SAN JUAN COUNTY COMMISSION MEETING MINUTES APRIL 2, 1990 The regular meeting of the San Juan County Commission meeting was cancelled because Commissioner Maryboy and Commissioner Black were unable to attend. Commissioner Lewis and Administrative Assistant Rick Bailey gave information but no action was taken. Also present was County Clerk Gail Johnson. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Administrative Assistant Rick Bailey reported that he had prepared two letters to the National Park Service and Ampol Exploration at the request of Commissioner Black regarding the county road access at Farley's in the White Canyon area. The letters were prepared for Commissioner Lewis' signature. The text of the letters is included herewith. April 2, 1990 Mr. John A. Brooks Petroleum Engineer Ampol Exploration 1225 17th Street, Suite 3000 Denver, Colorado 80202 Dear Mr. Brooks: San Juan County is in receipt of a letter dated March 02, 1990, from Mr. John Lancaster, Superintendent of the Glen Canyon Recreational Area in regards to your request of that agency for a permit to access Farley Canyon. In that letter, Mr. Lancaster has rejected your request. Please be advised that this particular road is on the San Juan County Class B Road System. This road was a county road before the recreational area was created by Congress and is granted to San Juan County under RS2477. This road is controlled by San Juan County and not the National Park Service. Please be advised that San Juan County gives your company any and all authorization needed to access this road to obtain your water for your project. Please be advised that the County intends to provide your company access and if needed will provide police escort into Farley Canyon. We will uphold our rights given under RS2477 and the State of Utah Class B. Road system. If you have further questions, please feel free to contact me or our administrative assistant, Mr. Rick Bailey. Very truly, The San Juan County Commission Ty Lewis, Chairman CC: Senator E.J. (Jake) Garn Senator Orrin Hatch Congressman Howard Nielson Congressman James Hansen Governor Norman Bangerter Utah Dept. of Transportation Eugene Finley, Executive Director Sam Taylor, Chairman-Road Commission Steve Noble, District Four Representative David Adams Bureau of Land Management San Juan Area Office Moab District Office Utah State Office April 02, 1990 Mr. John O. Lancaster, Superintendent Glen Canyon National Recreation Area P.O. Box 1507 Page, Arizona 86040 Dear Mr. Lancaster: San Juan County has received a copy of a letter dated March 02, 1990 that you had written to Ampol Exploration rejecting their request for access into Farley Canyon. We take exception to your letter in which you indicated that the National Park Service controls the road into Farley Canyon. This road, which was the original part of U-95, has been on the County B road system before the creation of the National Recreation Area. The county claims right to the road under RS2477 and has sufficient documentation to claim such. Additionally, Commissioner Calvin Black spoke with the assistant superintendent, Larry May several months ago, about this particular issue. Mr. May indicated at the time, he was unaware that anyone had denied or would deny access, to Ampol. He also indicated that he was aware that this was a county road and that the Park Service could not required their permits on such a road. Commissioner Black also indicated that the County would do anything necessary, including police escort to assure Ampol access on this road. We now have received your letter indicating that you have denied access to this company. Once again, we strongly stated, that this is a road under the control and operation of San Juan County under federal statute, RS2477; and the State of Utah. This right is precedent to the recreation area. San Juan County fully intends to honor this right, to whatever extremes are necessary. This would include police escort if necessary. Please be advised that we have granted Ampol the right to access this road for their purposes and will uphold this right. Sincerely, The San Juan County Commission Ty Lewis, Chairman CC: Senator E.J. (Jake) Garn Senator Orrin Hatch Congressman Howard Nielson Congressman James Hansen Governor Norman Bangerter Representative David Adams Utah Department of Transportation Eugene Finley, Executive Director Sam Taylor, Chairman-Road Commission Steve Noble, District Four Director Bureau of Land Management San Juan Area Office Moab District Office Utah State Office Ampol Exploration Administrative Assistant Rick Bailey reported that he had talked with Jim Parker, Utah Director of the Bureau of Land Management, and Bob Weidner in Sen. Garn's office regarding the $59,000 