SAN JUAN COUNTY COMMISSION MEETING MINUTES JULY 9, 1990 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the commission chambers at Monticello, Utah. Present: Mark Maryboy, Vice Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant Dena Hunter, Deputy Clerk Excused: Ty Lewis, Chairman The meeting was called to order by Commissioner Maryboy. There were approximately seventy five people present. Harry Johnson acted as spokesman and interpreter for the people. Mr. Johnson said the main concern of the people was the news reports in last weeks Desert News. The reports in the paper stated Commissioner Maryboy had misused County and State money. This report has upset Commissioner Maryboy's Indian supporters. Mr. Johnson said he felt the allegations were made up and were a political smear. Harrison Johnson said he could see that Commissioner Lewis and County Attorney Craig Halls were not present at the meeting and would like to see them at the meeting. Mr. Johnson was informed Mr. Halls was in Moab at a trial and Commissioner Lewis was out-of-town. Fred Johnson of McCracken Mesa said he is first concerned with how Mr. Halls knows that the money is being misused. Does Mr. Halls have the facts or is it hearsay? Thomas Billy asked who gave the information of the investigation of Commissioner Maryboy to the news. Mr. Billy stated he would like to see everything written down in the minutes. Commissioner Maryboy asked Mr. Billy what newspaper article Mr. Billy was referring to and Mr. Billy stated The Deseret News, July 3rd. Mr. Harry Johnson read the caption on the newspaper and said he knew the information for the article didn't come from the Attorney General's office because he knew the Attorney General's office wouldn't release information when they were still doing an investigation. Mr. Harry Johnson said he felt this action was just political smears and the timing was now because it is close to the Primary Elections and Mr. Billy wants to know who is doing this. Commissioner Maryboy asked if this was a question and who it was directed to. Mr. Harry Johnson said it was directed to all that were present. Commissioner Maryboy asked Commissioner Redd if he had any information on this. Commissioner Redd said he felt the Commission should set a time limit to listen to the complaints and then he would make a response. Jean Melton said there would not be a time limit because the people have come to talk to the Commission and they need to talk to the Commission. Mrs. Melton told Commissioner Redd to answer the question "Who gave this information to the press?" and " if you don't know you need to do an investigation and find out." Commissioner Redd said the agenda doesn't call for an open forum to which Mrs. Melton said she didn't care about the agenda. Commissioner Redd said the County business needs to go on. Mrs. Melton stated that this was the County business. Commissioner Redd said he understood what Mrs. Melton was saying but he could only answer for himself and he was not responsible. Commissioner Maryboy asked Commissioner Redd if they could continue with the questions now. Commissioner Redd said he felt the Commission could hear the questions but would be unable to answer a lot of items because either he wasn't aware of them or they could be possible legal matters even if they were discussed.. Mrs. Melton said someone needs to decide who leaked this information to the press and who will be responsible to find out and answer the people. Commissioner Maryboy said he felt the Commission should hear the people out even if the Commission doesn't have the answer to the questions that will be asked. Commissioner Maryboy felt the important thing was to get the questions in the minutes. Even with the full agenda they need to listen to the people. Commissioner Redd said he felt the people should present their presentation but he didn't think their answer was in the room. Harrison Johnson said he felt the people shouldn't be hiding behind the response "I don't know." The people need to work together and he felt the Commission had the answers. Commissioner Redd asked Mr. Johnson if he was openly and formally charging him with knowing the answers. Mrs. Melton said they were openly and formally charging Commissioner Redd with the ability to get the answers. Mrs. Melton stated Commissioner Redd has the ability to get Craig Halls to the meeting and whoever has that file to the meeting and find out who gave it to the press. Commissioner Maryboy stated as a Commissioner he did not have a problem with hearing these kinds of things but he is the person being accused. Commissioner Maryboy said he was informed by his attorney not to disclose a lot of information. But what the people are doing is talking about the article that was in the newspaper and he felt the people should be allowed to express their concerns about what was in the paper. Commissioner Maryboy asked the people to proceed and finish as soon as possible. Harrison Johnson from Montezuma Creek said he had heard about this meeting today and he is really concerned about his Commissioner Maryboy. Mr. Johnson said Commissioner Maryboy is our Commissioner and there is some news he heard on the T.V. , on the radio, and he had read in the newspaper. Mr. Johnson said he was really concerned about his Commissioner and he wanted to speak up for his Commissioner. Mr. Johnson said this generation is not going to be put down anymore. Mr. Johnson said he knew the Mormon and the Anglos had done that in the past with the old folks. Mr. Johnson said he wants to stand up as a young generation that is a supporter of Commissioner Maryboy and he wanted all the rumors in the paper to be stopped. Mr. Johnson said he knew Commissioner Maryboy works for three different organizations and the paper stated he had been mismanaging the money with UNDC. Mr. Johnson asked who got the records from UNDC to put that on the air and in the newspaper? Mr. Johnson asked Clerk/Auditor Gail Johnson how she knew Commissioner Maryboy was mismanaging money from the County. Mr. Johnson said he knew that Mrs. Johnson was a Clerk and he didn't feel the allegations were true. Mr. Johnson said speaking for the people and for Commissioner Maryboy they would stand up for their rights and not be put down anymore. Mr. Johnson asked who went into Commissioner Maryboy's record and UNDC records and dug out those records and said he mismanaged the UNDC money. Commissioner Maryboy asked Clerk/Auditor Gail Johnson and Administrative Assistant Rick Bailey if they had a response to this question. Commissioner Redd said he felt the questions should