MINUTES OF THE SAN JUAN COUNTY COMMISSION MEETING NOVEMBER 26, 1984
The San Juan County Commission met in regular session on Monday, November 26, 1984, at the hour of 10:00 a.m. in the San Juan County Courthouse at Monticello, Utah.
The following members were present: Commissioner Calvin Blackf Chairman
Commissioner Kenneth R. Bailey Commissioenr Robert Low
Minutes of the previous meeting were approved with the specified corrections on the motion of Commis-sioner Low. The motion was seconded by Commissioner Bailey and carried unanimously.
UAC LEGISLATIVE CONFERENCE ATTENDED
Commissioner Black reported on a few of the Resolutions passed at the UAC Legislative Conference in Park City. They are as follows:
1. A resolution opposing any further sales tax exemptions.
2. Resolution in favor of implementating Proposition 1. A discussion reviewing sane of the problems related to Proposition 1 was held.
3. Resolution in support of eliminating the Uniform School Levy. The Uniform School Levy is a 22 mill levy which is one of the largest single mill levies.
COMMUNITY DEVELOPMENT BLOCK GRANT HEARING SCHEDULED
There is a Community Development Block Grant Public Hearing and How To Seminar scheduled for Thursday, December 6th at the Moab Courthouse.
TAXATION OF VEHICLES RE: RESERVATION
Commissioner Black reported that the County Attorney has submitted his written opinion concerning the taxation of vehicles belonging to Navajo's who live on the reservation. Mr. Halliday's tentative opinion is that the Navajo's on the reservation are exempt. Mr. Halliday has requested an Attorney General's opinion on this matter. San Juan County provides sane of the same services on the reservation as other parts of the County and the Commission believes the Navajo people living on the reservation should pay the same fees as Navajo and other people living elsewhere in the County.
EXCAVATION OF INDIAN RUINS
Commissioner Black requested the County Attorney research the legality of the Commission drafting an ordinance requiring permission from the Commission before any excavation could be done on Indian Ruins in San Juan County.
Commissioner Black also requested the County Attorney research the legality of the Commission drafting an ordinance requiring all artifacts discovered in San Juan County remain in the County.
The County Attorney will report to the Commission on these requests at the Commission meeting on December 3rd.
RESOLUTION 1984-9 RE: ESTABLISHMENT OF A HISTORICAL PRESERVATION COMMISSION
Commissioner Bailey made a motion to approve the following resolution establishing a Historical Preservation Commission. The motion was seconded by Commissioner Low and carried unanimously.
RESOLUTION NO. 1984-9
RESOLUTION CREATING THE SAN JUAN COUNTY HISTORICAL PRESERVATION COMMISSION AND DEFINING ITS DUTIES AND FUNCTIONS.
FINDINGS
Pursuant to Utah Code Annotated, Section ]7-5-80 et. seq. (as amended ]979) the Utah State Legislature enacted legislation expressly authorizing Boards of County Commissioners to provide for the development of County Historical and Cultural resources. The Board of Commissioners of San Juan County, Utah has determined that substantial public interest exists within San Juan County to preserve the historical records of San Juan County; and to better preserve those political and social institutions upon which the county has been established and continues to exists.
The Board of Commissioners of San Juan County, Utah has believes that the historical heritage of San Juan County can best be identified, preserved and protected by the establishment of a commission subject to the jurisdiction and authority of the Board of County Commissioners of San Juan County, Utah.
The Utah State Legislature has further enacted Utah Code Annotated Section 11-18-1 et seq. (as amended (967) to authorize local government to expend public funds for the purpose of identifying preserving protecting or enhancing historical areas and sites. The Board of Commissioners of San Juan County, Utah finds that the authority granted to it under Utah Code Annotated Section 17-5-80 (as amended 1979) and under Utah Code Annotated Section 11-18-1 (as amended 1967) can best be implemented through the creation of the San Juan County Historical Preservation Commission with appropriate adoption of the controlling provisions of Utah Code Annotated Section 11-18-1 et seq. (as amended ]967).
