SAN JUAN COUNTY COMMISSlON MINUTES JUNE 13, 1988

The regular meeting of the San Juan County Commission conmenced at 10:00 A.M. at the San Juan County Courthouse in Monticello, Utah.

Commissioners present: Calvin Black

Kenneth Bailey Mark Maryboy

Commissioner Maryboy made a motion to approve the minutes of May 23rd and June 6, 1988 as corrected. Commissioner Bailey seconded the motion. UNANIMOUS.

COMMISSIONER KENNETH BAILEY'S REPORT

Mineral Lease Funds - Commissioner Bailey attended a meeting last week to discuss the creation of a special district for the purpose of receiving mineral lease monies under House Bill 273. Representatives from all eight counties were present that received the highest receipts; Uintah, Carbon, Duchesne, Emery, Grand, San Juan, Garfield and Sevier. The purpose of the meeting was to establish uniformity in the service districts that will not endanger the PILT funds and to work out a schedule with the DOT to distribute the funds. A suggestion from the solicitor in Washington was made to protect our service districts throughout the whole state from challenge. A motion was approved to hire a legal firm to draw up the necessary documents and they will have the advertisements and every document that will be necessary to establish a service district for a total of $5,000. The solicitor will put it together and then the UAC will explain to all the other counties that if they want to form a district that it ought to be under these same documents. Commissioner Bailey made a motion to approve the payment of $625 to UAC for our share. Commissioner Maryboy seconded the motion. UNANIMOUS. UDOT will be asked to distribute the funds monthly. The estimates over the next three years is that San Juan County will receive about $2,000,000 and then over $1,000,000 per year after that.

Public Safety Building - On June the 9th a meeting was held with Commissioner Bailey, County Attorney Craig Halls, the Valley Builders contractor, and Mark Tressler as architect for the Public Safety Building. In a previous meeting an agreement was reached that there was a problem with the compaction under some of the floors at the new building and in order to go ahead with the construction, it was agreed to go ahead and accumulate the cost of repairs without determining the liability until the testing was done. The testing has been completed and solutions recommended by the testing laboratory, Delta Geophysical Inc. The contractor consulted with another firm, Rollins, Brown and Gunnell, and they felt like the solutions recommended by the testing laboratory weren't practical. On recommendation by the San Juan County Attorney over this period of time, the project has never been shut down because of the additional liability that would be incurred. So the contractor has been notified that the compaction and floor slabs do not meet specs and will not be accepted. The contractor will recommend what he feels is a practical solution to the problem. Then a decision will be made as to whether the County will accept that solution. When the solution is agreed upon and implemented, it is agreed that the County, the contractor and the architect will each accept whatever percentage of the liability that is determined that they have, either through negotiations, arbitration or litigation. If negotiation cannot settle the problem then arbitration would be tried and if arbitration fails then the parties would be free to go to litigation. Viet Nam Memorial - Karen Moore has been trying to get the replica of the Viet Nam Memorial to the area for the Monticello Centennial Celebration. The memorial is being refurbished in Seattle, Washington. Commissioner Bailey will try to help her locate where the memorial is and make arrangements to have it shown here.

Road Department Request - A motion to purchase four radios for $475 each or a total of $1,900 was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.

Paiute Creek Bridge - Commissioner Bailey presented the engineering agreement for the Paiute Creek Bridge with Creamer & Noble Engineers. The proposal for the engineering on the bridge is for $34.000. A motion to approve the agreement and authorize Chairman Black's signature was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.

COMMISSIONER MARK MARYBOY'S REPORT

Montezuma Creek Fire - There was a brush fire in Montezuma Creek yesterday that burned one house. The

fire chief wasn't in the area so the Bluff unit and an oil company was called in to put out the fire. The

Commission felt that someone else needs to be delegated to take the responsibility of the fire department

when the fire chief is out of town.

Bluff Community Meeting - A meeting with the Bluff Community residents was held last week regarding the

mosquito problem. One of the farmers is not taking proper care of his irrigation water and is creating a

problem with the mosquitos. Commissioner Maryboy will meet with Greg Adams, County Health Officer, after

the meeting today to arrange for him to investigate the issue.

UNDC Board Meeting - The UNDC Board meeting will be held Wednesday, June 15, at Navajo Mountain.

