SAN JUAN COUNTY COMMISSION MEETING MAY 12, 1997 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the County Commission Chambers at Monticello, Utah. Present: Ty Lewis, Chairman Mark Maryboy, Vice-Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant Gail Northern, Clerk A motion to approve the minutes of the May 5, 1997 meeting as written was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Bluff Master Plan At 10:00 A.M. there was a public hearing regarding the Bluff Master Plan. Stan Johnson, San Juan Special Service Area #1 Chairman, noted two amendments to the Master Plan. They are: 1. Section B (5) (a) (ii) under IV Policies (page 18) is to be deleted. 2. The section entitled "Commercial ("C") Future Land Use Category" under V Future Land Use (page 23) is to include the following additional sentence: "In addition, the "C" Category may be permitted within areas up to one and one-half (1 1/2) blocks off the highway where compatible with adjacent and nearby uses." Mr. Johnson added that the Master Plan is a document of the visions, goals, and concepts arrived at by the community. It is a community plan and is subject to amendment at any time. The hearing was then open for public comment. John LaBounty - Bluff resident and gallery owner 1/2 block off Main Street. Mr. LaBounty stated that there are zoning mistakes in the Master Plan. The "Future Land Use Map" in the Plan is incorrect and should be removed and he is concerned with the "may" language in the amendment on page 23. He also stated that there was a petition signed which had been ignored by the planning committee regarding concerns about the zoning proposal. Mr. LaBounty requested that the Commission table this matter until the problems are resolved. Judy Savarese - Bluff resident and owner of the River House Inn. Ms. Savarese requested the Commission table the passing of the Master Plan which she sees as flawed and allow the community time to make the necessary corrections. John Bond - Bluff resident and owner of the Calibre Bed and Breakfast. Mr. Bond reiterated the concerns of the other speakers and asked for equal treatment for all property owners. Mr. Bond mentioned the requirement by Utah Code to have correct and adequate minutes of all public meetings. This reference would include the public meetings regarding the work on the Master Plan. Craig Simpson - Bluff resident and property owner. Mr. Simpson expressed his concerns with the Cottonwood Addition and the fact that the petition mentioned earlier was ignored. He feels that changes are easier to make now than later. The zoning document is being worked on presently and the Master Plan should tie to that document. Mr. Simpson would like to see the passing of the Master Plan tabled. Galen Headley - Bluff resident and owner of the Cadillac Ranch and the Coral Sands RV and Mobile Home park. He feels that the plan is premature until the zoning is completed. The two documents (zoning ordinance and master plan) should agree. He stated that the Master Plan will affect later land use. Bruce Bunker - San Juan County Assessor and Building Official. Mr. Bunker is in opposition to the Plan if the County is to remain the administering body. Jonathan Till - Bluff resident. Mr. Till stated that the zoning work group is discussing fee schedules to cover the costs of administering the zoning ordinances. Jim Hook - Bluff resident and business owner. Mr. Hook sent a fax containing his comments regarding the Bluff Master Plan. He requests that the Commission approve the Bluff Master Plan, as changes can be made in the future. Commissioner Bill Redd made a motion to accept the Bluff Master Plan as a general guiding document and not in its specificity. Section B (5)(a)(ii) under IV Policies (page 18) is to be deleted. The "Future Land Use" map is to be removed from the document. The section entitled "Commercial ("C) Future Land Use Category" under V Future Land Use (page 23) is to include the following additional sentence: "In addition, the "C" Category shall be permitted within the Cottonwood Addition up to one and one-half (1 1/2) blocks off the highway where compatible with adjacent and nearby uses." The specifics will be left to a future zoning ordinance. The zoning ordinance and a mill levy to administer such ordinances must be approved by a vote of the citizens of Bluff. The motion was seconded by Commissioner Mark Maryboy. UNANIMOUS. Mr. Craig Simpson objected to the language in the motion regarding the mill levy. Mental Health/Substance Abuse-Dan Rogers/Robert Johnson Building Mr. Rogers discussed with the Commission the options regarding the Mental Health building in Blanding. The County owns a lot 210 x 210 adjacent to the present