NOW THEREFORE, pursuant to the laws of the State of Utah cited above, the Board of Commissioners of San Juan County resolves as follows:
SECTION 1
The San Juan County Historical Preservation Commission (hereafter Commission) is hereby created and established. The San Juan County Historical Preservation Commission shall possess those powers and be charged with those duties and obligations provided for within Utah Code Annotated Section 17-5-80 through Section 17-3-85 inclusive,(as amended ]979) and Utah Code Annotated Section 11-18-1 et seq. (as amended 1967) in addition to any other powers, duties and obligations said Commission has under Utah Law.
SECTION 2
DUTIES OF COMMISSION
The Commission shall be vested with the functions of identifying, preserving, protecting, and enhancing historic and pre-historic area, records, and information and sites within San Juan County, Utah.
The Commission shall have the powers provided for within Utah Code Annotated Section 11-18-2 et. seq. (as amended 1967) and shall:
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(Resolution No. 1984-9 continued)
A. Survey and Inventory County Historic Resources.
The Commission shall conduct or cause to be conducted a survey of the historic, architectural, and archeological resources within the County. The survey shall be compatible with the Utah inventory of Historical and Archeological Sites. The Survey and Inventory documents shall be maintained and be open to the public. The survey will be undated at least every ten years.
B. Review Proposed Nominations to the National Register of Historical Places.
The Commission shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the County. When the Commission considers a National Register nomination which is normally evaluated by profeesionals in a specific discipline and that discipline is not represented on the Committee, the Committee will seek expertise in this area before rendering its decision.
C. Provide advice and information.
1. The Commission an advisory role to other officals and departments of local government regarding the identification and protection of local historic and archeological resources.
2. The Commission shall work toward the continuing education of citizens regarding historic preservation and the County's history.
D. Support Enforcement of State Historic Preservation Laws.
The Commission on shall support the enforcement of all state laws relating to historic
preservation. These include, but are not limited to: Utah Law 11-18-2, "The Historic District Act"; Utah Law 63-18-25, 26, 27, and 30 regarding the protection of Utah antiquities; and Utah Law 63-18-37 regarding notification of the State Historical Preservation. Office of any known proposed action which will destroy or affect a site, building, or object owned by the State of Utah and included on or eligible for the State or National Registers.
SECTION 3
FUNDING OF COMMISSION
For the exercise of its authorized function, the Commission may be funded by public revenue of San Juan County, Utah. Additionally, the Commission may accept contributions and gifts from the general public.
SECTION 4 ORGANIZATION OF COMMISSION AND MEETING
1. The Commission shall consist of five members with a demonstrated interest, competence, or knowledge in historic preservation, and shall be appointed by the San Juan County Commissioners for terms of not less than two years.
2. To the extent available in the community, two commission members shall be professional, as defined by National Park Service regulations, from the desciplines of history, and architecture or architectural history.
3. The Commission will meet at least twice each year and conduct business in accordance with the Open Public Meeting Laws of Utah. This includes public notification of meeting place, time, and agenda items.
4. Written minutes of each commission meeting will be prepared and made available for public inspection.
PASSED AND ADOPTED THIS 26th day of November , 1984.
BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, UTAH
ATTEST:
By: /s/ Calvin Black_____________
Chairman
/s/ Carol T. Hoggard, deputy______________ Commissioners voting:
Clerk- Gail D. Johnson
AYE; Commissioner Black_______________
Commissioner Bailey_____________
Commissioner Low______________
Nay: None
COUNTY ATTORNEY TO ATTEND SEMINAR
The Commission authorized the County Attorney to attend a Federal Bar Association Seminar in Salt Lake City this week.
REPRESENTATIVES ON STATE BOARDS AND COUNCILS REVIEWED
The Commission reviewed the representatives from Grand and San Juan Counties currently serving on state boards and councils. They are as follows:
Travel Council Sue Halliday
Economic and Industrial Development Cleal Bradford Department of Transportation Sam Taylor
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State Lands Paul Rattle
Parks and Recreation Kent Tibbets
Family Services Adrien Taylor
U.D.I.A. Harold Lyman
Nuclear Waste Repository Task Force Bob Low
ESTABLISHMENT OF DATA PROCESSING DEPARTMENT DISCUSSED
Gail Johnson, County Clerk, and Rayburn Jack, Health Care Services Executive Director, met with the Commission to discuss a proposal to establish a data processing department. The department would work with all other departments including Health Care Services. Mrs. Johnson is recommending John Fellmeth as the department head and would also like to retain him as Chief Deputy Auditor. The Commission requested Mrs. Johnson draft a job description and a salary recommendation to be presented at the December 3rd Commission meeting.