just go on the tape. Administrative Assistant Rick Bailey said his only response is that he didn't know who gave the information to the paper but he didn't give the information to the paper and he did not do an audit trail to find out anything. Mr. Johnson said if no one is doing an investigation then how come someone is trying to make Commissioner Maryboy's life and reputation a bad example. Mr. Johnson demanded to know from Clerk/Auditor who went to Commissioner Maryboy records and the UNDC to say he is stealing money? How did they get this record? Who can prove that Commissioner Maryboy did this? Who made the remark in the newspaper? Mrs. Johnson said the Attorney General's office came to her office and got her records and then went to the UNDC and got their records and that is all she knows. Mr. Johnson asked Mrs. Johnson if she was accusing the Attorney General for leaking the information to the press. Mrs. Johnson said she doesn't know. She doesn't have access to all of those records. Mr. Johnson asked Mrs. Johnson how she knew the Attorney General got the records from the UNDC. Mrs. Johnson said the Attorney General's office told her they were going to the UNDC office to get their records. Mr. Johnson asked Mrs. Johnson again if she gave the information to the press and she stated she did not. Mrs. Johnson asked why the people didn't ask the newspaper where they got the information. Mr. Johnson said they were going to ask the newspaper and when they got the information the people would file a violation on this matter and if they have to they will sue San Juan County. Ken Sleight said he has asked for the last five years of State Audits for the County. Mr. Sleight said he knows Commissioner Maryboy has asked for specific records to see if the oil royalty money was coming back to the county and has never received all of the records. Mr. Sleight wanted to know why Commissioner Maryboy was being singled out and he felt that it was all political. Mr. Sleight said he felt an audit of county government needs be done if it hasn't been so the people would know what was going on. Jean Melton read several sections from the code and stated she felt that Mr. Halls needed to be removed from office if he disclosed the information to the press. Mrs. Melton said there were "hundreds" of attorneys in Salt Lake that were going to do something about Mr. Halls' Bar standing. Mrs. Melton said she felt the Commission should take the lead in finding out who gave the information to the press. Jerry Begay from Montezuma Creek said he was concerned about the money that has been misused. San Juan County and State money should be used on some Indian lands to improve the standard of living. Mr. Begay felt a lot of the monies were being misused or have not been used correctly. Mr. Begay said the standard of living is better in the Northern part of the County. The farming areas have irrigation and a lot of water. Where Mr. Begay lives he doesn't have anything. Mr. Begay wanted to know how the County can help these people to improve their standard of living. Commissioner Maryboy stated that the interpreter had left out that Mr. Begay had said that there is $70,000 to $80,000 that is misappropriated and Mr. Begay wants to know why no one questioned them and why they are now alleging Commissioner Maryboy with things that are so minute compared to the $70,000 or $80,000 loss of funds by the County. Mr. Begay asked who had misinvested the money and was that person ever informed of the situation. Commissioner Maryboy asked if that person was Treasurer Marian Bayles. Clerk/Auditor Gail Johnson said San Juan County has a lawsuit against Merrill Lynch concerning the funds that were not invested properly. Herbert Rockwell asked the Commission and secretary and all involved with the office if all the Commissioners were being treated equally. If so why is Commissioner Maryboy being singled out, is it because he is an Indian? Mr. Rockwell would like to know and hear from the people that are here. Commissioner Redd asked Commissioner Maryboy how Commissioner Redd treated Commissioner Maryboy. Commissioner Maryboy said from the time he became a Commissioner to this day every Commission meeting has been a tough one for him. Every time he has requested some items for his constituents time and again he is asked to justify and a lot of times his requests are never approved. For this reason Commissioner Maryboy feels he has been tremendously mistreated. Commissioner Maryboy stated he was under a lot of pressure from Calvin Black and for a while Commissioner Maryboy tried to work with Commissioner Black, but it came to point where he couldn't work with Commissioner Black anymore. Commissioner Maryboy said he had to stand up to Commissioner Black and tell him how he felt. Commissioner Maryboy said Ty Lewis, Bill Redd, Ken Bailey and Calvin Black, the Commissioners that he has served with and the elected officials of San Juan County don't face the problems he faces and are not treated the way he is treated. Commissioner Maryboy said he felt racial discrimination is well and alive in San Juan County and he felt he had been discriminated against. Commissioner Maryboy said he didn't like to use the term discrimination but that was the reality of the situation. Commissioner Maryboy said he felt it would have been appropriate from Administrative Assistant Rick Bailey to inform him of any problems that are going on. Commissioner Maryboy felt that if the problems had arisen with Commissioner Redd, Mr. Bailey would have had him brought in to discuss the problem. Commissioner Maryboy said he felt Clerk/Auditor Gail Johnson should of brought him in and discussed the problems with him, but just because he is an Indian ,it is so typical, he is stabbed in the back without explaining the reasons. Commissioner Maryboy said he didn't know these things and all of the sudden it all comes out in an article in the paper. Commissioner Maryboy said it was a classic example of how Indians are treated in this county. Commissioner Maryboy stated he has tried desperately to work with all of the County officials here. Commissioner Maryboy said time and again he was told that there are certain things that the County cannot do and he has asked the County Attorney Craig Halls to clarify the information. Most of the time Commissioner Maryboy was told by Mr. Halls that these things could be done because there was no law that said they couldn't be done. All of that time Commissioner Maryboy has felt the Mr. Halls has been promoting the people working against him. Commissioner Maryboy said he didn't feel it