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MINUTES OF THE SAN JUAN COUNTY COMMISSION AUGUST 26, 1985
The San Juan County Commission met in regular session on August 26, 1985 at the hour of 10 a.m. in the San Juan County Courthouse at Monticello, Utah.
The following members were present: Commissioner Calvin Black, Chairman
Commissioner Kenneth R. Bailey Commissioner Jerry Holliday
Minutes of the August 19, 1985 meeting were approved as corrected on the motion of Commissioner Holliday. The motion was seconded by Commissioner Bailey. UNANIMOUS.
Bluff Airport - Airport Lease w/BLM
Gail Johnson, County Clerk/Auditor, met with the commission to discuss the Bluff lease with the BLM. Annette Jameson with the BLM has done research to get the Bluff Airport back into compliance. The following letter was sent to the BLM.
August 26, 1985
Bureau of Land Management P. 0. Box 7 Monticello, Utah 84535
Gentlemen:
Per your request of August 21, 1985,please renew the Bluff Airport lease with San Juan County. A copy of the last certificate of the Utah Division of Aeronautics is attached.
Also enclosed are statements of gross business receipts for 81-82, and 82-85, and a check for $50. This should bring the lease current on the Bluff Airport.
This matter was taken up in commission meeting on this date. Should you need further information, please contact the county clerk or a member of the commission.
Sincerely, /s/ Calvin Black Calvin Black Commission Chairman
Communications Technician
Special-Use Application: Bill Bayles, Communications Technician met with the commission requesting the execution of a Special-Use Application with the Forest Service for the facilities on Abajo Peak. The Forest Service will be charging for a class D permit, which is 2% of the value or a minimum of $100. Motion was made by Commissioner Holliday for the approval of the application and seconded by Commissioner Bailey. UNANIMOUS. Mr. Bayles will check with the Forest Service to see if the 2% charge is based on a depreciated value.
Equipment Liability: Mr. Bayles will check with the County Attorney to see if the county is liable for the equipment in the building. The county attorney will prepare an agreement stating the county assumes no liability on subleases.
User-Group: Mr. Bayles reported that during the last month, they have formed a user-group for Abajo Peak. The purpose of the group is to make sure there will not be problems with regard to frequencies used, etc. It was suggested by Commissioner Black that members of the user-group could participate in keeping the roads open.
New Building Facilities - Abajo Peak: The Forest Service has a proposal to build a new building in the place of the present one. There will be a sharing of the cost of the building and a new tower. The county will need to budget for this. The exact costs will be determined in September. Mr. Bayles said we have two options: we can move all our equipment in the new building and lease the TV building. However, Mr. Bayles said the Forest Service would like to see the TV building gone because it is a fire hazard. The other option is to just move everything into the TV building.
TV Building Repairs: Mr. Bayles reported needed repairs of the roof installation and ramp.
Personnel Termination Procedure
Commissioner Bailey reported to the commission his concern for the way blue slips were being filled out by the department heads. It was decided by the commission that all blue slips, whether voluntary or otherwise, would be reviewed by Rick Bailey, Administrative Assistant, before being given to the employee. Also a timely record should be kept in each employee's file.
District Fire Warden Meets
John Baker, District Fire Warden, met with the commission to report a controlled burn in Dark Canyon Plateau. There were also three small fires near LaSal.
Monticello Airport - Well
Rick Bailey, Administrative Assistant, presented the well logs on the Monticello Airport well. After reviewing the information, Commissioner Bailey instructed Mr. Rick Bailey to have the pump pulled and Commissioner Bailey would inspect it to determine if the problem is pump related.
County Jail
Rick Bailey, Administrative Assistant, met with the State Historical people and the Community Block Grant people. They told him the county can buy the property, but not to do anything with the house until they do their photographs and analysis. Commissioner Bailey signed the Memorandum of Agreement with the State Historical Society. Also, the county will need to hire a contractor (archaeologist) to conduct a study of the property. The Commission would like to get Bill Davis.