MEETING WITH JAIL ARCHITECT REPORTED
Commissioner Bailey reported that he met with John Peterson to discuss several possible jail sites for a County jail. Commissioner Baiely also reported that he toured a federal correction institute near Phoenix last week. Commissioner Bailey was impressed with the facility and feels the architect is very cost conscience.
WESTERN REGION BOARD MEETING
Commissioner Black reported on the Western Region Board Meeting he attended last week. The following were among the topics discussed at the meeting:
1. PILT court cases - The federal law on payment-in-lieu-of-taxes was amended regarding the Michigan Township suit to resolve the problem and gave the states the right to distribute the money. Wisconsin subsequently passed a law which distributed the PILT money to local units of government except Counties and it is believed that is contrary to the intent of the federal law. There is presently a lawsuit pending to resolve this matter and this issue may later effect Utah and other states.
2. Noxious weeds - The Environmental Defense Fund has filed a suit against the BLM using pestisides in the 9th Circuit which is in the Washington and Oregon area. The Court ruled that the BLM could not use any herbicide unless an EIS was done detailing the worst situation that could possible happen. Legally this now only applies to the 9th Circuit Area but it is having an effect on the BLM and Forest Service policies in these areas and may be applied nationally as the Supreme Court refused to hear the appeal.
The EPA has put out some new rules on the herbicide called Locust because they say it has caused cancer in laboratory animals.
3. Mining Claims - There are 1.4 million mining claims on B.L.M. lands.
4. Energy & Minerals - Oil and gas managament act that is being worked on.
5. Range Management Plan - Study is out on the range imporovement program and they expect to have more on the ground work. There is also a proposal by the BLM to significantly increase grazing fees
Also discussed at the meeting were the clean air & water bill, the farm bill, the immigration bill, comparable worth, immunity legislation and the 4-R act.
GRAND CIRCLE DISCUSSED
Commissioner Black reported that the 5-County A.O.G. is going to initiate a study of the Grand Circle, San Juan and Grand Counties have been invited to participate.
MEETING OF THE COMISSIONERS IN PANQUITCH
Commissioner Black reported that there will be a meeting to primarily discuss Lake Powell and the Glen Canyon area on the 14th of December in Panquitch. Among the counties attending will be; Grand, San Juan, Kane, Garfield and Wayne. Commissioner Black drafted a letter to John Lancaster of the Park Service regarding Lake Powell and the Glen Canyon area to be signed by the Commissioners from each county in attendance. The letter states the following requests from the counties be immediately included in the Development Plan and that funding be included for development:
1. A new marina and development at Lone Pack in the Wahweap arm of Lake Powell in Utah.
2. An access road, airport and marina at Lewelyn Bench (just below Hole-inthe-Rock and above the San Juan River).
3. A new airport at Halls Crossing.
3.35 REDUCTION IN RETIREMENT
The Commission considered the petition presented last week from some of the County employees who requested a cash amount for July thru November on their 3.35% reduction in state retirement contribu-tions.
Commissioner Black stated that he feels the amount started out as a retirement fund and the only reason their was a reduction is because the State Retirement Fund was over-funded. He further stated that he feels a 401-K plan is the only option to be considered as a fringe benefit rather than to be changed to cash compensation because of the reduced amount that would actually accrue to the employee should he be paid in cash.
Commissioner Low stated that he feels the employees should have the option to have the money in cash if they want.
Commissioner Bailey stated that he felt the decision in favor of only putting the reduciton into a 401-K plan had already been made.
Commissioner Black passed the chair to Commissioner Bailey and made a motion to make the 3.35% reduction in state retirement costs that constitutes a fringe benefit not a salary be available only for a 401-K plan or an alternate retirement plan as soon as one is I.R.S. approved. The motion was seconded by Commissioner Bailey.
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The vote was as follows: In favor:
Commissioner Black
Commissioner Bailey Opposed:
Commissioner Low
Commissioner Bailey made a motion that the 3.35% reduction in State Retirement costs be invested at the same rate as it is presently invested until a plan has been approved. The motion was seconded by Commissioner Low and carried unanimously.