Senior Center. Mr. Rogers, Dell Hunter, and Frank Morrell will look into the possibilities at that location. Boardmembers The Mental Health/Substance Abuse Board needs to be in place by the first part of June. At this time they are still lacking a boardmember from the Blanding area. Commissioner Redd will assist in finding a boardmember. Mental Health Conference Mr. Rogers feels it is important for a Commissioner to attend the upcoming Mental Health Conference. Commissioner Redd will most likely attend. County Match Mr. Rogers stated that the County match has increased this year from $45,000 to $55,000 for Mental Health and Substance Abuse. Kent Walter, BLM Area Manager Oil and Gas Lease Parcels Mr. Walter presented the following letter to the Commission: _____________________________________________________________________ United States Department of the Interior OFFICE OF THE SOLICITOR Washington, D.C. 20240 May 7, 1997 To: G. William Lamb, State Director Utah State Office Bureau of Land Management From: Paul B. Smyth, Acting Associate Solicitor Division of Land and Water Resources Office of the Solicitor Subject: Oil and Gas Lease Offerings Within H.R. 1500 Areas We have been advised that twenty-four parcels of land nominated for the next oil and gas lease sales are within areas included in H.R. 1500, the proposed Utah wilderness legislation. We understand that you are about to analyze these tracts on a case-by-case basis to determine whether they should be offered and that this review may include some consideration of their wilderness characteristics, among other things. As you are aware, the State of Utah and others filed suit last October in the United States District Court in Utah challenging the BLM's 1996 wilderness inventory of lands within H.R. 1500. The plaintiffs sought to enjoin the Secretary and BLM from collecting information about the wilderness characteristics of these public lands. Judge Dee Benson issued an injunction on November 18, 1996, prohibiting BLM from conducting further work on the "Utah Wilderness Review" until the lawsuit is resolved. In his order, Judge Benson questioned the statutory authority of the Secretary of the Interior to conduct an inventory of Utah's public lands to assess their wilderness characteristics. Please do not conduct such a case-by-case review, nor offer the twenty- four parcels involving H.R. 1500 lands, until the Solicitor's Office, in consultation with the Justice Department, can determine the affect of the injunction on this review. _____________________________________________________________________ Americorp Mr. Walter requested that the Commission write a letter of support for the Cooperative Management Agreement and Americorp Project to the Utah Commission on Volunteers. Indian Creek Recreation Corridor June 2, 1997 at 1:00 there will be a work session regarding the Indian Creek Recreation Corridor Plan. Elk Mountain Road This Wednesday, the BLM will meet with Doug Pehrson, County Road Supervisor, on the Elk Mountain road. The BLM will do the NEPA in a timely manner. San Juan River Evulsion Mr. Walter reported that he would be able to provide the Commission with a report on the San Juan River evulsion within the next couple of weeks. Weed Contract Max Black, County Weed Supervisor, reported that the County has renewed its weed spraying contract with the BLM in the amount of $6,000. Sheriff Department/Mike Lacy Procurement A motion to approve the purchase of two (2) Spectra, TA9FW/078W, 128 Channel, 110 Watt, vehicle radios from the state bid at $1,530.00 each for a total of $3060.00 was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Grant Application Sheriff Lacy presented a Crime Scene Investigation Grant application in the amount of $7,670 with a 25% County match in the amount of $1,917.50. A motion to approve and sign the grant application was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. County Credit Card Sheriff Lacy requested the Commission consider a County credit card for emergency travel purposes. The Commission directed Personnel Director Ed Scherick to investigate the possibilities and draft a policy. Bullfrog Meeting Sheriff Lacy reported that he and Commissioner Redd attended a meeting at the Bullfrog Marina with representatives from the Sheriff's departments from Garfield and Kane counties. The discussion centered on the need for a full time deputy in the area. The three counties will work together on this project. Resolution/UAC Building Financing RESOLUTION NO. 1997-02 A resolution of the Board of County Commissioners of San Juan County, Utah (The "County") authorizing and approving the execution of a lease/purchase agreement, dated as of May 15, 1997 (The "Lease"), by and between the Utah Association of Counties (The "Association"), as Lessee, and Zions First National Bank, as Lessor (The "Trustee"); authorizing the execution, sale and delivery by the Trustee of Certificates of Participation, Series 1997, in the total principal amount of $1,710,000, representing a proportionate interest in the Association's lease payments under the lease; authorizing the execution by the Association of an indenture of trust and pledge, a ground lease agreement and other documents required in connection therewith; authorizing the acquisition of land and the leasing of said land to the trustee pursuant to a ground lease agreement; authorizing the taking of all other actions necessary to the consummation of the transaction contemplated by this resolution; and related matters. The action to approve the Resolution as written was tabled until changes could be made regarding the County's share of the assessment for the financing of the UAC building. A motion to approve the Resolution with changes in county financing arrangements based upon assessed value, not a fixed contract unchanging with valuation changes, was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Linda Black Ms. Black asked Commissioner Maryboy about the State's responsibility for the $200 million (instead of $60 million) in regards to the Utah Navajo Trust Fund. Commissioner Maryboy responded that she would need to speak to attorney John Pace regarding this accounting. School District Bond Election Ms. Black stated her dissatisfaction with the recent School District Bond Election. She believes the citizens were lied to, manipulated, and black mailed into voting for the bond. If the citizens had been better educated the bond would not have passed. Racial Discrimination Ms. Black quoted from an article where Commissioner Maryboy apparently had made a remark about racial discrimination. Ms. Black stated that she felt that it was racial discrimination that Commissioner Maryboy could hold two elected offices and that the other commissioners could not. Assessor Bruce Bunker/WilTel Decision County Assessor, Bruce Bunker, informed the Commission of the State Tax Commission's decision regarding the WilTel Communications appeal. The decision excluded from property taxation, intangible property such as franchises, goodwill, trade secrets, etc. Mr. Bunker discussed his concern over these large companies receiving a tax reduction for intangibles. He questioned whether homes, farms, and small businesses should also receive this reduction. He is also concerned that taxing entities may be unable to generate the amount of tax revenue they budgeted if they are already at or close to their tax rate maximums. Mr. Bunker will send letters to the local taxing entities to inform them of the possible problems stemming from this decision. He has also sent a letter to the State Tax Commission requesting an extension of the time, to June 10, 1997, to complete the County assessment roll. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Building Permits A building permit was presented for Rich and Sheila Monson for a home in the Blanding area. A motion to approve the building permit was made by Commissioner Redd and seconded by Commissioner Lewis. Commissioner Maryboy was not present at the time the action was taken. A building permit was presented for Faye Belle for RV park restrooms in Bluff. A motion to approve the building permit contingent upon approval by the Health Department was made by Commissioner Redd and seconded by Commissioner Lewis. Commissioner Maryboy was not present at the time the action was taken. Road Improvements on S.R. 191 Administrative Assistant Rick Bailey presented the list of County recommendations for improvements on S.R. 191. The Commissioners need to study the list and choose the top four priorities by next Monday. PERSONNEL/PLANNER EDWARD SCHERICK'S REPORT Request to Hire The name of Phillip Garcia was submitted for temporary hire on the pumper crew at Grade 4 Step 1, $6.18 per hour effective immediately. The names of Nathan Halls and Mike Shupe were submitted for temporary hire on the weed spraying crew at Grade 1 Step 1, $5.50 per hour effective immediately. A motion to approve the hiring of Phillip Garcia, Nathan Halls, and Mike Shupe was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. SUMMO Intervener A motion to approve San Juan County as an intervener on the SUMMO appeal was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Elk Mountain Road Mr. Scherick reported that he sent a letter to Kate Kitchell, BLM District Manager, regarding the work on the Elk Mountain Road. Meetings Oil and Gas Lease May 20, 1997 at 10:00 A.M. at the Courthouse