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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD
AUGUST 23, 1982
Time: 10:00 a.m. in the Commissioners room at the Monticello Courthouse.
Members Present: Chairman Calvin Black, and Commissioner Kenneth Bailey. Commissioner Robert Low
was excused.
Minutes of the previous week were read and approved upon the motion of Commissioner Bailey and the second of Commissioner Black and it carried unanimously.
CEDAR POINT ROAD REPAIR REQUESTED;
Mr. Bruce Medley, representing the community of Cedar Point, presented the following letter of petition
for road repair:
August 17, 1982
Dear Commissioners:
We, the residents of Cedar Point, petition the County Commissioners for the urgent needs to our main roads. Our roads have depreciated to a condition of being dangerous and most costly to use.
We have been patient in waiting for the promised repair work. Now the time has arrived for our school bus to begin running and still the roads are not fixed.
We have committed ourselves to assist all we can with this work. We will donate the water needed and the rock material for this road repair.
Besides the 16 families who live on Cedar Point the year round, we have very heavy oil well traffic on our roads. The heavy trucks and numerous cars and pickups run day and night when there is this oil drilling activity and they have deteriorated the roads more than you may have realized. Our roads are really in a terrible condition.
Thank you for your cooperation. Signed by—29 Cedar Point residents.
Mr. Medley also presented a letter from Robyn Miller concerning the condition of the Cedar Point Road. Mr. Medley explained that the residents of Cedar Point have begun a project to gravel their driveways for improved access for fire protection. Since the community has offered to make available the rock material for repairing the Cedar Point Road, the Commission agreed that in compensation for the rock material the county will load rock in trucks provided by the community for the driveway project.
EQUALIZATION DATES RESET:
County Treasurer, Marian Bayles, and the Commission re-scheduled the Equalization Days for 1982 for
September 7th and September 20th, from 1:00-5:00 p.m. in the Monticello Courthouse.
BUILDING PERMITS SIGNED:
The Commission approved variances for less than 10 acres per lot on the building permits of Thomas A. Repasi of Sandy, Utah, for the Cannon Terrace subdivision, Stephan Redd of Monticello, and Carl Hoskins of LaSal. The approved permits were then signed by Commissioner Bailey.
GOVERNOR TO HOLD PUBLIC MEETING IN MONTICELLQ;
Commissioner Bailey reported that Governor Matheson will be in Monticello on Tuesday, August 31st, for
a public meeting concerning the proposed spent nuclear fuel repository. The meeting will begin at
6:30 p.m. in the High School auditorium. The commissioners would like to participate in the meeting and
each will prepare a statement dealing with either the economics, safety, or national and local energy
issues as they relate to the building of a repository for the storage of spent nuclear fuel.
LA SAL CEMETARY REPORT;
Commissioner Bailey reported that LaSal is working to organize a cemetery district and he has mailed a
copy of the State cemetary maintenance district laws and amendments to President Clive L. Stewart.
ABAJO TOWER ROAD IMPROVEMENT DISCUSSED:
Commissioner Bailey reported that Bernal Bradford has been authorized to work with the Forest Service to make changes near the top of the road to the Abajo transmission tower so that snow mobiles can be driven to the tower in the winter months.
RAY BECKHAM MEETS WITH THE COMMISSION:
U.S. Congressional candidate, Ray Beckham met briefly with the Commission. Accompanying Mr. Beckham were Jeff Ruffolo and Robert Anderson. Mr. Beckham stated that he supported further testing for a nuclear repository at the Gibson Dome site.
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BLUFF TO MQNTEZUMA CREEK ROAD ARCHAEOLOGY REPORT;
Mr. Aca Nielsen and Mr. Winston Hurst presented their second archaeology report for the Bluff to Montezuma Creek Road project. The Commission concurred with the report and authorized Mr. Nielson and Mr. Hurst to continue work on the archaeological portion of the road project on the same basis as their first contract with the County for this project. The commission was appreciative of the help and interest they have shown on the project for the county.
The cover letter to the report will follow at the conclusion of the minutes for this day.
BLUFF TO MONTEZUMA CREEK ROAD BID DISCUSSED;
It was the decision of the Board of County Commissioners to contact Mr. Archie Hamilton and request that the Utah Department of Transportation bid the Bluff to Montezuma Creek road project in one package to facilitate the bidding on the project.
