SAN JUAN COUNTY COMMISSION MEETING MINUTES JULY 8, 1996 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 Merna Johnson, Deputy Clerk A motion to approve the minutes of the July 1, 1996 meeting as written was made by Commissioner Bill Redd and seconded by Commissioner Ty Lewis. There were only two commissioners present at the time the action was taken. CURRENT ITEMS BLM/Nick Sandberg - Nick Sandberg from the BLM reported there would be a BLM Resource Advisory Committee meeting in Moab, Utah on Wednesday, September 10. It will be a public meeting for input on the draft rangeland standards and guidelines. ORV Trails Map - Mr. Sandberg showed the commissioners an Off Highway Vehicle Map that is being put together by the State, Forest Service and BLM. These maps indicate the roads that are open or closed to off- road travel. He stated that these maps would be available in all Utah Counties in the future but at the present they did not have the time to do the one for San Juan County. The county roads have not been considered or included in this map. The Commission felt that it should be a cooperative effort with the County so that any county roads they want to designate for ORV's can also be included in the map. The Commissioners asked Mr. Sandberg to keep them notified of any activities that occur in the County, ie., oil well proposals, etc. Plan to Protect Bio-Diversity Assessment - Commissioner Redd showed a Plan to Protect Bio-Diversity Assessment map of four corners states. The concensus of the group was that possibly the UN may be responsible for the map. Mr. Sandberg indicated he was not aware of such a map and would check into it. AmeriCorps Representative, Charles Wade - AmeriCorps Representative, Charles Wade, appeared before the Commission to explain the purpose for which he was in the area. He works for the USDA Rural Development Program on planting trees, painting murals or anything the communities would like to have done in the way of image enhancement or beautification. He has been exclusively in the Bluff area but has been directed to include the Montezuma Creek area as well. Commissioner Maryboy said he should contact the Aneth Chapter officials for additional projects that could be worked on. Mr. Wade will meet with Commissioner Maryboy this afternoon to discuss other possible projects. Monticello Uranium Mill Site - Darroll P. Young, a member of the Site Specific Advisory Board, Monticello Uranium Millsite, presented the Commission a letter he has sent to Mr. Thomas P. Grumbly, Assistant Secretary for Environmental Management of the DOE. Mr. Young is asking that work be stopped on the haul road until such time that a study can be made that would determine what action to take to insure the best good for the largest number of people for the longest period of time the ultimate completion of the work might provide. The Commission will write a letter to Joe Berwick, DOE, asking that the Commissioners be given a tour of the site and the project analyzed for possible reconsideration of the remedial action to be taken. In support of the Site Specific Advisory Board and Monticello City the Commission issued the following resolution: RESOLUTION 1996-5 TO SUPPORT REQUEST FOR LEGISLATION TO TRANSFER TITLE OF PROPERTY FROM THE DEPARTMENT OF ENERGY TO THE CITY OF MONTICELLO AND TO ACCEPT RECOMMENDATION FOR FUTURE LAND DEVELOPMENT WHEREAS, the United States Department of Energy owns property which is the location of the former Monticello Uranium Millsite and the Department of Energy is currently in the process of a Superfund Clean- up project and is constructing a repository on said property for the disposal of uranium mill tailings; and WHEREAS, the Monticello Site-Advisory Board for the Monticello Remedial Action Project has recommended to the Department of Energy that said millsite property be deeded to the City of Monticello upon completion of the clean-up for use as a recreational site; and WHEREAS, it is the intent of the City of Monticello that said property, if deeded to the City, shall be used as a recreational area which could potentially provide a golf course extension, hiking and biking trails, and other recreational opportunities for the citizens of Monticello; and WHEREAS, development of the land for recreational uses will require that the City of Monticello pursue multiple funding sources, and these fund-raising efforts cannot be commenced until such time as the City holds title to the land; and WHEREAS, it is the understanding of the governing body that transfer of title could be accomplished through legislation prior to completion of the clean-up project, thus expediting the City's ability to pursue funding avenues and the development of the land; NOW THEREFORE, be it resolved by the San Juan County Commission to accept the recommendation of the Site Specific Advisory Board and the Monticello City Council for future development of the millsite property from the Department of Energy to the City of Monticello through legislation. Passed and Approved by the San Juan County Commission this 8th day of July, 1996. /s/ Ty Lewis Ty Lewis, Chairman San Juan County Commission A T E S T /s/ Merna Johnson Merna Johnson Deputy Clerk/Auditor Variance Request/Alon Pugh - A hearing was convened to address the request by Alon Pugh for a variance to build on a half-acre lot instead of the one (1) acre lot required by the Zoning Ordinance. The Commission had recently reduced the requirements from a 2 1/2 acre lot to a 1 acre lot and are not in favor of further reductions. There was also concern expressed over whether 1/2 acre could accommodate a septic and water system. Commissioner Redd made a motion to deny the request and Commissioner Lewis seconded the request. There were only two commissioners present at the time the action was taken. San Juan Counseling Center/Dan Rogers - Social Services Director Dan Rogers met with the Commission to discuss setting up the accounting procedures to be used when they become an independent agency. The County will still be used as the primary entity to receive the funds for the agency therefore it would be necessary to have an annual audit to account for the funds. Other options also discussed were: the type of entity to be created, County appointed board, insurance coverage, personnel procedures, payroll, retirement coverage, etc. They are in need of a Business Manager at the present time and prefer to hire one that could do the budget and the accounts payable and receivable. They would also have to be involved with the block grants and substance abuse monies that come from the state. It was determined that in order for the new entity to benefit from County liability insurance they would have to have half their board of directors appointed by the County, half the funding has to come from the County and the hiring and firing of employees rests with the Commission. Mr. Rogers indicated that there are others who have gone through the same process that are willing to come down and tell them how it worked for them. He will look at the other alternatives and get back to the Commission. EDWARD SCHERICK'S REPORT San Juan County Master Plan - Planning Director Edward Scherick presented the revised County Master Plan for approval. Commissioner Maryboy requested a summary of the Plan with relation to the Navajo portions of the County. Mr. Scherick indicated the need for stronger partnerships - work more on transfer of payments; monetary issues, health care, severance tax, education, employment, and law enforcement. He also stated that the advisory committee that would be set up would include Native Americans. Mr. Scherick reflected on the need to strengthen relationships on recreation and tourism; working with the BIA, and Natural Resources Community that is set up on the Reservation. Coordinating planning efforts with the Tribal Government, the need to provide more health care providers and improved housing on the reservation is also addressed in the Plan. Mr. Scherick indicated there is a section that is devoted to the land issues relating to mineral extraction, etc. Commissioner Lewis stated that the Master Plan is a fluid document and can be changed or updated at any time the Commission deems necessary. Commissioner Redd made a motion to approve the document with the understanding that it can be adjusted upon the agreement of the Commission as various problems come into picture that may alter or conflict with the wording of the plan. Commissioner Maryboy seconded the motion. UNANIMOUS. Water Resource Meeting - Planning Director Edward Scherick and Commissioner Bill Redd met with the Deputy State Water Resource Director, Paul Gillette, concerning reservoir sites located in San Juan County. Mr. Gillette gave them copies of a previous study that had been completed on the issue. Mr. Scherick stated that he did not know of any other sites than those on the map and indicated that some of those sites were no longer available as possible reservoir sites as they had been withdrawn. He felt that possibly the only viable sites available at the present would be to raise the dike on Dry Wash Reservoir and Recapture Reservoir and the North Creek site. Mr. Scherick felt that the Verdure site wouldn't drain a very large area and therefore would not be a primary site as it is a considerable distance below the highway and would be strictly for irrigation purposes. The Commissioners indicated that there was also a possibility on Spring Creek. They also discussed a possible site in the Montezuma Creek area. It would be contingent on whether or not they have the water rights. Oil & Gas/Land Issues - San Juan County Planner Ed Scherick stated that the BLM Resource Management Plan has set up all the lease categories for oil and gas leasing. The parcel of land the National Park Service is concerned with lies in an open category - if there are special stipulations the "on-site" EA is the only place you can change those stipulations. Obtaining an application to drill an oil well is a complicated thing and not too many people understand how that works. Mr. Scherick suggested that they obtain the services of a specialized person to go to the on-sites with the agency to make sure the County's position is incorporated into the permitting process. The Commissioners felt that an RFP would have to be done to obtain those services. They asked Mr. Scherick to give them a proposal prior to doing the RFP. Recapture Lake Meeting - The BLM/State Parks are having a meeting at 1:00 p.m. on July 25, 1996 at the BLM office to discuss Recapture Lake. Commissioner Lewis and Mr. Scherick will attend that meeting. Firefighters Listing - The names of Osmond Lopez and Ryan Meeks were presented to be added to the Firefighters Listing. They would be hired at $6.00 per hour as needed. Commissioner Redd made a motion to add the two names to the list and Commissioner Lewis seconded the motion. There were only two commissioners present at the time the action was taken. Justice Court Position Interviews - Mr. Scherick reported that the interviews to fill the position of Justice Court Clerk will be on Wednesday, July 10, 1996. Bid Procurement/Personnel - Ed Scherick, Personnel Director reported that his chair was falling apart and needed to be replaced. Bids were presented from Quill for $299.99 and Reliable for $399.99. Commissioner Redd made a motion to accept the bid from Quill for $299.99. Commissioner Lewis seconded the motion. There were only two commissioners present at the time the action was taken. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT UAC Insurance - Administrative Assistant Rick Bailey presented a letter from the Utah Association of Counties Insurance Mutual concerning a risk review that had been conducted identifying areas of exposure to potential liability or property loss. Ten (10) areas were identified and Mr. Bailey made recommendations of responsibility on each of those items. The County has thirty (30) days in which to respond to each of these items in relation to what will be done to comply and the date of compliance. San Juan County-Utah Bookmobile - Mr. Bailey presented a compilation of information concerning the San Juan County-Utah Bookmobile - where it's being used and what the circulation is. Based on the compilation Mr. Bailey will prepare a letter to be sent to the Navajo Nation to see if they will participate in the expenses incurred in behalf of the time spent on the Navajo Reservation. Building Permit Requests - Administrative Assistant Rick Bailey presented two building permit requests for Commission approval. One for Jeff Bronson for a modular home and the other from Fuller Construction for a home. Both homes will be located in the LaSal area. Commissioner Redd made a motion to approve the building permit requests and Commissioner Lewis seconded the motion. There were only two commissioners present at the time the action was taken. Building Permit Violations - A discussion was conducted relevant to those homes being built in the County without the procurement of a building permit and not being constructed to code. The Commissioners were concerned about the future sale of those homes and felt that something should be attached to the property title indicating that there might be possible problems concerning the construction of the structure. There is already a policy to assess a fine on those who do not obtain a building permit. Bruce Bunker, San Juan County Building Inspector, indicted that he has given fines to various individuals but has suspended the fines on bringing the structure up to code. He stated that he can issue a "cease and desist" order on the construction of the home. Mr. Bunker indicated that he has to have the backing of the Commission and the County Attorney in order to enforce the order. The Commission asked Mr. Bunker to research the statute to see exactly what the options are. Mr. Bunker researched the statute and found that the County is required to do the building inspections but there is no place where it gives him power of enforcement. Commissioner Redd indicated that he should continue to issue the "cease and desist" orders and if they are not complied with to give the matter to the County Attorney. Emergency Response Equipment Contract - Administrative Assistant Rick Bailey presented a contract with the Department of Energy for Emergency Response Equipment. The contract is with San Juan County and the City of Monticello in the amount of $83,885.00. $63,000 of the money will be used to purchase a new truck. $11,000 was given directly to Monticello City with the remainder being used for radios and pagers to be divided between the entities. Mr. Bailey recommended that the Commission sign the contract and he will then pass it on to the city for their signature. Commissioner Redd made a motion to approve the signing of the contract. Commissioner Lewis seconded the motion. There were only two commissioners present at the time the action was taken. Navajo Nation Drought Meeting - Mr. Bailey attended a meeting last week in Window Rock with the Navajo Commission on Emergency Management concerning the drought and what the Navajo Nation was doing. They had representation from all the counties with the exception of San Juan, New Mexico. They reported that President Clinton had approved some emergency feed and grain for the areas affected by the drought. The Navajo Nation Council appropriated some additional funding for the drought but President Hale vetoed the bill. The Council then appropriated $7,000 to each chapter to use for drought situations. The chapters are uncertain as to the best way to spend the money. The Navajo group will meet weekly to try to determine some solutions to the problems addressed. Dunning Subdivision Administrative Assistant Rick Bailey presented a revised plat of the Dunning Subdivision. When it had been previously presented for approval it had been called a Waiver Plat. Mr. Bailey requested that it be corrected to meet the requirements of the Recorders Office. Commissioner Redd made a motion to approve the subdivision plat based on completion of all signatures. Commissioner Maryboy seconded the motion. UNANIMOUS. Solid Waste - Mr. Bailey indicated that two individuals had applied for the part-time transfer station positions. The Commissioners had previously asked him to prepare rate structures for the transfer stations - how the fees can be assessed and collected other than at the station itself. The possibility of attaching a special fee to property owners tax rolls was discussed with the knowledge that this would not affect many individuals who do not own their own homes. Crack Seal Truck Replacement - Administrative Assistant Rick Bailey reported that Doug Pehrson, Road Supervisor, had called and asked about the possibility of replacing the present crack seal truck. The truck has had several repairs and is in need of another one to keep it in running condition. After discussion as to the need to make a replacement the Commission gave approval for Mr. Bailey to locate a suitable cab and chassis to be used. Sheriff's Dept Bronco/Lease Agreement - Mr. Bailey stated that they had not received the lease papers on the Bronco for the Sheriff's Department that replaced the one that had been wrecked. It has been unanimously approved and agreed upon by the Commission to acquire the use of and finance through Garff Leasing and Finance, Inc., one 1996 Ford Bronco with lights and radio costing $22884.00 for a term of 3 years, at 7.75% annual percentage rate. The first annual payment of $8238.41 will be paid on July 12, 1996, followed by 2 annual payments of $8203.93. Commissioner Redd made a motion to authorize Mr. Bailey to sign the lease papers and take care of the transaction. Commissioner Lewis seconded the motion. There were only two commissioners present at the time the action was taken. Administrative Assistant Rick Bailey's Schedule - Mr. Bailey reported that he would be at the Landfill on Wednesday and in Salt Lake on Thursday and Friday of this week. COMMISSIONER MARK MARYBOY'S REPORT Navajo Nation Budget - Commissioner Maryboy reported that he had spent the prior two weeks in Window Rock as a member of the Finance Committee working on the Navajo Nation Budget to be presented to the Tribal Council. Aneth Chapter Solid Waste - Commissioner Maryboy reported that the Aneth Chapter contract with Baker Sanitation has expired and that the Chapter would prefer to contract with the County for solid waste disposal. Mr. Capitan had indicated they had been considering either a compactor or the purchase of a roll-off unit for the Chapter. If that were the case, Mr. Bailey stated that it would have to be compatible with the Landfill truck to be able to haul it. The landfill has not been in operation for a sufficient length of time to determine what the actual costs would be in conjunction with haulage fees. Commissioner Maryboy's Schedule - Tuesday and Wednesday Commissioner Maryboy will be in Farmington visiting the Navajo Farm. After conducting an audit on the operations the Tribal Finance Committee want to review some of the programs there. Thursday and Friday he will be in his office in Aneth. Next week the Tribal Council will be in session to work on the 1997 fiscal year budget. COMMISSIONER BILL REDD'S REPORT Corp of Engineering Projects - Commissioner Redd and Administrative Assistant Rick Bailey met with John Rokich, from the State Emergency Management concerning money that was available through the Corps of Engineers for engineering and drilling projects. If there were some invested projects given to him by the 10th of July he could get those projects on the right list to get some of that