was fair for an Attorney to do this. Commissioner Maryboy said that it is all contained in the minutes of the Road Meeting and Commission Meeting. Commissioner Redd said that Commissioner Maryboy has been on the Commission longer than he has and Commissioner Redd assumes Commissioner Maryboy knows the law. Commissioner Redd said most of the people present know him because he has dealt with them and he felt they knew him pretty good. Commissioner Redd said he would let the people judge him on their own if they felt he was a fair person. Commissioner Redd said he has a long history of dealing with the Navajo people and he feel he can stand on his history. Since being on the Commission, Commissioner Redd said he has voted and worked on a 1.6 million dollar Aneth to Ismay road project and voted on fair, recreation funds and have tried to help locate a compressor for the Navajo people. Commissioner Redd said one thing that Commissioner Maryboy is alluding to is the Title 20 money and the problem with those funds were date and advertising, but even then 80% of the funds are spent for the benefit of the Navajo people. Commissioner Redd said he hasn't been in office long enough for even Commissioner Maryboy to make an appropriate judgement of his actions towards Commissioner Maryboy. Commissioner Maryboy said he has always supported the elected officials and those who work for County government . He supported Administrative Assistant Rick Bailey when he needed a raise and County Attorney Craig Halls when he needed a $40,000 raise and a car. Commissioner Maryboy said he supported County Attorney Craig Halls in working for the City of Blanding and his private practice because Commissioner Maryboy knew the people of Blanding and the private individuals need his services even though people complain that it is illegal and a conflict of interest. Commissioner Maryboy said he made the motion for John Fellmeth to have a raise when Mr. Fellmeth requested one. Commissioner Maryboy said the payback he got for these things was being stabbed in the back and come out with allegations that are not even true. Commissioner Maryboy said he felt he deserved an apology. Ben Nakai from Cahone Mesa said he would like to know why the Anglo people and the Commissioners are afraid of the Navajo. The Navajos and other Indians have been living here before the whites came. We chose this land and it is beautiful and we like this land and this area. Mr. Nakai said the Navajos also have plans for the future generations. Mr. Nakai said the Navajo people will be here forever and the people need to learn to live and work together and understand each other. Commissioner Redd said the Anglo isn't afraid. We are all products of nature and are all here equally. Commissioner Redd said what Mr. Nakai said about getting along and working together is true. Commissioner Redd said there may be some cultural differences and he had been trying to read and understand the Treaty so he would understand. Commissioner Redd said he doesn't understand all of the legal conflicts with the difference in the laws on and off Reservation but, he is trying to learn. Commissioner Redd said he has never purposely set out to hurt any Navajo and he feels he has been fair. Darlene Claw asked Clerk/Auditor Gail Johnson what does the 1988 Audit say about violation of the money management act? Mrs. Johnson said the money management act is a law by which Utah Governments are to invest money. Mrs. Johnson said she thought what Ms. Claw was referring to was the situation Merrill Lynch and some investments the Treasurer made at that time and some misrepresentations by Merrill Lynch. The County Attorney has sued Merrill Lynch and the broker has been terminated by Merrill Lynch because he mislead not only San Juan County but other entities in the State. Mrs. Claw asked if there was any record of this information that Mrs. Johnson could read to the people. Mrs. Johnson said she doesn't have anything on this. Harrison Johnson said that the people being at Commission Meeting was a surprise to Commissioner Maryboy. He wasn't aware the people were going to do this. Mr. Johnson said he had been listening to what has been said and what Mrs. Melton had read out of the law book. Mr. Johnson said he wanted Mr. Halls to be removed from office because he is not getting some things for the County and he is turning his back to the Navajo people and Commissioner Maryboy. Mr. Johnson said he felt Mr. Halls was just making rumors and bad comment about Commissioner Maryboy and putting the article in the newspaper. Mr. Johnson said he didn't feel Mr. Halls should be an Attorney for San Juan County. Mr. Johnson said he felt that Marian Bayles and Mrs. Gail Johnson should be put on the air and on the news for mismanaging the $780,000. Mr. Johnson said these are the facts and that is a lot of money. We could have used that for our house down there to put in the drinking water, but they just played around with the money, our money. Mr. Johnson said Commissioner Maryboy hasn't mismanaged the money yet, but you are accusing him in public for this. Mr. Johnson said he didn't like this and as a citizens of the United States they didn't like them pushing Commissioner Maryboy around. Commissioner Redd said Gail Johnson didn't have anything to do with the money. That is not her area. Commissioner Redd said that there is a difference between the laws we live under. He and Commissioner Maryboy sat in commission meeting about a month ago and took homes and land away from Anglos that didn't pay their taxes. Commissioner Redd said to his knowledge this kind of thing has never been done to an Indian so, there are things that are different. A question was asked of Commissioner Redd regarding what we can do under the law to make it equal for everyone concerned with everyone working together so these problems won't exist. Commissioner Redd said that they have his cooperation that he and Commissioner Maryboy are working on the rights to the land. Harrison Johnson said he pays his taxes on food and gasoline and he pays his taxes with his life because his people don't have good decent money from San Juan County. No one has a good home. Mr. Johnson said there is an oil field on the Reservation and they pay taxes. Mr. Johnson said there are a lot of taxes that come into San Juan County so as a Navajo he pays taxes. Mr. Johnson said we are all in San Juan County and they want equal treatment and they want their fair share of the money. Mr. Johnson said he wanted the people to work together and that is why they are here today. Jean Melton said that only