BILLS PRESENTED FOR APPROVAL AND PAYMENT;
First Security Bank of Utah Purchase B-Road TCD $ 194,000.35
San Juan County Fair Prise Money for County Fair Premiums 1,500.00
Debi Harvey Judge at San Juan County Fair (Jean Chowning) 250.00
Alice Lovell Displays at County Fair 75.00
Louise Harvey Displays at County Fair 124.00
First Security Bank of Utah Purchase Road Capital Improvements TCD 597,567.17
Everett Johnson Fee for live music at County Fair 600.00
Motor Parts Supplies 1,467.12
Aquatech Pool & Patio Shoppe Globes, etc;. 142.52
Wayne Ball Monticello Library Janitorial Services 200.00
Boyd Bradford Travel for survey 44.73
Cleal Bradford Planning Council Coordinator 795.26
Nancy Bradford Travel for survey 26.46
Rita Bryan Travel 26.68
Carr Printing Company 1982 Registration Supplies 780.51
Chevron U.S.A. Inc. Gasoline 143.48
Gibsons Furnace Cleaned, serviced library furnaces 1,020.00
Al Haskins Travel 125.38
John Himmelberger Firefighter 10.50
Hogie's Restaurant Travel 21.60
Joseph E. Johnson Magic Show at County Fair 265.00
Elton Jones Witness Fees 20.60
George Kensley Standby warden and firefighter 85.50
Alene MacFarlane Travel 49.77
Gary Martineau Blanding Custodial Services for library 350.00
MuniChem Corporation Cleaning Material 60.31
Navajo Tribal Utility Authority Utility 9.62
Burt Odette Monticello Custodial Services for library grounds 150.00
Redex, Inc. Freight 6.24
Restaurant and Store Equipment Co. Double Boiler and Skillet(Senior Citizens) 35.19
Texaco USA Gasoline 685.06
Harold K. Tso Travel, labor and business profile 125.67
San Juan County Road Petty Cash 59.21
San Juan County Hospital Work on hospital addition 7,346.32
Larry Sarden Fee for Live music at County Fair 300.00
The Sportkeeper Linemarkers; Trophy 226.10
Eric Swenson Public Defender for month of August 500.00
Timmerman Stephan Associates, PC San Juan County Emergency Care Center 5,850.00
Utah Power & Light Company Utility 98.68
Wheeler Machinery Company Parts 1,696.97
Jim Stevens Travel for 4-H Camp 72.50
DEL WEB RECREATIONAL PROPERTIES, INC. REQUESTS INDUSTRIAL REVENUE BONDS;
Representatives for Del Webb Recreational Properties, Inc., Jerry Sampson, Bruce Kellage, Scott Ruby, and Dave Johnson, met with the Commission at 2:30 p.m. Mr. Ruby presented an application from Del Webb Recreational Properties for the issuance of $3,000,000.00 of industrial revenue bonds for the expansion of its marinas at Kite and Halls Crossing located in San Juan County. By expanding the two marinas, Del Webb expects to increase its business at both locations, which will increase employment, property taxes and sales taxes within the county. Mr. Ruby explained that the bonds will be placed through Young, Smith & Peacock, Inc, with a private investor and will be backed by a security interest in the property purchased as well as insurance secured through one of three insurance companies which write this type of insurance. It was also clarified that the County will have no financial liability and will never be olbigated to pay the bonds back.
After reviewing Del Webb's application and discussing the need for further development at Hite and Halls Crossing, Commissioner Bailey made a motion to adopt an inducement resolution to allow Del Webb Recreational Properties to receive Industrial Development Bonding not to exceed $10,000,000.00. The motion was seconded by Commissioner Black and it carried unanimously. The resolution, thus adopted, will follow at the end of todays minutes.
B.L.M. DISCUSSES LAND USE APPLICATIONS;
B.L.M. Area Manager, Ed Scherick, and Annett Jamison met with the Commission to discuss the regulations for obtaining land use permits. They also clarified for the Commission the different classifications of permits, public sale of B.L.M. lands, and obtaining right-of-ways. Blanding's City Mayor, Cleal Bradford, was also present for the discussions.