Aneth Chapter Meeting - Commissioner Maryboy will attend the Aneth Chapter meeting on Thursday.

UDIA Board Meeting - There will be a UDIA Board meeting in Salt Lake on Friday.

Oljato Bridge - Commissioner Maryboy will either go to Window Rock or call to see where the archaeological

study stands. Work on the Oljato bridge cannot proceed without the archaeological study.

COMMISSIONER CALVIN BLACK'S REPORT

Assessing and Collecting Meeting - There is a meeting on assessing and collecting that all commissioners, county executives, county council members, auditors, assessors, treasurers and recorders are invited to on June 15th in the Commission Chambers in Provo, Utah.

Assessing and Collecting - Some companies have filed actions in all 29 Utah counties seeking to nullify the statute that allows the cost of assessing and collecting and distributing tax monies to be a statewide separate levy. Some counties are receiving counties and some are donating counties. But a declaration of unconstitutionality would have dire consequences to each county. At a meeting of county attorneys on June 3rd it was determined to proceed on the basis of having Bill Peters work on that. An estimate of $25,000 would hopefully get the issue through the lower court and into the Supreme Court and would include the filing of supreme court briefs and arguments. San Juan County's share of that would be $601. A motion to participate in that was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS. Interagency Meeting - Social Services - There is an Interagency Meeting Wednesday, June 15th at 9:00 a.m. at the Social Service Building in Blanding.

Canyonlands National Park Comments - A request has been received from Canyonlands National Park to submit any comments on the comprehensive plan to implement the 1978 General Management Plan's development concepts. The Commissioners indicated they would like to receive all the information available on the plan.

Bridge Inspections - A letter has been received from the Utah Department of transportation indicating that an inspection of the bridges within San Juan County was made in April, 1988. Commissioner Bailey will review the inventory and appraisal sheets for any work that needs to be updated.

Enterprise Zone - San Juan County has been declared eligible for the Enterprise Zone legislation. An

application needs to be submitted to the Department of Community and Economic Development by July 1st to

be formally designated as an "Enterprise Zone".

BLM San Juan Area Resource Management Plan - Southeast Utah Association of

Governments Executive Director Bill Howell is assisting Administrative Assistant Rick Bailey with the

final conments from the County on the BLM San Juan Area Resource Area Management Plan. Commissioner Black

has reviewed the comments and they will be delivered to the BLM office today.

Oil Company Tax Litigation - The oil companies have asked for a report from the hospital and the number of

Indian patients that have been provided for in the hospital. The hospital does not break down that

information but they assumed that those patients having an address other than Blanding and Monticello were

from the reservation. The Commission does not feel that this is a valid assumption as there are probably

more of the Indian people living in Blanding and Monticello using the San Juan County Hospital than those

living in the southern part of the County. Other criteria should be used to determine those using the

hospital services.

Development Board Meeting - There will be a Development Board meeting in Blanding tomorrow night at 7:00

p.m.

CURRENT BUSINESS

District Court - The District Court was discussed but as additional information is needed before a final decision can be made regarding joining the state system. The issue will be put on the agenda for the June 20th Comnission meeting.

Employment Eligibility Verification Forms - There is one employee in the Recreation Department who has not filled out an Employment Eligibility Verification form because he feels it is unconstitutional. He does not have an original Social Security card as his was lost many years ago, nor does he have a birth certificate as he was born in a home and it was not recorded. He feels it would be too much trouble to get a birth certificate, and as he is already getting Social Security checks, he doesn't see the necessity of getting a duplicate card. The Commission indicated that because of the fine assessed if the information is not provided, the individual will not be paid until he complies with the law.

Blanding Clinic - UNDC Offices - Worthy Glover, representing the UNDC, met with the County regarding the subleasing of the old Blanding clinic which UNDC has used for offices. Because of cutbacks in their budget and changes made within UNDC in the past year, the building is presently vacant but the maintenance and utilities are being kept up on it. There have been various inquiries made on the building for commercial use, storage or different things. The lease agreement is until 1996 with the Utah Division of Indian Affairs. Originally the UNDC was designated as part of the Utah Division of Indian Affairs but has since been designated as a private non-profit entity. County Attorney Craig Halls indicated that if the building were subleased for profit the County should get some compensation. If the UNDC gets a proposal to lease the building, they will look at a figure that will offset their costs plus give the County some compensation.