one fifth of the county budget is paid by the people in the Northern part of the county. Mrs. Melton said these people are only 50% of the population. Mrs. Melton said a lot of people in the Northern part of the County are getting tax breaks because they are farmers and ranchers and are going under. Clerk/Auditor Gail Johnson said no one is getting a tax break. All of the farmers and ranchers are on the tax rolls. Mrs. Melton said that the taxes are only 20% of the budget and the rest of the budget is Federal and State monies that come from the Reservation oil tax. Mrs. Johnson said the oil tax is included with the other taxes that make up 20% of the budget. Mrs. Melton asked where the oil royalty money goes. Mrs. Johnson said the county doesn't get the oil royalty money it goes to the State. Mrs. Melton said she felt that the people needed to know that the current budget couldn't be cut anymore and there were other sources were funding could be found. Mrs. Melton said she felt the County was not making the Tribe and the Federal Government do its job to provide funding where it is needed. Mrs. Melton said there is money available from the Community Impact Board, The Clean Water Board and the Housing Authority. Mrs. Melton said she felt that this was a minority situation in San Juan County and that people didn't want to help to get the problems resolved. Mrs. Melton said since there are money offers, land is being donated for housing projects. Mrs. Mary Johnson and Herbert Rockwell have a lot of land and at a meeting last night said they would donate their land for housing projects. Mrs. Melton talked about the County Master Plan and said that sh noticed it didn't include any of the Reservation and she felt that was indicative of the attitude in the County about the Reservation. Commissioner Redd said the Master Plan showed Forest and agricultural land and the County cannot do anything on the Reservation without the approval of the Tribe. Commissioner Redd pointed out that the Tribe had agreed to have police in the new Montezuma Creek Police Station and it is still vacant. Mrs. Melton asked about the Economic Development Plan. Mrs. Johnson said she had been in office for seven years and had not seen an Economic Development Plan. Mrs. Melton asked about the Water Resources Plan and Administrative Assistant Rick Bailey said the Water Conservancy District would handle that plan. Mrs. Melton asked Mr. Bailey who set up the Water Conservancy District and didn't the Commission have input to this board? Mr. Bailey said he thought the Water Conservancy District was set up by the State years ago. Mrs. Melton said she personally felt the County should have a Master Plan to include all of these things and the Reservation. A question was asked from the crowd about how long it would take the County to do a Master Plan to which Mrs. Melton replied it wasn't up to just the County to do a master plan. Mrs. Melton said it was up to the people who wanted the development to work on the plan but she felt that everyone thought it was not their job. Harrison Johnson said he felt that the people need to work together to get things done. Mr. Johnson said there are educated Navajo people who can help with the planning and that he felt they could work with the County and not have to work with the Tribe. Mrs. Melton said she felt Mrs. Bayles was in violation of the Money Management Act when she invested money with Merrill Lynch. Mrs. Melton said if the people wanted to be truthful they would admit that the Commission had told Mrs. Bayles not to invest the money this way and the loss was not reported to the Commission for along time after is was known. Mrs. Melton said she knew these things were a fact and the things that have been put in the newspaper about Commissioner Maryboy are not true and he will be exonerated. Mrs. Melton said Commissioner Maryboy had notified County Attorney Craig Halls twice that he wanted to discuss the problem of discrimination in the County and had received no response from Mr. Halls. Mrs. Melton said a lot of people said Commissioner Maryboy stared this problem but he didn't start it he worked with the Commission for three years and couldn't get the problems resolved. Mrs.Melton said she felt the problems need to be resolved but if they wanted to fling mud there was a lot of mud to be flung. Mrs. Melton said she really didn't want to do any mud slinging and she wanted the election to be fair and have the people on both sides lobby with their plans on what they would like to do. Mrs. Melton said the Civil Rights Office in Denver has agreed to come over and arbitrate and negotiate some of these problems and she felt the Civil Rights people should be used. Mrs. Melton said the Voting Rights is in the Utah law since 1987 and in the Civil Rights Act since 1964. It states that if you can't read English or you can't read and write you can have assistance in the polling booth. Clerk/Auditor Gail Johnson said that no one has been denied the right to vote that she provides interpreters at the polling places. Mrs. Melton said she felt if you were to ask these people who are present if they had assistance they would tell you someone told them where to vote for Republican and Democrat and that is all they were told. Mrs. Johnson said the interpreters were trained to give more assistance. A women in the audience asked why interpreters were not provided in the North part of the County. Mrs. Johnson said she was not required to provide interpreters because there is not 5% of the majority of the people who are Navajo in the North part of the County. The women asked why there are not interpreters at Blanding. Mrs. Johnson said she has interpreters at the Blanding Polls. Mr. Harrison Johnson said he was told at the polls that the interpreter could not read the ballot to the people. Mr. Johnson said the Navajos need some people that can be trained. Mrs. Johnson told Mr. Johnson that his people would have to help get these people. Mr. Johnson said his people would come up with people to help with the elections. Mrs. Johnson told Mr. Johnson that she gets her people through the Chapters. Harrison Johnson said he felt that because Marian Bayles had mismanaged the County money she should be out of office. Mr. Johnson said County Attorney Craig Halls is not working for San Juan County. He is working against San Juan County. Rosalie Goldman said the meeting had started out with a question about information that was given to the press. Mrs. Goldman said everyone said that they don't know anything about the slanderous newspaper releases and wanted to know