NUCLEAR WASTE POLICY WORK GROUP
Commissioner Black read an article from the Utah Mining and Oil Gazette regarding the Mayor of Moab's attendance at the last Nuclear Waste Policy Work Group.
NACO RE: ENERGY & ENVIRONMENT
A report was reviewed from the NACo Energy & Environment regarding the Hazardous Solid Waste Ammendments of 1984.
EXTENSION OF U.S. 163
Commissioner Black discussed the prospect of extending U.S. 163 with Howard Latham. The proposal is as follows:
The road is now between Bluff and Kayenta.
Extend it from Kayenta, to Page, to Kanab, to Fredona, to Colorado City, and to 1-15 just North of St. George.
Extend from Bluff thru Montezuma Creek thru Aneth to Cortez thru Delores thru Teleuride, and terminating at US-550 near Ridgeway.
The Commission approved the concept of this extension and Commissioner Black will draft a letter presenting this proposal.
MONTICELLO POOL
Commissioner Bailey reported that he has been working with David Bronson on the repairs for the Monticello Pool.
RELINQUISHMENT OF R.O.W. AT OLD BLUFF T.V. SITE
Commissioner Low made a motion to approve the relinquishment of the B.L.M. rightof-way at the old Bluff T.V. site and authorize Commissioner Black to sign it. The motion was seconded by Commissioner Bailey and carried unanimously.
FINAL ADOPTED OPTIONAL PLAN OF GENERAL COUNTY (MODIFIED) FORM OF COUNTY GOVERNMENT
Commissioner Bailey made a motion to adopt the following plan of General County (Modified) form of County Government. The motion was seconded by Commissioner Low and carried unanimously.
FINAL ADOPTED OPTIONAL PLAN OF GENERAL COUNTY (MODIFIED) FORM OF COUNTY GOVERNMENT
The following optional plan of County Govenrment was approved by the electorate as the new form of County Government in San Juan County, Utah, pursuant to an Election held on the 6th day of November, 1984.
The structural form of County Government adopted is, known as the General County (modified) Form and shall retain without change or modification, all existing incorporated cities and towns, special taxing districts, public authorities, county service areas, and other local public entities functioning within the boundaries of San Juan County, Utah.
The County remains vested with all powers and duties vested in Counties by general law.
The Governing body of the County shall be a County Commission and shall be composed of three members, who shall be elected from individual districts. The proposed districts shall be as follows:
COMMISSIONER DISTRICT I: Beginning at North East Corner of San Juan County, Utah, thence South along
the State Line between Utah and Colorado to where it intersects a line between Townships 37 South and 38 South, SLB&M; thence West along the Township line to where it intersects with a line between Ranges 24 East and 25 East; thence North along the Range line to where it intersects with a line between Townships 35 South and 36 South, SLB&M: thence West along Township line to where it intersects with a line between Ranges 16 East and 17 East; thence South along the Range line to where it intersects with a line between Townships 38 South and 39 South; thence West along Township line to where it intersects with a line between Ranges 15 East and 16 East; thence South along the Range line to where it intersects the Southwest Corner of Section 18, Township 43 South, Range 16 East; thenee East to the Northeast Corner of Section 24, Township 43 South, Range 16 East; thence South to the intersection of the State Line between Utah and Arizona; thence West along the State Line to the Southwest Corner of San Juan County; thence Northeasterly along San Juan County Line to the Northwest Corner of San Juan County; thence East along the San Juan County Line to point of beginning.
COMMISSIONER DISTRICT II: Beginning at the Northeast Corner of Section 34, Township 39 South, Range 26 East, SLB&M, which point is a boundary corner of the Navajo Indian Reservation that lies on the State Line between Utah and Colorado; thence Northwesterly along the Navajo Indian Reservation Line to its intersection with the Southwest Corner of Section 33, Township 38 South, Range 23 East, SLB&M; thence West along the line between Townships 38 South and 39 South to where it intersects with a line between Ranges 16 East and 17 East; thence North on the Range line to where it intersects with the line between Townships 35 South and 36 South; thence East on the Township line to where it intersects with a line between Ranges 24 East and 25 East; thence South on the Range line to where it intersects with a line between Townships 37 South and 38 South; thence East along the Township line to where it intersects with the State Line between Utah and Colorado; thence South along the State Line to the point of beginning.