Sunday Beer Sales - Beer license holders in the unincorporated areas of the county petitioned the Comnission to allow the sale of beer on Sundays. They had signed petitions from area residents and indicated that many of the tourists do not understand why they cannot buy beer with their meals on Sunday. Recently Monticello City passed an ordinance allowing the sale of beer on Sunday and it was felt that it could be advantageous to the rest of the County also. The Comnission indicated that an amendment to the County Beer Ordinance would have to be proposed and a public hearing held with respect to the amendment. After the public hearing a vote will be held by the Commission. There would also be a thirty day period before the ordinance would go into effect. It would probably take about two months before the issue could be finalized. After discussion Cortinissioner Black passed the chair to Commissioner Bailey and made a motion to have the County Attorney draft an ordinance to allow the sale of beer on Sunday in the unincorporated areas of San Juan County. A date to comply with the law will be set for a public hearing and will be announced. Commissioner Maryboy seconded the motion. UNANIMOUS.

Beer License - Application for a beer license for Burch's Indian Trading Company in Mexican Hat was discussed.This was formerly the Mexican Hat Trading Post. A Class A license for the trading post and a Class C license for the cafe will be needed. The necessary check was made by the Sheriff's Department and the bond assured. A motion to approve the application was made by Commissioner Maryboy and seconded by Commissioner Bailey. UNANIMOUS.

Sheriff's Department - Sheriff Claude Lacy presented the contract with the Forest Service for patrolling roads on the forest service lands. The contract is for $7,500. A motion to approve the contract and authorize Chairman Black's signature was made by Cortinissioner Maryboy and seconded by Commissioner Bailey. UNANIMOUS.

Jail Fees - Other areas are beginning to charge for the time individuals are kept in their jails after a requested pick up on a wanted individual. Sheriff Lacy stated that if that is to be the practice, San Juan County should be charging for prisoners kept for other counties in the San Juan County jail. As the charges do not seem to be uniform, Sheriff Lacy will check with other facilities to determine a rate.

Sheriff's Department Employee - Kevin Rhoades has completed POST training at the academy and will be raised to the deputy sheriff level at grade 9 step 2, $1,215 per month, effective July 1, 1988. Commissioner Bailey made a motion to approve the increase. Commissioner Maryboy seconded the motion. UNANIMOUS.

Sheriff's Department Vehicles - There are funds available for the purchase of two new vehicles for the Sheriff's Department. The Comnission approved the purchase of two Jeep Cherokees and authorized Sheriff Lacy to begin advertising for bids.

Ken's Lake - San Juan County Commissioners, County Attorney Craig Halls, Sheriff Lacy and Administrative Assistant Rick Bailey will meet with the Grand County Commission to discuss the law enforcement and other problems at Ken's Lake. An ordinance had been drafted to require a curfew at the lake, but indications were that residents wanted to camp at the lake. An ordinance for a curfew could not be enforced if camping is to be allowed.

County Fires - There is some problem as to who is to be called out for fires in the Sheriff's Department. Jack Mortensen has been selected as the one over the wild fires in the area and he will have a backup person when he is not available. Sheriff Lacy also reported that all the homes at White Mesa have fire lines around them and if a fire occurs down there it will be allowed to burn as long as it does not endanger any homes.

Mental Health - Mark Lyman presented the Comnission the contract for Mental Health. A discussion with the County Attorney was held concerning the possibility of filing a civil action against the state for the large cut in the Mental Health funding. The cut was from $175,000 last year to $135,000 for the caning year. The funding is based on population. San Juan County has the most widely spread population of any county in the state and there is more than twice the percentage of numbers on poverty of any other county. The County also has the highest minority population. The Commission feels that basing the funding strictly on population is illegal. The purpose of mental health services is to provide services. And

based on population the rural areas are going to get less than 50% of the services they get now. County Attorney Craig Halls felt that a class action suit could be filed for all welfare or mental health recipients in San Juan County that are unable to get the services because the funding has been cut. Mr. Halls recommended that a private attorney could file the suit and San Juan County could join as an amicus. Mr. Lyman felt that other agencies will also cut their funding if the Mental Health cut is allowed to stand. County Attorney Halls was asked to investigate any recourse that the County might have because of the massive cuts that are felt to be inequitable. The Commissioners were unwilling to sign the contracts as that would state that the County is willing to accept the amount stipulated.