if the Commission was going to declare a Commission investigation now as a piece of official business. Commissioner Maryboy said he was the one being investigated and he didn't know if he could make a motion to request that the county investigate who released the documents. Commissioner Maryboy said the County Attorney wasn't present so he would make the motion . A motion was made by Commissioner Maryboy to refer the information to the County Attorney. Mrs. Melton objected to referring the information to the County Attorney because she felt he is the one who released the information. Mrs. Melton felt it should be referred to the Attorney General. Commissioner Redd said he felt the Attorney General would do an investigation on his own. Mrs. Melton said she felt there was a conflict of interest to ask the County Attorney to investigate himself. Administrative Assistant Rick Bailey said that accusation was Mrs. Melton's and he felt the first step should be to turn it over to the County Attorney and he can pass it on. Mr. Johnson said that according to the newspaper the County wanted the State to prosecute Commissioner Maryboy. Mr. Johnson felt it was the same situation with a conflict of interest. Commissioner Redd made a motion to table the matter to a later date. Mrs. Melton said she hoped that the Commission asked for an opinion from the Attorney General and not from Mr. Halls because he isn't qualified on this matter. Mrs. Melton said Mr. Halls has already stated there is a conflict of interest in this matter. By turning information over to the Attorney General Mr. Halls has showed there is a conflict of interest. Mrs. Melton said she felt if the Commission asked Mr.Halls to do the investigation it would increase the charges that could be brought against Mr. Halls at the Bar. The motion died for lack of a second. Commissioner Maryboy said he felt they should bring the matter up at the next Commission meeting when everyone is present. Mrs. Melton said that the Commissioner could consult with Attorney Lyle Anderson an Attorney for the County,as he was present in the room. Attorney Lyle Anderson said he did not have enough facts to give a legal opinion on this matter. Mrs. Melton asked Mr. Anderson if he felt it was a conflict of interest for Mr. Halls to do the investigation since he has already turned the matter to the Attorney General. Mrs. Melton said if the County was going to take the lead in what had happened it would look better to the people of the County than wait for the Attorney General and the Bar Association to take the initiative. Commissioner Redd said he wasn't aware of any facilities that were available besides the County Attorney. Commissioner Maryboy said he was a County Commissioner and he is being accused. Commissioner Maryboy said he wanted to know what he is being accused of and he wanted to know how this whole thing started. Commissioner Maryboy said he felt he was in a dilemma at what to do, to postpone the decision until all of the Commission was present at the next Commission meeting two weeks away. Mrs. Melton said she didn't think it was wise to send the people away saying you aren't going to do anything for a while. Mrs. Melton said the Commission could say now how they feel about this issue and she felt the Commission should commit to say how they feel about this issue. Commissioner Redd said he felt that this was an unfortunate situation and it had served to help remind the people that are in public positions to have their conduct such as not to hint at impropriety. Rosalie Goldman said that the Commission is a functioning body when two Commissioners are present and she felt a decision should be made. Commissioner Redd said he often tables matters that he has doubts about. Mrs. Goldman said all they want to do today is answer one question "How do we find out?". "We want to find out". Mrs. Melton said she felt there should be some procedures in place to deal with these kind of problems as they will happen again. Mrs. Melton said she felt that people were so threatened by what is going on politically that similar thing like this will continued to be done. Commissioner Redd made a motion to go into executive session for the purpose of resolving this matter. Harrison Johnson said since Craig Halls and Ty Lewis were not present, and he knew these people where the ones who made the complaint about Commissioner Maryboy. Mr. Johnson said he felt the County Commissioners present were not informed of this action so Mr. Halls and Mr. Lewis shouldn't be informed of what was going on here today. Commissioner Maryboy said he wanted to know who provided the information from UNDC to the State for the investigation. Commissioner Maryboy said he felt there were "Watergate" dealings here and that is what the people want to find out. Commissioner Maryboy said he didn't feel he could second Commissioner Redd's motion to go into executive session. Commissioner Maryboy said since an Attorney, County Administrator, newspaper reporters and the meeting is being recorded he would like to see the County Attorney and the County investigate this matter. Commissioner Maryboy said he would make that motion. Administrative Assistant Rick Bailey asked Commissioner Maryboy if in his motion would he like the information from the meeting today sent to the County Attorney so he can begin an investigation. Commissioner Maryboy said he would like to have County Attorney Craig Halls or the Attorney General begin the investigation into how this was initiated and why he was not informed before the investigation was turned over to the Attorney General. Commissioner Maryboy said "I make that motion". Commissioner Maryboy said" I make a motion that we give a request to the Attorney General's office and find out how this thing was initiated and why I was never brought into be asked how I was billing my travel and was this done just to incriminate me?" Commissioner Redd seconded the motion. UNANIMOUS. Mrs. Melton said the whole problem could be solved by having the people who knew what happened report what happened. This would save the State the expense. Mrs. Melton said she felt it was a big waste of the State's money to go after Commissioner Maryboy over $750.00. Commissioner Maryboy said he would like to include in the motion how much it cost for the Attorney General's office to come to San Juan County and investigate him. Commissioner Redd said he felt all they needed to be concerned with was the basic problems. The motion died for lack of a second. Mr. Johnson asked Commissioner Redd to stand and second the motion so that the people could