SAN JUAN COUNTY COMMISSION MEETING APRIL 9, 2001 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Ty Lewis, Chairman Mark Maryboy, Vice-Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant LaVee Scherick, Deputy Clerk A motion to approve the minutes of the April 2, 2001 meeting as written was made by Commissioner Bill Redd and seconded by Commissioner Mark Maryboy. UNANIMOUS. Canyonlands Travel Region Peggy Humphreys, Travel Council, requested the Commissioners meet with Canyonlands Travel Region on April 16, 2001 at 9:00 A.M. in the Courthouse. Vehicle Lease/Lorraine Thomas Lorraine Thomas, Montezuma Creek, reported to the Commission that she has leased a car from a dealership in Colorado. She came to San Juan County Assessors office to obtain the license plates and was required to pay property tax before given the plates. She stated she has leased vehicles before and has been tax exempt and wanted to know why she had to pay the taxes. County Assessor Bruce Bunker stated that titles to vehicles leased from dealerships are in the dealership name and not the name of the individual leasing the vehicle until the lease is completed or the vehicles purchased. Lease companies do not qualify for tax exemption. A question was raised concerning what the differences are between leasing and financing a vehicle. The Commission asked Administrative Assistant Rick Bailey to write a memo to the County Attorneys office requesting them to ask for an opinion from the Attorney Generals office or the Utah State Tax Commission on this issue. Montezuma Creek Elementary School/Income Tax Commissioner Maryboy reported their is a dispute as to whether or not the Montezuma Creek Elementary School is on Reservation land or State land. This year those working at the school are required to pay a certain amount of income tax on that. The County Attorneys office will contact the State Tax Commission or the Attorney Generals office for clarification. Johnson Creek Road #285/Chris Webb Cris Webb, Blanding City Manager, stated he met with Road Supervisor Doug Pehrson concerning issues on the Johnson Creek Road #285. He stated that Road Supervisor Doug Pehrson suggested Blanding City become involved in help in moving the city owned water line and pay for the cost of the water line pipe. Mr. Webb stated he met with the city council and estimated the cost of the pipe to the city would be approximately $10,000. The city council is willing to work with the County on the project and are willing to pay the $10,000 for the pipe. In exchange for the purchase of the pipe the City has asked the County to abate the taxes on existing property tax that was past due on property that is owned by the City of Blanding but was transferred to the City with property tax due on the parcels. The Commission requested that Administrative Assistant Rick Bailey facilitate the issue in the road agreement. ATV Road Issues/Blanding Blanding City Manager Chris Webb discussed with the Commission issues concerning right-of-way easements along side the roads identified for ATV access out of town to public lands. He asked the Commission allow ATV access on roads, set speed limits, and rules. Chris Webb suggested Blue Mountain Road across Pinon Ridge to Radio Hill, the Dump road and the Round the World road be used for access. Commissioner Lewis also suggested that someone go to Richfield, Utah and look at what kind of signs are used, patrol, and speed limit in their ATV system in that County. Deputy County Attorney/Walter Bird Personnel Secretary Lillian Bayles introduced Walter Bird, the new Deputy County Attorney, to the Commissioners. Board of Equalization Appeal The State Tax Commission will be in the county to conduct a Board of Equalization Appeal on April 12, 2001 at 9:30 A.M. Bid/Computers-Libraries ITS Manager John Fellmeth presented a bid for six Pentium, 850 MHZ computers from High Country Computers for the Blanding and Monticello Libraries at $862.69 each for a total of $5176.14 and from Dell Computers for the same at $6288. Commissioner Bill Redd made a motion to approve the purchase of the computers from High Country Computers. Commissioner Mark Maryboy seconded. UNANIMOUS. Bid/Computer-Deputy County Attorney Personnel Secretary Lillian Bayles presented a bid from High Country Computers for a Pentium 850 MHZ computer for the Deputy