SAN JUAN COUNTY COMMISSION MEETING MINUTES April 22, 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 15, 1991 meeting as amended was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. CURRENT BUSINESS Hospital Administrator Visits Hospital Administrator Larry Putnam told the Commission that Dr. Gene Key has agreed to come to Blanding to practice. Dr. Key is originally from Mesa, Arizona. Dr. Key was contacted about coming to San Juan County to practice before the Physician Recruitment Reward was offered. Nurse Practitioner Dee Street is back from serving with her National Guard Unit in the Persian Gulf. Ms. Street arrived back in Blanding on April 19, 1991 and covered the Emergency Room for the week-end. Mr. Putnam said the Health District is negotiating with Dan Fitzgerald, a Physicians Assistant from Kayenta, to come to Monticello and practice with Dr. Warren. Mr. Putnam said he is working on a Rural Health Out-Reach Grant to fund a van for a mobile clinic to be used in the southern end of the County. The van would be staffed with a nurse practitioner or a physicians assistant. The van will be equipped with mammography equipment and an X-Ray technician from the hospital would be used when mammography clinics were being offered. A discussion was held concerning coordinating the services with the services offered by Indian Health Services through the Utah Navajo Development Council. Commissioner Maryboy suggested that Mr. Putnam contact Larry Curley who is in charge of Health Services for the Navajo Tribe to get a letter of support for this Grant. Mr. Putnam ask for a letter of support from the Commission for this Grant. A motion to give a letter of support was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Mr. Putnam discussed the Rural Health Clinic Act with the Commission. Mr. Putnam said that Lutheran Health Services is exploring the possibility of using the Act to keep physicians in the County. Mr. Putnam reminded the Commission of the Open House for the Birthing Center on April 23, 1991 at 1:00 P.M. in Blanding. A Navajo taco lunch will be served at noon. Building Permits Building Inspector Bruce Bunker met with the Commission to discuss building permits. Mr. Bunker said when the County adopted the State Statute on Uniform Building Codes the policy of exempting agricultural buildings was not addressed. The Uniform Building Code requires inspections if there is to be any electrical of plumbing installed. Also if the structure is masonry it would need to be inspected for placement of steel reinforcements. The present County policy exempts all agricultural buildings from purchasing a building permit. Mr. Bunker said he felt the policy should be that all buildings require a permit. If it the building was a type that would not require inspection that the fees could be waived. Mr. Bunker said Empire Electric and Utah Power and Light require an electrical inspection before they will do a power hook-up. It was the decision of the Commission to adopt a County policy on building permits to be in compliance with the State Uniform Building Code. A building permit was presented for UMETCO Minerals for two compressor buildings to be constructed at the Calliham and LaSal mines. These will be steel buildings. A motion to approve the permit was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. A building permit was presented for Vern L. Shumway. Mr. Shumway is proposing to move a mobile home on his lot east of Monticello. This is a permit for an electrical inspection only. A motion to approve the permit was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Road Department Equipment The Road Department has requested permission to advertise for bids for sander boxes and blade frames for the recently purchased trucks. A motion to approve this advertising was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Forest Road Agreement The Forest Service Schedule "A" Road agreement 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. Property Bids Sealed bids were opened for Lot #6 of the Woodruff Subdivision. Two bids were received. Brian J. Boyd bid $182.00 and Dick Knapp bid $150.00. A motion to award the bid the Brian J. Boyd was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Utah Navajo Development Council UNDC Executive Director Dick Neztsosie and George Etsitty met with the Commission to discuss the Neskahi site for a marina on the San Juan arm of Lake Powell. Mr. Neztsosie said that there are 70 acres set aside for the Neskahi Marina site. The archeology clearance has been completed. The problem now is the access road to the marina. Mr. Neztsosie said the access road could cost 20 to 30 times the cost of the marina. A discussion was held concerning the different routes that may be used for access to the marina. Mr. Neztsosie will ask for the support of the Oljato and Navajo Mountain Chapters to get access routes to the marina. Mr. Neztsosie will come back to the