Executive Session - A motion to adjourn to an executive session to discuss hospital personnel problems was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.

Monticello Chamber of Commerce - Lloyds Lake - Dale Black and Dan Mclnnes of the Monticello Chamber of Commerce met with the Commission to discuss the Lloyd's Lake project. The Chamber is making sane parking lots and camping areas to be used for the centennial celebration and wondered if the road to the lake was scheduled to be oiled this year. Commissioner Bailey indicated that the road to Lloyd's Lake is scheduled to be oiled this year but it is down the list a ways. The road department will get to the project as soon as possible. The County has already approved the hauling of gravel to line the paths arid tent sites for the camps. The plans call for two or three camping areas, a camion area, an amphitheatre and a path for jogging, bicycling or cross-country skiing around the entire lake so that the facilities can be used year round.

Harold Young Properly - Harold Young stills objects to having to pay the interest on the property taken by the County for delinquent taxes. His attorney tells him that the County was at fault for taking his name off the tax notice. County Attorney Halls will find out what the penalty and interest would be before a decision will be made.

Keith Rogers Property - Two individuals have expressed a desire to purchase the same property in the Pioneer Estates for the amount of the taxes. Mr. Rogers has presented himself as having owned it and having been beat out of it through a divorce matter. Mr. Ellis owns it by virtue of having loaned money and had been given the property in lieu of getting his money back. Therefore, it was concluded that both individuals have a legitimate claim to an interest in the property. Mr. Ellis has his name on the deed. The Commission felt that the property should be advertised for sale. A minimum bid accepted would be for the amount of taxes plus penalties and interest.

Lopez Properly Demolition Bids - The sealed bids for the demolition of the Lopez property were opened. A bid was received from Blake Enterprises Construction

for $4,300 and from Sonderegger Inc. for $3,840. A motion to accept the bid from Sonderegger Inc. was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.

Hospital Cement Work - Bids were opened last week for some cement work that needs to be done at the hospital; replacing some sidewalks, stairs, and sane curb and gutter and building a handicap ramp in front of the hospital. Young Builders bid $4,460 and Sondereggers Inc. was $4,330. A motion to accept the bid of Sondereggers Inc. was made by Commissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.

Dr. MacNeill Litigation - Hospital Administrator John Fellmeth reported that County Attorney Craig Halls has contacted Dr. MacNeill's attorney Paul Mortensen.

Mr. Fellmeth has estimated how much is owed all the doctors through the end of May and will pay them this week. Commissioner Black talked with Dr. MacNeill and Dr. MacNeill indicated that if he is paid there will be no litigation. Mr. Fellmeth stated that Dr. MacNeill and Mr. Mortensen may feel somewhat stronger on the issue of charges in the emergency room. Mr. Fellmeth feels that they do not have a basis for contending that they can set charges in the County facility, even for work they do. They set charges when they agree to work for $65 a day or 70% of what they bill. Then it is up to the hospital to set charges in the emergency rooms.

Utah Hospital Association Visit - Gene Beck, Executive Director of the Utah Hospital Association, George Belcey, Chairman of the Board of the Utah Hospital Association and the legislative analyst, Marion Whitmer, are making a trip through the State to meet with rural hospital trustees and administrators and physicians. They would like to meet on June 28th here in Monticello to discuss any problems that we have here. The time will be determined and relayed to the Commissioners.