COMMISSIONER DISTRICT III: Beginning at the Southeast Corner of the State of Utah; thence North along the State line between Utah and Colorado to its intersection with the Northeast Corner of Section 34, Township 39 South, Range 26 East, SLB&M; thence Northwesterly along the Navajo Indian Reservation
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___________(Final adopted optional plan continued)________________________________________________________
line to its intersection with the Southwest Corner of Section 33, Township 38 South, Range 23 East, SLB&M; thence West along the line between Townships 38 South and 39 South, to where it intersects with a line between Ranges 15 East and 16 East; thence South along the Range line to the intersection with the Southwest Corner of Section 18, Township 43 South, Range 16 East, SLB&M; thence East to the Northeast corner of Section 24, Township 34 South, Range 16 East, SLB&M; thence South to the intersection with the State Line between Utah and Arizona; thence East along the State Line to the point of beginning.
The qualifications for persons to be elected to the County Commission shall be the same as those for County Commissioners, but shall include one additional requirement, to wit: That in order to be a candidate and to hold office, each member must reside within the District from which he is elected. All other officer; and employees, elected or appointed of County Government, their terms of office, authority and method of election shall remain the same as provided by the Laws of the State of Utah.
The term of office for all County Commission Members shall be four years. The election of Commission Members shall be staggered so that the two Commission Members for District II and District III shall be elected at the General Election to be held in 1986, to fill the vacancies of those commissioners whose term of office expire that year and one Commission Member for District I shall be elected at the General Election to be held in 1988, to fill the vacancy of the Commissioner whose term expires that year.
Commission Members shall have all the same powers, authority, privileges, duties, liabilities, and obligations that present Commissioners have under present and existing law and/or additions or deletions properly made thereto.
The grounds for and method of removal of Commission Members shall be the same as for the removal of County Commissioners as provided by the Laws of the State of Utah.
Procedures for filling vacancies on the Commission shall be the same as provided by the Laws of the State of Utah, for the filling of vacancies in the office of County Commissioner as provided under the Laws of the State of Utah.
The compensation for Commission Members shall be at the same rate as for County Commissioners as provided for by the Laws of the State of Utah. The method of changing any such compensation shall be the same as is prescribed for changing the compensation of County Commissioners under the Laws of the State of Utah.
The only changes contemplated by this adopted optional plan are that the Commissioners only shall be elected from Districts and that the former 2 year office for County Commissioner shall be changed to a four year term.
The foregoing adopted plan was submitted to the Voters of San Juan County at the general election held November 6th, 1984, and approved by a vote of 2068 in favor and 1170 opposed.
DATED this 26thday of November, 1984.
SAN JUAN COUNTY COMMISSIONERS:
/s/ Calvin Black_____________________
Calvin Black-Chairman
/s/ Kenneth R. Bailey________________
ATTEST: Kenneth R. Bailey
/s/ Gail D. Johnson________
Clerk- Gail D. Johnson /s/ Robert Low________________________
Robert Low
COMMISSION RECESSED
At 2:15 p.m. the Commission called a recess until their 4:00 p.m. appointment. During that time they worked on the Health Care Services budget with Rayburn Jack and John Fellmeth.
REPRESENTATIVES FROM THE STATE AIR CONSERVATION COMMITTEE MEET
Brent C. Bradford and Robert Dally from the State Air Conservation Committee met with the Commission to discuss the Commission's concerns and position regarding visibility protection. The State draft of regulation and working plans was reviewed along with the E.P.A. guidelines. The problem of pollution coming into San Juan County from Southern California, Arizona and the Wasatch Front was discussed. The Commission requested a copy of the minutes from the Air Conservation Committee Scoping Meeting held in Moab. The Commission has until December 15th to submit written comments regarding this issue.
UNION OIL REPRESENTATIVE MEETS
Jay Axtel, representing Union Oil Company, met with the Commission to discuss a proposal to run a pipeline near the MiVida Mine for natural gas. The pipeline would cross patented claims that San Juan County has. The only requirement the County has is that if the road is crossed an encroachment permit will be needed.