Commission to discuss this matter at that time. Mr. Neztsosie and Mr. Etsitty said the UNDC would like to administer the recreation program for all of the Chapters in Commission District #3. The Commission said that they had no problem with the UNDC handling the recreation. The Commission requested that the UNDC get a resolution from each of the Chapters stating they would like to have UNDC handle their recreation programs. Commissioner Maryboy said Bluff may want their share of the funds to run their own recreation program. The Commission discussed with Mr. Neztsosie and Mr. Etsitty the possibility of getting a Bureau of Indian Affairs agency office in Utah. Mr. Etsitty said the UNDC is working on getting the land for the Navajo Fair purchased. The Bureau of Land Management has told UNDC they will not be able to sell them land. The UNDC is now working with the property owners to purchase or get a long-term lease on the land. Governor's Conference On Tourism Travel Council Director Peggy Humphreys met with the Commission to report on the Governor's Conference on Tourism that she attended in St. George, Utah on April 15-17, 1991. Mrs. Humphreys attended a seminar that discussed the infrastructure needed to promote tourism. They also discussed the need to have bicycle and hiking trails mapped for the tourist. One of the seminars dealt with wilderness and its effect on tourism. Combined Visitor Center Open House Travel Council Director Peggy Humphreys told the Commission that the Open House of the Combined Visitors Center on April 19-20, 1991 was a success. Mrs. Humphreys said she has received five applications for the part-time seasonal position in the Visitors Center and had five volunteers sign up to help at the center this season. The Commission asked Mrs. Humphreys to fill in the schedule with the volunteer helper and then bring her proposal for the hours a part-time seasonal person would need to work to Commission meeting on May 6, 1991. Fire Proclamation Fire Warden Frank Morrell presented the following Fire Proclamation for the approval and signature of the Commission: SAN JUAN COUNTY CLOSED FIRE SEASON PROCLAMATION WHEREAS, the forests and watersheds of San Juan County occupy a vital place on the County's economy and, WHEREAS, these lands are extremely vulnerable to damage by wild fire and, WHEREAS, San Juan County continues to experience a severe water shortage, that a wildland fire of any size would require the use of water that needs to be conserved; WHEREAS, we, the undersigned, do hereby order a CLOSED FIRE SEASON to take effect beginning May 1, 1991 and to continue until further notice. The CLOSED FIRE SEASON shall be subject to all restrictions and provisions attached thereto by law. That "during the closed season it shall be a misdemeanor to set a fire, or cause to be set on fire any inflammable material on any forest, brush range, grass, grain, stubble, of hay land without first securing a written permit from the County Fire Warden, and complying fully with the terms and conditions prescribed with the permit." /s/ Ty Lewis /s/Frank Morrell Ty Lewis Frank Morrell San Juan County San Juan County Commission Chairman District Fire Warden A motion to approve the Closed Fire Season Proclamation was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Andrew Tso Navajo Tribal Councilman Andrew Tso advised the Commission that he is a member of the Resource Committee and is willing to help the Commission get the necessary right-of-way and archeology clearance to do work on the Navajo Reservation. Mr. Tso said he would like to bring Anderson Morgan, Land Administration Executive Director, to meet with the Commission on May 6, 1991. The Commission thanked Mr. Tso for his willingness to help the Commission and congratulated Mr. Tso on his position on the Tribal Council. Mr. Tso discussed the Navajo Canyon area with the Commission. Mr. Tso said that Raymond and Inez Burk and Albert Mark are trying to get a water line into their homes. They have encountered problems with running the water line across a section of State Land. Administrative Assistant Rick Bailey will write a letter to the State Lands about this matter. Building Permit/Rex Anderson Rex Anderson met with the Commission to discuss a building that he has started in the Blanding area. Mr. Anderson is building a cinder block hay storage shed. Mr. Anderson said the information on building permits he received from the County stated that agricultural buildings do not need to have a building permit. Mr. Anderson said he started his building and was contacted by Building Inspector Bruce Bunker about purchasing a permit. A discussion of the current Uniform Building Code and the need for inspections was held. Mr. Anderson said he would be willing to sign a waiver of responsibility to hold the county harmless and not be required to have the building inspected. A motion to waive the building permit and fees and to forgo the building inspection if a waiver of responsibility is signed because of the problem with the County's existing policy on agricultural buildings was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. 