there will be a meeting to discuss oil and gas leases. Oil companies, permitting companies, mining companies, etc. will be in attendance. Sage Grouse May 13, 1997 at 7:00 P.M. there will be a meeting regarding Sage Grouse. COMMISSIONER MARY MARYBOY'S REPORT Welfare Reform Last week Commissioner Maryboy attended a welfare reform discussion in Blanding. The emphasis was to try to create new jobs for those coming off assistance. Commissioner Maryboy feels there must be support from the government to make this work. Tri-County Meeting There will be a Tri-County meeting tomorrow in Ganado. Commissioner Maryboy will be in Window Rock in the morning and will try to attend the Ganado meeting in the afternoon. Norman Begay Complaint Mr. Norman Begay contacted Commissioner Maryboy regarding the complaint he raised with the Commission last week. The complaint was reflected in the minutes of the May 5, 1997 meeting. SSBG Application Monument Valley High School has requested an SSBG application. Lillian Taylor will send an application to Ms. Pat Seltzer, Monument Valley Principal. Supplemental Requests Commissioner Maryboy reported last week that Albert Hale, Navajo Nation President, vetoed the supplemental requests. This week Commissioner Maryboy reported the possibility of the veto being overridden by the Council. Workforce Advisory Council Commissioner Maryboy expressed his desire to have Native Americans serving on the Workforce Advisory Council. Art Show and Conference Commissioner Maryboy reported that there would be an art show and conference Saturday, May 17, 1997, all day in Bluff. COMMISSIONER BILL REDD'S REPORT Last Week Commissioner Redd opened the bids last week for the South Hatch Road and the Bluff Airport. Commissioner Redd attended the meeting at Bullfrog Marina with Sheriff Lacy regarding the discussion of a full time deputy in that area. Kane County, Garfield County, and San Juan County all participated in the discussion. Thursday, Commissioner Redd attended the State Trust Lands meeting in Moab. Meetings This Week Canyon Country Partnership meeting Wednesday, May 14, 1997. Utah Local Governments Trust meeting Friday, May 16, 1997. COMMISSIONER TY LEWIS' REPORT Last Week Commissioner Lewis attended the Transportation District meeting where they awarded the South Hatch Road and Bluff Airport bids. Commissioner Lewis was a presenter regarding the recent San Juan County drought at the Statewide Water meeting. Meetings This Week There will be a Tri-State meeting in Ganado tomorrow. Commissioner Lewis will be speaking about the BIA Road agreements. Commissioner Lewis will attend the Sage Grouse meeting tomorrow evening. Friday, Commissioner Lewis will attend a meeting with the Governor and Lieutenant Governor regarding economic growth and rural development. BILLS APPROVED FOR PAYMENT Skelton, Inc. gravel/road dept 38756.25 AAA Spring Specialists Co. supplies/road dept 143.09 Jaren Adams witness fees 17.00 L. Greg Adams vending supplies 366.57 Amerigas - Blanding proplane/mc rd shed 681.02 Aneth Chapter four states tire/reimb. 55.00 Blanding City aging/utilities 984.31 Blanding Clinic pysical/pieter haller 62.00 Blanding Electronics typewriter repair/m.l. 124.00 Blue Cross/Blue Shield of Utah sjc claims 23804.31 Blue Mountain Foods supplies/sheriff 737.64 Blue Mountain Meats supplies/extension 1124.81 Blue Mountain Panaroma ad/fair rodeo royality 552.18 Boyce Equipment & Parts Co. parts/road dept 387.33 D.Bruce Bunker travbel reimb./assessor 305.33 Butterfield Ford passenger vans/aging 89560.00 Cate Equipment Company parts/road dept 24.16 Caun-Cod. Incorporated filters/road dept 189.51 Century Equipment Co. parts/rd dept 247.43 Citizens Telecom phone chgs/extension 69.62 College of Eastern Utah veh inspect recertification 340.00 Crystal Inn r.bailey accom 69.00 Delux Business Forms & Supp. p.o. forms/commission 149.61 Demco supplies/b.lib. 150.79 Distribution Plus Incorporated supplies/jail 140.81 Drive Train Industries, Inc. bearings/rd dept 247.91 Empire Electric Assoc. Inc. utilities/psb 3528.71 F H. Miller Jr. parts/road dept 114.02 First Security Leasing Co. cb airport fuel truck 736.19 Flowers Honey Pots unit rental/mont cr 100.00 Four Corners Reg. Care Center contract meals 294.00 Four Corners Welding supplies/rd dept 130.64 G.O. Miller D.D.S. inmate dental 163.00 Gall's Incorporated supplies/ems 76.96 Gascard, Inc. gasoline/road dept 6247.55 Gateway 2000 supplies/ems 88.00 Global Computer Supplies film/comm 158.37 Great Basin Trucks, Inc. bearings/rd dept 347.38 Marrietta Hatathle cleaning srv 5/5-5/9 25.00 Lyon W. Hazleton II travel reimb. 