BILLS APPROVED FOR PAYMENT

Aircraft Bluebook 1987 edition 3rd quarter $ 70.00

Applied Natural Systems, Inc. supplies road department 2,277.35

Aragraphics advertisement recreation 315.00

Dick Blick books library (M) 151.92

Colorado Kenworth - Grand Junction supplies road department 55.20

Conney Safety Products supplies road department 50.56

Dynamote Corporation supplies road department 82.60

FMC Corporation spirit pumper mounted on chassis 96,556.00

Sam Goodman photo lab work 153.00

Bob McPhearson preparation of slide show 100.00

Michigan Pneumatic Tool, Inc. supplies road department 67.02

Municipal Worker Law Bulletin bulletin Rick Bailey 43.89

Redd Plumbing & Solar repairs recreation34.00

Sterling Publishing Company, Inc. books library (M) 16.69

Scientific Supply Company, Inc. supplies courthouse 39.00

Skaggs Telecommunications Service Inc. radio repair communications 183.68

Tri-Arc Hotel travel Bill Bayles 121.50

Utah Communications Inc. installment emergency services 65.00

The Utah Runner advertising recreation 175.00

Wyoming Weed & Pest Council purchase of weed cards 15.00

XYZ Books books library (M) 31.90

Mike Young, Inc. 1988 Chevrolet 13,331.00

Allied Carriers Exchange, Inc. freight bill road department 35.65

Aquatech Pool & Patio Shoppe parts recreation department 458.90

ASA Welders Supply, Inc. supplies road department 19.90

Bancroft-Whitney Company supplies attorneys office 238.25

Black Oil Company supplies road department 366.99

Blanding Mercantile supplies recreation department 24.23

Blue Mountain Foods supplies recreation department 8.45

Blue Mountain Petroleum, Inc. supplies road department 98.00

Gate Equipment Company supplies road department 130.31

Century parts road department 163.86

Conoco Incorporated gas fire control 7.90

Cortez Camera supplies extension office 54.34

Cortez Diesel Sales, Inc. parts road department 196.23

L.N. Curtis & Sons supplies fire control 94.84

Frito-Lay, Inc. supplies vending machine 23.96

Grand Tire Company, Inc. supplies road department 28.52

H D Delivery Service supplies department of aging 79.16

Hafer's Incorporated parts road department 62.77

Hewckett-Div of Harsco chips road department 136.57

Hogie's Restaurant meals recreation department 12.45

Holdenf Ace supplies recreation department 5.25

Wesley L. Hunt Company repairs communication 156.00

Industrial Supply Company, Inc. supplies road department 463.00

Inkley's supplies sheriffs office 46.00

LaSal Store groceries sheriffs department 36.72

Light Impressions supplies historical department 271.79

Venice Lyman restitution: Kelly Shumway 100.00

F.H. Miller Jr. parts road department 103.01

Monticello Mercantile supplies vending machine 210.23

Motorola Incorporated radio fire control 697.00

Motor Parts Company supplies sheriffs department 11.19

Motor Parts Pro Mart Home Center supplies courthouse 16.94

Mountainland Business Systems ink roller twin pak 58.50

Office Outpost supplies purchasing department 50.98

Gus Paulos Chevrolet, Inc. parts road department 375.46

Professional Armaments supplies sheriffs department 15.69

Quality Bookstore supplies library (M) 16.96

Parley Redd's Food Town supplies recreation department 298.91

Rocky Mountain Machinery Co. parts road department 30.24

San Juan Pharmacy prescription sheriffs department 14.96

The San Juan Record supplies county fair 435.73

Saveway Automotive gasoline road department 6,897.43

Scenic Aviation gas communications 15.36

Shilo Inn - Salt Lake City travel Steve Stovall 152.00

Sinclair Oil Corporation gas purchased div. aging 9.71

Sorbus printer system unit 280.06

Sun-Progress, Inc. tourist promotion 88.92

Sysco Intermountain Food Ser'v supplies division of aging 381.87

Texaco Refining & Marketing In gas road department 198.86

Turf Equipment Company supplies recreation department 88.04

Utah Adventures Magazine 1/2 page June issue 237.50

Utah State Treasurer delinquent taxes 808.08

Viking Office Products, Inc. supplies road department 181.12

Steven E. Warren, M.D. physical Bob Matthews 50.00

Wheeler Machinery Company parts road department 509.11

Xerox Corporation copy paper county 513.00

Young's Machine Company repairs recreation 210.43

Richard R. Amundson partial refund of bail 30.00

