SAN JUAN COUNTY COMMSSION MINUTES JANUARY 19, 1988
The regular session of the San Juan County Commission convened at the hour of 10:00 a.m. at the San Juan County Courthouse, Monticello, Utah.
Commissioners present were: Calvin Black
Kenneth Bailey Mark Maryboy
A motion to approve the minutes of January 11, 1988 was made by Commissioner Maryboy and seconded by Commissioner Bailey.
CURRENT BUSINESS
LaSal Road - Mike and Dick Shumway met with the Commission to discuss the road leading to their mining area. It is on Forest Service property and the Forest Service wants the Shumways to obtain a road-use permit and bond for the road. Commissioner Bailey felt the road could be put on the Forest Service Schedule A which would give the County permission to upgrade and maintain the road thereby giving the Shumways use of the road without a permit.
BLM - San Juan Resource Management Plan - UNDC Executive Director Lester Lansing submitted a copy of a letter to the BLM in behalf of Utah Navajos in Mexican Hat, Monument Valley and the Oljato areas stating their opposition to the ACEC's of the San Juan Resource Management Plan. The Navajos are particularly opposed to the restrictions placed in the Cedar Mesa area on the gathering of fire wood. The Commissioners explained to Mr. Lansing that buffer zones of one-half mile on either side of highways U261, 95, and 276 would have the same restrictions.
The Conmissioners asked Mr. Lansing to mail a copy of the letter to the Commission and advised him that letters from the chapter officials and various individuals would be very helpful in voicing opposition to the plan.
Long Canyon Road Agreement - County Attorney Craig Halls and Max Dalton met with the Commission to discuss the Long Canyon Road Agreement. Mr. Dalton indicated the proposed letter agreement will not help the problem on his property. It was decided that the road would be left in its present location and Mr. Dalton will unlock the gate if the County will install a cattle guard, signs designating private property
for the next ___ (the length of Mr. Dalton' s property) miles and three no trespassing signs on side roads
within the property.
San Juan County Fire Board - John Baker reported that he has begun an inventory of all fire equipment in
the County and is working on a training program with Administrative Assistant Rick Bailey.
COUNTY CLERK GAIL JOHNSON
Tax Anticipation Notes - County Clerk Gail Johnson presented the tax anticipation notes from First Security Bank. The County will only be eligible to borrow $600,000, which is $200,000 less than last year, because of the accumulated surplus in the County. The Commission approved a letter to County Treasurer Marian Bayles indicating that the tax notes had been accepted. A motion to accept resolution 1988-1 and authorize Chairman Black to sign them was made by Commissioner Bailey and seconded by Conmissioner Maryboy. UNANIMOUS.
RESOLUTION NO. 1988-1
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, UTAH, AUTHORIZING THE ISSUANCE AND CONFIRMING THE SALE OF $600,000 TAX ANTICIPATION NOTES, SERIES 1988, OF SAN JUAN COUNTY, UTAH, PROVIDING FOR COVENANTS TO MAINTAIN THE EXEMPTION OF INTEREST ON THE NOTES FROM FEDERAL INCOME TAXATION, AND RELATED MATTERS.
WHEREAS a report has been made by the Treasurer of San Juan County, Utah (the "County") , that it is necessary to raise the sum of Six Hundred Thousand Dollars ($600,000) for the purpose of meeting the current and necessary expenses of the County and for any other purpose for which funds of the County may be legally expended, during the 1988 fiscal year, until the taxes and other revenues for the 1988 fiscal year are collected, and that such sum can be raised without incurring any indebtedness or liability in excess of seventy-five percent (75%) of the tax revenues and other revenues of the County for the 1987 fiscal year or ninety percent (90%) of the taxes and other revenues of the County estimated to be received by the County in the 1988 fiscal year, or exceeding any limit of indebtedness imposed by the Constitution or statutes of the State of Utah; and
WHEREAS the Board of County Commissioners of San Juan County (the "Board") has requested offers for the purchase of its Tax Anticipation Notes, Series 1988, in the principal amount of $600,000 (the "Notes"); and
WHEREAS the offer of First Security Bank of Utah, N.A., of Salt Lake City, Utah, for the purchase of the Notes is the highest and best offer received, which offer proposes to purchase the Notes at the price of par and accrued interest, if any, to the date of delivery, the Notes to bear interest as hereinafter set out; and
WHEREAS in the opinion of the Board, it is in the best interests of the County that such offer be accepted and the sale of Notes to First Security Bank of Utah, N.A., of Salt Lake City, Utah, be ratified and confirmed;
NOW, THEREFORE, Be It and It Is Hereby Resolved by the Board of County Conmissioners of San Juan County, Utah as follows:
Section 1. That there shall be issued by the County the Notes in the aggregate principal amount of $600,000 for the purpose of meeting the current and necessary expenses of the County and for any other purpose for which funds of the County may be legally expended. The Notes shall be known as "Tax Anticipation Notes, Series 1988," shall be dated the date of initial delivery to the purchaser thereof, shall bear interest from their date until paid, payable at maturity, shall fall due as to principal on December 30, 1988, and shall be numbered consecutively from one to six, inclusive, and shall bear interest at the rates and be in denomination and total amount as follows:
INTEREST NOTE NUMBER DENOMINATION RATE AMOUNT
1-6 $100,000 % $600,000
Both principal of and interest on the Notes shall be payable in lawful money of the United States of America at First Security Bank of Utah, N.A., in Salt Lake City, Utah. The Notes shall be
signed by the Chairman of the Board, attested by the County Clerk (the signatures of said officers being by manual execution), and countersigned by the County Treasurer, and shall have the official seal of the County impressed thereon. The Chairman of the Board is hereby empowered and directed to sign, the County Clerk to attest, and the County Treasurer to countersign, each of the Notes and to cause the seal of the County to be impressed on each of the Notes, and the acts of said Chairman, County Clerk, and County Treasurer in so doing are and shall be the acts and deeds of the County. All of the covenants, statements, representations and agreements contained in the Notes and the recitals and representations contained in this resolution are hereby considered and understood, and it is hereby ordered and declared that the covenants and promises therein are the covenants and promises of the County, and that the representations and statements therein are the representations and statements of the County.
Section 2_._ That the Notes shall be in substantially the following form:
UNITED STATES OF AMERICA
STATE OF UTAH COUNTY OF SAN JUAN
NO.____ $100,000
TAX ANTICIPATION NOTE
SERIES 1988 KNOW ALL MEN BY THESE PRESENTS:
That San Juan County, State of Utah, (the "County") hereby acknowledges itself to be indebted, and for value received hereby promises to pay to the bearer hereof, the sum of
ONE HUNDRED THOUSAND DOLLARS --- ($100,000)
in lawful money of the United States of America, on the 30th day of December, 1988, at First Security Bank
of Utah, N.A., in Salt Lake City, Utah, with interest thereon at the rate of ______ percent (____%) per
annum from date until paid, payable at maturity.
This note is one of an issue of notes numbered one (1) to six (6) inclusive and known as "TAX ANTICIPATION NOTES, SERIES 1988" for an aggregate principal amount of Six Hundred Thousand Dollars ($600,000) issued under and pursuant to the Constitution and laws of the State of Utah, including particularly the applicable provisions of the Utah Municipal Bond Act, Chapter 14 of Title 11, Utah Code Annotated 1953, as amended.
It is hereby covenanted, certified, recited and declared that this note is given in anticipation of the collection of taxes to be levied and other revenues of the County, for the current fiscal year, in evidence of money borrowed to meet the current and necessary expenses of the County and for any other purpose for which funds of the County may be legally expended during the current fiscal year until payment of the taxes and other revenues for such year, that taxes within the limit provided by law and sufficient to pay principal of and interest on this note as the same falls due and, together with other budgeted revenues to be received during such fiscal year, sufficient to pay all budgeted expenses of the County for such fiscal year have been or will be levied, imposed and collected in such fiscal year on all taxable property within the County and that a sufficient fund has been appropriated for the payment of the principal of and interest on this note as the same shall fall due.
It is hereby further certified, recited and declared that the aggregate indebtedness incurred by the County for this current fiscal year, including this and other notes, is not in excess of seventy-five percent (75%) of the total of the taxes and other revenues levied and collected by the County in the preceding fiscal year and is not in excess of ninety percent (90%) of the total of the taxes and other revenues levied and yet to be collected by the County in the Current fiscal year.
It is hereby further certified, recited and declared that all acts, conditions and things essential to the validity of this note exist, have happened and have been done, and that every requirement of law affecting the issue thereof has been duly complied with, and that this note is within every debt and other limit prescribed by the Constitution and laws of Utah. The full faith, credit, resources and all taxable property within the limits of the County are hereby irrevocably pledged to the levy of taxes for the fiscal year in which this note is issued and for the collection and proper allocation of such taxes and other revenues provided for such fiscal year to the prompt payment of principal of and interest on this note and the issue of which it is one, according to its terms.
IN WITNESS WHEREOF, the County has executed this note by causing it to be signed by the Chairman of its Board of County Commissioners, attested by the County Clerk, and countersigned by the County Treasurer and the official seal of the County to be affixed hereto all as of the ______day of_______________, 1988.
SAN JUAN COUNTY, UTAH
Chairman, Board of County Commissioners
ATTEST:
County Clerk COUNTERSIGNED:
County Treasurer (SEAL)
San Juan County Beer Ordinance - According to the new state law, those beer license holders who have on premise consumption and their employees need to attend a training seminar. The County ordinance needs to be amended to include a mandatory training session. The Commissioners will revise the San Juan County Beer Ordinance at their next Commission meeting.