4-H Request Extension Agent Jim Keyes met with the Commission to request some sand be put on the arena the 4-H in La Sal is using. Mr. Keyes said Dale Fuller has volunteered to let the 4-H use this arena for the past several years. The Commission requested that Mr. Keyes obtain a long-term lease on the arena. After a lease agreement is established a load of sand can be hauled to the arena. Southeastern Utah District Health Department A letter was received from Southeastern Utah District Health Department asking for the Commission to ratify the salary and moving allowance offered the new District Director Gary Angott. Mr. Angott will received a salary of $3,200 per month and $2,000 for moving expenses. A motion to ratify the salary and moving allowance was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Accounts Receivable Clerk/Auditor Gail Johnson discussed with the Commission outstanding accounts receivable accounts. Mrs. Johnson said Jerry Holiday has billing that has not been paid since 1987. Mrs. Johnson turned this matter over to County Attorney Craig Halls. Mr. Halls wrote to Mr. Holliday and has not received any response from him. The Commission instructed Mrs. Johnson to take Mr. Holliday to court to collect this account. The Commission instructed Mrs. Johnson to write letters to the other accounts that are delinquent asking for a payment befor other action is taken. Procurement Bids were presented for a computer station for the Treasurer's Office. Price Savers bid $212.49 and Modern Office Equipment bid $369.85. A motion to approve the bid from Price Savers was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. National Association of Counties An alert was received from NACO requesting that Counties that receive Payment- In-Lieu-Of-Taxes write to their Congressman and ask for their support of HR 1495. This bill would increase the PILT payments to Counties. Administrative Assistant Rick Bailey will write letters to the Utah Congressman on this matter. Financial Statement Deputy Auditor John Fellmeth discussed with the Commission the new form for the financial statement he is working on. Mr. Fellmeth said he did not have it completed for the March print out. Chuska Energy County Attorney Craig Halls and Attorney Lyle Anderson met with the Commission to discuss Chuska Energy. Mr. Anderson and Mr. Halls recommended that the County commit to pay one-fourth of the legal costs up to $10,000 to challenge the operating agreement Chuska Energy has with the Navajo Tribe. Mr. Halls and Mr. Anderson said the future responsibility for the costs of this case should be the Utah Division of Indian Affairs. A motion to approve paying one-fourth of the legal cost, up to $10,000, for the Chuska Energy lawsuit was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. This decision was based upon the judgement of Attorney Lyle Anderson and County Attorney Craig Halls. Blue Cross/Blue Shield Health Agreement The Blue Cross/Blue Shield Health Agreement was sent to County Attorney Craig Halls to review. A motion to authorize Administrative Assistant Rick Bailey to sign on behalf of the County when the agreement is approved by Mr. halls was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Building Inspection Agreement/City of Monticello Monticello City will sign the Building Inspection Agreement with San Juan County if the fee per inspection is changed to $15.00 per inspection. A motion to approve this change and the signing of the agreement was made by Commissioner Redd and seconded by Commissioner Lewis. UNANIMOUS. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Community Impact Board Grant Administrative Assistant Rick Bailey presented the Grant application to the Community Impact Board for the Emergency 911 system for the approval and signature of the Commission. A motion to approve the application and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. The application will be sent to Monticello and Blanding Cities for their signatures. Congressman Wayne Owens Administrative Assistant Rick Bailey said that the meeting with Congressman Wayne Owens has been scheduled for May 3, 1991 from 2:30 p.m. to 4:15 p.m. Congressman Owens will be meeting only with elected officials from the cities and county. Cal Black Memorial Airport Administrative Assistant Rick Bailey presented the Engineer Service Contract with Creamer and Noble for the Cal Black Memorial Airport. This contract is in the amount of $135,000 and has been approved by the Federal Aviation Administration. A motion to approve the contract and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Letters Administrative Assistant Rick Bailey said he has sent the following letters this were: Two letters were sent to Sam Taylor of the Utah Department of Transportation. One letter requested materials to fence the right-of-way on State Road 262. The Chapters will be doing the labor. The second letter concerned State Road 211 from Highway 191 to Canyonlands National Park. A letter was sent to Bureau of Land Management Area Manager Ed Scherick requesting help to get the Hovenweep road completed. The letter also advised Mr. Scherick that the County was still interested in getting the trail and off-road vehicle program mapped in the County. A letter of thanks was sent to Senator Garn for the services of Robert Dibblee at the Association of Counties meeting at Park City on April 10-12, 1991. Road Meeting There will be a meeting with the County, Utah Department of Transportation and the Navajo Tribal Road Committee on April 18, 1991 at 8:00 A.M. in the commission chambers. Housing Authority Administrative Assistant Rick Bailey said he had been looking at the possibility of the County becoming a Housing Authority to help get housing for teachers in the Mexican Hat area. Money is available for low income and high income people through the Housing Authority. Money is also available to fix-up rental units. Mr. Bailey said the he could not target a program that would help to establish housing just available for teachers. Mr. Bailey said if the County was to become a Housing Authority that money is available through the Community Impact Board in the form a low interest loan. Money could also be borrowed from the Farmers Home Administration. A discussion was held about the possibility of the Navajo Housing Authority helping to get teacher housing in the Mexican Hat area. Mr. Bailey will write to School Superintendent Hal Jensen and summarize what type of programs are available for the housing. Mr. Bailey will ask Mr. Jensen to come back to the Commission to discuss this matter further. Bureau of Indian Affairs/Road Allotments Sam Taylor, Utah Department of Transportation, has asked that the Federal rules and regulations be changed to allocated the funds for Reservation Roads on population and road miles. This type of allocation would give more funding to the Utah Navajo. Administrative Assistant Rick Bailey will write letters to the Utah Delegation supporting this proposal. Comp Time vs. Over Time Administrative Assistant Rick Bailey discussed some of the problems with the County giving comp time instead of paying for the over time for employees. Current policy allows those employees that work over time to take time and one half off as comp time. Mr. Bailey said this practice leaves the department short handed when the comp time is taken off. The Commission would like more time to research this matter and will be discussed more at the next meeting. COMMISSIONER BILL REDD'S REPORT Utah Department of Transportation Commissioner Redd traveled to Salt Lake City last week with the City of Blanding to attend a proposal to UDOT on getting Highway 191 from Recapture Lake to White Mesa reconstructed. Human Services Board Commissioner Redd presented the name of Oliver Harris to serve on the Human Services Board from Commissioner District #2. Commissioner Maryboy presented the name of Louis Tapaha to serve on the Human Services Board from Commission District #3. A motion to approve these appointments was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. BLM Commissioner Redd said he had talked with Bureau of Land Management Area Manager Ed Scherick about meeting with the Commission to go over the proposed wilderness area. A meeting is planned for April 26, 1991 at 9:00 A.M. at the BLM office. Recapture Lake Commissioner Redd said the Water Conservancy District has requested that the County apply to purchase from the Bureau of Land Management the land around Recapture Lake. The Water Conservancy District will then purchase the land from the County. The County will make application to purchase this land. COMMISSIONER MARK MARYBOY'S REPORT Bluff Library Commissioner Maryboy said he had been contacted by the Bluff Library about a letter from Commissioner Redd stating that only $2,000 has been budgeted for the Bluff Library. This was an incorrect amount. A letter will be sent to the Bluff Library Stating that $2, 760 has been budgeted. The Library will also be advised that only those expenses for remodeling, as per budget requests, will be paid all other billings will be denied. Tribal Council Session Commissioner Maryboy was in Tribal Council Session last week. The $5.2 million that was budgeted for Chapters was discussed. Out of this amount $200,000 was given the Utah Navajo Development Council for operation of programs. $100,000 was given to the Red Mesa Chapter for remodeling their Chapter Building. $25,000 was given to the Mexican Water Chapter to fund a Chapter Planner. $25,000 was given to the Aneth Chapter for irrigation and farming development on the San Juan River and McElmo Creek. A public hearing will be held on May 29, 1991 for