Raymond Berchman bail refund 10.00

Estella M. Hoke partial refund of bail 20.00

David R. Hood partial refund of bail 20.00

Chuck Wagon Restaurant meals served recreation 12.45

Peggy Humphreys expense reimbursement 36.99

Donald R. Moll partial refund of bail 20.00

Montezuma Creek Sheriff's Department room and board for inmates 128.00

Alvin D. Moore bail refund 45.00

Alvin Reiner use of slides 85.00

James D. Renkema partial refund of bail 30.00

Selectone Corporation supplies communication 102.90

Elaine Stovall laundry detergent sheriffs department 126.00

Utah Correctional Industries supplies road department 146.64

Viza Mark supplies golf course (M) 21.95

Steven M. Wilkie bail refund 40.00

Wearguard coveralls and boots road dept. 124.71

Cojaco Inc. gas sheriffs department 13.42

Abajo Archaeology fieldwork road department 946.00

Edwin K. Allred travel expense 158.84

Anderson and Anderson indigent matters 2,231.80

Aquatech Pool & Patio Shoppe supplies recreation 102.94

Baker Sanitation services courthouse 49.00

Nicky Black hauling road department 1,289.75

Black Oil Company fuel road department 701.17

Blanding City of utilities library (B) 1,165.37

Blanding Clinic restitution: Terry Benally 54.00

Bluff Water & Sewer Users Assn. utilities Bluff building 15.60

Cheryl's Trophy awards fair board 283.58

Chevron USA Incorporated travel Jim Keyes 18.03

Keith H. Chiara travel expense May 58.39

Chuckwagon Restaurant meals sheriffs department 118.50

Community Nursing Service services rendered April 1988 464.35

Continental Tel Co of the West telephone charges county golf 126.86

L.N. Curtis & Sons coveralls emergency service 53.25

Day-Timers Inc. supplies extension office 18.25

Empire Electric Assoc. Inc. utilities road shop 842.23

Four Corners Re. Care Center meals served May 1988 270.00

Frito-Lay, Inc. vending machine supplies 11.01

Hafer's Incorporated parts road department 33.63

Hogie's Restaurant sack lunches fire control 136.05

Honest Dollar Construction hauling road department 827.75

Horsehead Hardware supplies library (M) 18.83

Industrial Supply Company, Inc. parts road department 103.71

Intermountain Battery supplies road department 52.95

Kelly Company supplies recorders office 70.97

Kenz & Leslie Distributing Co. fuel road department 1,337.90

Kents Foods supplies sheriffs department 810.60

LBP Trucking hauling road department 1,348.38

Lawson Products, Inc. parts road department 213.22

Lyle Northern Electric, Inc. repairs recreation 696.15

F.H. Miller Jr. parts road department 94.72

Monticello City Justice/Peace sheriffs office collection 185.00

Monticello City of utilities road department 55.00

Monticello Mercantile supplies golf course 23.76

Monticello Senior Center petty cash 32.80

Motor Parts Company supplies communications 27.81

Office Outpost supplies purchasing department 50.13

Olympia Book Company, Inc. supplies library (B) 548.48

Palmer's supplies library (B) 35.44

Park's Sportsman supplies recreation department 639.54

Parkway Tire Company U.P.S. public safety building 199.29

Pepsi-Cola Company vending machine supplies 45.25

Prentic-Hall, Inc. supplies communications 32.33

Quality Bookstore books Monticello library 26.63

Quill Corporation supplies purchasing department 93.93

Parley Redd's Food Town supplies road department 209.88

San Juan County Hospital meals served May 1988 498.00

SJC Seventh Circuit Court Nelson Beletso 110.00

San Juan Health Care Services operating transfer/hospital 50,903.92

The San Juan Record request for bids 11.86

San Juan School District supplies extension office 13.75

Schafer Auto Repairs road department 340.00

Seventh District Juvenile Court Mike Morrell 50.00

Dayne Shumway Construction hauling road department 731.50

Smith Plumbing & Heating, Inc. repairs recreation 50.00

Swenson, Eric P. legal services T.Shumway 100.00

United States Postal Service box rent #787 assessor 163.00

Utah Adventures Magazine advertising golf course 72.00

Utah State Information Systems job processing sheriff 427.23

Steven E. Warren, M.D. physical James Sallee 226.00

Adjourned; There being no further business the meeting was adjourned at 2:30 p.m.

Calvin Black, Chairman Merna C.Johnson, Deputy Clerk