365.00 Heitage Tractor Co. L.L.C, parts/rd dept 69.94 Hondaland motor/overhaul/rd dept 469.46 Horne/s Howard Johnson bayles accom./sheriff 45.00 IBM Corporation - WBF maintenance agreement 95.45 Intermountain Farmers Assoc. tank/fire 537.00 Intermountain Jobbers windshield/rd dept 288.18 Interstate Brands Corporation supplies/jail 75.30 Jaaco Distributing supplies/rd dept 126.64 Kar Products Incorporated supplies/rd dept 514.10 Keefe Supply Co. supplies/jail. 150.96 Jim Keyes trave reimb. 189.50 Kimball Electronics, Inc. batteries/ems 62.75 L.N. Curtis & Sons supplies/ems 561.97 Meadow Gold Dairies, Inc. supplies/jail 356.40 Micro Warehouse, Inc. supplies/aging 25.90 Mike Young Incorporated parts/rd dept 150.59 Monsen Engineering Company suppliees 966.88 Monticello Days Inn haven/barnett lodging 85.00 Monticello Mercantile bolts/road dept 92.24 Frank L. Morrell travel reimb/cortez 50.22 Motor Parts supplies/landfill 31.61 Motor Parts & Ace Hardware supplies/fire 374.56 Mountainland Supply Co. supplies/ems 22.59 Benjamin L. Naranjo witness fees 17.00 National Fire Protection Assoc. membership/ems 95.00 Navajo Times subscription/clerk's 45.00 Navoja Westners supplies/oljato sr c 75.01 Nu-Way Western Wear Rodeo Queen/js county 201.90 Oljato Chapter reimbursement for t. 528.00 Parley Redd's Food Town supplies/aging dept 100.81 Parley Redd's True Value drill bit/rd dept 49.31 Dr. Joel G. Porter, M.D. inmate medical 901.00 Provo Park Hotel jaren adams accom 55.00 Quill Corporation purchasing supplies/ 85.56 Radiology Assoc. of Durango PC f.wright/sjc 129.00 Red Mesa Chapter reimb. for e. john 720.00 Reliable supplies/sheriff 293.93 Ross Products Division supplies/aging 1311.56 San Juan Building Supply, Inc. supplies/blanding tr 789.83 San Juan County Library (m) postage 90.19 San Juan Health Care Services lori brandt 752.14 San Juan Pharmacy supplies jail 2232.40 San Juan Pharmacy sjc employee presc 652.35 San Juan Record supplies/sheriff dept 344.50 Schmidt Signs door decal/fire 495.00 William Schultz transcript billing/j.muss 1302.75 Share Corporation supplies/b.lib 137.93 Dayne Shumway travel reimb 68.25 Sierra Machinery of New Mexico starter/red mesa 1137.96 Sierra Petroleum, Inc. diesel/red mesa 601.24 Six States Distributors parts/rd dept 253.04 Garth W. Skouson, M.Ed psycho-socia eval 275.00 Snap-On Tools Corporation supplies/road dept 212.00 Spillman Data Systems Inc. yearly maint/sheriff 7275.00 St. George Hilton Inn d.shumway accom 172.80 Sysco Intermountain Food Svc. supplies/jail 680.69 Teecnospos Chapter reimb. for l.king 432.00 Tel America, Inc. tel america chgs 403.23 Texaco Refining & Marketing gasoline/rd dept 214.62 Utah Local Governments Trust workers comp premium 5892.25 Utah Power utilities/mh fire 52.91 Utah State Treasurer 85% surcharge 6939.57 Wal-Mart Store #01-0966 supplies/aging dept 574.60 Warner Super Ford Parts Store parts/rd dept 219.50 Warner Truckland parts/rd dept 79.94 Wheeler Machiney Company parts/rd dept 414.27 Woody's Enterprises, Ltd. diesel/rd dept 5703.03 Betty Yazzie travel reimb. 352.13 Bessie J. Holiday travel reimb. 1200.00 Kirk Crowley travel reimb./fire ch 8.64 Bug Raby travel reimb/fire chief 14.04 Agland Inc. parts/rd dept 1186.94 Utah State University clerical agreement m 1465.61 Professional Collections, Inc. l.Begay 91.81 Ut State University Bookstore sjc extension ofc/po 35.98 Eugene V. Bunderson travel reimb. 120.42 Montezuma Creek Vol.Fire Dept. travel reimb. fire ch 33.48 Uinta Business Systems computer/copier-book 1472.00 Emergency subscription/ems 23.95 Ritz Camera projector/mc fire 447.51 Gardenswartz team sales recreation equip/aneth 1250.50 Adam's Mark sylvia zhonnie accom 349.75 A & e. Generator Inc. unit repair/rd dept 244.67 A B Consulting Co., Inc. contour upgrade/surveyor 289.00 Adler Video Systems, Inc. cameras/sheriff 1026.50 American Fence Company, Inc. chainlink/landfill 1825.00 Aon Risk Servicex airport liability co. 8932.00 Archaeological Institute of Am ad/four corners coop 2193.00 Jarmon Irrigation, Inc. supplies/aging 275.10 Jetcenter, Inc. fuel/sheriff 193.21 Don R. Muller staff training 212.42 Northwest Financial refund/civil service 66.00 Park Central, Inc. replacement cassette 105.93 Ramada Inn f.morrell/accom 220.00 Rockland Ranch Inn pete guttman accomm 90.00 Rescue Systems Inc. supplies/search & rescue 792.70 TCC, Inc. pilt reports 45.00 Titan Shops refund/returned sj h 36.00 Utah National Guard Billeting contract billeting 352.00 Warehouse Outlet supplies/aging 14.67 JoAnn Wilcox travel reimb. 156.84 Robert Wilcox travel reimb. 40.50 Zia Sporting Goods sport Equip/red mesa 256.30 Dura Crete, Inc. supplies/landfill 1470.00 Adjournment: The meeting adjourned at 2:10 P.M. --------------------------- ------------------------------ Ty Lewis, Chairman Gail M. Northern, Clerk