SAN JUAN COUNTY COMMISSION METING MINUTES April 8, 1991 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the commission chambers at Monticello, Utah. Present: Ty Lewis, Chairman Mark Maryboy, Vice Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant Dena Hunter, Deputy Clerk A motion to approve the minutes of the April 1, 1991 meeting as written was made by Commissioner Redd and seconded by Commissioner Lewis. UNANIMOUS. CURRENT BUSINESS Utah State Tax Commission Mike Monsen of the State Tax Commission met with the Commission to discuss Chuska Energy. Mr. Monsen said the State Tax Commission is piggy-backing on all litigation involving Chuska Energy. There will be a hearing in Washington D.C. this week for a determination on the operating agreement that Chuska has with the Navajo Tribe. Mr. Monsen said there are several taxes that are involved in this case, property, corporate and franchise tax. The State Tax Commission has hired Attorney's Kelly Wright to handle this case. The subcontractors that have been hired by Chuska Energy are claiming that they are exempt from paying taxes because they work for Chuska Energy. Mr. Monsen said that all oil companies that have transitory personal property in the County on January 1, 1991 are required to pay the tax. A discussion was held concerning centrally assessed property. Mr. Monsen said that Mr. Bunker can review any records in the State office on centrally assessed property. San Juan County has over 80% of its property that is centrally assessed. Mr. Monsen said he felt it would be advantageous to the county to hire someone to audit centrally assessed property. The State would be willing to train this person in their offices. This would serve as a real check on what is being assessed in the county. Mr. Monsen discussed the recent decision on the Amax Company. This case ruled that the 1987 freeze on taxes was unconstitutional. This decision will change the rate on property, vehicle and boat taxes. A discussion was held concerning the boats that are stored at Hite and Halls Crossing being licensed in San Juan County instead of out-of-state. Mr. Bunker said that ARA Leisure Services is working with San Juan , Kane and Garfield County to see that the boats that they are storing are licensed in Utah. Road Change Requested Heidi Redd owner of Indian Creek Cattle Company met with the Commission to discuss the moving of the road that runs through the ranch. Ms. Redd said she has been overwhelmed with tourists using this road. Ms. Redd said there have been numerous tools and other items taken. County Engineer Doug Pehrson said the agreement that Ms. Redd signed with the County to use water to work on the Lower Hart Draw Road states the road will be changed after the Hart Draw Project is completed. The Hart Draw road could be finished this year if there is enough water to do the work. Ms. Redd said she has found a place where she feels the road could go and eliminate crossing the Cottonwood and Indian Creek more than once. Mr. Pehrson said that Bill Head , former foreman of the Indian Creek Cattle Company, had shown him where there was a crossing that was next to an existing road. Mr. Pehrson said the archeology and the right-of-way for this road will be done this summer. Mr. Pehrson will see Ms. Redd next time he is out that way so she can show him the road she was talking about. State History Contracts The contract with Division of State History for the Historical Commission was presented for the approval and signature of the Commission. This contract is in the amount of $4067. A motion to approve this contract and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Sheriff Office Computer System The Computer Software Support Agreement with Spillman Data Systems for the computer at the Sheriff Department was presented for the approval and signature of the Commission. A motion to approve the agreement and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Blanding City/Recreation Service District Blanding City Manager Norman Johnson, Councilmen Jim Slavens and Keele Johnson and White Mesa Ute Council Director Cleal Bradford met with the Commission to discuss setting a Special Services District for Commission District #2. This proposed Service District would be a non-taxing district. The funding for this district would come from the recreation