billing for the transfer of land for the Halls Crossing Airport. Evidently, the billing is proper unless Secretary Lujan changes his position. According to Mr. Parker, all the BLM needs is a commitment that the money will be paid rather than have the money paid up front. The FAA needs documentation before they can proceed. The FAA is to reimburse 91% of the cost; the county 4 1/2%; and the State Division of Aeronautics 4 1/2%. Sen. Garn and Secretary Lujan are to meet on Wednesday of this week. Rick Bailey reported that he will be traveling to Salt Lake City on Wednesday of this week to meet with the State Impact Board. The Transportation District is on their agenda for $3 million and the Edge of the Cedars Expansion is on the agenda for the $1 million that was appropriated by the legislature. The State Parks are requesting $250,000 of this $1 million for a Mountain Meadow Massacre Monument. Other funding requests are coming in for this $1 million as well. Commissioner Lewis commented that he will get in touch with Representative Adams and have him talk to Alice Shearer on the Impact Board to be sure that the agenda item for the Edge of the Cedars Expansion is not lost to these other requests. Administrative Assistant Rick Bailey reported that he had followed up on complaints from some road employees. As to the medical claims not being paid, Rick reported that it had nothing to do with the county changing insurance companies in December of 1988. The problem is that the bills were late in being submitted by the hospital. No insurance company will honor a bill after 1 year. Since the hospital billings were late, sometimes a year or more, the insurance company rejected the claims. If the county were to pay these claims for county employees, the county would also have to pay for other individuals who experienced the same trouble. Commissioner Lewis said that he would mention to Larry Putnam at the hospital that when LHS assumed the accounts receivables at the time they took over, they assumed these claims. When Mr. Putnam arrived at the Commission meeting for other business, this was explained to him. He said that he understood and that LHS had, in fact, written off many of these claims that were not billed timely. As to death leave, it was suggested that an employee be given up to three days death leave at their discretion rather than have the department head determine how much of the three days the employee could take. As to work hours, it was suggested that anything over 40 hours in a week would be overtime, even if an employee took a personal day the first of the week and then had to be called out on the week end. County Recorder Louise Jones asked Administrative Assistant Rick Bailey to check into the possibility of having permanent part-time employees being given pro-rated benefits. She is having trouble keeping part-time employees because their are no vacation or sick leave benefits, etc. COMMISSIONER TY LEWIS' REPORT Commissioner Lewis reported that he had attended a San Juan County Fair Board meeting this past week. They have volunteer work days all lined out. Commissioner Lewis also reported that he attended the Big Game meeting at the Monticello Elementary School last Wednesday evening. The Fish & Game is going to have an elk hunt of 5 bull elk in two different areas due to the drought conditions. Landowners will be given permits for the elk hunt in the Ucolo area and they can sell their permits and still be able to control the hunters on their private lands. The other fiver permits wioll be sold to the general public on Blue Mountian. Commissioner Lewis reported that many permittees on the public lands would prefer to have the DWR put more into forage programs, especially in those areas where they introduce new game species. Commissioner Lewis requested that the Clerk mail copies of the Interagency Agreement regarding the combined Visitor Center to Commissioner Black and Commissioner Maryboy. Commissioner Lewis had received a letter from the health department outlining 18 problem areas. Comments are to be received by 4-20-90. This was given to Rick Bailey to handle. PEARL BLACK TAX DEED-QUIET TITLE ACTION F. Bennion Redd presented a Quit-Claim Deed and Assignment of Public Welfare Lien Agreement on a piece of property that once belonged to Pearl Black and was later deeded to the welfare department. Terrill Slade now has the property but there is still a cloud on the title due to the deed given by the county to the welfare department. Mr. Redd is doing a Quiet Title Action in Court to obtain clear title and requested that the county sign this deed in an effort to accomplish this. Commissioner Lewis indicated he did not see a problem, but would defer action until next week