SAN JUAN COUNTY COMMISSION MEETING MINUTES September 17, 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:Ty Lewis, Chairman Mark Maryboy, Vice Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant Dena Hunter, Deputy Clerk A motion to approve the minutes of the September 10, 1990 meeting as written was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. CURRENT BUSINESS Tax Sale Property William Colebank met with the Commission to discuss purchasing lot #66 in the Canyon Terrace Subdivision. This parcel was deeded to the County at the May 1990 tax sale. It was the decision of the Commission to advertise this parcel of property and accept sealed bids for this parcel of land. The minimum bid accepted will be $311.19. This is the amount of back taxes with penalty and interest that were accrued when the property was deeded to the County. Advertising will be done for two weeks. Bids will be opened at the October 2, 1990 commission meeting. Community Relations/United States Department of Justice Silke Hansen of the Community Relations office met with the Commission to finalize the plans for a meeting that is scheduled in Denver on September 25 & 26. This meeting will be with the County and Federal Agencies to discuss the services that are provided to the Native Americans. Commissioner Maryboy presented a request for the County to provide $1464.00 for travel expenses for three Native Americans to travel to the meetings. The Justice Department will reimburse the County for this expense. Mrs. Hansen said the Justice Department pays from vouchers and cannot advance the money for this travel. A motion for the County to pay the expense for the travel to Denver for Thomas Billie, Bessie Jim and Alan Benn was made by Commissioner Maryboy and seconded by Commissioner Redd. UNANIMOUS. Mrs. Hansen said the checks from the Justice Department will be made out to San Juan County and the individual and will be sent to San Juan County. Health District/Tax Increase Health District Board members Kay Johnson, Rayburn Jack and Ron Johnson and Hospital Administrator Larry Putnam met with the Commission to request support in asking for a tax increase for the Health District from .00075 to .00100. This request would be a question on the ballot November election ballot. RESOLUTION 1990-9 A resolution providing for an election to be held on November 6, 1990 for the purpose of submitting to the qualified electors of the San Juan County Health Services District, San Juan County, Utah, the question of whether an increase in the levy of taxes on the taxable property of said District should be authorized for the purpose of funding general health care programs within the District, including, but not limited to, hospital, clinics and ambulance services be approved for San Juan County Health Services District. WHEREAS, the County has created the San Juan County Health Services District (the "District") pursuant to the Utah Special Service District Act, Title 17A, Chapter 2, Sections 1301-1332, inclusive (formerly Title 11, Chapter 23), Utah Code Annotated 1953, as amended (the "Act") for the purpose of providing general health care services within the boundaries thereof, including hospital, clinics and ambulance services; and WHEREAS, the County desires to submit a voting proposition concerning as increase in the taxing authority with respect to the District to the qualified electors of the District pursuant to the provisions of the Act; and WHEREAS, Section 1973 of Title 42 of the United States Code requires that the County provide oral minority language assistance in the unwritten Navajo Native American language at the polling places at which a need for minority language exists in order to insure that such a language exists in order to insure that such a language minority group members have an opportunity to cast effective ballots at the said special election; and WHEREAS, it is the intention of the County to provide oral minority language assistance in the Navajo American language at all stages of the electoral process with respect to the special election to be held on November 6, 1990: NOW, THEREFORE, It is Hereby Resolved by the Board of County Commissioners of san Juan County, Utah (the "County") as follows: Section 1. The Board of County Commissioners of the County hereby finds, determines and declares that: (a) The native American Indian language is an unwritten language within the requirements of Section 203 of the Voting Rights Act of 19654, as amended by Public Law 94-73, and the regulations of the Justice Department implementing the provisions of the Voting Rights Act