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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD

FEBRUARY 14, 1984

The San Juan County Commission met in regular session on Tuesday, February 14, 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 Black, Chairman

Commissioner Kenneth R, Bailey Commissioner Robert Low

Minutes of the Previousmeeting were approved on the motion of Commissioner Low. The motion was seconded by Commissioner Bailey and carried unanimously.

GOLF COURSE PRO SHOP DISCUSSED

Al Haskins met with the Commission to discuss the bid specification requirements of the proposals on the Golf Course operators building.

GEU PHONE DISCUSSED

Lynn Lee and Tauna Degraw met with the Commission to discuss some of the problems the county switchboard has been having with the CEU telephone extension. Several possible solutions were discussed. Mr. Lee was asked to get price quotations for installing a private phone line for the CEU office. The matter will be discussed further.

COPY MACHINE USE DISCUSSED

Gail Dalton, County Clerk, met with the Commission to discuss the use of the copy machine by some non-county entities. Miss Dalton recommended that any non-county entity pay for any copies made on the County copy machine. The Commission also feels that any non-county entity should pay for the copies they make on the County copy machine for public or private use as this is already the established policy.

COUNTY ROADS DISCUSSED

Commissioner Bailey reported that the Lisbon Valley Road is being damaged due to overweight trucks and that the road will be closed to truck traffic if determined to be necessary.

JUSTICE DEPARTMENT LAWSUIT DISCUSSED

Al Haskins met with the Commission to review enumeration and population survey information. The Commission also reviewed the schedule for public hearings in regards toputting the matter of districting County Commissioners on the ballot.

Bruce Halliday, County Attorney, met with the Commission to report on a letter he sent to Dave Wilkinson, Utah Attorney General, regarding the Justice Deparment lawsuit against San Juan County.

Commissioner Black requested Mr. Halliday contact the Justice Department and request a copy of all of the information they have concerning the lawsuit against San Juan County. The information is available under the Freedom of Informai-on Act,

BOND ELECTION RETURNS CANVASSED

Gail Dalton, County Clerk, met with the Commission to canvass the bond election returns. The Chairman the announced that one purpose of the meeting was to canvass the results of the special bond election held in San Juan County, Utah, on February 7, 1984, on the question of the issuance of $1,800,000 General Obligation Hospital and Nursing Home Bonds of said county. The Board thereupon convened as a Board of Canvassers and the County Clerk presented the returns of the special bond election held in said county on February 7, 1984, on the proposition hereinafter set out, which returns including the lists of challenged voters had been certified to the County Clerk by the elction officials appointed to conduct the election, togethere with all absentee ballots in here custody. The retuns were ordered filed with the official records of the county. Election judges were appointed to count the aforesaid absentee ballots which had been delivered by the County Clerk, After such absentee ballots had been opened, verified and deposited in a ballot box they were counted by the aforesaid election judges and the resulting tally was added to the official canvass. It was thereupon moved by Robert Low, seconded by Kenneth R. Bailey, and carried that the Board of Canvassers publicly proceed to canvass and declare the result of the aforesaid election. The returns of the election were then canvassed by the Board and it was determined that the following numbers of persons seeking to vote were challenged, the following numbers of mutilated ballots were cast but not counted, and that a total of 1,418 votes cast in said county on said proposition, the following votes were ascertained to have been cast for and against the following proposition at the following voting places:

NUMBER OF NUMBER OF

CHALLENGED CHALLENGED VOTERS

POLLING PLACE VOTERS PERMITTED TO VOTE

Bluff Community Center 0 0

Montezuma Creek Elementary School 0 0

Aneth Chapter House 0 0

Cedar Point Recreation Building 0 0

Eastland School House 0 0

LaSal School House 0 0

Jim R. Guire Residence, Sunny Acres 0 0

Monticello City Office 0 0

Blanding City Office 0 0

San Juan County Library 3 2

Mexican Hat Trading Post 0 0

Oljato Chapter House 0 0

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2H<3

WHEREAS said election was held in compliance with the requirements of the Agreed Settlement Order in United States v. San Juan County, Utah, Civil Action No. C-83-1287 (D. Utah January 11, 1984), and with the provisions of the resolution adopted by the Board of County Commissioners of San Juan County adopted on January 9, 1984, calling said election;

NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of San Juan County, Utah, as follows:

SECTION 1. That there having been furnished to this Board the returns from the special bond election held in San Juan County, Utah, on February 7, 1984, including duplicate lists of the names of each person offering to vote at said election who was challenged for cause as to his right to vote by an election official or by any otehr person, the grounds for such challenge and whether such person was permitted to vote, and after examination and canvass of such returns including such lists of challenged voters, it is hereby officially found, determined and declared that as to the proposition set forth in full in Section 2 of this resolution 1,418 number of votes were cast, of which 1,151 votes were in the affirmative and 250 votes were in the negative; 17 ballots were determined to be mutilated, and 3 voters were challenged, and of the challenged voters, 2 were permitted to vote.