hear him. Commissioner Redd said " Commissioner Maryboy made a motion to have the Attorney General look into the situation and I seconded the motion". The audience applauded. Miss Johnson said she felt the issue with Commissioner Maryboy has gone to far. Miss Johnson said she felt it was time to give the Navajos a chance in office. Miss Johnson felt the white people had been in office to long. Miss Johnson said she felt if the Navajos got into office they would work at the job and become as good as the white people in office. Miss Johnson said she wanted to say to the press and the Northern part of the County "Give Us a Try". James Jim said he was thankful that Commissioner Maryboy had made a motion to have an investigation and have thing resolved. Mr. Jim said he felt it was time that the people started to work together as a county instead of being separate. The interpreter said that the people have said all through the meetings that the Commission meetings from now on will be like this one has been. The items that were tabled and not discussed at this meeting will be discussed at the next meeting two weeks from now. Jane Benn from Montezuma Creek said that as long as she can remember San Juan County has abused her way of living. As far as she could remember she was mistreated by the Rangers and the Sheriff's Department. Mrs. Benn said that this type of treatment wasn't necessary in this day and age that the people should be working together. Mrs. Benn said she would like to see a better way of living and a better way of treating people and working together from here on. Harrison Johnson said he would like to thank the people that have came to the meeting and the people from the County that are at the meeting. Mr. Johnson said he was glad that the people could works together to solve this problem . Mr Johnson said he hoped the people could continue to work together. CURRENT BUSINESS Minutes A motion to approve the minutes of the July 2, 1990 meeting as amended was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. CURRENT BUSINESS Budget Hearing A public hearing to open the County Budget was held at 2:00 P.M. The budget was amended in the amount of $53,882.00 for the following items: $9,500 for capital improvements at the courthouse; $34,000 to cover recreation expenses incurred before the recreation was turned over to the cities and UNDC; $10,382 for Sheriff's Department vehicles. A motion to adopt a resolution to amended the budget in the amount of $53, 882.00 was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. San Juan Chapter Western Association of Land Users The San Juan Chapter of the Western Association of Land Users will be meeting on July 12, 1990 at 7:30 P.M. in the commission chambers. Eugene Johanson, State Water Board will be the guest speaker. Texaco Oil Company Lawsuit The following letter was received regarding the Texaco Oil Company lawsuit: Michael M. Quealy Assistant attorney General 1636 West North Temple Suite 300 Salt Lake City, Utah 84116 Gail Dalton Johnson San Juan County Clerk P.O. Box 338 Monticello, Utah 84535 RE: Costs Judgement Texaco Case Dear Mike and Gail: I enclose to Mike a check to the State of Utah for $3,000.00, for one-half of costs recovered from Texaco and Exxon. I enclose to Gail a check from $3,000.00 to San Juan County for there same. It is of course, nothing in comparison with the enormous cost of this litigation, but it feels good. It's also more that we thought we'd get. Very truly yours, /s/ Lyle Lyle R. anderson Payroll Survey After a discussion concerning a new Grade and Step chart for wages paid to County employees Commissioner Redd made a motion that all employees that are not department heads, elected officials or managers of office in both the County Courthouse and the Public Safety Building be converted from salaries to hourly rates and that time clocks be placed in both buildings to accommodate such a change. All employees would be required to use the time clocks with the exception of road deputies, department heads, and elected officials. The pay schedule would be effective July 1, 1990 and would be retroactive to January 1, 1990. The motion was seconded by Commissioner MAryboy. UNANIMOUS. Clerical Help Request/Judge Muhlestein The Commission has met with Judge Muhlestein to discuss his request for paid clerical help in his office. A motion was made by Commissioner Redd to allow Judge Muhlestein enough funding for a part-time clerk or pay his wife for this work, depending on the recommendation of County Attorney Craig Halls concerning the conditions of Judge Muhlestein's handicap. The motion was seconded by Commissioner Maryboy. UNANIMOUS. Aging Contracts Administrative Assistant Rick Bailey presented a contract for Case Management and Home Health Services with the Southeastern Utah Health District. This contract is for the fiscal year July 1, 1990 to June 30, 1991. a motion to approve the contract and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. A Catering Contract with the Four Corners Regional Care Center for home delivered meals in the Blanding Area was presented for the approval of the Commission by Mr. Bailey. This contract is for $3.25 per meal served. A motion to approve the contract and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Congressman Wayne Owens Visit Commissioner Redd and Commissioner Maryboy reported they had met with Congressman Wayne Owens on June 7, 1990, and had toured the Cedar Mesa, Bluff and Mexican Hat areas. The Commissioners expressed their concerns regarding Congressman Owen's wilderness proposal and the Cedar Mesa area. The Navajos use of this area for wood gathering, ceremonial purposes and others use this area for hunting and livestock grazing. Congressman Owens said the current bill he has proposed will not curtail these types of activities. Commissioner Redd discussed with Congressman Owens the possibility of adding a Bill-of-Rights to his Wilderness Bill so that there will be no question of what rights the people will have in the wilderness areas. Congressman Owens said he would draft a Bill-of-Rights. Commissioner Redd also asked Congressman Owens about the increase in Payment In Lieu Of Taxes on this land to the County if it is designated wilderness. Congressman Owens said he would not reject this request completely but he didn't feel the budgeting process would allow an increased payment. Commissioner Maryboy spoke with Congressman Owens about the use of existing roads to gather wood if the area becomes wilderness. Congressman Owens said he would negotiate with the roads in the Cedar Mesa are but, he would