regarding language minorities and appearing in Title 28, Chapter 1, Part 55, Section 55-10(b) of the Code of Federal Regulations, which provide that as to unwritten language only oral minority language assistance is required; and (b) The Navajo American Indian language is the most widely used American Indian minority language in the County; and (c) In connection with the November 6, 1990 special election, a need exists for oral minority language assistance in the Navajo American Indian language at the polling places established for the special election in the County on November American Indian minority language group who are qualified electors of the County will have the opportunity to cast effective ballots; and (d) Oral minority language assistance shall be made available in the Navajo American language at all stages of the electoral process in connection with the special election to be held in the County on November 6, 1990. The County shall arrange for such oral minority language assistance in the Navajo American Indian language to be made available upon request Mondays through Fridays between and including October 23, 1990 and November 5, 1990 at the County Clerk's office, 587-2231, in Monticello, Utah between the hours of 9:00 a.m. and 5:00 p.m., prior to the special election. On November 6, 19990, oral minority language assistance in the Navajo America Indian language shall be provided at the polling places. The persons to act as helper at the polling places for the purpose of rendering such oral minority language assistance at the special election will be appointed at a later date. Section 2. On the 6th day of November , 1990, there shall be held in the San Juan County Health Services District a special election between the hours of 7:00 a.m. and 8:00 p.m., at which there shall be submitted to the qualified electors of the District the question appearing in the form of ballot set out in Section 7 hereof. Section 3. The voting places for said election, the election judges and alternate election judges to serve at said voting places, each of whom is a qualified elector of the County, shall be those specified in the form of Notice of Election set out in Section 6 hereof. Section 4. Such special elections shall be conducted and the registration therefor shall be governed in conformity with the laws of the State of Utah, including particularly the Act and the Utah Municipal Bond Act, Title 11, chapter 14, Utah Code Annotated, (1953), as amended, and the officials of the County shall and are hereby authorized and directed to perform and do all things necessary to the proper calling and conduct of such election and the canvass of the results thereof. Section 5. In accordance with the provisions of Section 203 of the Voting Rights Act Amendments of 1975, oral minority language assistance in the Navajo American Indian language will be made available at all times at all stages of the electoral process with respect to the special election. Persons who will be qualified electors entitles to vote at said special election may arrange for oral minority language assistance Mondays through Fridays between and including October 23, 1990 and November 5, 1990 at the County Clerk's office, 587-2231, in Monticello, Utah, between the hours of 9:00 a.m. and 5:00 p.m. In addition, oral minority language assistance in the Navajo American language will be provided at the polling place on the day of election. Section 6. In accordance with Section 11-14-21, Utah Code Annotated, as amended, the San Juan Record, a newspaper published in and having general circulation in San Juan County is hereby designated as the "official newspaper" for the publication of all notices required under Chapter 14 of Title 11, Utah Code Annotated, as amended. Notice of the election shall be published three (3) times, once a week for three (3) consecutive weeks, the first publication to be not less than twenty-one (21) nor more than thirty-five (35) days before the election in the San Juan Record. (for completed resolution see resolution file in the Clerk's office) A motion was made by Commissioner Redd to approve the resolution and the request for an increase in the mill levy with the stipulation that the Resolution is reviewed by the County Attorney. The motion was seconded by Commissioner Maryboy. UNANIMOUS A discussion was held with the Board members and Mr. Putnam concerning the Birthing Center that is being proposed in Blanding. The Board reported they are in the process of bringing another Doctor to San Juan County. Justice Court Clerk County Attorney Craig Halls, John Fellmeth and Monticello