SECTION 2. That at said election on the proposition appearing below a majority of the qualified registered electors of said County voting on said proposition have assented to the issuance of the bonds described in such proposition and that therefore said Board of County Commissioners is authorized to proceed with the issuance of the bonds specified in the following proposition:

Shall general obligation bonds of San Juan County, Utah, in the sum of $1,800,000, due and payable in not to exceed twenty (20) years from the date or dates of said bonds, be sold for the purpose of paying all or part of the cost of acquiring, constructing, equipping and furnishing hospitals, convalescent homes, homes for the aged or indigent, public nursing home buildings and facilities and all engineering, feasibility, legal and fiscal advisors' fees and costs incident to the authorization and issuance of such bonds, in and for said county?

SECTION _3. That at the aforesaid election, only qualified, registered electors of the County under the Constitution and laws of the State of Utah were allowed to vote on the proposition submitted at said election.

SECTION 4. That notice of said election, embracing all matters required by law to be contained therein, was given by publication in The San Juan Record, a newspaper published and of general circulation in the County, and the Navajo Times, a newspaper of general circulation in the County. Said notice was published in The San Juan Record on January 11, 1984, January 18, 1984 and January 25, 1984 and in the Navajo Times on January 12, 1984, January 19, 1984, January 26, 1984 and February 2, 1984, the date of the first of said publications being not less than twenty-one (21) days nor more than thrity-five (35) days prior to the date set for said election, and was announced on radio station KNDN, located in Farmington, N.M., on the following days: Jan. 24, 26, 28, 31, 1984, & Feb. 2, and 4, 1984; and was announced on radio station KRTZ located in Cortez, Colorado, on the following days: January 24-28, 30, 31 & Feb. 1-7, 1984, and that notice of said election was announced at one Navajo tribal chapter meeting of each chapter having members residing in San Juan County, Utah; that said notice, as published, is hereby in all respects approved, ratified and confirmed; that the Board of County Commissioners did by resolution adopted on January 9, 19843 designate the polling places for said election and did provide the necessary separate ballot boxes, ballots, paraphernalia, equipment and supplies needed for the conduct of the election, and that there were furnished to the election judges lists of registered voters residing in each consolidated voting district in said County entitled to vote in said election at each polling place; that the County Clerk did provide to the appropriate election officials in each of the regular voting districts 1, 2, 3, and 16 on the date of the election master lists for each of said regular voting districts showing the registered voters residing therein; that only persons registered and qualified as electors under the Constitution and laws of the State of Utah voted at said election; that duplicate lists were prepared showing the name of each person offering to vote who was challenged for cause by an election official, or by any other person, the grounds for such challenge and whether such person was permitted to vote; that the ballots used at said election were in the form provided by law; that the officials to serve at said election were duly and properly appointed by the Board of County Commissioners; that the places of all absent judges of election were properly filled in accordance with law; that before opening the polls, the election judges were properly sworn in accordance with law; that the polls at said voting places were opened at 7:00 o'clock a.m. and remained open until, and not later than, 8:00 o'clock p,m,; that after the closing of the polls, the ballots were properly counted and tallied, and the necessary records made by the judges of election in accordance with law, and the ballot boxes sealed and delivered to the Board of County Commissioners as required by law; that all absentee ballots in the custody of the County Clerk whichwere delivered to the Board were counted by election judges appointed by the Board and the resulting tally added to the official canvass in the manner prescribed by law; and that all things whatsoever required by law to be done in connection with the calling and holding of said election were properly and duly performed in manner and form as required by law.

SECTION 5. That in accordance with the requirements of Section 203 (c) of the Voting Rights Act of 1965,

as amended, oral minority language assistance in the Navajo American Indian language was provided at all

stages of the electoral process with respect ot said election held in San Juan County, Utah, on February 7, 1984.