like to look at the roads area by area rather than on the wilderness area as a whole. Road Department Concern Commissioner Maryboy asked about a meeting Commissioner Lewis and Commissioner Redd had with Road Superintendent Tony Brandt. Commissioner Redd said the Commissioners had discussed with Mr. Brandt the problem with Mr. Brandt working for a private contractor during the week when he should be working for the County. Mr. Brandt said he had worked on his own time and not on County time. The Commission requested that Mr. Brandt do any work for private contractor after working hours or on the weekend. Montezuma Creek T.V. Commissioner Maryboy requested Administrative Assistant Rick Bailey contact Bill Bayles about a problem with the T.V. reception on one of the channels in the Montezuma Creek area. Bluff Citizens Request The following letter was received from a Bluff Citizens Group: To- SAN JUAN COUNTY COMMISSION July 7, 1990 Monticello, Utah Dear Commissioners: A public meeting was called in Bluff, through newspaper notice and posters around town, for Friday, July 6, at 7 PM in the elementary school, with the announced purpose as follows: "To seek volunteers and suggestions for community service use of the old jail building to insure its preservation." The most popular suggestion at the meeting was the use of the building for development of a small Bluff public library. This was adopted by unanimous vote. A committee has been established with Patricia Cook as chairman and Rosalie Goldman as assistant. The committee thus established sees its responsibilities in this order:- 1) To seek approval of the San Juan County Commission for use of this building in Bluff as a library. 2) To proceed, following approval of the Commission, to secure official release of the building in Bluff as a library. 3) To access the physical condition of the building for safety, needed repairs and viability of use. A preliminary, brief survey indicates a certain amount of work but not beyond reason and with minimal expense. 4) To procure volunteers for the physical repair of the building the operation of the facility and to gather books and run a program. We see this project as starting humbly with an open forum to expand into many simple ideas and actions connected with reading, for the entire community, both adult and child. It may bring many small and varied opportunities and pleasures to Bluff:- 1. Preservation by good use of an historic building, now standing idle and destined to ruin. 2. Access to additional reading opportunities for all, with an accumulation of books, magazines and papers. 3. Easy availability of community reading room, staffed at many daytime and late hours by volunteers. 4. Outlet for satisfaction in service for Senior Citizens, younger retirees, students on vacation and many others. It will be for all people. Sincerely your, Patricia Cook,Chairman Bluff Library Committee Rosalie Goldman, Vice-Chairman A motion to approve the request from the Bluff citizens and authorize Administrative Assistant Rick Bailey to write to Mrs. Cook and ask her to work with the Library Board on this request was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Sealed Bids/LaSal Property A sealed bid for Lot B Block 3 of the LaSal Subdivision was opened. This was the only bid received. Steve Deeter bid $350.00. A motion to accept the bid from Mr. Deeter was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Low-Flying Military Flights The following letter was received concerning low-flying military flights: Mr. Ty Lewis Chairman San Juan County Commission P.O. Box 9 Monticello, UT 84535 Dear Mr. Lewis The Secretary of Defense has referred your letter of May 17, 1990, to the Air Force for review and response. The Strategic Air Command (SAC) is the principal user on the Military Training Route (MTR), IR 320, that originates near Page, Arizona, and overlies the Montezuma Creek are of San Juan County. SAC develops and uses MTRs to train its crews in low level tactics required by their wartime taskings. These routes are carefully selected and developed to avoid, as much as possible , controlled and uncontrolled airports, populated areas, national Parks, wildlife areas, and other noise sensitive areas. MTRs are flown in accordance with criteria developed jointly by the Department of defense (DOD) and the federal Aviation Administration. Aircraft operating on IR-320, which lies east of Monticello, Utah, pass directly over the Montezuma Creek area of San Juan County. Aircrews must comply with Federal Aviation Regulations, Section 91.79 (c), which states that aircraft operation over other than congested areas must fly at an altitude of 500 feet above the surface. Based on noise complaints in 1989, HQ SAC directed all aircrews to fly two nautical miles east of the published centerline of the route to alleviate the problem. In addition, individual homes in the area east of Monticello have been identified as sensitive areas, and aircrews have been briefed to avoid direct, low altitude overflight. IR-320 is a heavily used rout for B-1B and B-52 pilot training. SAC must continue to train aircrews in low altitude tactics to maintain proficiency. When flying these routes, every effort is made to minimize noise complaints and ensure the safety of our pilots and the public. If you have specific areas of concern , please contact the route developers at the 1st Electronic Combat Range Group, Barksdale AFB, LA who will be able to work with you on adjusting the routings to reduce the noise impacts. They can also be reached by phone at (318) 456-4125. We wish it was possible to accomplish the defense mission without disturbing private citizens. Please be assured that HQ SAC shares your concerns and will continue efforts to reduce the annoyance from low level flights over San Juan County. Sincerely /s/ Larry C. Hammack LARRY C. HAMMACK, Colonel USAF Deputy Director for Strategic and Space Forces Directorate of Operations Administrative Assistant will send a letter requesting the route over Montezuma Creek be moved fifteen miles east of the present flight pattern. Canyonlands/Needles District A letter will be sent to the National Park Service in support of improvements of the Squaw Flats Campground and Visitors Center in the Needles District of Canyonlands national Park.