when there would be a quorum of commissioners present to handle any formal action. BLANDING PRISONERS AND JAIL REIMBURSEMENT City councilman Don Palmer and Officer Mike Halliday from the City of Blanding met with Commissioner Lewis to explain their position on jailing fees for Blanding prisoners in the Public Safety Building. Sheriff Claude Lacy, Jail Administrator Bill Christensen and County Attorney Craig Halls also were a part of the discussion. Councilman Palmer explained that at last Wednesday's city council meeting Sheriff Lacy reported that as far as he was concerned Blanding did not need to pay for their prisoners in the county jail because there were enough state prisoners to pay for the cost of the jail. In an Interlocal Agreement of last year, it was decided that the booking fee should be $5 and the prisoner daily rate should be $6. Councilman Palmer said that no one on the city council, city administrator, or city mayor had seen the agreement before Sheriff Lacy presented it last Wednesday. Evidently, last year when the agreement was verbally negotiated, a draft was sent out but was not followed up on by either the city of the county. Councilman Palmer said he would just as soon only pay the booking fee and pay no jail costs, but if jail costs are charged, then they should be for the first day only, and not for the second day if the prisoner is released. This seems to have been a problem. Deputy Christensen said that there may have been some errors made in the billing for Blanding as they should not have been charged a second day if the prisoner was released in the a.m. of the second day. Commissioner Lewis said that personally he was not willing to renegotiate a jail agreement with the cities since they had already done that less than one year ago. He recommended that if there were problems in the billing, then the City of Blanding and the Sheriff Office should get together and correct those invoices. Councilman Palmer indicated that he did not feel that Blanding should have to police each billing from the Sheriff's Office. Office Halliday felt that the county should charge for the day the prisoner is brought to the jail but then not charged for an additional day if the prisoner is released by 10 a.m. This was acceptable to everyone. Officer Halliday also mentioned that he had a problem in the agreement wherein medical responsibilities are addressed and the right to refuse prisoners is addressed. It was suggested that a reference needs to be made in the agreement to the Utah Jail Standards as it pertains to right to refuse a prisoner. Commissioner Lewis asked Councilman Palmer and Officer Halliday to work over the agreement and get back to the commission with their requests. BLANDING CITY ROAD DEED Councilman Palmer mentioned that the ]Blanding City Planner had run across some questions on some road right- of-ways being deeded. He was told to get in contact with County Surveyor Doug Pehrson to work this out. AUDITOR'S TAX DEED OF 1927 County Attorney Craig Halls brought a request from Attorney Robert Anderson for a Quit Claim Deed from the County to Foushee's in Bluff. Mr. Anderson is trying to clear title to the land for Foushee's and finds there are some deeds not recorded in the title chain. Attorney Halls recommended that the county sign the Quit Claim deed next week when formal action can be taken by the commission on this issue. HOSPITAL LOAN OF $100,000 Larry Putnam, San Juan County Hospital Administrator, reported to Commissioner Lewis that the hospital is funding repayment of the $100,000 loan from the county to the hospital into an account at First Security Bank. They are unable to make payments on the loan until their tax anticipation notes are paid and the bond counsel has required that the loan from the county be subordinate to the tax anticipation notes. Mr. Putnam assured Commissioner Lewis that the loan will be paid and is being funded by the hospital. Deliquent and old accounts were discussed and Mr. Putnam said that anyone with a problem could come and see him. GRAVEL ON MARY JONES PELT LAND Jake Pelt, Mary J. Pelt and Lucinda Pelt inquired as to the shale being take from their land. Commissioner Lewis resolved the situation with them. Engineer Doug Pehrson is to go down and meet with the Pelts and discuss the shale problems. The Pelts thought that the County was paying someone else for the use of the shale. When it was explained that the County was not paying for the shale the Pelt's were in agreement on the shale usage. COUNTY ASSESSOR BRUCE BUNKER-SUBDIVISION ORDINANCE County Assessor Bruce Bunker reported to Commissioner Lewis that there is a problem in the zoning of the county where subdivisions are concerned. It was suggested that a zoning