BILLS APPROVED FOR PAYMENT
Wayne Ball Janitor/Monticello Library 220.00
Joe Barnett Tool allowance/11-84 25.00
Marian Bayles Travel to UAC mtg./Park City 141.00
Better Homes and Gardens Book purchased/Ext, office 50.21
Blanding Home Center Supplies/Sheriff's Office 7.35
Blue Cross/Blue Shield Insurance 1,341.54
Brodart, Inc. Service/1-85 211.82
Bryan, Robert F. Tool allowance/11-84 25.00
Chemcentral Salt Lake City Antifreeze/Road Dept. 1,540.00
Amber Codner Registration agent 60.00
Jerry Cook Janitor work/Courthouse 64.00
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HF Cosby Jr. Gravel hauled/Road Dept. 4,908.75
Elsie Dee Registration agent 60.00
Chet Endter Herbicide purchased 150.00
Federal Bar Association Registration bar seminar 85.00
Terry Folgheraiter Copies made 5.00
Alma Funk Registration agent 60.00
Grand County Citation #62905 54.00
Harbor Freight Salvage Co. Supplies/Road Dept. 404.00
Hawkins, Stanley M. Tool allowance/11-84 25.00
Hunt, Suzanne R. Travel expenses/Sheriff's Office 20.00
Husky Oil Company Gas purchased/Sheriff's Dept. 33.53
K & C Store Gas and film/Sheriff's Dept. 22.69
Kirby, Jack H. Travel/Sheriff's Office 8.18
Lawco Parts/Sheriff's Dept. 187.35
Leavitt, Grant H. Green fees 80.50
Martineau, Gary Janitor/B-Library 385.00
Mesa Sanitary Supply Co. Ice melting compound 47.25
Steve Meyer Herbicide purchased 86.50
Microwave Times Renewal 18.95
Montella, Barbara Travel/Park City mtg. 271.80
Motor Parts Pro Mart Home Center Supplies/Sheriff's Dept. 74.27
National 4-H Council Supplies/Ext. Office 40.47
Navajo Tribal Utility Auth. Utilities/Fire Control 7.50
Victor Nebeker Tool allowance/11-84 25.00
Odette, Bert Janitor/M-Library 165.00
Office of Recovery Services Child support 50.00
Tierre J. Patterson Tool allowance/11-84 25.00
David Perkins Trucking Gravel hauled/Road Dept. 1,925.00
Pioneer Publishing Co., Inc. Subscription/Sheriff's Office 43.75
Regional Supply Inc. Supplies/Road Dept. 19.55
San Juan County Communications Repairs/Road Dept. 130.00
San Juan County Road Dept. Tires and gas/Sheriff's Dept. 511.89
The San Juan Record Envelopes/Ext. Office 13.00
Scenic Aviation Sheriff's Dept. 482.40
Swenson, Eric P. Public defender/SJC 500.00
Texaco, Inc. Gas purchased/Al Haskins 267.35
Travelodge S.L. Downtown Travel/Sheriff Wright 28.00
United States Postal Service Postage for postage meter 2,000.00
Utah Dept. of Transportation Bluff Airport license-1985 10.00
Utah Gas Service Co. Utilities for Courthouse 2,260.41
Utah Power & Light Co. Utilities/Bluff jail 32.33
Utah State Dept. of Agriculture Renewal of license 10.00
Utah State Dept. of Social Serivces Alternative care program 2,047.11
Viking Office Products, Inc. Supplies/Road Dept. 57.53
Robert Woody Travel/Sheriff's Dept. 144.00
Colonial Life & Accident Ins. Liability from payroll run 109.80
Equitable Life Assurance Soc. Liability from payroll run 610.00
First Security Bank of Utah Liability from payroll run 13,643.43
Leavitt, Grant H. Green fees/11-84 12.60
San Juan Credit Union Liabiltiy from payroll run 125.00
Utah State Insurance Fund Employers payroll/premium 1,066.55
State Tax Commission of Utah Liability from payroll run 4,229.49
U.S.E. Credit Union Liability from payroll run 6,469.55
Utah State Retirement Board Liability from payroll run 714.62
Utah State Retirement Fund Liability from payroll run 12,466.58
Utah State Social Security Agency Liability from payroll run 17,701.91
There being no further business for this day the meeting adjourned at approximately 4:15 p.m.
Commissioner Calvin Black, Chairman Carol T. Hoggard, Deptuy Clerk