RESOLUTION FOR TAX ANTICIPATION BONDS; (Resolution 1982-4)
The Board of County Commissioners of San Juan County, State of Utah, met in regular session on Monday the 23rd day of August, 1982, at the hour of Ten o'clock, A.M., in the Courthouse at Monticello, Utah.
On roll call, the following members were present;
Calvin Black, Chairman
Kenneth R. Bailey, Commissioner
Also present; Mary Jane Phillips, deputy clerk Absent; Robert R. Low, Commissioner
The Minutes of the previous meeting were read and approved, and other business was conducted. Thereafter, Commissioner Kenneth R. Bailey, introduced the following resolution in writing and moved its adoption;
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WHEREAS, there is an immediate and pressing need for raising funds to the amount of $300,000.00 for the year 1982 until the payment of taxes for the year 1982, and
WHEREAS, the sum of Three Hundred Thousand Dollars ($300,000.00) required to be raised is not in excess of seventy-five per cent (75%) of said revenue for the year 1982, and
NOW, THEREFORE, BE IT RESOLVED that San Juan County, for the purpose of meeting the current expenses of said County for the year 1982 until the payment of taxes for the year 1982, shall borrow the sum of Three Hundred Thousand Dollars ($300,000.00) and for that purposes as evidence of such indebtedness shall issue three (3) bonds, numbered one (1) to three (3), both inclusive, in the denomination of $100,000.00 each, bearing interest at the rate of nine and one fourth percent (9.25%) per annum from date until paid.
Said bonds shall bear date as of the 25th day of August, 1982, shall be known as "San Juan County Bonds, Series of August 25, 1982" and shall be due and payable December 31, 1982, both principal and interest being payable at maturity in lawful money of the United States of America at the First Security Bank of Utah, N. A., Monticello, Utah, said bonds and each of them, except as to consecutive numbers, to be in substentially the following form to-wit:
UNITED STATES OF AMERICA
STATE OF UTAH COUNTY OF SAN JUAN
SAN JUAN COUNTY BOND SERIES OF AUGUST 25, 1982.
No._________ $100,000.00
TAX ANTICIPATION BOND KNOW ALL MEN BY THESE PRESENTS:
That San Juan County, State of Utah, 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 ($100,000.00)
in lawful money of the United States of America, on the 31st day of December 1982, at the First Security Bank of Utah, N.A., Monticello, Utah with interest thereon at the rate of nine and one fourth per cent (9.25%) per annum from date until paid, payable at maturity.
This bond is one of a series of bonds of like tenor and effect, numbered from one(l) to three (3), both inclusive, in the denomination of $100,000.00 each, and known as " San Juan County Tax Anticipation Bonds, Series of August 25, 1982," for the aggregate sum of Three Hundred Thousand Dollars issued pursuant to Section 11-14-1 Utah Code Annotated 1953, as amended.
The Board of County Commissioners shall levy in the year 1982, a sufficient tax to pay the principal and interest on this bond as the same shall fall due, and this bond is issued in anticipation of the payment of such taxes for the year 1982.
It is hereby certified, recited and declared that the entire indebtedness of said county hereby incurred is not in excess of the taxes of said County levied or contracted for the purpose for which said taxes are levied.
It is further certified, recited and declared that all conditions, acts and things essential to the validity of this bond 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 bond is within every debt and other limit prescribed by the Constitution and Laws of said State, and that the full faith and credit of San Juan County are hereby irrevocably pledged to the punctual payment of the principal and interest of this bond according to its terms.
IN WITNESS WEREOF, San Juan County, by its Board of Commissioners, has caused this bond to be signed by its Chairman and by the County Treasurer and attested by the Clerk of said County and the Seal of said County to be affixed hereto as of this 25th day of August, 1982.
ATTEST:
(Do Not Sign)___________
(Do Not Sign)_________ . Chairman
County Clerk
(Do Not Sign)___________
County Treasurer
There shall be endorsed on each of said bonds the following:
COUNTY AUDITOR'S CERTIFICATE
I, Clytie Barber, Auditor of San Juan County, State of Utah, do hereby certify that this bond is issued pursuant to law and is within the lawful debt limit of said County.