\ Travel Council After a discussion it was the decision of the Commission to have Travel Council Director Peggy Humphreys make monthly reports to the Commission. These reports will help the Commission stay better informed of the happenings in the Travel Council and with the Economic Development Board. Travel Commissioner Maryboy requested that Administrative Assistant Rick Bailey review his travel expenses before they are turned in for payment. Commissioner Maryboy will be in Cedar City, Utah until July 12, 1990. Commissioner Maryboy and Commissioner Redd will travel to Miami, Florida to attend the National Association of Counties meetings July 13-17, 1990. Aneth the Ismay Road A discussion was held concerning getting a letter of support from the Navajo Tribe for the Aneth to Ismay Road project. Commissioner Maryboy said he hasn't received a letter regarding the road project or the Navajo fair. Administrative Assistant Rick Bailey said there are some papers the Tribe needs to sign for the Aneth to Ismay road project. Commissioner Maryboy requested that Mr. Bailey give these papers to Dick Neztsosie to take to Window Rock, Arizona for signatures. Chuska Energy Concern James Eddie told the Commission of his concerns over Chuska Energy drilling a well between his property and that of his daughter. Since the property is on the Navajo Reservation it was the decision of the Commission to contact DNA and have one of their Attorney's check on this matter. Livestock Problem Joe Benn discussed with the Commission a problem he has with his livestock being hit by tourists and trucks. This problem will be referred to Deputy Sheriff Terrence Lee. Emergency Feed Requests Several Navajo Livestock men met with the Commission to request help in purchasing feed for their livestock through the emergency feed program. Administrative Assistant Rick Bailey told the men that this program was a Federal program. Mr. Bailey took the names and addresses of these men and will send them the information as soon as it is available. Drought Proclamation A motion to extend the Drought Proclamation for an additional thirty days was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. BILLS APPROVED FOR PAYMENT Rhonda L. Griego refund bail$ 60.00 Baker & Taylor bokks library(M) 44.75 Bureau of National Affairs, Inc. criminal law reporter 472.00 Annie Cantsee commodity distribution 10.00 Neldon Cochran commodity distribution 20.00 Gabriel Service & Supply handle kit courthouse 17.56 Stephen Pearson rest:Whitehorse 50.00 JM Custom & Industrial Welding labor road dept. 56.00 Lacal Equipment, Inc. parts road dept. 131.60 Myron Manufacturing Corp. pocket calendars/rd. dept. 86.88 Randall Farms supplies co. jail 20.70 Savage Scaffold & Equipment casters/pins PSB 144.00 Tag-A_Long Tours tax/air commission 67.39 Taylor -Made Wooden Heritage desk-clerk 289.00 Utah Law & Justice Center lexis usage & fees 10.00 Abajo Archaeology fieldwork road dept. 989.45 Allied Carriers Exchange freight road dept. 48.00 Amcor Incorporated parts road dept. 3459.04 American Televenture cable sheriff's dept 50.75 American Wholesale Groceries supplies jail 826.24 Baker Sanitation prepay 12 mo. road dept. 200.64 Baker Sanitation service PSB 680.48 Blanding City of utilities aging dept. 9.93 Blanding Senior Center petty cash re. center 39.13 Blue Mountain Foods supplies sr. center 210.02 Bluff Water & Sewer Users Assn. water bluff center 11.96 Boyd Coffee Company supplies jail 11.85 Steven Bradford labor communications 204.74 Bruce Bunker expenses assessor 139.32 Cate Equipment Company parts road dept. 294.84 Caun-Co., Incorporated parts road dept. 234.41 Chevron U.S.A. Incorporated gas aging dept. 6.03 William Christensen Alvin Ford small claims 169.50 Colorado Kenworth, Inc. parts road dept. 69.17 Continental Telephone Company phone sheriff 1042.67 Rudolph Cook phone bill sheriff 11.38 Custom Floors and Furnishings drapes travel council 249.68 Dairy Council of Utah publications ext 3.98 Delwes Company Inc. supplies sheriff 107.78 Empire Electric Association utilities fire control 3082.44 Four Corners Regional Care Center meals aging dept. 312.00 Four Corners Welding supplies road dept. 4.25 Global Equipment Company supplies aging 80.21 W.W. Grainger, Inc. parts road dept. 260.30 Great Basin Trucks, Inc. parts road dept. 221.61 The Grist Mill Inn luncheon queen pageant 117.00 Heckett-Div of Harsco chips road dept. 1761.79 High Country Transport haulage road dept. 353.21 Wesley L. Hunt Company pagers communications 2002.94 The IAAO membership assessor 70.00 Inkley's film travel council 65.80 Integretel, Inc. phone commission 11.63 Interstate Brand Corporation supplies jail 53.93 Howard Johnsons travel Hunter 41.00 LBP Trucking haulage road dept. 789.25 Lawson Products, Inc. parts road dept. 187.29 Lyle Northern Electric, Inc. parts PSB 22.17 Kenneth Miller haulage 885.50 Monticello City of utilities library (M) 334.00 Motorola Incorporated remote station rd dept. 2064.20 Navajo Communications Company phone books clerk 16.50 Office Outpost calculator treasurer 236.63 Orkin Exterminating Co., Inc. service Bluff center 40.00 Brett Palmer expenses travel council 42.20 Parley Redd's Food Town supplies sr. center 117.69 Pepsi-Cola Company vending supplies 64.35 Quill Corporation supplies purchasing 226.54 Quinlan Publishing Co., Inc. bulletin sheriff's dept. 48.80 Restaurant & Store Equipment Co. supplies jail 345.61 San Juan County circuit court revenue 567.08 San Juan County Hospital meals sr. citizens 334.75 San Juan County Library (M) petty cash library 39.19 San Juan County Sheriff petty cash sheriff 98.47 San Juan Pharmacy supplies extension 1.50 San Juan Record notice commission 265.90 Scenic Aviation commission travel 480.50 Schafer Tires muffler road dept. 29.50 Scott Machinery Company parts road dept. 388.28 Sears-Monticello Agency VCR fairboard 204.97 Seventh District Juvenile Ct. s.o. collections 100.00 Dayne Shumway Enterprises haulage 866.25 SE Utah Acssoc. of Governments R. Myshrell meals 67.20 SE Utah Dist. Health Dept. ass:3rd quarter health dept. 12265.25 Bessie J. Spencer meals aging dept. 858.00 Stat of Utah Central Store supplies purchasing 81.84 SYSCO Intermountain Food SVC supplies jail 2472.36 Holly Tatnall reim; extension 34.95 Terra tech. Inc. supplies fire control 219.11 Texaco Refining & marketing gas sheriff's dept. 15.54 Timber Products supplies road dept. 672.00 Tri-Arc Hotel commission travel 43.00 United States postmaster box 490 rent 34.00 Utah Local Gov't Ins. Trust worker's comp premium 2303.61 Utah Power & Light Company utilities aging dept. 71.30 WB Refrigeration supplies PSB 83.60 Wheeler Machinery Company parts road dept. 1392.65 Xerox Corporation main chg circuit court 63.00 Young's Machine Company tubing road dept. 75.38 Mike Young Incorporated ring road dept. 187.22 ADJOURNMENT The meeting adjourned at 3:00 P.M. Ty Lewis, Chairman Dena Hunter, Deputy Clerk