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Pat Spurgin - High Level Nuclear Office Meets
Mr. Pat Spurginf Director of the High Level Nuclear Waste Office, met with the commission to discuss the commission's concerns regarding the USU construction worker survey contract. The Commission felt that USU has gone on record as being predjudice against the repository in this area. Mr. Spurgin agreed, and assured him that any biased negative statements would be taken into account as such and disregarded.
Mr. Spurgin reported that there is not much going on in this area at the present time. That although there has been a re-evaluation of the weights assigned to certain siteing criteria, it will probably not have much effect on the Davis Canyon status.
Mr. Spurgin told the commissioners that he has not received a request from either Grand or San Juan counties concerning the reimbursement from the state for monies spent by the county in connection with the Davis Canyon study. The High Level Nuclear Waste Office has approximately $15,000 in obligated funds that nobody has sought reimbursement for. Rick will check the status of this.
Mr. Spurgin informed the commission that on September 6, 1985 NCR will be having a meeting in Washington with the people who attended their earlier meeting on the guidelines. They are considering now the timing of DOE's preliminary determination of the suitability of sites. There are two possibilities: 1. the DOE will only have to come up with one good site; 2. the DOE will need to have three sites after site char-acterization. Also the Mission Plan has been submitted to Congress and they will be conducting some Congressional Hearings on September 12, and 13. They will accept requests for opportunity for testimony. There is a possibility that DOE will fund a representative from the San Juan County. Mr. Spurgin will talk with the Governor's office and get back with Commissioner Black regarding this funding.
Tully Lameman - UNDC Meets
Mr. Tully Lameman, Deputy Director of the UNDC, met with the commission regarding the commission's recommendation that Mr. Rick Bailey be appointed to the UNDC Board. The UNDC Board will be meeting next week, September 5, 1985, in Windowrock and Mr. Lameman reported there will be some additional discussion on this appointment at this meeting. Sane of the projects the UNDC is presently working on and concerned with are: water system, power line extension, proposal for Title IV money for teacher training and adult education, possibility of headstart program, and funding for child development. The Commission suggested the aquifer at Gouldings may not handle any addition to the present system.
Mr. Lameman reported that the UNDC has met with the people of the Navajo Tribe where they asked for a police substation at Montezuma Creek. He further reported that the Tribe is going to place two Navajo police officers at Montezuma Creek.
Commissioner Black inquired as to why ElPaso Natural Gas was dismanteling the community of ElPaso Camp near Montezuma Creek. Mr. Lameman said they are selling their operation there. Commissioner Black suggested the Tribe work our some agreement with ElPaso for the purchase of the community rather than destroy that development. Mr. Lameman said he would look into it further.
San Juan County Nursing Home - Possible Sale
Rick Bailey reported that Bonneville Health Care System is interested in the purchase of the San Juan County Nursing Home and possibly the hospital. He will be meeting with them Wednesday, August 28, 1985 to tour the premises.
San Juan County Recreation Organization
Commissioner Holliday requested Rick Bailey, Administrative Assistant, to arrange a meeting with Jim Benally, Kim Fai Chan, Kathryn Osborne, Eddie Allred, and Dennis Jones to work up a program to present to the schools before September 17, 1985. Commissioner Bailey strongly suggested that one person be in charge and responsible for the coordination of all activities. This person should be familiar with fund raising and applying for impact grants, etc.
The Commission instructed Rick Bailey to start advertising for the position as soon as everyone involved is committed. Rick will check further into what type of organization the group will be set up under as to incorporation, etc. Mr. Rick Bailey will send statements to the other entities of the group for their pledged share.
San Juan County Fair
Commissioner Holliday suggested that the commission send a letter of appreciation to Shirley Steffen for the work she and her committies have put forth for this year's fair. Mr. Rick Bailey will draft a letter.
Commissioner Bailey reported that he felt the fair turned out pretty good, however, he would like to see more participation from the Blanding area and more coordination with the UNDC.