Justice Court Clerk Francis Erickson conducted the interviews for the position of Justice Court Clerk. It was the recommendation of this board that Faye Muhlestein be hired as the Justice Court Clerk. This recommendation was made because of her experience in the Court and the need of physical assistance by the Judge. A motion to approve the hiring of Mrs. Muhlestien was made by Commissioner Maryboy and seconded by Commissioner Redd. UNANIMOUS. The Commission requested that Administrative Assistant Rick Bailey prepare a recommendation for a salary for this position. The Commission will approve the salary at the next meeting. It was the decision of the Commission to have John Fellmeth purchase the equipment needed to place a terminal from the Justice Court Computer system in County Attorney Secretary Julie Wood's office. This will allow Mrs. Wood to help with entering cases in the computer. Division of Wildlife Resources Division of Wildlife Resources Regional Director Miles Morretti met with the Commission at the request of Julius Claw to discuss the hunting rights of the Native Americans. Mr. Claw was not present. Thomas Billie and Harry B. Jones were present. Mr. Morretti said he has been working on the problems the Native Americans had addressed to the Division at the meeting that was held after the hunt last year. A meeting is planned on September 25, 1990 in Page, Arizona with the Utah Division of Wildlife Resources, Arizona Wildlife and Navajo Tribal Wildlife officials. This meeting is being held to discuss the concerns of the hunting laws and hunter education. Mr. Moretti said one of the problems he felt the older Native American people had was understanding the proclamation. The Division is working on getting hunter education classes set up in the area so they are available to all who would like to take them. Mr. Moretti discussed the problem of proof of residency that some of the Navajo people who live at remote locations like Navajo Mountain have. The Division officers look for a Utah Drivers license and Utah license plates for proof of Utah residence. Mr. Morretti suggested that the people that are residents and have their vehicles licensed in another state may use voter registration as a proof of residency. Commissioner Maryboy will help set up meetings at the Chapters with the Division to discuss hunting with the people. Canvass of the Primary Election The returns of the September 11, 1990 primary election were canvassed at noon. There were seventeen absentee ballots processed. The official returns are found at the end of these minutes. Community Relations Meetings/Denver Jean Melton met with the Commission to discuss items that needed to addressed at the meeting in Denver between Federal Agencies and the County. Toxic Waste Susan Taylor, Economic Development and Travel Council, met with the Commission to discuss a report of toxic waste being dumped in the County. Ms. Taylor said she has received a call from a person that works in Page, Arizona. Several tourist have reported a semi truck with Colorado plates dumping waste off from the side of the road in the Comb Wash area. Cal Black Memorial Airport Grant The application for the grant for the archeological mitigation for the Cal Black Memorial Airport was presented for approval and signing. A motion to approve the application and the signing was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Commission Workshop Administrative Assistant Rick Bailey discussed the Commission workshop that was attended last week in Logan. A discussion was held at the workshop concerning Green Belt land. The County Assessor can change the classification of land. The State Tax Commission sets the tax rate for the classification. The Commission asked Assessor Bruce Bunker and Administrative Assistant Rick Bailey to review some of the Green Belt land in the County to see if it is in the right classification. Mr. Bunker said there will be a Green Belt workshop held in Richfield, Utah on October 1, 1990 Mr. Bailey discussed the Utah Association of Counties litigation report. It was requested that $150,000 per year be alloted to continue the litigation for the State Tax Commission. The request was approved. The Utah Association of Counties Multi-Line Insurance was discussed. Mr. Bailey reported there will be a meeting on October 4, 1990 at 8:00 A.M. with County Commissioners and County Attorneys to discuss the Multi- Line Insurance. The commission felt that Deputy Auditor John Fellmeth and Clerk/Auditor Gail Johnson should also attend this meeting. Mr. Bailey said he had attended workshops at the Convention