committee be formed to address the need for a county subdivision ordinance and updating the current county zoning ordinance. It was suggested that the committee include Assessor Bruce Bunker, Surveyor Doug Pehrson, Recorder Louise Jones, and Administrative Assistant Rick Bailey. BILLS APPROVED FOR PAYMENT Attorney General's Office Ester Begay restitution $ 25.00 Basin Motor Company parts/labor fire control 84.77 Louise Berensen commodity distribution 15.00 David Blackner restitution Norman Billsie 50.00 Preston Blake commodity distribution 25.00 CPL Systems parts road dept. 1738.71 Annie Cantsee commodity distribution 10.00 Bustin Hydraulics Inc. parts road dept. 30.28 Heaton's Custom Cabinets repair/replace JP Courtroom 3260.00 Intermountian Coach COD fender aging dept. 107.11 Light Impressions Corp. photo mounting supplies 109.59 James Lyman commodity distribution 25.00 Lillie Maryboy commodity distribution 15.00 Paula B. Maryboy commodity distribution 15.00 J.W. Nelson Construction Co. supplies PSB & Courthouse 149.00 New England Interstate Water Polution video tape 30.00 Zion's First National Banl San Juan equip.lease 60100.00 AFSCME liab. from payroll run 167.20 Colonial Life & Accident Ins. liab. from payroll run 337.41 Equitable Life Assurance liab from payroll run 3117.76 First Security Bank of Utah liab. from payroll run 36240.83 Mountian America Credit Union liab. from payroll run 8553.42 Provident Life & Accident liab. from payroll run 138.00 San Juan County Section 125 liab. from payroll run 1036.00 San Juan Credit Union liab. from payroll run 1220.05 Utah State Retirement Board liab. from p[ayroll run 829.32 Utah State Retirement Fund liab. from payroll run 20425.53 Utah State Tax Commission liab. from payroll run 4840.60 Abajo Electric supplies courthouse 75.00 Alan's Body Shop windshields road dept. 379.50 AT&T main. contract PSB 77.00 Baker Sanitation scvs Courthouse 50.00 Blanding City of utilities road dept. 343.28 Blanding City Justice Court s.o. collections 75.00 Blue Mountian Music supplies clerk 125.95 Tony Brandt travel road dept. 24.00 Ruby Bronson travel aging 37.40 Cate Equipment Co. parts road dept. 61.81 Caun-Co., Inc. parts road dept. 394.14 Cedar Mesa Products special pot courthouse 85.00 Century parts road dept. 120.40 Chief Propane propane road dept. 121.00 M.V. Christensen haulage 616.00 Communications Plus cable PSB 89.00 Conoco Incorprated gas road dept. 15.30 Continental Telephone Comapny phone road dept. 1952.07 Rudolph Cook travelk sheriff 93.00 Cortez Diesel Sales, Inc. parts/labor road dept. 92.49 Cortez Glass Company supplies road dept. 83.05 First Security Bank of Utah Dan Black rest: 100.00 Four Corners Welding supplies road dept. 38.35 The G Marketing Copmpany parts road dept. 43.40 Global Computer Supplies workstation computer 327.44 W.W. Grainger parts road dept. 99.11 Grand Tire Company supplies road dept. 192.12 Gus Paulos Cheverolet, Inc. parts road dept. 214.59 Hafer's Inc. parts road dept. 40.61 Colleen Harvey meals aging dept. 1875.25 Wesley L Hunt Company supplies communication 696.00 Howard Johnsons travel commission/aging 180.00 K&C Trading Post gas recreation 3.58 Max Ksiazkiewicz travel road dept. 12.00 Lawson Products, Inc. parts road dept. 236.79 Ty Lewis expense commission 140.68 Light Impressions photo historical hist. 255.87 Long Canyon Studios develop photos historical 274.75 Low's Auto Parts parts road dept. 183.96 F.H. Miller Jr. supplies road dept. 122.63 Kenneth Miller haulage 770.00 Monsen Engineering Co. supplies recorder 67.90 Monticello City of utilities golf course 295.00 Monticello City Justice of the Peace s.o. collections 150.00 Montiocello Mercantile supplies golf course 39.72 Newby-Holt Oil Co. diesel road dept. 9249.57 No. 1 Performance Products parts road dept. 64.23 Office Outpost supplies attorney 25.75 Palmer's supplies historical 20.94 Prentice-Hall, Inc. booklets clerk 117.31 Provo Excelsior Hotel travel extension 247.50 Quill Corp. supplies purchasing 209.06 San Juan Record supplies road dept. 157.80 Schafer Auto forklift work/aging 35.00 Sears-Monticello Agency parts road dept. 267.02 Dayne Shumway Enterprises haulage 789.25 Snap-On Tools Corp. parts road dept. 16.70 Software Systems, Inc. telephone support 40.00 Spartan Jeep/Eagle, Inc. parts road dept. 66.16 Bessie J. Spencer meals aging 1007.50 Holly Tatnall travel extension 55.44 Trans-American Insurance rest:Clayton 65.49 United States Welding, Inc. supplies road dept. 215.98 Utah Power & Light utilities fire control 102.27 Utah's Canyonlands ad trsavel council 48.72 Veralex, Incorporated feb 90 billing 10.00 Wheeler machinery Company parts road dept. 65.86 Mike Young Incorporated part road dept. 85.85 Ty Lewis, Chairman Gail D. Johnson, Clerk