SECTION 6. That said election was held in compliance with the requirements of the Agreed Settlement and Order in United States v. San Juan County, Utah, Civil Action C-83-1287 (D. Utah January 11, 1984), and with the provisions of the resolution adopted by the Board of County Commissioners of San Juan County adopted on January 9, 1984, calling said election.

SECTION 7. That all proceedings taken, acts performed, notices given, announcements made, ballots printed, elector's oaths printed, election officials appointed, polling places used and things done in connection with the calling, giving notice and holding of said election are hereby ratified and confirmed and found to be in all respects regular and in compliance with law.

SECTION 8. That this Board having adopted this resolution pursuant to the provisions of Section 12 of the Utah Municipal Bond Act, as amended (Section 11-14-11, Utah Code Annotated 1953, as amended), determining that a majority of the qualified, registered electors of the County voting on the aforesaid proposition assented to the issuance of such bonds, this Board is, therefore, authorized to proceed to issue the bonds voted at said election as permitted in Section 11-14-13, Utah Code Annotated 1953, as amended.

SECTION 9. That this resolution shall take effect immediately upon its adoption. Adopted and approved this 14th day of February, 1984.

/s/ Calvin Black___________________________

Chairman

201

Attest:

/s/ Gail L. Dalton_________________

County Clerk

(Other business not pertinent to the above appears in the minutes.) Pursuant to motion duly made and carried, the meeting was adjourned.

/s/ Calvin Black_________________________

Chairman

Atest:

/s/ Gail L. Dalton_________________

County Clerk

EXHIBIT B

Sample Ballot is attached to file copy.

EXHIBIT C Elector's Oath is attached to file copy.

STATE OF UTAH )

) COUNTY OF SAN JUAN)

1, Gail L. Dalton, do hereby certifiy that I am the duly qualified and acting Clerk of the Board of County Commissioners of San Juan County, Utah.

I futher certify that the above and foregoing constitutes a true and correct copy of the minutes of a special public meeting of said board held on February 14, 1984, and of a resolution adopted at said meeting, as said minutes and resolution are officially of record in my possession.

I further certify that there is attached to the above proceedings as Exhibit B a true and correct copy of the form of ballot prepared for use at the February 7, 1984, special bond election in the county and which was taken from the same printing as the ballots actually used at that election.

I further certify that there is attached to the above proceedings as Exhibit C a true and correct copy of the form of elector's oath prepared for use at said election and which was taken from the same printing as the elector's oaths actually used at taht election,

IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the official seal of San Juan County, Utah, this 14th day of February, 1984.

/s/ Gail L. Dalton_____________

County Clerk

(Seal)

OLJATO AIR STRIP DISCUSSED

Commissioner Bailey reported that the State shows the Oljato Air Strip as a tribal strip and will not

spend any funds on it. Commissioner Bailey will speak to Tully Lameman from the UNDC to see if they can find

out any further information on this matter.

202

HEALTH CARE SERVICES BOND DISCUSSED

Terry Rock from First Security Bank met with the Commission to discuss when the County will need the money from the bond sale for the Nursing Home addition. Commissioner Low will meet with the Health Care Services Board and get their recommendations.

BUILDING PERMIT APPROVED

Commissioner Bailey made a motion to approve a building permit for Mark Davis for the Canyonlands resort. The motion was seconded by Commissioner Low and carried unanimously.

COMMISSIONER BLACK REPORTS

Commissioner Black reported on the Senate subcommittee hearing he testified at Washington, D.C. last week. Commissioner Black testified on the Arizona Strip Wilderniss Bill and the Utah Strip Wilderness Bill. Commissioner Black also testified before the full senate on the Arizona Strip Wilderness Bill.

PUBLIC HEARING SCHEDULED IN BLUFF FOR PACKAGE LIQUOR AGENCY REQUEST

A public hearing has been scheduled in Bluff by the Utah Liquor Control Commission in regards to Bill Jenkins request for a Package Liquor Agency in Bluff. The hearing is scheduled for March 6, 1984, at the Bluff Community Center at 7:00 p.m.

NAVAJO MOUNTAIN TO OLJATO ROAD

The Commission approved the following letter to Representative Howard Nielson. A copy of the letter will be sent to the Congressional delegation and the Navajo Mountain and Oljato Chapters.