County Attorney office at $862.69 and from Dell Computers for the same at $1048. Commissioner Bill Redd made a motion to approve the bid from High Country Computers. Commissioner Mark Maryboy seconded. UNANIMOUS. Bid/Computer-Surveyor David Bronson, Survey Dept., presented a bid for a Pentium 1GH computer from High Country Computers for the Survey Department at $861.42 and from Dell Computers for the same at $948. Commissioner Bill Redd made a motion to approve the bid from High Country Computers. Commissioner Mark Maryboy seconded. UNANIMOUS. Bid/Mini Wheel Roller Administrative Assistant Rick Bailey reported that Road Supervisor Doug Pehrson requested to purchase another mini wheel rubber roller for the North Road District. The company will sell it for the price of the other rollers purchased last year. Commissioner Bill Redd made a motion to approve the purchase. Commissioner Ty Lewis seconded. UNANIMOUS. Legal Defense/Commissioner Mark Maryboy County Attorney Craig Halls and Attorney Doug Short met with the Commissioners concerning insurance coverage and legal defense for Commissioner Maryboy and the other commissioners. Commission meeting was recessed while County Attorney Halls briefed Commissioners Lewis and Redd individually on Attorney Doug Shorts proposal for providing legal council for Commissioner Maryboy. Commissioner Bill Redd made a motion that the County will request from UAC Mutual, Truck, and St. Paul Insurance explanation of coverage, and obligations necessary for separate council for Commissioner Ty Lewis, Commissioner Mark Maryboy, Commissioner Bill Redd, Administrative Assistant Rick Bailey, and County Attorney Craig Halls and for the total of these cases both as individuals and/or as collectively needed. Commissioner Lewis passed the chair and seconded the motion. Commissioner Maryboy stated there is a motion and a second to the motion. Commissioner Maryboy stated for the record: From the beginning we have been receiving letters from the attorneys and reviewing the cases. I think is pretty clear from the problems we are talking about today. I think we have been in contact with UAC and basically they have been hard to work with. Maybe it is because I am Navajo and it would be interesting to see how this would work out. So with those remarks I would abstain from the vote but the vote carries with two votes and one abstaining. PLANNER-PERSONNEL EDWARD SCHERICK'S REPORT Blanding Senior Center Director/Marie Nielson Personnel Director Edward Scherick reported that Blanding Senior Center Director Marie Nielson passed away on April 7, 2001. Assistant Blanding Librarian/Resignation Personnel Director Edward Scherick reported that Susan Raisor, Assistant Blanding Librarian, resigned on April 6, 2001. Weed Department Max Black, Weed Department, has requested to hire an inmate eligible for work lease to help with the summer weed program. The request was approved. Wright Water Engineers/Water Measuring Instruments Planner Scherick reported water gages are needed if water projects are to continue. Three gaging stations are needed at Coal Bed; Spring Creek, and North Creek. Total cost for the gages is $69,300 with USGS to contribute to half the cost. The Soil Conservation District will donate $1,000. It is proposed to split the remainder of the cost between the County and Monticello City. Maintenance and Operation costs of $36,000 per year will be split between USGS, Monticello City, and San Juan County. Commissioner Bill Redd made a motion to proceed. Commissioner Mark Maryboy seconded. UNANIMOUS. Reservoir Site/Corey Perkins Planner Scherick report Corey Perkins, Blanding would like to show the Commissioners a site on his private property for a reservoir that he feels is better than the one Wright Water Engineer has picked out. A tour of the site will be scheduled Motor Cross Planner Scherick reported Kim Hoggard is asking for in kind participation from the County. Mr. Hoggard needs some preliminary cost estimates on road cuts and culverts, etc. County Engineer Doug Pehrson would be willing to review if it is acceptable to the Commission. If it is a city project this could be worked out through an agreement with the city. If it is a private project he will have to complete it on his own. Road Lawsuit/Affidavits Planner Scherick spoke with Road Attorney Steve Urquhart concerning the