the budgeting of $13,000,000 oil royalty money that has been released to the Tribe. The Navajo Tribal Session will be held on May 13, 1991 to allocate these funds. Commissioner Maryboy suggested a proposal be made for $500,000 to $600,000 to upgrade private roads to residences on the Utah portion of the Reservation. Administrative Assistant Rick Bailey will talk to UNDC Executive Director Dick Neztsosie about this funding request. Travel Commissioner Maryboy will be in Aneth on April 23rd, Bluff on April 24th, Salt Lake City on April 25th and at the Shiprock Agency on April 26th. COMMISSIONER TY LEWIS' REPORT Resource Conservation and Development Commissioner Lewis attended a meeting of the Resource Conservation and Development in Green River on April 18, 1991. The proposed plan of operation was discussed. Association of Governments Commissioner Lewis attended an AOG meeting in Price on April 19, 1991. A discussion was held on The Grand Canyon Trust. This environmental trust group is working on the clear air and water of the whole Colorado Plateau region. Combined Visitors Center Commissioner Lewis attended the Open House of the Combined Visitor Center on Friday evening April 19, 1991. Travel Commissioner Lewis will attend the Open House of the Blanding Birthing Center on April 23, 1991. BILLS APPROVED FOR PAYMENT American Wholesale Groceries supplies jail $ 955.54 Arnold machinery Company parts road ddept. 770.22 Richard M. Bailey reimburse maps 54.01 Black Oil Company diesel road dept. 1195.58 Blue Cross/Blue Shield of Utah healthe ins may 91 9876.63 Blue Mountain Foods vending supplies 139.82 Boyd Coffee Company supplies jail 159.18 Cate Equipment Company parts road dept. 486.93 Colorado Kenworth parts roas dept. 145.89 Communications Plus repairs treasurer 222.00 John Fellmeth travel data processing 22.26 First Security Bank of Utah liab. from payroll 30.64 Grand Tire Company tires road dept. 658.30 Intermountain battery batteries road dept. 69.00 Intermountain Farmers Assoc. supplies weed & rodent 87.17 Interstate Brands Corporation suppies jail 68.08 JM Custom & Industrial Welding repairs/parts road dept. 286.16 Gail D. Johnson travel clerk 20.00 Jim Keyes travel extension 49.99 Billy Lee King travel sheriff 63.00 The lawyers Cooperative am kaw rep 4th vol 8 44.20 Ty Lewis travel commission 84.34 G.O. Miller DDS dentatl inmates 236.00 Monticello City of sales tax 1st quarter 3.82 Monticello City Justice/Peace s.o. collections 430.00 Monticello Mercantilke supplies jail 55.92 Monticello Senior Center reim. petty cash 47.76 Frank L. Morrell travel exp fire cont. 81.00 Harold G. Muhlestein JP dues 25.00 Navajo Trail Motel lodging indigents 44.00 Office Outpost supplies treasurer 10.05 Olympus Hotel & Conf. Center lodging 280.00 Palmer's speaker sheriff's dept. 13.95 Parley Redd's Foodtown supplies sr. center 18.97 Papsi-Cola Company vending supplies 9.95 Petra Computer Services software Recorder 9413.00 Pertolane Gas Service propane library (B) 265.77 Pertolane Gas Service propane road dept. 187.50 Radiology Assoc. of Durango PC inmates medical 360.00 Redburn Tire Company tires road dept. 552.32 San Juan County gas commission 1260.13 SJC Area Agency on Aging reim. petty cash 38.60 San Juan County Hospital M. Carpenter Acct. 852.28 San Juan Pharmacy county prescriptions 759.50 San Juan Pharmacy county prescriptions 1315.61 San Juan Record bid request 15.60 Schafer Tires supplies road dept. 116.86 Seventh District Juvenile Ct s.o. collecrions 50.00 Sinclair Oil Corpotation gas aging 23.81 Snap-On Tools Corporation parts road dept. 9.71 SE Utah Dist. Health Dept. reimburse alt cont. 4269.06 SYSCO Intermountain Food Svc. supplies jail 361.39 Texaco Refining and marketing gas road dept. 52.56 UW Freight Line Inc. freight road dept. 25.00 Unites States Welding, Inc. supplies road dept. 20.84 Utah Department of Employment unempl. James 804.00 Utah Gas Service Company utilities PSB 2437.61 Utah Power utilities fire control 4.03 Utah Stae Informations Systems job proc charges sheriff 283.00 Utah State Tax Commission sales tax 1st qtr 91 45.92 Steven E, Warren M.D. inmate medical 413.00 West Publishing Company PC 801 194.25 Wheeler machinery Company parts road dept. 78.41 Curtis Industries, Inc. parts road dept. 140.86 Wholesale Vetrinary Supply supplies extension 26.95 Julie Wood supplies jail 21.85 Royal Wholesale Electric supplies courthouse 49.39 The Bureau of nartional Affairs criminal law report 512.00 Cedar City Holiday Inn lodging cook 36.69 40th Annual City St & Co, Road road school 575.00 Martin O. Garcia refund overpayment 10.00 Garfeild County audit/acct. training 100.00 National Burn Victim Foundation tapr EMS 49.95 Precision Equipmant Inc. u/g tank test 5951.50 Downtown Travelodge lodging Cook 36.00 20th Century Plastics supplies road dept. 286.49 Winock Inn lodging attorney 142.62 ADJOURNMENT The meeting adjourned at 3:30 P.M. Ty Lewis, Chairman Dena Hunter, Deputy Clerk