(Do Not Sign)_________
County Auditor
Said bonds and each of them shall be signed by the Chairman of the Board of County Commissioners of said County and by the County Treasurer and attested by the Clerk of said County, and sealed with the seal of said County. The Chairman of the Board of County Commissioners of said County is hereby authorized, empowered and directed to sign, the County Treasurer to also sign, and the County Clerk to sign and attest and affix the seal of said County to each of said bonds, and the acts of said Chairman, Treasurer and Clerk in so doing are and shall be the act and deed of San Juan County.
BE IT FURTHER RESOLVED AND ORDERED that there shall be levied by the Board of Commissioners in the year 1982 a sufficient tax to pay the principal and interest on said bonds as the same fall due, and there is hereby appropriated from the collection of taxes for the year 1982 a sum sufficient to pay both principal and interest of these bonds as the same shall fall due, and for the payment of said bonds and the interest thereon, the full faith, credit and taxing power of San Juan County are hereby irrevocably pledged and the Board of County Commissioners hereby convenants and agrees with the
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holders of said bonds to levy in the year 1982 sufficient taxes to provide for the payment of principal and interest of these bonds.
NOW, THEREFORE, BE IT FURTHER RESOLVED that said $300,000.00 of San Juan County Tax Anticipation Bonds so issued shall be delivered to the County Treasurer and his receipt taken therefor and he shall stand charged on his official bond with the bonds delivered to him and the proceeds thereof, and he shall deliver said bonds to the First Security Bank of Utah, N.A., their agents or assigns, as per the terms of their agreement to purchase, as and when said bonds may be and are legally issued, upon receipt of the purchase price therefor and accrued interest, as the funds are needed, which said price is this day ratified and confirmed, and the Chairman of the Board of County Commissioners and the Treasurer of San Juan County are hereby authorized and directed to sign, execute, deliver and issue, as the act and deed of said San Juan County, the said bonds may be legally issued and delivered, and the County Clerk is hereby directed and authorized to affix the seal of said San Juan County thereto and to attest each of said bonds, and the County Auditor of San Juan County is hereby authorized and directed to place upon each of said bonds his certificate in the manner and from hereinbefore set forth.
The adoption of the above and foregoing resolution was seconded by Commissioner Calvin Black and being put to a vote, such resolution was carried by the affirmative vote of all the Commissioners, the vote being as follows:
Calvin Black, Chairman "Aye"
Kenneth R. Bailey, Commissioner "Aye"
Thereupon, the Chairman Declared said resolution duly adopted. ADOPTED AND APPROVED this 23rd day of August, 1982.
/s/ Calvin Black____________
Chairman, Board of County Commissioners, San Juan County, State of Utah
ATTEST:
/s/ Clytie Barber County Clerk, San Juan County, State of Utah
(SEAL)
BLUFF TO MONTEZUMA CREEK ROAD ARCHAEOLOGY REPORT LETTER:
Asa S. Nielson
CRMS
Brigham Young University
August 25, 1982 (corrected from August 22, 1982)
Mr. Ken Bailey, Commissioner San Juan County Monticello, Utah 84535
Dear Mr. Bailey:
The BLM has justifiably criticized our initial Bluff-Montezuma Creek road report for failing to explicitly describe the nature and extent of proposed impacts to each archaeological site identified in the right-of-way. That omission made it difficult for the BLM to objectively evaluate and act upon our recommendations, a difficulty which promplty led to misunderstanding and controversy. In order to correct that problem, and to resolve any resultant misunderstanding, Winston Hurst met with Doug Pehrson on Wednesday, August 18, for a final in-field examination of all archaeological sites in the right-of-way. The purpose of the trip was to make a final assessment of the relationship of each site to the actual construction corridor, determine the nature and extent of planned impacts, and discuss alternative responses to those planned impacts. This letter is intended to supplement and clarify our report by describing the findings of that meeting.
. . . (Archaeological sites described that hwy construction would impact) . . . (Archaeolocical site recommendations)
Once again, should any of these three sites be determined to be significant, a mitigation plan would need to be developed and approved prior to further work. It should be realized that these recommendations are just that - recommendations. The San Juan County Commission is not obligated to follow them. The ultimate decision to follow or modify the recommendations must come from the San Juan Resource Area Office of Bureau of Land Management.
We regret any inconvenience that may have resulted from lack of clarity in our initial report, and sincerely hope that the remainder of the project can be accomplished without delay or disruption.