February 14, 1984

Representative Howard Nielson

1129 Longworth House Office Building

Washington, D.C. 20525

Dear Howard:

The San Juan County Commission wholeheartedly support the local Navajo Reservation Chapters in their resolutions, which have been presented to you, concerning the Navajo Mountain to Oljato road.

We support a specific line item budget appropriation in the budget of the B.I,A. in the amount of $450,000.00 to accomplish the following:

1. Establish a road alignment for a new road from Navajo Mountain to Oljato,

2. Conduct archeological clearance on this alignment.

3. Issue a right-of-way clearance at least 200 feet width along this alignment.

It was apparent from our January 20th meeting with the B.I.A. in Aneth that this is a very low priority road for them and they have no plans for progress on this road. This road is a high priority for the San Juan County Commissioners and for all the local reservation chapters.

Please try to have this made a line item appropriation, as we feel this is the only way we can get started on this road.

Thank you for your help and interest in our behalf.

Sincerely,

San Juan County Commissioners:

/s/ Calvin Black________________

Calvin Black, Chairman

/s/ Kenneth Bailey______________

Kenneth Bailey

/s/ Robert Low___________________

Robert Low

EMPIRE ELECTRIC ANNUAL MEETING DISCUSSED (Resolution 1984-2)

A resolution giving the County's proxy to Jack Young to be used at the Empire Electric Annual Meeting to be held March 17th in Cortez, Colorado was approved. Commissioner Low made a motion to approve the resolution. The motion was seconded by Commissioner Bailey and carried unanimously.