Recapture Dam Road
Commissioner Holliday reported he had talked with Norman Nielson, President of the Water Conservancy District, about getting the road on the west side of the dam across to the canal bridge. Commissioner Bailey will determine what the cost would be for this road. The Commission felt this would not be feasible. Commissioner Holliday will check into it further.
Monticello Library - custodian
Commissioner Bailey reported that Rufino Romero had been hired for the position of custodian of the Monticello Library.
Blanding Library - Librarian
Commissioner Bailey reported that Mikki Palmer had been hired for the position of Blanding librarian.
Montezuma Creek Bridge
Commissioner Bailey reported that Reed Noble said he did not want the cold mix for the Montezuma Creek Bridge; that he wants hot mix. After some discussion, the commission felt the cold mix would be fine. Commissioner Bailey said they are going to decrease sane of the rip rap on the dikes and place around the bridge, which has been approved by the State.
Fair Labor Standards Act
Mr. Rick Bailey, Administrative Assistant, called the Wage and Hour Division for clarification on when time starts on the job. Mr. Bailey was told that if the place of work was predetermined, i.e., the employees were told that on the following day they would be working at a certain point and to report there, or if they reported to the job and transported there, then time would start on the jobsite. If, however, they report to work and are then told to relocate, then time starts when they first arrive. Also another determining factor is, if the employee is assigned any task, such loading a pickup or anything, then time starts then.
On the payment of milage, the Wage and Hour Division informed Rick Bailey, that it is entirely up to the county.
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Recapture Lake - Pre-application Grant
Mr. Rick Bailey, Administrative Assistant, reported that the grant pre-application has been sent in for Recapture Lake. Mr. Bailey also reported that the pubic meeting will be held in about two weeks.
Gwen Halls - Overpayment
Mr. Rick Bailey, Administrative Assistant, reported that Gwen Halls has cashed the check, but is willing to return the overpayment to the county. However, she feels the county has not completed their end of the agreement in reclaiming the property. Commissioner Bailey stated that she wanted more done than was outlined in the contract, and further that the county is in compliance with the contract except for the planting, which they will do this fall. Commissioner Bailey said he would review the contract with Mr Hugentobler of the Road Department. Mr. Rick Bailey will draft a letter requesting the return of the overpayment.
Clem Washburn - County Property Reconveyance
Bruce Halliday, County Attorney, said he had talked to Ray Redd and Marion Hazelton, previous Commis-sioners regarding the question of the right-of-way near the Washburn property. Messrs. Redd and Hazelton had no recollection of why the county has that particular property. Bruce also talked to Harold Young who developed the subdivision, and he didn't know anything about it. He will check further.
County Sheriff's Jurisdiction
The County Attorney Bruce Halliday discussed jurisdiction. Mr. Halliday informed the commission that at the present time Sheriff Wright has jurisdiction on the reservations with regard to those private properties as well as properties owned by county or state, but only with regard to non-Indians. Anything that has to do with Indians is either under federal jurisdiction and/or tribal jurisdiction. With regard to Indians having fee title to land, under the federal statute this is referred to as "Indian Country". If it is Indian Country and it involves Indians, then the state and county have no jurisdiction.
The tax status of "Indian Country", at least at the present time, is still open to being taxed.
Waiver of Certification for Deputies Not Qualified Under State Law
Mr. Halliday, County Attorney, informed the commission that this particular certification comes through
Police Officers Standards Training (POST). Mr.
Halliday has informed Sheriff Wright and advised him to pursue through POST.
Old Blanding Clinic Building - UDIA Lease
Bruce Halliday, County Attorney, reported to the Commission that he received a letter from Clark Fetzer, Assistant Attorney General, regarding in part the insurance and indemnification the county requested from UDIA. In his letter Mr. Fetzer states the State and its agencies do not agree to insurance provisions in their contracts with others because the insurance provisions generally do not tie in with the State's risk management fund. Instead, the State and its agencies will generally represent to a lessor that, pursuant to Utah Code Annotated SS 63-1-45 through 50, the State will maintain public liability insurance in an amount of not less than $1,000,000 covering liability for personal injury arising out of the use by the State and any of its agencies of the property which is the subject of the agreement, and property damage insurance in an amount that will cover any loss or damage to the property which is the subject of the agreement while the property is in possession or custody of the State or any of its agencies. You should note that the States risk management fund does not insure the lessor, and the lessor is not a "named" insured.