where discussions were held on Assessing and Collecting and expanding the Federal Payment in Lieu of Taxes. National Association of Counties Administrative Assistant Rick Bailey reported the convention for the National Association of Counties will be held in Salt Lake City in 1991. There is booth space available for rent. NaCo is also requesting information from the Counties on tours and advertising. Mr. Bailey will contact Travel Council Director Peggy Humphreys about this matter. Bureau of Indian Affairs Administrative Assistant Rick Bailey presented "Evidence of Authority of Officers to Execute Papers" from the Bureau of Indian Affairs for the signature of the Commission and County Clerk. A motion to authorize Commissioner Lewis and Gail Johnson to be the officers to execute paper for the County with the BIA was made by Commissioner Redd and seconded by Commissioner Maryboy. UNANIMOUS. Hatch Road Problems Administrative Assistant Rick Bailey reported the Transportation Services District is trying to upgrade and pave Road #413 in the Hatch area. The Navajo people that have allotments in this area need to sign the agreements for this work to be done. There are two people that have allotments that have hired an Attorney and want the road closed or to make the section they have allotments on a toll road. A discussion was held about the possibility of realigning the road to by-pass this section. Mr. Bailey will discuss this matter with Engineer Doug Pehrson and County Attorney Craig Halls. Telecommunications Meeting Administrative Assistant Rick Bailey and Communications Specialist Bill Bayles will attend a State Telecommunications meeting on Moab on September 18, 1990. COMMISSIONER BILL REDD'S REPORT Commission Workshop Commissioner Redd reported he attended the Commission workshop in Logan, Utah on September 13th and 14th. Commissioner Redd said after attending a workshop on litigation he felt the County needs to request a list from the State Tax Commission of all appeals that have been filed on State Assessed property over the past seven years. Transient Room Tax Commissioner Redd said he has prepared a survey to be sent to all of the County businesses concerning economic development and tourism. This survey will help the Commission determine if the transient room tax should be increased. COMMISSIONER MARK MARYBOY'S REPORT Census Count Commissioner Maryboy reported Dick Neztsosie, Executive Director of UNDC, will go over the census maps to see if he can help with getting an accurate count of the Reservation. Special Services District Commissioner Maryboy requested a map of the Special Services District that is being set up in the Aneth area. Commissioner Maryboy will have the Aneth Chapter mark the map with the names of the people and where they live. Communications Commissioner Maryboy expressed a concern over the problems that have been occurring with the television reception in the southern part of the County. Commissioner Maryboy said he felt Mr. Bayles needs a supervisor to report his work to. Commissioner Maryboy said if there is too much work that Mr. Bayles may need to hire an aid. Recreation/ School District Commissioner Maryboy discussed a letter the Commission received from Lynn Lee of the College of Eastern Utah , San Juan Campus. Mr. Lee said he has received a letter from the School District stating the District will no longer participate in the recreation program. There is a possibility of the School District charging rent for the use of school facilities for recreation. Kent Tibbetts, School District Business Manager, has said that any financial obligation must go through the School Board. Commissioner Redd will write a letter to the School Board about this matter and request the Commission attend the next meeting of the School Board. Navajo Fair Commissioner Maryboy reported the Navajo Fair held on September 12-16, 1990 was very successful. There was a large turn out. Commissioner Lewis said he attended the fair and would like to compliment all those involved in the fair for an excellent job. COMMISSIONER TY LEWIS REPORT Division of Wildlife Resources Commissioner Lewis reported he has received a response to a letter sent to Tim Provan, Director of the Division of Wildlife Resources. Commissioner Lewis requested help from Mr. Provan in delineating Native American rights in relation to wildlife laws. Mr. Provan said he had turned the matter over to the Attorney General and Commissioner Lewis should expect a response soon. Senator Orin Hatch Letter A letter was received from Senator Orin Hatch concerning wilderness and the amount of land