service. Commissioner Redd took forms to Bluff and Mexican Hat and Mr. Tapaha was asked to visit the various chapters on the Reservation to see if he could get some projects submitted by Wednesday. Commissioner Bill Redd's Schedule - Commissioner Redd reported that he will attend the drought meeting to be held at the Courthouse at 9:00 a.m. tomorrow. He will also attend the Interagency Meeting at 9:00 a.m. on Wednesday and a Library Board Meeting at the Blanding Library at 7 p.m. on Wednesday. He will be in the Courthouse the rest of the week. COMMISSIONER TY LEWIS' REPORT - Commissioner Lewis will attend the drought meeting tomorrow. There is a Canyon Country Partnership meeting on Thursday, July 11th from 1-4 p.m. at the AOG office in Price. Commissioner Redd will accompany him to the meeting. BILLS APPROVED FOR PAYMENT Abajo Electric 3hp motor 470.25 Access Long Distance access chgs/data proc 4.09 Ascom Hasler Mailing Systems postage meter rental 110.25 Baker Sanitation service/road dept 46.00 Black Oil Company oil/emergency svc 83.03 Blanding City of utilities/road dept 551.13 Blue Cross/Blue Shield of Utah sjc claims expense 12788.04 Blue Mountain Foods vending/courthouse 1098.63 Blue Mountain Meats groceries/jail 80.69 Blue Mountain Panorama legal notice/road dept 45.90 Caselle support/jp court 235.00 Chevron USA Incorporated gasoline/sheriff dept 162.23 Commnet Cellular Inc. cell phone chgs 59.35 Conoco Incorporated gas/sheriffs dept 13.93 Crystal Inn r.bailey lodging 180.00 Days Inn - Price b.redd accommodation 36.00 Distribution Plus Incorporated supplies/co. jail 523.30 Empire Electric Assoc. Inc. utilities/road dept 1536.25 Four Corners Reg. Care Center contract meals 178.50 Four Corners Welding supplies/road dept 68.00 Frito-Lay, Inc. vending supplies 53.50 Gall's Incorporated supplies/ems 189.92 Global Equipment Company supplies/landfill 199.82 Interstate Brands Corporation supplies/co.jail 77.75 Malva N. Jones m.jones mileage reimb 10.80 KTNN ads/sjco elections 3435.00 Kimball & Roberts 95 independent audit 3900.00 Max Ksiazkiewicz travel reimb 8.00 L.N. Curtis & Sons coveralls/ems 160.00 Lawyers Cooperative Publish. us rptsd l'ed 3.1 2nd 275.50 Ty Lewis t.lewis travel reimb 70.52 Lyle Nothern Electric, Inc. repairs/cb. airport 566.24 Magic Chemical Company supplies/psb 204.45 Meadow Gold Dairies, Inc. supplies/co. jail 162.60 Meri'Loo Inc.-Hush Pumpping service/landfill 215.00 Michie ut law on disc 103.25 Mike Young Incorporated repairs/road dept 445.15 Anita Mills inmate haircuts 180.00 Monsen Engineering Company repairs/surveyor 139.29 Monticello City of utilities/psb 533.79 Monticello Mercantile supplies/queen pageant 116.26 Motor Parts Company parts/landfill 58.86 Motor Parts & Ace Hardware supplies/fire control 292.46 Motorola Inc. batteries/emergency 2949.00 National Surveying Equipment map paper/surveyor 138.59 Gail M. Northern cell phone reimbursement 47.61 Olympus Hotel & Conf.Center b.redd accommodations 110.00 Packard Wholesale Co. supplies/commissary 62.64 Parley Redd's Food Town 4-h horse camp 174.42 Parley Redd's True Value supplies/landfill 332.86 Professional Armaments supplies/sheriff 23.70 William B. Redd may/travel reimb 426.08 Riverview Service Station oil/elections 3.98 Sa-So Company supplies/ems 168.25 San Juan Building Supply, Inc. lock/bluff senior center 14.01 San Juan County gasoline/surveyor 120.18 San Juan Health Care Service s.laroque 728.29 San Juan Pharmacy pharmist hours 1044.03 San Juan Record public notice/board 671.76 Sonderegger, Inc. cedar point fire station 21066.00 Soeast Ut. Dist. Health Dept. respite care 5437.79 State of Utah Central Stores office supplies 113.00 Tri-Hurst Construction Inc. shop bldg/landfill 44587.40 Utah Local Governments Trust workers' compensation 8702.51 Utah Power utilities/road dept 50.08 Utah State Tax Commission 2nd qtr sales tax 981.26 Utah State Treasurer 85% surcharge 10629.45 Vegetation Management Services lowvol6 chem 96.00 Woody's Enterprises, Ltd. unleaded/road dept 4236.03 Betty Yazzie b.yazzie travel reimb 128.82 Output Technology Corp printer/data process 345.00 Circle B. Enterprises lasal & ert 440.00 Pearl Lewis raffle prize 140.00 Dessco supplies/road dept 14.22 A C Fence Company field fence & wire 1223.00 Salt Lake Hilton b.redd accommodations 135.95 Diana Bauer queen pageant judge 100.00 Best Western-Gallop Inn r.bailey accommodations 56.81 Homer Dale cedar posts 615.00 Tauna Degraw film development 10.00 Richard Geddes queen pageant judge 100.00 Kathleen Jorgensen queen pageant judge 100.00 Roche Diagnostic Systems drugs/sheriff 332.00 Royce's Electronics Inc. battery/fire 15.99 Dan Shupe travel reimb 8.00 Brad Stow unleaded/cedar point 117.22 Utah State Office of Education transportation chgs 204.62 There being no further business the meeting adjourned at 2:30 p.m. ------------------------------- ------------------------------ Ty Lewis, Chairman Merna Johnson, Deputy Clerk