funds generated by the Recreation Trust for the Commission District and the funds from the other enities involved. A five member board would be set up with one representative from the City, School District, White Mesa, CEU and the County. The group was advised that a petition would need to be signed by 10% of the property owners or registered voters within the proposed district. A boundary legal description would also be needed. Mr. Slavens asked if County Attorney Craig Halls could draw up the petition and boundary description so that they could begin collecting signatures. The Commission had no objection to Mr. Halls working on this matter. Norman Johnson asked about the lease status of the Blanding rodeo grounds. The Commission turned their lease on the rodeo grounds back to the American Legion. Mr. Johnson said Blanding would like to start having rodeos in connection with the Fourth of July celebration and asked if the County still had the funds that were budgeted in the past for this project. The Commission said nothing had been budgeted this year for this project. Blanding City will trace down who owns the property and if there is an existing lease on the rodeo grounds. Keele Johnson asked about the possibility of Blanding City using the County snowmobiles to check the tunnel in the winter. This matter will be discussed further at the next meeting. Computer Purchases/Complaint Keele Johnson expressed his concern over the purchase of computer equipment from out of the County. Mr. Johnson said he was in the Recorder's office when computers that are the kind he sells were being delivered. Mr. Johnson said he had not been contacted for a bid on these computers. Mr. Johnson was advised that the computer system was a Novell system for recording and the computers were part of this system. Mr. Johnson requested that he be contacted for bids in the future. Mr. Johnson suggested that the County adopt a differnt type of purchasing policy . Assistant Fire Warden Fire Warden Frank Morrell met with the Commission to discuss the hiring of an assistant fire warden. Mr. Morrell asked about a one dollar per hour hazardous pay being added to the wages when on actual fire fighting duty. After a discussion on this matter the request was denied. Mr. Morrell recommended that Dennis Mayer be hired at Grade 1 Step 1, $5.12 per hour; effective 5-1-91. A motion to approve this hiring was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Road Department/South Road Foreman The Commission discussed with Attorney Craig Halls the legality of restructuring the road department. Mr. Halls said he could see no legal problem with restructuring the road department. A motion to hire Lynn Laws as Southern Road Foreman at Grade 21 Step 1, $2019 per month; effective 4-15-91 was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. A discussion was held on the restructuring of the road department. A motion to change the road department to two road foreman and eliminate the position of Road Superintendent was made by Commissioner Maryboy and seconded by Commissioner Redd. UNANIMOUS. Public Hearing Community Impact Board for the remaining funding for the Emergency 911 System. No one from the public was in attendance. The Commission said they have received favorable comments from the citizens at large about the need for a Emergency 911 System in the County. A motion to support the application for this funding was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Request to Hire A letter was received from Sheriff Claude Lacy advising the Commission that Lorna Williams who was recently hired as a dispatcher has terminated. Sheriff Lacy recommended the hiring of Alan Freestone who is on the corrections roster to fill this position. Mr. Freestone has been contacted and is interested in this position. A motion to approve the recommendation was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Mr.Freestone will be hired as a part-time dispatcher at a Grade 6 Step 1, $6.21 per hour; effective 4-1-91 . Out-of-State Travel A request for out-of-state travel was presented for Deputy Tom Dyer to travel to Las Vegas, Nevada on April 2-3, 1991 to extradite a prisoner. A motion to approve this request was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Gas Purchases Wanda Franklin, Road Office Secretary, discussed with the Commission a problem with gas being purchased from retailers other than those authorized during the time the tanks at the road department were being tested. Building Inspection Agreement A letter will be sent to Monticello City about the building inspection agreement that was sent to the City Council and Mayor for approval. The County has not received the signed agreement or any response about this matter. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Cal Black Memorial Airport Administrative Assistant Rick Bailey reported that the motion for a stay for temporary and preliminary injunctive relief to enjoin the funding and construction of the Cal Black Memorial Airport has been denied by the Tenth Circuit Court of Appeals in Denver, Colorado. Mr. Bailey said the realignment of the road was to have started on April 5, 1991. The drilling of the well and the fencing is to begin in April 9, 1991. A motion to authorize Mr. Bailey to sign the requests for reimbursement for the work that is done on the airport was made by Commissioner Redd and seconded by Commissioner Lewis. UNANIMOUS. This will allow the billings to be sent to the Federal Aviation Administration more timely. Bluff Fire Building Administrative Assistant Rick Bailey said the Bluff Fire Building was built over the septic system. There have been problems with this system and Mr. Bailey said he would like to have authorization to install a new system if he can come up with $800 to $1000 out of money that has been budgeted. A motion to approve this request was made by Commissioner Redd and seconded by Maryboy. UNANIMOUS. Bike Trails Administrative Assistant Rick Bailey said a meeting was held about a year ago with the Bureau of Land Management to discuss the mapping of bike trails in the San Juan County area. The BLM has found a corporate sponsor to help with this project. Travel Administrative Assistant Rick Bailey will be in Park City the remainder of the week to attend the Utah Association of Counties Convention. COMMISSIONER BILL REDD'S REPORT Edge of the Cedars Commissioner Redd attended the ground breaking ceremony for the expansion project at the Edge of the Cedars on April 3, 1991. In attendance at the ceremony were Governor Bangerter, Senator Orton and Representative Adams. Commissioner Redd discussed wilderness and the equality of Bureau of Indian Affairs funds with Senator Orton. Commissioner Redd also spent a half-day on the San Juan River. Library Board Commissioner Redd attended a meeting of the San Juan County Library Board on April 3, 1991. The Board discussed conducting a survey of the County to determine the interests for ordering books for the libraries. The Board discussed getting JPTA workers to hold weekly story hours at the library in the summer. Administrative Assistant Rick Bailey said that Project Goodworks run by the School District would be a good program to contact about story telling. Bluff Library Commissioner Redd recommended that the County Attorney draw up a lease for the building that is being used for the Bluff Library, since the library has asked to remain autonomous. This lease would require a minimal fee and would hold the County harmless of any liability. It was the decision of the Commission to have Mr. Halls draw up such an agreement. Mexican Hat Service District Commissioner Redd said he had been contacted by Doris Vallee about checking the purity of the water at Mexican Hat. Commissioner Redd contacted Sanitarian Rick Meyers about this matter. Mrs. Vallee also asked about the Special Service District Board. Mrs. Valle wanted to know who the members were and when their terms expired. Ms. Vallee said she thought one term was already expired. Deputy Clerk Dena Hunter will research this matter and write to Chuck Burand to get some names of persons interested in serving on the Board. Forest Service Commissioner Redd met with Forest Ranger Lee Bennett on April 5, 1991 to discuss timber sales in the Monticello Ranger District. Ms. Bennett said there will not be any timber sales because of budget cuts. The position of timber specialist has been eliminated. Commissioner Redd will write to Ms. Bennett to request more detailed information on this decision. Travel Commissioner Redd will be traveling to Park City this week to attend the Utah Association of Counties Convention. COMMISSIONER MARK MARYBOY'S REPORT