that would be locked up in wilderness. Senator Hatch said he didn't feel the land should be locked up into wilderness. Senator Hatch said he felt wilderness established no management land. Senator Hatch said he had no endorsement of any wilderness plan at this time. Congressman Hansen/Drought A letter was received from Congressman Jim Hansen concerning a request to declare San Juan County a drought disaster area. Congressman Hansen said Congressman Nielson is working on this proposal at this time and he will be happy to assist him. Navajo Mountain Commissioner Lewis reported that he and Doug Pehrson had flown to Navajo Mountain to attend a meeting with Navajo Tribe Road Committee. A discussion was held concerning the paving of the road from Inscription House to Navajo Mountain. The Navajo Road Committee was in favor of the work on the Inscription House to Navajo Mountain road. The Navajo Mountain Chapter is working on getting right-of-way clearance for the airport, gravel pits and a translator site for television. Commissioner Lewis reported he talked with Walter Atene about the Oljato bridge project. Mr. Atene said the necessary work is about finished. A motion was made by Commissioner Redd to authorize Administrative Assistant Rick Bailey to sign the letter for the County when Mr. Atene says the right-of-way is secured. The motion was seconded by Commissioner Maryboy. UNANIMOUS. BILLS APPROVED FOR PAYMENT Mark Maryboy 3 navajo/Denver justice dept. $ 1464.00 Isabelle Black primary reg. agent 60.00 Ernestine Gonnie primary reg. agent 60.00 Doris Tsinnijinnie primary reg agent 60.00 Abajo Electric supplies courthouse 120.00 Alan's Body Shop supplies road dept. 109.22 Allied Carriers Exchange freight road dept. 49.00 American Televenture cable sheriffs dept. 67.50 American Wholesale Groceries supplies co. jail 1099.60 Attorney General's Office E. Begay 25.00 Richard M. Bailey travel exp aging dept. 135.92 Baker & Taylor Books book library (M) 18.08 Black Oil Company freight sheriff's dept. 196.17 Nicky Black haulage 787.25 Blanding City Justice Court calvin brown s.o. collections 750.00 Blue Mountain Foods supplies jail 86.53 Blue Mountain Meats supplies jail 50.70 Blue Mountain Music videos sheriffs dept. 59.95 Canyonlands Dairy supplies jail 1415.79 Vee Carroll library training(M) 54.07 Cate Equipment Company parts road dept. 141.25 M.V. Christensen haulage 847.00 William Christensen tac training sheriff 58.00 Computerware Data Prod., Inc. supplies sheriff 88.96 Continental Telephone Company phone sheriff 770.74 Creamer & Noble Engineers engineering svc 27239.29 Dubois Chemicals, Inc. supplies jail 237.42 Durango Radiology s.o. service 21.00 Eastman Kodak Company jul90 copy usage 171.07 Elf Asphalt asphalt road dept. 27736.23 The Franklin Institute, Inc. 91 planner refills 45.70 Frito-Lay, Inc. supplies jail 23.64 Gall's Incorporated supplies EMS 75.60 Grand County B road work SJC 7310.75 Gus Paulos Chevrolet, Inc. parts road dept. 56.81 H&K Locksmith Shop lock road dept. 117.00 Peggy Humphreys expenses travel council 149.91 Intermountain Farmers Assoc. supplies extension 89.86 Interstate Brands Corporation supplies 153.79 Howard Johnsons commission travel 92.00 K&C Trading Post supplies elections 3.98 KTNN election notices 420.70 Kent's Foods supplies jail 183.12 Lawson Products Inc. parts road dept. 180.32 Legislative Printing 90 court rules 11.30 Mega Corporation parts road dept. 753.99 F.H. Miller Jr. parts road dept. 105.68 Kenneth Miller haulage 1251.25 Modern Display supplies fairboard 60.64 Monsen Engineering Company supplies surveyor 46.63 Montella's Repair supplies road dept. 68.80 Monticello City of pavilion rent fair 38.50 Monticello City Justice of the Peace s.o. collections 45.00 Monticello Mercantile supplies jail 12.56 Monticello Plumbing and Heating labor bluff firestation 691.91 Moore Business Forms, Inc. voter info cards 596.82 Motor Parts Pro Mart Home Center supplies communications 320.15 Petrolane Gas Service tank rent library (B) 318.80 Quality Bookstore book -credit library (B) 28.02 Quill Corporation supplies purchasing 26.72 San Juan County aug. revenue 928.64 San Juan Hospital svc. sheriff's dept. 309.10 SJC Seventh District Court s.o. collections 40.40 San Juan Pharmacy film proc. EMS 7.58 San Juan Record letterhead sheriff 90.70 Sargent-Sowell, Inc. supplies sheriff 101.49 Schafer Tires labor sheriff 16.00 Sears-Monticello Agency supplies sheriff's dept. 59.97 Dayne Shumway Enterprises haulage 1520.75 SYSCO Intermountain Food SVC supplies jail 734.52 Trailside General Store P&I fund sheriff 7.12 United States Postmaster bulk agenda aging 35.00 United States Welding, Inc. supplies road dept. 252.00 Utah Local Gov't Ins. Trust worker's comp premium 2762.38 Utah State Library book library (M) 21.41 Utah State Treasurer august revenue 4747.00 Steven E. Warren, M.D. service s.o. 200.00 Wear-Guard supplies road dept. 54.59 Wheeler Machinery Company parts road dept. 1005.63 Mike Young Incorporated trucks fire control 49794.00 Zion's First National Bank San Juan equip. lease 18422.50 B&H Building Supply Co. nails surveyor 11.55 Monticello Golf Club fall classic golf 375.00 Mook & Blanchard books library (M) 16.91 Associated Bag Company supplies sheriff dept 165.00 Randall Farms supplies jail 74.90 Book-of-the-Month Club book library (B) 17.44 Sally Kyle primary poll official 67.50 Nelson's Heating & Refrigeration air condition repair 217.60 Sam Weller's Zion Bookstore books library (M) 297.01 Rutland Tool & Supply Co., Inc. supplies road dept. 7.05 A.R.A. parts road dept. 726.04 Esther Lansing primary workshop 10.00 American Dynamics supplies sheriff 131.40 Vic Austin supplies library (M) 34.00 Dolores Bayles kitchen helper aging 30.00 Isabelle W. Black registration agent 60.00 Jackie Dale primary poll official 112.50 Bonnie Dalton reg agent 60.00 Sandy Freestone reg agent 60.00 Jacqueline Fuller reg. agent 60.00 Alma Funk reg. agent 60.00 Generic Software supplies surveyor 25.00 Ernestine Gonnie reg. agent 60.00 Stanley Hawkins rest:Marlin Kill-In-Sight 40.00 Industrial Injection Service parts road dept. 55.38 Holiday Inn commission travel 106.00 Intermountain Peterbilt Inc. parts road dept. 16.45 Theresa James ck reg/recruit workers elections 80.00 Ruth P. Lyman reg. agent 60.00 Nereece Johnson reg. agent 60.00 Jean Jones reg. agent 60.00 Kay Kones reg agent 60.00 Eloise B. Mahon reg. agent 60.00 Media Source books library (M) 58.06 Gary Nelson bail refund 20.00 Neutron Industries, Inc. supplies sheriff's dept. 121.23 Claudia Orr reg. agent 60.00 Karen Porter primary poll official 125.00 L. Hardy Redd cost share program 150.00 Seventh Circuit Court s.o. collections 45.00 Linda Stiller cost share 150.00 Doris Tsinnijinnie reg. agent 60.00 Vivian Todachene reg. agent 60.00 Western Engineers, Inc. oljato bridge project 26842.13 Aneta M. Whaley reg, agent 60.00 Southeast Utah Area Agency on meals 73.60 Francell Blickenstaff primary poll official 73.75 Paula A. Jones primary poll official 73.75 Mary jane Yazzie primary poll official 70.00 Anna Marie Nat primary poll official 70.00 Barbara Morris primary poll official 45.00 Loretta J. Posey primary poll official 80.00 Lorraine Mantz primary poll official 80.00 Fern Frost primary poll official 8.00 Mabel June Palmer primary poll official 76.25 Georgean H. Burtenshaw primary poll official 76.25 Sallie Hughes primary poll official 76.25 F annie Clark primary poll official 65.00 Pricillia Topaha primary poll official 70.00 Mary L. Dee primary poll official 70.00 Carolyn S. Marion primary poll official 65.00 Julie Carothers primary poll official 65.00 Lula Katso primary poll official 65.00 Burch's Indian Trading Company rent primary election 25.00 Bruce K. Halliday rent primary election 25.00 Stella Kee primary poll official 60.00 Calvin L. Joe primary poll official 75.00 Daisy Todacheene primary poll official 75.00 Roxana Todacheene primary poll official 75.00 Sarah Carhart primary poll official 65.00 Cynthia Carhart primary poll official 65.00 Joyce Harvey primary poll official 70.00 Vicki Nebeker primary poll official 70.00 Day's Inn lodging library conference 36.00 Verna R. Louderback primary poll official 67.50 Dianne Hansen primary poll official 67.50 Darlene Somerville primary poll official 65.00 Marcella Snow primary poll official 65.00 Clara Mae G. hatch primary poll official 70.00 Maxine Himmelberger primary poll official 70.00 Margret R. Bronson primary poll official 72.50 Reta L. Adams primary poll official 72.50 LaVerne Tate primary poll official 75.00 Shirley Shumway primary poll official 77.50 Betty Dandy primary poll official 60.00 Adell Lovell primary poll official 77.50 Shari Mexican primary poll official 77.50 Donna M. Arthur primary poll official 75.00 Donna Marian primary poll official 76.25 Sue Ann Deal primary poll official 62.50 Charlotte Tapaha workshop/mileage election 12.94 Linda Goodman workshop primary election 13.78 Harry Nez primary poll official 75.00 Daphine Greymountain primary poll official 75.00 Edward Luna primary poll official 75.00 Ruby Ann Ross primary poll official 75.00 Jack Cheif primary poll official 75.00 ADJOURNMENT The meeting adjourned at 3:00 P.M. Ty Lewis, Chairman Dena Hunter, Deputy Clerk