problem with the road affidavits. He requested they be sent back to him before they are sent to Salt Lake for final approval. Gooseneck State Park Expansion Planner Scherick showed a map with the proposed Gooseneck State Park Expansion proposal. There will be a meeting in May to discuss the next step. Schedule There will be a spotted owl meeting this afternoon at 1:00 P.M. On April 10, 2001 Planner Scherick will meet with USGS. Planner Scherick will attend a Road meeting in Salt Lake City on April 12, 2001. On April 19, 2001 Planner Scherick and Don Andrews, Natural Resource Conservation, will meet with Mark Page to discuss water rights. On April 24, 2001 there will be a National Park Service meeting at the Courthouse to discuss the Salt Creek Road closure. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Building Permits A building permit was presented for David Swafford, LaSal for an additional to residence in LaSal. Commissioner Bill Redd made a motion to approve the building permit. Commissioner Mark Maryboy seconded. UNANIMOUS. Grand County Water Conservancy District Administrative Assistant Rick Bailey reported that the Grand County Water Conservancy District would like to meet with the Commissioners tomorrow at 9:00 A.M. in the courthouse. Commissioner Lewis will not be here. Monticello Cemetery District/Resignation Administrative Assistant Bailey stated the County received a letter from Darroll Young, Monticello Cemetery District Chairman. He submitted his resignation from that position because of health reasons. Private Motor Cross/Insurance Administrative Assistant Bailey reported he has received a request from Kim Hoggard that the County Commission consider lowering the amount of the insurance that is required or waive the entire insurance requirement as a whole. The County cannot waiver insurance for private individuals. Schedule Administrative Assistant Rick Bailey will attend a National Weather Service meeting in Moab this afternoon. There will be an Abajo Peak Association Users meeting on April 11, 2001 in Moab. COMMISSIONER MARK MARYBOY'S REPORT Commissioner Maryboy reported that TV reception south west of the Red Mesa Chapter is very poor. Commissioner Maryboy reported that HOPE Alliance from Park City will be in Oljato and Montezuma Creek on April 9-10, 2001 and are providing medical and vision clinics for low income people on the Utah portion of Reservation. A report was received from the Four Corners Enterprise Zone stating they have reached several milestones. After reviewing the goals reached on the Utah side of the Reservation it was concluded the Chapters and the County had already accomplished those goals. They are now applying for the third round of funding. In Commissioner Maryboy's opinion they have not accomplished on the Utah side of the Reservation those things the Enterprise Zone said they would do. Commissioner Maryboy feels a letter should be written to the Executive Director, Larry Rogers, expressing the County concerns. Last week Commissioner Maryboy was in Salt Lake City meeting with Brian Barnard who is working with the Utah Navajo Trust Fund lawsuit. There is a court hearing on April 30, 2001 to decide whether the burden of proof will be placed on them or not. Commissioner Maryboy will be in Window Rock on April 10, 2001 attending the Health and Social Services committee meeting. There will be a Tri-County meeting on April 12, 2001. This will be his last meeting as chairman. The new chairman will be the San Juan County Commissioner from Farmington, NM. Commissioner Maryboy stated he has spoken with the Navajo County Road Engineer. He is recommending that San Juan County Engineer Doug Pehrson be encouraged to attend their meetings. COMMISSIONER TY LEWIS' REPORT Commissioner Ty Lewis and Administrative Assistant Rick Bailey were in Washington D.C. at the Natural Resources Department on March 31-April 3, 2001. They discussed San Juan County water projects. They also met with Congressman Chris Canon, Senator Orin Hatch, and Robert Bennetts offices. He felt like they were receptive to the County ideas. The commissioners will meet with Canyonlands Travel Council on April 16, 2001 at 9:00 A.M. Commissioner Lewis will attend the Board of Equalization Appeal hearing on April 12, 2001. COMMISSIONER BILL REDD'S REPORT Commissioner Bill Redd attended the State