Mr. Fetzer also stated in his letter that his office has concluded that a State Officer, which would include the Director of the Division of Indian Affairs, has no authority to bind the State to an indem-nification agreement such as the one proposed by the county. Consequently, he could not approve the Division's execution of the indemnification agreement.
However, Mr. Fetzer stated the subleases would be agreeable to providing the insurance and indemnification directly to the county as requested in the proposed agreement. An agreement with the sublessees would satisfy he county, and would be consistent with the proposal sent to UDIA; the Division of Indian Affairs and/or the sublessees have the responsibility to provide insurance and indemnity.
Bruce will get a letter of confirmation that they have that responsibility.
Communications Building on Abajo Peak - Liability to Lessors
Commissioner Bailey asked Bruce Halliday, County Attorney, what the county's liability is to lessors on their equipment they have in the county's building. Mr. Halliday said the lease agreement could show the lessee to assume that liability.
Treasurer Meets - Investment Renewals
Marian Bayles, County Treasurer, met with the commission for their recommendations on investment renewals-the county investments were renewed with First Security Bank as follows:
Five Year TCD at 10.25%
$1,082.002 - Trust Fund $1,631.719 - Road Capital Investment
One Year TCD at 8.25%
$293,000 - Health Fund
$2,500,000 - B Road
$100,000 - Tort Liability
$100,000 - Library Fund
Wayne County - BLM Land Acquisition for Irrigation
Commissioner Black reported that Wayne County is applying for approximately 12,000 acres of BLM land under the Carry Act, which is a means to get land reclaimed to irrigation. It goes through the Federal Govern-ment to an entity such as a conservancy district, then it can be sold to individuals and they put in a complete water system. Commissioner Black said this provision has not been used in over ten or twenty years. Commissioner Black will talk to Norman Nielson about this.
Halls Crossing Airport
The Commission received a copy of a letter sent to Federal Aviation Administration from a Congressional Delegation thanking them for funding the preliminary study of the Halls Crossing Airport and urging a early review of the data.
San Juan County Extension Service
Commissioner Black reported that he will be meeting with Dr. Ralph Home in Salt Lake City next week regarding the Extension Service in San Juan County.
Muhlestein Salary Increase Request
Gail Johnson, County Clerk/Auditor, reported to the commission that she has requested information from several other counties with regard to their JP's
work load and clerical help. She has not received all the information as yet, but will make a recommend--ation next week. The Commissioner's Clerk will research the minutes for the agreement made with Judge Muhlestein with regard to clerical help.