Accounts Receivable - County Clerk Gail Johnson, in closing out the 1987 year, discussed some of the accounts receivable that have not been collected. The Commissioners advised her to holdover most of the delinquent accounts and write-off those few that will not be collectible.
Indigent Defense - The billing submitted by Keith Chiara, Indigent Defense Counsel, was reviewed and amended by County Attorney Craig Halls. There was a question on the billing of travel time and mileage. County Property Sold at Tax Sale - A request has been made by R. Tangren to meet with the Commissioners regarding some property sold at the County Tax Sale. Mr. Tangren is the lienholder on the property and would like to get it back. The Commissioners requested County Clerk Gail Johnson to check on the amount of taxes, penalties, interest and the validity of his claim and write a letter to Mr. Tangren to work out an amenable solution. Probationary Raise - A motion to approve the probationary raise of Deputy Clerk Merna C. Johnson to grade
2 step 2 ($927) effective on the January payroll was made by Comnissioner Bailey and seconded by Commissioner Maryboy. UNANIMOUS.
ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT
UAC Assessing & Collecting Meeting - Administrative Assistant Rick Bailey met with approximately 61 county commissioners, state auditor and other interested people to discuss the assessing and collecting bill. The decision of the commissioners was to attempt to keep the law as it presently is without having it repealed, even though there are some problems with it. The commissioners felt the problems could be worked out. A motion to support the bill as it is presently written with attempt to work out some of the problems was passed unanimously. A meeting was then held with some legislators to discuss the bill and concerns of the commissioners.
Justice Court Bill - The amendments to the Justice Court Bill were given to the Commissioners, County Clerk Gail Johnson, County Attorney Craig Halls and County Justice of the Peace Harold Muhlestein for review and comments.
Hill - Burton Bill - Administrative Assistant Rick Bailey made a telephone call to Senator Orrin Hatch's office to find out the status of the Hill-Burton Bill. Senator Hatch said the bill was in committee but he expected it to be brought to the floor of the Senate soon. Senator Hatch recommended that a similar bill be introduced into the House of Representatives for action there. Congressman Nielson will be contacted to see if he will sponsor that bill.
Blanding Senior Citizens Center - Water Damage - There has been some water damage over the summer in one corner of the Blanding Senior Citizens Center. The rubber-backed carpeting has been coming apart at the seams. Arvid Black has indicated that he will be able to purchase a good commercial grade carpeting to replace the damaged carpet. The Commission authorized Mr. Black to purchase the carpet and install it in the Senior Citizens Center.
COMMISSIONER MARK MARYBOY' S REPORT
Todahaidekani Resident Meeting - Commissioner Maryboy will meet with the Todahaidekani residents tonight.
Mexican Water Chapter officials will also be there.
Aneth Chapter - Aneth Chapter officials have passed a resolution opposing the BLM San Juan Resource
Management Plan. The other Utah Navajo Chapter officials have indicated they will pass similar
resolutions and send to the San Juan County Commission.
Navajo Tribal Council Meeting - Comnissioner Maryboy will be attending the Utah Navajo Council meeting in
Window Rock, Arizona on Thursday and Friday. Some problems of mutual concern between San Juan County and
Utah Navajos will be discussed with council members.
COMMISSIONER KENNETH BAILEY'S REPORT
County/BLM Property - Commissioner Bailey will contact County Recorder Louise Jones to research the
property sold by the County in 1953 and later found to belong to the BLM to find out when it was first
taxed. A letter has been drafted to Congressman Nielson on this matter.
Jerry Holliday - Abajo Peak Transmission - A copy of a request has been received from Jerry Holliday
requesting the use of a transmission frequency on Abajo Peak. Comnissioner Maryboy will contact San Juan
County Communications Officer Bill Bayles on this request.
Oljato Bridge - San Juan County Engineer Doug Pehrson attended a meeting with UDOT officials regarding the
procedure to follow on the engineering for the Oljato Bridge. The same procedures will be used on the
Paiute Creek Bridge.
KUTV - A letter was received giving official written approval for San Juan County to use the signal from
KUTV for broadcast via translator. The letter will be referred to Bill Bayles to see if the County needs
to obtain similar approval from the other signals being transmitted by the County.
County Roads Closed - Snow Storm - Many of the County roads have been closed due to the severe snow storm
over the weekend. The County Road Department is working with the V-plows to get the roads opened for
travel.
COMMISSIONER CALVIN BLACK'S REPORT
Cost of Living Increase - County Employees - Action will be deferred on all increases until current job descriptions, classifications, and evaluations can be compiled on all County employees. Comnissioner Bailey felt sane salary adjustments need to be made at the same time the cost of living increase is approved with the cost of living increase retroactive to January 1, 1988. Administrative Assistant Rick Bailey was asked to work with the other elected officials and department heads in compiling the information.
