SAN JUAN COUNTY COMMISSION MEETING DECEMBER 3, 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 Melissa Banks, Administrative Services Manager Norman Johnson, County Clerk LaVee Scherick, Deputy Clerk Absent: Rick Bailey, Administrative Assistant A motion to approve the minutes of the November 26, 2001 meeting as amended was made by Commissioner Bill Redd and seconded by Commissioner Mark Maryboy. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Tax Refund/Rex Anderson County Assessor Bruce Bunker requested that $242.28 taxes be refunded to Rex Anderson, Parcel #37S23E103002 as the house was placed on the incorrect parcel. Commissioner Bill Redd made a motion to approve the refund. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Tax Abatement/Paul Redd County Assessor Bruce Bunker reported that Paul Redd sold 38.9 acres, Parcel #27S25E063000, of mountain property on LaSal Mountain in 1999. Because of the sale the property was removed from greenbelt status. Foreclosure has taken place and Mr. Redd has received the property back. The 2000 taxes were corrected. However, the 1999 taxes in the amount of $2231.53 were not corrected. Mr. Bunker requested the 1999 taxes be abated. The Commission requested that Mr. Bunker come back with more detailed information. Mr. Bunker returned and reported on the deed recording dates. The property was deeded back to Mr. Redd November 8, 1999 and recorded February 2, 2000. Records indicate that as of Jan 1, 2000 Mr. Redd was the owner of the property. After a discussion, the Commission feel the problem is between Mr. Redd and the property purchaser, Patrick Christopher. Mr. Bunker will write a letter to Mr. Redd indicating the decision. Tellechea Clemente Property/Evaluation Georgia Hamblin, CRE Appraisal Service, representing the Department of Environmental Quality, Division of Environmental Response & Remediation, was asked to determine the marketability of the Clemente Tellechea property Parcel #'s B00000010020 & B0000002001A, and present the findings to the San Juan County Commission for consideration of abating and or reducing taxes accruing on the property. It is her opinion that the property is non marketable and cannot place a value on it because of the contamination. The County does not want the property but is willing to stop the accrual of the taxes from this point on if she brings in a Property Evaluation with proper documentation and opinion of non value. However, interest on back taxes will continue to accrue. The Commission would like to meet with Deputy County Attorney Walter Bird and County Assessor Bruce Bunker to discuss the issues before a final decision is made. Public Hearing Dates County Clerk Norman Johnson reported the public hearing dates for Adjustment of the 2001 budget has been set for December 24, 2001 at 11:00 A.M. Adjustment of elected officials salary public hearing will be set for 11:15 A.M. on December 24, 2001. Adoption of the 2002 Budget is set for 11:30 A.M. on December 24, 2001. Bid/Binding Machine County Clerk Norman Johnson presented bids for a binding machine from Reliable Office Supplies at $656.49 and from Quill at $679.99. Commissioner Bill Redd made a motion to approve the bid from Reliable. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Bid/Computer System-Sheriff Office County Sheriff Mike Lacy presented bids for a P-4 computer system from Dartek at $745.19 and from Dell Computer at $889. Commissioner Bill Redd made a motion to approve the bid from Dartek. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Bid/AutoCad County Recorder Louise Jones and County Surveyor David Bronson presented bids from AutoDesk to upgrade to 2000. If the upgrade is not made then a purchase of a new license is required. The upgrade for the Recorders office and surveyor office is a $956 each. Commissioner Bill Redd made a motion to approve the upgrade. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Bid/Sand Spreader-Road Dept Bids were presented for a sand spreader for the Road Department from H & K Truck Equipment for a Fisher V-Box Spreader at $3058; AG Truck Equipment for a Swenson Spreader at $3511; and from Jemi Service, Inc. for a Western Bed Spreader at $4149.60. Commissioner Bill Redd made a motion to approve the bid from H & K Truck Equipment. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Brown Brothers Construction/MOU A Memorandum of Agreement from Brown Brothers Construction concerning gravel crushing at Lems Draw was presented for signature. Commissioner Bill Redd made a motion to sign the MOU. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. U.S. Forest Service/Schedule A Road Maintenance Agreement The U.S. Forest Service Schedule A Road Maintenance Agreement was presented for signature. Commissioner Bill Redd made a motion to sign the Schedule A Road Agreement. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Executive Session At 11:15 A.M. Commissioner Bill Redd made a motion to convene into an executive session to discuss legal issues concerning RS2477. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Commissioner Bill Redd made a motion to exit the executive session. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Thompson & Urquhart Commissioner Bill Redd made a motion to terminate attorneys Thompson & Urquhart as legal council in the RS2477 issues. The Commission feels that the firm has a conflict of interest because of their involvement with the State and County. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Ty Lewis declared the motion carried. Pruitt, Gushee, Bachtell Commissioner Bill Redd made a motion to approve Pruitt, Gushee, Bachtell as the law firm to represent the County in the RS2477 lawsuit. Commissioner Mark Maryboy seconded with the condition that the County attorney's office inform the county commission of the status of costs. If the cost should escalate to the point where it is a burden, the commission should then re-evaluate the situation. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. PERSONNEL DEPARTMENT REPORT San Juan County Housing Authority Deputy County Attorney Walter Bird reported that a San Juan County Housing Authority was formed in 1971.The County housing authority has not been active. In order for the Grand County Housing Authority to operate in San Juan County the San Juan County Housing Authority needs to be dissolved. Commissioner Bill Redd made a motion to dissolve the San Juan Housing Authority. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. PLANNER EDWARD SCHERICK'S REPORT Cricket Infestation/Sandy Johnson Planner Scherick reported the county has received a letter from Sandy Johnson concerning cricket infestation in the deer flat area. He ask that the county write a letter to the State BLM asking for relief help. Ed will send a letter to the BLM and a copy to Mr. Johnson. Cadastral Survey The BLM plans to conduct a cadastral survey the Alan Canyon/South Cottonwood Road. It will require a lot of money to complete. The BLM is requesting the County participate in the cost of the survey. No decision was made BLM Land Exchange The BLM is proposing an exchange of property near the Dead Horse Point road in Grand County for private land south of the Moab Salt potash mine. This a private exchange. The Commission requested the exchange be acre for acre. Forest Service Presentation Planner Scherick reported that a concern has been raised over the way the Forest Service and BLM are approaching planning in California. The agencies are developing ecosystem plans on Federal lands. When or if adopted the plan would be implemented by perhaps as many as twenty federal agencies with the Environmental Protection Agency, EPA, being given fairly broad police powers associated with plan compliance. In this plan, human beings are considered as nothing more than any other biological resource. Ecological boundaries will be used instead of political boundaries and ecological values will be equal with economic values. If allowed to be adopted this plan would adversely affect how private land could be used, eliminate all consumptive resources from grazing to timber harvest to mining as well as destroy the transportation system within it area of influence. ATV Meeting Planner Scherick reported there will be an ATV scoping meeting in Green River on December 11, 2001 at 7:30 P.M. ATV's, trails, etc. will be discussed. Planner Scherick will attend. ADMINISTRATIVE SERVICES MANAGER MELISSA BANKS REPORT Building Permits A building permit was presented for Maureen Jensen for a manufactured home with detached garage in San Juan Estates. Commissioner Bill Redd made a motion to approve the building permit. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Sign Permit A sign permit was presented for the Bluff Elementary School for a lighted box mounted on a steel pool sign. Commissioner Bill Redd made a motion to approve the sign permit. Commissioner Mark Maryboy seconded. Commissioners Lewis, Maryboy, and Redd voted in favor. None opposed. Commissioner Lewis declared the motion carried. Landfill Report Administrative Services Manager Melissa Banks presented a revenue and expense report of the landfill activity as of October 31, 2001 to the commissioners for review. COMMISSIONER BILL REDD'S REPORT Commissioner Bill Redd attended the AOG meeting last week. He also attended the Road Litigation Committee meeting in Salt Lake City Commissioner Bill Redd attended a meeting of counties and land users in Albuquerque, NM on November 30 - December 1, 2001. Commissioner Redd will attend the CIB meeting in Salt Lake City on December 6, 2001. COMMISSIONER TY LEWIS' REPORT Commissioner Lewis attended the San Juan County Transportation District Board meeting. Their budget was approved. Commissioner Lewis will attend the San Juan County Substance Abuse/Mental Health Board meeting at 4:00 P.M. today in the commission room. Commissioner Lewis will attend the San Juan County Budget public hearing tonight at 6:00 P.M. COMMISSIONER MARK MARYBOY'S REPORT Commissioner Maryboy reported he has been selected to be mayor of the day at the Olympic Village in Park City. His assignment will be one day sometime between January 29, 2002 and February 24, 2002. Commissioner Maryboy will be in Lausanne, Switzerland on December 11- 13, 2001. The Navajo Nation has an exhibit and booth at the Olympic Headquarters and has been asked to speak on behalf of the Navajo Nation. Commissioner Maryboy reported their is moisture on the dirt roads. The schools are asking that the roads be graded. Commissioner Maryboy will be in Window Rock on December 4, 2001 and in the area the rest of the week. Commissioner Maryboy stated that NDOT is waiting on the letter from San Juan County concerning the road between Hatch and Road #262. The Commission requested that Administrative Assistant Rick Bailey send a letter of support to cooperatively work with NDOT on the road and request the Navajo Nation to participate by obtaining the right-of- ways, archeological survey, and the environmental impact statement. Commissioner Maryboy reported that Red Mesa & Aneth would like to use their recreation funds to keep the Montezuma Creek swimming pool open for their students who attend Whitehorse High School. UNTF & Revitalization Funds can only be used for capitol. County Recreation funds can be used for other things. Commissioner Maryboy stated the Chapters will be submitting a request in the future. The commission suggested that the other entities would have to change their criteria for use before this could be done. Commissioner Maryboy suggested the County write a letter to UNTF requesting they match the County recreation budget. Adjournment: The meeting adjourned at 12:15 P.M. ----------------------- ---------------------------- Ty Lewis, Chairman LaVee Scherick, Deputy Clerk 2002 Budget Hearing/December 3, 2001 The San Juan County Commissioners conducted a public hearing on the 2002 proposed budget at 6:00 p.m. in the commission chambers of the county administration building. All Commissioners were present along with elected officials and several members of the public. The budget was review by Chief Deputy Auditor John Fellmeth. Questions from the audience were responded to. Comments and suggestions were exchanged in an open discussion format. Commission Chairman Ty Lewis closed the hearing at 7:05 p.m. as there were not other questions concerning the budget or the budget process. BILLS APPROVED FOR PAYMENT Aflac 119.98 AFSCME 47.00 Amerigas-Blanding 1086.03 Amerigas-Green River 432.76 Aragraphics 6200.00 AT&T 6.10 AT&T OneNet Service 313.81 B.C.L. Distributing 24.72 Bayles, Lillian 24.72 Benally, Debbie 101.00 Benally, Frank 40.00 Benally, Jim 80.00 Black Oil Company 17.50 Blackhorse, David 20.00 Blanding City 485.01 Blue Mountain Foods 31.86 Blue Mountain Meats 1685.45 Bluff Service Area 1380.00 Booth Fire Protection, Inc. 163.75 Bradford, Bernal 90.00 Bradford D. Diane 101.00 Bradford, David P. 354.50 Bradford, Mike 90.00 Brigs Corporation 1454.70 Bunker, Bruce 129.61 Bureau of Land Management 4228.00 Bushore, Bruce 155.62 Bushore, Tina 65.62 Butler, Troy 164.90 Cabela's Promotions, Inc 86.35 Carroll, Vee 262.63 Carson, Kathy 101.00 Carson, Kristi 101.00 Cedar Mesa Products Co. 5741.98 Certified Ford & Mercury, Inc. 346.51 Christensen Factory Parts 122.24 Citizens Communications 2891.66 Cly, Lambert 40.00 Colonial Life and Accident Ins. 575.30 Conseco Health Insurance Co. 933.90 Conserva-A-Watt Lighting 82.79 Consolidated Plastics Comp 233.35 Contracting Specialties, Inc. 1425.00 Cortez Diesel Sales, Inc. 119.49 Crystal Inn 68.00 Curtis Industries, Inc. 208.97 Descheene, Harry 95.49 Diamondback Tactical 619.50 Discover 29.95 Discover Navajo 2002 Fund 2500.00 Earthgrains Baking Company 83.70 Emergency Services 387.00 Evercom Systems Inc.` 980.00 Fairmont Supply Company 120.82 Fleet Lite Incorporated 74.21 Four Corners Welding 62.73 Four States Tires 1058.68 Frank L. Morrell 570.04 Freeway Transmission Inc. 891.35 Giant Service Stations 169.00 Glock Inc. 24.00 Gofer-Kampark 360.00 Grisham, Arnold 50.00 Gumdrop Books 400.70 Halls, Craig C. 459.60 Hawkins, Kent 151.87 Hensley Battery & Electrical 340.77 Hills Auto Supply 1148.55 Hindley, Earl 1271.83 Hollie, Calandra 101.00 Honnen Equipment Co. 364.79 Hurst, Val 40.00 IAEM 250.00 J.C.Hunt Co. Inc. 809.49 Jaaco Distributing 79.98 KAR Products Inc. 875.44 Keefe Supply Co. 797.70 Kenworth Sales Co. Inc. 119.24 Knut & Sons 262.00 KUTA 790AM/BDX Oldies 92.1 100.00 L.N. Curtis & Sons 2733.30 Lamonica's Restaurant 226.80 Lawson Products, Inc. 85.29 LeBlanc, Heidi 650.32 Little America-Salt Lake 1975.00 Maryboy, Sara 101.00 Meadow Gold Diaries, Inc. 434.70 Mesa Supply 21.50 Mid-American Specialties, Inc. 316.45 Mitchell, Jerry 243.50 Monticello City 15000.00 Monticello Mercantile 11.59 Motor Parts 146.54 Naco/West 107.62 Newman Traffic Signs 81.28 Nicholas & Company 155.39 Nieves, Karen 14.00 Pacific Plumbing Specialties 346.53 Page Brake Warehouse 167.30 Palmer, James E. 8.00 Palmer's 9.99 Parley Redd's True Value 18.07 PC Connection, Inc. 1070.33 Peak Cablevision 33.73 Provident Life & Accident 179.50 Quality Stamp & Sign Comp. 87.90 Questar Gas 2562.81 Quill Corporation 223.01 Sam Weller's Zion Bookstore 194.88 San Juan Building Supply, Inc. 1312.91 San Juan Credit Union 3434.11 San Juan Dental 805.00 San Juan Health Care Services 1853.34 San Juan Pharmacy 5119.55 San Juan Record 40.50 San Juan School District 5.77 Schaechter, Valerie 156.00 Schmidt Signs 146.00 Semi Service Inc. 12184.08 Shumway, Coby 101.00 Shumway, Etta 287.00 Simmons Gun Specialties, Inc. 275.16 Smith Plumbing & Heating, Inc. 1767.50 Smith, Kim 165.00 Smith, Sharon 101.00 Snap-On Tools Corporation 47.90 SW CO TV Translator Assoc. 229.58 Swenson, Linda 287.00 Sysco Intermountain Food Svc. 2824.74 Tate, Laverne 500.00 Taylor, Susan 140.00 Texaco Credit Card Center 104.32 The Equitable-Equi-Vest 3720.61 The Home Depot CRC 60.44 Turri, Bob 375.60 UAC Parts Warehouse 17.51 UniFirst Corporation 61.89 United Parcel Service 39.54 Utah Association of Counties 9308.00 Utah Power 242.07 Utah Sheriff's Association 900.00 Utah State Tax Commission 14175.72 Utah Technology Transfer 1150.00 Verizon Wireless 1160.58 Walker, William 101.00 Walmart Community 1190.86 Wal-Mart Store #01-0966 154.73 Waste Management of Colorado 21.00 Westcoast Salt Lake Hotel 68.00 Whaley, Ray 101.00 Wheeler Machinery Company 545.84 Wilcox, Rob 15.00 Wilson Farms 3110.00 Yanito, David 80.00 San Juan Health Care Services 75000.00 Navajo Housing Authority 75.00 Neff, R. Bradley 456.38 Schultz, William L. 2500.00 Utah State Retirement Board 1521.93 Utah State Retirement Fund 41556.41 Hinkley Dodge 52176.24 Perri's Collision Repair 6721.24