Bills Approved for Payment
Arnold Machine Company Parts for Road Dpt. 487.66
Richard M. Bailey Travel Expenses 151.07
Ballard Supply Corporation Batteries for Sheriff Dpt. 25.80
Nelson Begay Uniform Allowance for July-August 73.30
Oley Black Tool Allowance for August 1985 25.00
Tully Black Uniform Allowance July-August 70.00
Black Oil Company Deisel for Road Dpt. 6442.50
Blanding City Justice Court Elliott Singer #34177 190.00
Blanding Home Center Supplies Communications 21.07
Blue Mountain Petroleum, Inc. Fuel Purchase Road Dpt. 8452.04
Phillippe Bolduc Uniform Allowance July-August 70.00
Charles Bowles Uniform Allowance August 1985 20.00
Robert F. Bryan Tool Allowance August 1985 25.00
M.V. Christensen Hualing for Road Dpt. 3773.00
City of Monticello Repairs for Fire Control 1567.50
Rudolph Cook Uniform Allowance July-August 1985 70.00
C.W. Electronics Sales Company Supplies Communications 53.63
Dept. Administrative Services Information sheets 25.00
Tom Dyer Uniform Allowance July-August 1985 70.00
Federal Programs Advisory Services Supplies for Rick Bailey 92.00
Field Consulting Services 512K Memory Upgrade/Compaq 200.00
Fifth Circuit Court RE: John French 73.00
First Security Bank of Utah Acting Bond Transfer Agent 456.75
Future Electronics Supplies Communications 44.55
Grand County 12th Circiut Court RE: Curtiss Billsie 106.00
Freeda P. Guymon Reimbusement for Phone calls 25.00
Mike Halliday Uniform Allowance July-August 1985 70.00
Stanley M. Hawkins Tool Allowance for August 1985 25.00
Horsehead Hardware Supplies County Fair 3.75
Hunt Communications Supplies Communications 81.21
Intermountain Battery Batteries purchaseed Road Dpt. 104.50
N. Glen Jackson Work in S.O.-August 10,18,& 25th, 1985 108.00
Juab County Justice of the Peace Warrant Kirk Pehrson 60.00
Jack H. Kirby Uniform Allowance July-August 1985 70.00
Grant H. Leavitt Green Fees for August 1985 1247.80
Gary Martineau Janitor Blanding Library 404.25
Kenneth Miller Hualing for Road Dpt. 3118.50
Monticello City Justice of the Peace #8253 (4600) #8210 (3200) 120.00
Navajo Tribal Utility Auth. Utilities Fire Control 7.50
Victor Nebeker Tool Allowance for August 1985 25.00
Oxmoor House Book for Extension Office 17.64
Norpac Exploration Services Timothy Saden # 637 2000.00
Palmer's Supplies Communication 8.56
Tierre J. Patterson Tool Allowance August 1985 25.00
William H. Pierce Uniform allowance July-August 1985 70.00
Professional Armaments Supplies Sheriffs Dpt. 49.90
Roland Communications Inc. Parts for Communicaton 130.00
Rufino Romero Custodian Monticello Library 75.00
Salt Lake County Justice of the Peace RE: John French 105.00
Timothy Saden Timothy Saden #637 25.00
San Juan County Herbicide Spraying 1498.85
San Juan County Assessor K.Schuster(25)W.B. Jones(25) 50.00
San Juan County Justice of the Peace Collection from S.O. Dpt. 2475.32
San Juan County Sheriff Petty Cash S.O. 351.98
S.J.County 12th Circuit Court RE: Raymond Cowboy 1113.00
San Juan Pharmacy Film for County Fair 7.04
Gaylen Schaugaard Library Grounds Janitor (M) 173.25
William 0. Sheppard Work at Blanding Golf Course August !85 600.00
Shilo Inn-Salt Lake City Travel for IRick Bailey 96.00
Dwayne Shumway Construction Hauling for Road Dpt. 1944.25
Southern Paving Company Asphalt for Road Dpt. 53888.15
Steve Stovall Uniform allowance July-August 1985 73.49
Eric P. Swenson Public Defender August 1985 500.00
Texaco Incorporated Gas Purchased Aging Buses 380.47
University Radiologist Payroll deduction 100.00
Utah Power & Light Company Utilities Bluff Building 92.20
Ut. State Dpt. of Social Services Aging Contract 5137.56
UTEC Supplies Communications 178.00
West Publishing Company Supplies Attorneys Office 36.50
Wheeler Machinery Company Parts for Road Dpt. 1303.05
White Mesa Ute Council Senior Citizen meals July/Aug. 1985 242.50
S. Rigby Wright Uniform allowance July/Aug. 1985 70.00
Wycoff Freight charges Road Dpt. 23.87
Young Builders Incorporated Repairs Monticello Golf Course 1002.50
There being no further business this day, the meeting adjouned at approximately 4:30 p.m.
Calvin Black, Commission Chairman M. Jane Musselman, Deputy Clerk