Navajo Tribal Budget Commissioner Maryboy attended the budget hearing for the Navajo Tribe last week. The final budget of $92.4 million was adopted. The budget will now be sent to the Bureau of Indian Affairs for final approval. On April 9-10, 1991 Commissioner Maryboy will be in Window Rock for a public hearing on the $5.2 million that has been set aside by the Budget and Finance Committee. $3.2 million will be for Chapter projects and the $2,000,000 for administrative operations. The Navajo Tribal Council will be in session all next week. Commissioner Maryboy will be in session and will not be in attendance at commission meeting. State Planner Commissioner Maryboy spoke with Steve Kloos, State Planner, about Utah Power and Light being able to access federal rural electrification funds for supplying power to the Navajo Reservation. They also discussed the reorganization of the Utah Division of Indian Affairs. Southern Fair Commissioner Maryboy has been contacted by the Utah Navajo Development Council about the draw down for this years fair. Commissioner Maryboy said he was not in attendance at the meeting when this was discussed with the UNDC. A letter will be sent to UNDC advising them to submit copies of their invoices to the County for reimbursement. Baseball Field Commissioner Maryboy said he has been contacted about the need for some sand on the Montezuma Creek and Bluff baseball fields. Leonard Nez indicated there will be a tournament in the near future. Utah Department of Transportation Commissioner Maryboy requested that Administrative Assistant Rick Bailey write a letter to the Utah Department of Transportation requesting fencing materials to fence along Highway 262 from McCracken Mesa to Montezuma Creek. Travel Commissioner Maryboy will be traveling to Salt Lake City on April 11-12, 1991 to attend the University of Utah Indian Week and meet with the Governor's staff for discussions. COMMISSIONER TY LEWIS' REPORT Edge of the Cedars Commissioner Lewis attended the ground breaking ceremonies at the Edge of the Cedars on April 3, 1991. Commissioner Lewis talked with Congressman Orton about getting a Bureau of Indian Affairs office in Utah to help the Utah Navajos. Commissioner Lewis will write a follow-up letter on this matter. Forest Service/Arch Canyon A letter was received from the Forest Service Monticello Ranger District advising the Commission that the number of hikers on a guided tour into Arch Canyon by the Sierra Club has been reduced. The Sierra Club will be offering two hikes instead of one. Travel Commissioner Lewis will be traveling to Park City to attend the Utah Association of Counties Convention. BILLS APPROVED FOR PAYMENT Utah State Retirement Board disabl/cont. B. Christensen $ 10.58 Utah State Retirement Fund retire cont. B. Christensen 439.35 Mike Allen inmate worker 31.00 Allied Carriers Exchange, Inc. freight road dept. 30.49 Alpine Archaeological Con. Inc. reporting and curation 237.37 American Televenture cable jail 51.60 American Wholesale Groceries supplies jail 827.39 Albert L. Atkins kitchen helper 31.00 Gerry Bates haircuts inmates 80.00 Bestway Janitorial & Building supplies PSB 116.36 Black Oil Company gasoline road dept. 9345.72 Black's Home Delivery supplies jail 1257.60 Blanding City of utilities road dept. 323.24 Blue Mountain Foods supplies jail 383.09 Blue Mountain Music adapter travel council 15.93 Boyd Coffee Company supplies jail 151.20 Tony Brandt travel road dept. 68.00 Brodart Inc. service may 91 139.80 Troy Butler travel sheriff's dept. 20.00 Car Care Center propane road dept. 39.15 Cate Equipment Company parts road dept. 176.88 Caun-Co., Incorporated parts road dept. 183.65 Chevron USA Incorporated gas aging dept. 41.76 Keith H. Chiara travel exp. public defender 235.63 Colorado Kenworth Inc. parts road dept. 50.16 Communications Plus typewriter JP 346.60 Conoco Incorporated gas sheriff's dept. 17.50 Continential Telephone Company telephone service 1240.01 Rudolph Cook travel sheriffs office 52.00 Cortez Glass Company supplies road dept. 153.00 Charles Cox kitchen helper 16.00 Custom Floors and Furnishings carpet courthouse 1743.50 DEMCO stool library (B) 187.34 Dyna Med supplies road dept. 187.50 Empire Electric Assoc. Inc. utilities 1043.10 Five Star Preview books librry (B) 110.05 Four Corners Welding supplies road dept. 48.44 Frito-Lay