203

BILLS APPROVED FOR PAYMENT

Abajo Petroleum, Inc. Lube and Filter 42.50

A.H. Pembroke Company Supplies 96.36

Marilyn Atene Interpreter for Bond Elec. 45.00

Jolene S. Bailey Judge of Bond Election 45.00

John Baker Travel 120.57

Bancroft-WhitneyCompany Volume 24 73.60

Ann Baum Mileage 7.50

Dolores G. Bayles Judge of Bond Election 45.00

Laura L. Begay Judge of Bond Election 45.00

Baxter R. Bailey Interpreter for Election 45.00

Matthew Bender & Co., Inc. Books Purchased 10.00

Better Homes and Gardens Subscription 9.97

Black Oil Company Fuel Purchased 12,869.35

Blanding City Ins. Company Final Payment 50.00

Blanding Home Center Supplies 57.90

Blanding Husky Repairs and Balance 37.85

Francelle Blinkenstaff Judge of Bond Election 45.00

Blue Cross-Blue Sheild Reimbursement Invoice 6,846.02

Blue Mountain Foods Dinners Purchased 394.12

Boise Cascade Bldg. Mtrls. Cntr. Supplies 135.00

Pat Breedlove Judge of Bond Election 65.60

Ann H. Capitan Judge of Bond Election 45.00

Car Care Center Propane Purchased 78.90

Carr Printing Company Bond Election Supplies 941.73

Central Equipment Company Parts 151.51

Chevron USA Incorporated Gasoline Purchased 45.54

Sue Ann Chief Interpreter for Bond Election 45.00

City of Monticello Utility 12.50

Shirley W. Clarke Interpreter for Election 45.00

Coca-Cola Bottling Co. of Price Soft Drinks 28.00

Continental Tel. Co. of the West Telephone Charges 19.77

Patricia A. Cook Judge of Bond Election 45.00

Rudolph Cook Phone Calls for S.O. 31.37

Kathryn Cresswell Judge of Bond Election 45.00

Crusher Welding Service Co. Supplies 112.50

Cummins Intermountain Parts 114.82

Allen Curley Interpreter for Bond Election 45.00

Betty Dandy Judge for Bond Election 56.10

Janell Duckett Judge of Bond Election 45.00

Linda Eddie Inter preter for Election 45.00

Carl Eisemann Travel 198.76

Virginia B. Etsitty Judge of Bond Election 45.00

Afton Fisher Judge of Bond Election 45.00

Terry Foldheraiter Judge of Bond Election 45.00

Marjorie Frazier Judge of Bond Election 45.00

Alma Funk Judge of Bond Election 45.00

Minnie Gidcumb Judge of Bond Election 45.00

Ernestine Connie Interpreter for Election 45.00

Rose Anne Guire Judge of Bond Election 45.00

Lydia Hadley Interpreter for Election 45.00

Janice Harrison Witness Fees 27.50

Clara Mae G. Hatch Judge of Bond Election 45.00

Hazel Xerox Paper 1,271.08

Nora Himmelberger Judge of Bond Election 45.00

Jaime R. Holgate Judge of Bond Election 45.00

Sarah T. Holiday Judge of Bond Election 45.00

International Business Machine Display Station 81.00

Paul T. Jackson Interpreter for Election 45.00

Michael John Refund of Bail Forfeited 143.00

Herma C. Johnson Judge of Bond Election 45.00

Donna A. Jones Judge of Bond Election 45.00

KNDN The Indian Station Broadcasting 720.00

Lavina Khadjenoury Interpreter for Election 45.00

Labrums Engineering Parts 21.21

Thelma M. Lansing Judge of Bond Election 45.00

Betty Lee Judge of Bond Election 45.00

Verna R. Louderback Judge of Bond Election 45.00

Eloise B. Mahon Judge of Bond Election 45.00

Lorraine Mantz Judge of Bond Election 45.00

Mexican Hat Association Utility 14.04

Pauline Mitchell Judge of Bond Election 45.00

Money Maker Subscription/one year 9.98

Motor Parts Company Parts 1,855.21

Motor Parts Pro Mart Home Center Parts 972.57

Mountain Propane Co. Parts 15.16

Alice Nabahe Judge of Bond Election 45.00

Cecilia Rose Nakai Registration Agent 20.00

Susan Nakai Judge of Bond Election 83.00

National Assoc. of Counties Member Service Fee 265.00

National District Att's Assoc. 1984 Dues 50.00

Nat'l Police Chiefs/Sheriff's Book for Sheriff 31.85

Edward Navajo Judge of Bond Election 45.00

Navajo Times Broadcasting 19.00

Office Outpost Supplies 34.50

Orr's Auto Body & Glass Shop Tow Vehicel 37.00

Osborne's Eng. Supply Co., Inc. Supplies 18.31

Palmer's Supplies 281.30

Parley Redd Foodtown Battery Charger 186.58

Phillips Petroleum Company Gasoline 16.70

Karen M. Porter Judge of Bond Election 45.00

Quill Corporation Supplies 19.22

Rev. Sharing Advisery Service Rev. Sharing Handbook 88.50

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The Ribbon Division LTD. Supplies 133.65

Rachel Richardson Judge of Bond Election 45.00

Riverview Service Stateion Gasoline 25.84

Karolyn Romero Interpreter for Election 45.00

Carol Rogers Judge of Bond Election 45.00

Connie L. Sagrillo Judge of Bond Election 45.00

Salt Lake Stamp Company Supplies . 7.37

Ernest Sampson Judge of Bond Election 45.00

San Juan County County Ordinances 1,371.25

San Juan Ext. Office Supplies 50.95

San Juan County Road Dept. Sheriff's Dept. 3,939.24

The San Juan Record Legal Notice 13.20

Barbara A. Scott Judge of Bond Election 45.00

Elaine Sheen Refund of Bail 101.00

Doris J. Schmitt Judge of Bond Elections 45.00

D.A. Spitzer Company Supplies 6.85

State Information System Serv. Teleprocessing Service 596.00

State Treasurer of Utah Jan. 1984 Revenue 3,095.25

Marietta Stevens Interpreter/Bond Election 45.00

Elsie Sullivan Judge of Bond Election 45.00

Cynthia Tapaha Judge of Bond Election 45.00

Travelodge (Tri-Arc) Travel 78.00

Doris Tsinnijinnie Judge of Bond Election 51.80

United States Welding, Inc. Cylinder 366.24

Utah Correcitonal Association Pre-Registration 23.00

Utah State Retirement Board Judges Retirement 90.00

Utah State Treasurer Corut Reporter/Clerk Fees 140.00

Utah State University UMC 49 Travel 78.75

Rick Warner Ford Springs 301.36

The Washington Monitor Federal Yellow Book 130.00

Western Office Products Supplies 9.97

Marlene Y. Whitehorse Judge of Bond Election 45.00

S. Rigby Wright Travel 80.00

Wycoff Freight Charges 4.35

Minnie Yazzie Judge of Bond Elction 45.00

Teddy Yazzie Interpreter for Election 45.00

Mike Young Incorporated Repairs Repairs 148.22

You Too Can Do Ceramics Supplies 6.66

There being no further business for the day the metting adjourned at approximately 4:30 p.m.

Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk