's 56.37 Utah State Treasurer fees district Ct. Apr. 656.20 Utah State Treasurer fees circuit court 1420.00 Utah State Treasurer Vict reparation JP c 4559.00 Steven E. Warren M.D. Kind P E Sheriff's Dept. 133.00 West Publishing Company subscription attorney 86.50 Wheeler Machinery Company parts road dept. 748.80 Xerox Corporation supplies non-departmental 598.00 Meeting Adjourned As there was no further business the meeting adjourned at 1:50 p.m. Calvin Black, Chairman Dena Hunter, Deputy Clerk