Sincerely,
/s/ Asa S. Nielson Director -CRMS/BYU
(This letter is filed in the Clerk's Office under Road Department Reports.)
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INDUSTRIAL REVENUE BONDING INDUCEMENT RESOLUTION; (Resolution 1982-5)
R E S O L U T I O N
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY PROVIDING FOR THE EXPANSION, ACQUISITION, CONSTRUCTION AND DEVELOPMENT OF TWO MARINA AND ADJOINING COMMERCIAL FACILITIES AND CAPITAL EQUIPMENT TO BE USED BY DEL WEBB RECREATIONAL PROPERTIES, INC. AND LOCATED IN SAN JUAN COUNTY, AND PRO-VIDING FOR THE FINANCING OF ALL OR A PORTION OF THE COST THEREOF BY THE ISSUANCE OF ONE OR MORE ISSUES OR SERIES OF THE COUNTY'S REVENUE BONDS AT SUCH TIME OR TIMES AS SHALL BE APPROPRIATE.
WHEREAS, the County of San Juan (the "County") is a political subdivision of the State of Utah and is authorized and empowered under the Utah Industrial Facilities Development Act, con-stituting Chapter 17 of Title 11 of the Utah Code (the "Act"), to issue its revenue bonds to fin-ance the cost of any "Project" as defined in the Act, including without limiting the generality of the foregoing, all real and personal properties suitable for use as commercial shopping, food, lodging, recreational and other business purposes; and
WHEREAS, Del Webb Recreational Properties, Inc. (the "Applicant"), an Arizona corporation, has advised the County it intends to construct certain additions to the existion marinas and com-mercial facilities located at Hite and Halls Crossing (the "Facilities"); it is considering acquisi-tion of certain items of capital equipment to be located at Hite and Halls Crossing (said equipment hereinafter referred to as the "Improvements"); and the cost of the additions to the Facilities and the cost of the Improvements and expenses incidental thereto is estimated not to exceed $10,000,000; and
WHEREAS, the Applicant has requested that the County issue its revenue bonds in one or more issues or series and in an aggregate principal amount not to exceed $10,000,000. the proceeds from which are to be used to finance all or a portion of the cost of the additions to the Facilities and the cost of the Improvements and the Applicant will make payments to the County sufficient to pay the principal of such bonds and the interest thereon and redemption premium, if any, and such other costs as may be reasonably incurred by the County in connection therewith; and
WHEREAS, the Applicant has further advised the County that a determination by the County
to issue its revenue bonds will constitute a substantial inducement to the Applicant to proceed with
the expansion, acquisition, construction and development of the Hite and Halls Crossing marinas and commercial centers; and
WHEREAS, the Applicant has satisfied the County's application guidelines and has agreed to indemnify the County for any and all cost, expenses and liabilities;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SAN JUAN, THAT:
1. The County finds and determines that the issuance of its revenue bonds under the Act to provide the construction and permanent financing of the additions to the Facilities and permanent financing of the additions to the Facilities and the Improvements will serve the purposes provided in the Act.
2. There is hereby authorized to be issued, and this County hereby determines to issue pursuant to the Act, one or more issues or series of bonds (the "Revenue Bonds") in an aggregate principal amount agreed to by the County and the Applicant not to exceed $10,000,000 and to expend the Revenue Bond proceeds to finance all or a portion of the cost of the additions to the Facilities and the cost of the Improvements all upon the terms, conditions, interest and repayment schedule as shall be agreed to by the County and the Applicant.
3. The Chairman of the Board of County Commissioners is hereby authorized to execute a Preliminary Agreement, upon receipt of approval of legal counsel by endorsement of his signature thereon, in substantially the same form as attached hereto as Exhibit "A".
4. This resolution is an affirmative official action of the County toward the issuance of the Revenue Bonds as contemplated herein.
5. This resolution shall take effect immediately. ADOPTED this 23rd day of August, 1982.
BOARD OF SAN JUAN COUNTY COMMISSIONERS
/s/ Calvin Black_______________
Calvin Black, Chairman
ATTEST: /s/ Clytie Barber Clerk
There being no further business for this day, the meeting was adjourned at 5:15 p.m.
Calvin Black, Chairman Mary Jane Phillips, deputy clerk