Transient Room Tax - Economic Development and Tourism director Peggy Humphreys met with the Monticello City Council on tourism and promotions in the area. Mrs. Humphreys recommended the city support increasing the transient room tax from 1 1/2% to 3%. Commissioner Black has contacted nearly all the motel owners in San Juan County and found the majority are opposed to the increase. Before considering an increase Commissioner Black suggested the following be accomplished:
1. A definitive plan must be submitted and approved; what the money is going to be used for, including whatever staffing, whatever marketing strategies, promotion and activities.
2. The majority of the motel owners in San Juan County must approve the increase.
3. A large majority of the other businesses not subject to the 3% transient room tax must be willing to make a two-year commitment to pay one-half of one percent of their taxable sales into a travel and development fund.
Executive Session - A motion to adjourn into an executive session for the purpose of discussing financial matters between Dr. Kelly Nicholes and San Juan County was made by Comnissioner Bailey and seconded by Comnissioner Maryboy. UNANIMOUS.
BILLS APPROVED FOR PAYMENT
San Juan Health Care Services operating transfer hospital $35,000.00
Peggy Humphrey travel expense Chicago 445.34
A & E Generator Inc. repairs road department 77.72
Blasting & Mining, Inc. drilled/shot rock road department 9,600.00
Kaykie's Bakie courthouse luncheon supplies 4.77
Donald Kilgrow witness fees Sonny Coleman 14.00
National Geographic Society 100 years adv & disc library (B) 32.20
National Geographic Society journey into China library (B) 25.45
Niwot Industries supplies sheriffs department 23.96
Nuclear Testing Services repairs surveyor 182.85
CSUF Foundation invoice No. 2773 654.85
Rutland Tool & Supply inspection tool set 62.33
Tri-Arc Hotel travel expense Doug Pehrson 30.00
Van's Service repairs road department 455.50
Magazine Marketplace, Inc. subscription library (M) 25.44
Abajo Electric service charge library (M) 30.00
Aba jo Petroleum, Inc. fuel road department 4,865.08
Alan's Body Shop windshield road department 206.54
Arnold Machinery Company parts road department - 17.64
Baker Sanitation Blanding Branch service Blanding. road shed/library 22.00
Bancroft-Whitney Company books attorneys office 290.70
Bill Bayles parts commnunications 29.42
Black Oil Company fuel road department 611.35
Charles Bowles travel expenses/Calif, extradition 132.00
Keith H. Chiara counsel Charlie Hutchins 240.00
Day-Timrs, Inc. supplies computer 49.77
Delwes Company, Inc. supplies library (M) 41.30
Demco supplies library (B) 61.82
Enco Manufacturing Company tap & die set road department 80.05
Frito-Lay, Inc. supplies vending machine 7.14
W.W. Grainger, Inc. supplies road department 46.34
Hafer's Incorporated corrected inv. 729292 482.69
Intermountain Battery supplies road department 299.70
Kirby, Jack H. travel expense Salt Lake 36.00
Lawson Products, Inc. parts road department 198.66
Venice Lyman restitution Deen Lyman 100.00
Mark Maryboy travel expenses Dec. 1987 339.00
Monticello City Justice/Peace Michael J. Boe 600.00
Motor Parts Company parts road department 2,039.59
Motor Parts Pro Mart Home Center parts road department 2,821.78
Nasco West, Inc. supplies extension department 42.78
Parkway Tire Center UPS charges road department 6.09
Gus Paulos Chevrolet, Inc. parts road department 294.19
Performance Products parts road department 42.94
Petrolane Gas Service propane road department 283.97
William H. Pierce expenses sheriffs department 66.24
Parley Redd's Food Town supplies library (L) 135.29
The Reliable Corporation printer module sheriffs department 121.46
Rusty Iron & Salvage supplies road department 490.06
San Juan County bail forfeit/.W.C.Bartley 2,500.00
San Juan County Hospital work courthouse Nov., Dec. 1,290.00
San Juan Pharmacy sheriffs department 33.78
The San Juan Record conmission meeting changed 4.20
Schafer Auto repairs road department 153.00
Swenson, Eric P. Tammy Shumway case 112.50
United States Welding, Inc. supplies road department 770.06
Utah Department of Transportation receipt No. 08413 36.00
Utah Power & Light Company utilities recreation 41.52
Wheeler Machinery Company parts road department 175.36
Xerox Corporation supplies clerks office 160.80
Adjournment - There being no further business the meeting adjourned at 3:45 p.m.
________
Calvin Black, Chairman Merna C. Johnson, Deputy Clerk