Legislation and GPS Committee meeting. In order for funding for counties under the GPS committee to get roads done it was decided for the attorneys to write the criteria list necessary for the court actions on the roads. The GPS committee would then fund each county $1,000 per road to make sure that everything is in order. Commissioner Redd will attend CIB meeting on April 12, 2001. BILLS APPROVED FOR PAYMENT Amerigas-Blanding 247.53 AT&T Wireless Service 8224 6.40 AT&T-8522 29.48 BG Distributing Inc. 691.55 B.C.L. Distributing 1619.28 Bayles, Lyle 453.00 Best Western Carriage House 91.20 Black Oil Company 37.78 Black, Jeff 174.00 Blanding City 1315.19 Blanding Justice Court 800.00 Blue Mountain Foods 709.50 Blue Mountain Meats 19.40 Blue Mountain Panorama 111.75 Boyd Coffee Company 190.68 Bradford Tire 99.45 Bradford, Steve 99.00 Brodart, Inc. 155.55 Business Systems Group, Inc. 230.00 C L Young Co. 200.00 Camp Williams Billeting 650.00 Car Care Center 282.97 Carte Graph 495.00 Cate Equipment Company 136.56 Cedar Mesa Products Co. 1201.10 Chemco Chemical Company 1806.34 Christensen Factory Parts 697.50 Citizens Communications 153.56 Classic Aviation 2804.93 Consolidated Plastics Comp. 21.18 Cortez Diesel Sales, Inc. 199.93 Crawford Supply Co. 170.64 Curtis Industries, Inc. 121.89 Dartek Computer Supply Corp. 83.57 Earthgrains Baking Company 52.80 Empire Electric Assoc. Inc. 2510.27 Enviro Technologies, Int. 101.42 Family Mill 120.00 Farm Center 281.02 Four Corners Welding 118.66 Four States Tires 795.10 Frontier Internet 30.00 Getgo Imaging 325.20 Grand Valley Foods 2091.20 Grover, Preston 20.00 Hallway Enterprises 48.13 Hampton Inn-Provo 111.66 Hampton Inn-St. George 65.00 Hensley Battery & Electrical 217.62 High Country Computers 1075.35 Hills Auto Supply 209.36 Hobart Corporation 29.65 Holiday Inn-SLC Airport 204.00 Humphreys, Peggy 67.05 Imlay, John 150.00 Intermountain Jobbers 135.00 J.C. Hunt Co., Inc. 444.64 J.M. Custom & Industrial Weld. 40.00 Jaaco Distributing 121.56 Jerry Seiner 107.05 Keefe Supply Co. 450.24 Keyes, Jim 116.00 Komatsu Equipment Company 164.18 LaSal Store 17.49 Lacy, B. Mike 124.00 Lawson Products, Inc. 78.32 LeBlanc, Heidi 88.80 Leisure Arts 24.91 Lewis, Ty 677.10 Maloy, William 20.00 Maptech, Inc. 306.85 MC Printing 480.00 Meadow Gold Dairies, Inc. 391.20 Medical Priority Consultants 200.50 MFE West, Inc. 33.46 Monticello City 730.08 Monticello Mercantile 163.75 Motion Industries, Inc. 278.76 Motor Parts 18.09 Motor Part & Ace Hardware 122.14 Musselman, Kedric 800.00 Nicolas & Company 1168.95 Norix Group, Inc. 408.00 Office Equipment Company 3591.00 Orkin Exterminating Co. Inc. 115.50 Page Brake Warehouse 831.92 Palmer's 129.65 Palmer, Reed 90.00 Parley Redd's True Value 249.94 Peak Cablevision 32.21 Plateau Equipment Supply Co. 32.00 Prof. Tree & Turf Equipment 1877.45 Provo Fairfield Inn 261.72 Pulse Jet Filter Service 41.96 Quill Corporation 1267.93 Raisor, Jay W. 268.04 RDJ Specialties 385.00 REANet 19.95 Recorded Books, LLC 48.20 Redd. Bill 533.70 Restaurant & Store Equip. Co. 31.18 Rock, Magdelene 345.10 Safety Supply & Sign Co. Inc. 172.88 Sam Weller's Zion Bookstore 17.79 San Juan Building Supply, Inc. 55.53 San Juan County 3536.75 San Juan County Inmate Account 975.49 San Juan Dental 588.00 San Juan Health Care Services 72.40 San Juan Pharmacy 5046.11 San Juan Record 231.34 Schaechter, Valerie 56.16 Scorup, John 20.00 Southeast Ut.Dist.Health Dept 96.00 Sysco Intermountain Food Svc. 341.04 Taylor, Karen 20.00 Time-Life Customer Service 20.98 Trailside General Store 4.21 Turri, Bob 249.60 U W Freight Line, Inc. 47.25 UAC Insurance Mutual 90.00 United Parcel Service 69.60 Utah Power 412.96 Utah State Univ.Publications 101.28 Verizon Wireless 93.18 Viking Office Products, Inc. 710.97 Walker's True Value Hardware 143.51 Wellington City Justice Court 1000.00 West Group Payment Center 211.00 Western Star Trucks of Utah 247.40 Wheeler Machinery Company 1042.33 Wood, Julie 34.00 World Almanac Education 67.27 San Juan Health Care Services 75000.00 Humphreys, Chuck 313.44 Northern Safety Co. Inc. 402.71 Parker's Inc. Office Products 870.00 Utah State Retirement Board 1414.73 Utah State Retirement Fund 38683.85 Adjournment: The meeting adjourned at 12:50 P.M. ------------------------ ------------------------------ Ty Lewis, Chairman LaVee Scherick, Deputy Clerk