Inc. supplies jail 13.83 Crai C. Halls travel attorney 319.80 W.W. Grainger Inc. parts road dept. 137.52 Great Basin Trucks parts road dept. 265.77 H&K Locksmith Shop keys/lock road dept. 66.00 Robert Herrera kitchen help 17.00 Howard Johnson Hotel lodging commission 92.00 Dell Hunter blinds road office 47.93 International Business Machines maintenance agreement 143.59 Interstate Brands Corp. supplies jail 36.76 K&C Trading Post gas sheriffs dept. 11.50 Kent's Foods supplies sr. center 558.18 Low's Auto Parts parts road dept. 32.75 The Michie Company UT CT rules 91 49.52 G.O. Miller DDS inmates dental 540.00 Minerals Technology Corporation supplies road dept. 184.93 Monticello City of utilities road dept. 67.00 Monticello Mercantile supplies courthouse 211.40 Moore Business Forms, Inc. citations sheriff's dept. 169.93 Larry Morgan kitchen helper 17.00 Frank L. Morrell fire control travel exp. 106.75 Motor Parts Company supplies communications 47.64 Motor Parts Pro mart Home Cntr supplies courthouse 71.63 National Steel Supply, Inc. parts road edpt. 168.68 Newby-Holt Oil Co. supplies road dept. 10451.32 Olympus Hotel & Conf. Center F. Morrell lodging 241.50 Orkin Exterminating service Bluff center 80.00 Page Brake Warehouse parts road ept. 105.69 Palmer's copies historical 12.58 Parley Redd's Foodtown parts road dept. 164.39 Pepsi-Cola Company vending supplies 59.70 Petra Computer Services computer equip. recorder 13217.49 Petrolane Gas Service propane road dept. 101.67 Petrolane Gas Service propane road dept. 168.75 Quality Bookstore book librry (M) 10.70 Quill Corporation purchasing supplies 44.26 Quinlan Publishing Co. Inc. sub. sheriff 52.91 Radiology Assoc. of Durango inmate medical 26.00 Charles Reay kitchen help 21.00 Redburn Tire Company tire road dept. 204.35 Restraunt & Store Equipment Co supplies jail 78.84 San Juan County office supplies 436.75 San Juan County Hospital contract meals 328.25 San Juan County Library petty cash (M) 39.18 SJC Seventh Circuit Court s.o. collections 20.00 San Juan Pharmacy film fair board 835.13 Sargent-Sowell Inc. freight 5.39 Scott Machinery Company parts road dept. 29.52 Shilo Inn Salt Lkae City T Butler lodging 37.00 Slyco Driveline parts road dept. 71.44 SE Utah Assoc. of Governments travel to colo. commission 139.00 David Stewart kitchen help 18.00 Sysco Intermountain Food SVC supplies jail 1292.06 Time Life Books book library (B) 16.64 Trailside General Store gas extension 15.15 United States Welding, Inc. supplies road dept. 243.00 Utah Power utilities fire control 227.71 Utah State Treasurer revenue mar 91 804.00 Utah State Treasurer revenue mar 91 3521.50 Utah State Treasurer displaced homemaker 3681.00 Steven E. Warren M.D. inmate medical 251.00 Wheeler Machinery Company parts road dept. 104.12 White Mesa Ute Council contracts meals 542.50 Woody's Petroluem supplies road dept. 199.50 Xerox Corporation main ag. circuit court 63.00 Young's Machine Company supplies road dept. 77.27 Mike Young Incorporated co, vehicle 12999.83 Cooperative Extension Service clothing I packets 26.70 ICMA supplies EMS 27.95 Better Books Company book library (B) 15.98 Borland International Inc. computer Upgrade 54.95 Meadow Gold Dairies supplies extension 11.16 Black Box Corporation cable data processing 114.50 American Auto Machine parts road dept. 112.85 Karl Barton travel 15.00 Thomas R. Dyer travel sheriff's dept. 62.54 Gumdrop Books books library (B) 175.00 H&S Enterprises Inc. parts/repairs road dept. 310.33 Hilton Inn F. Morrell lodging 140.00 Hornes East Bay Inn Stovall lodging 24.95 Wesley Howard bail refund 25.00 IFSTA supplies EMS 101.92 Motor Sportsland parts road dept. 22.08 National Sheriff's Association ad sheriff's dept. 57.50 NTA 1990 Techinal Seminar communicatins seminar 330.00 Seventh Circuit Court s.o. collections 35.00 Shooter's World handcuff's sheriff 89.50 Joe Slade file sheriff's dept. 75.00 Smithsonian National Assoc. sub. library 20.00 Spillman Data Systems Inc. 25% softsware install 10143.75 Stan Byrd Photo photo work historical 150.00 Morris E. Tso bail refund 45.00 Utah State Agency/Surplus Property trailer road dept. 250.00 Danny Walker mileage film commission 19.32 Ogden City Judge s.o. collections 407.63 Camera Den film historical 91.28 ADJOURNMENT The meeting adjourned at 1:30 P.M. Ty Lewis, Chairman Dena Hunter, Deputy Clerk