SAN JUAN COUNTY COMMISSION MINUTES NOVEMBER 14, 1988

The regular session of the San Juan County Commission convened at 10:00 A.M. at the San Juan County Courthouse at Monticello, Utah.

Commissioners Present: Calvin Black

Kenneth Bailey

Commissioner Mary Maryboy was out of town. A motion to approve the minutes of November 7, 1988 as corrected was made by Commissioner Bailey and seconded by Commissioner Black. UNANIMOUS.

COMMISSIONER KENNETH BAILEY'S REPORT

Harts Draw Road - Commissioner Bailey reported that the gravel has been laid on the Harts Draw project and all of the work should be completed this week.

Out of State Travel/Doug Pehrson - A motion to approve the out of state travel for County Engineer Doug Pehrson to attend the 3rd Annual Transportation Conference for the Tribal Road Commission in Page Arizona was made by Commissioner Bailey and seconded by Commissioner Black. UNANIMOUS.

Bluff Airport - Commissioner Bailey felt that if the County decided to armour coat the Bluff airport that the road leading to the airport should also be armour coated. County Engineer Doug Pehrson was asked to make two separate estimates, one for the airport and one for the road, for consideration by the Commission. Mr. Bailey stated that the road had never been brought up to grade and drain because of the sandy sections.

Todahaidekani Shale Pit - All of the necessary paper work has been submitted on the Todahaidekani shale pit.

Bluff Dump - A problem has been encountered with the digging of new pit for the Bluff Dump as the exact boundaries are not known. The BLM is in the process of completing the application for the ten acres requested to extend the boundaries. County Engineer Doug Pehrson will check out the boundaries and make a recommendation as to where the pit needs to be dug.

Roads 208 & 408 - Commissioner Bailey reported that the grid roller has been taken down to the race track road and the road department will be gridding those roads this week. After the gridding has been done, a determination will be made as to how much gravel will be needed on the roads.

Independent Truckers Contract - Commissioner Bailey recommended that an Independent Truckers Contract be signed with Merz Hugentobler as he is purchasing the truck that Tony Brandt owned. The required insurance has been applied for and will be submitted to the County as soon as it is received. A motion to accept and authorize Chairman Black to sign the agreement was made by Commissioner Bailey and seconded by Commissioner Black. UNANIMOUS.

COMMISSIONER CALVIN BLACK'S REPORT

Bluff Service District - Commissioner Black reported that letters have been received from residents in Bluff with respect to the proposed service district. At a meeting held in Bluff, 42 residents, by a show of hands, voted to support and continue with the project and requested that the County establish a service district. There was no opposition to the proposal but three individuals indicated they were undecided on the issue. Since that time Rosalie Goldman, Mark & Linda Richmond, Everett & Wilma Berensen, and Jim Sayers, who was also representing the Inez Wilson household and the Ron McKenzie household, have submitted letters opposing the proposal and requesting that their properties be withdrawn and/or excluded from the proposed sewer service district. Commissioner Black will respond to the letters and indicate that the Commission is legally and morally obligated to establish a district if the majority of the residents want one. If the district is established, the residents are then subject to whatever the opportunities, limitations and requirements are set forth by the district.

A letter received from Ken Chamberlain, an attorney working with the residents of Bluff to draft the preliminary resolution, indicated that the legal surveys and mapping has been received and the necessary paper work will be forwarded to the County for official action . The Commission set November 28 at 2:00 P.M. as the time to establish or reject the proposal.

Community Inpact Board - A workshop on "How to Apply" for Community Development Block Grants will be held on December 6, 1988 at the San Juan County Courthouse in Monticello, Utah at 7:00 P.M. In order to apply for a Block Grant for 1989-90, attendance at this meeting is mandatory.

Utah State Mental Health Planning Committee - "A Blueprint for Action, 1989-1991" has been received from the Utah State Mental Health Planning Committee. They will be holding hearings on Nov. 30th in Price at 2:00 P.M. and 7:00 P.M. to review the plan and received comments on it. Commissioner Black stated that he had received seven copies of the plan in seven different envelopes all postmarked on the exactly the same day from the same office and all from the same name and address. Mr. Black gave six of the copies to Lt. Governor Val Oveson and told him that this might just indicate a small portion of the waste in government.

AOG Animal Legislative Conference - Bill Howell called to report that the AOG Annual Legislative Conference has been postponed until November 29th at 3:00 and 6:00 P.M. The commissioners, mayors and city officials within the four county area are invited to meet with the state representatives and senators on legislative concerns.

Utah Association of Counties - The Utah Association of Counties Fall Management Conference will be held in St. George on Nov. 17-18. Some of the issues to be discussed will be state funding formulas, state mandated operations, and tax limitation issues.

National Association of Counties/Yakima Indian Zoning Ordinance - Commissioner Black reported that the National Association of Counties have submitted an amicus brief with the Supreme Court in connection with the Yakima Indian Zoning Authority Case. The Yakima Indian Nation in the State of Washington is asserting total zoning authority and regulation over all lands within the perimeter of their reservation. Twenty percent of the land within the reservation is free title and owned by non Indians and the Indians are claiming the power to zone and regulate the area in conflict with county zoning ordinances. That will be heard before the Supreme Court in the near future.

ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT

Southeastern Utah Health District - Bob Furlough, Director of the Southeastern Utah Health District, called and asked if they could use one of the County's four-wheel drive vehicles during the winter to provide health services on the reservation. Mr. Furlough will be getting a vehicle from the state in February but needs one until that time. The Commissioners approved the request.

County Budget Worksheet/Preliminary - Administrative Assistant Rick Bailey gave the Commissioners a preliminary copy of the budget worksheet. Many of the departments have not turned in their 1989 budget requests and so most of the figures represent 1988 requests. An accurate worksheet will be presented next week when all of the departments have turned in their requests.

Utah Local Government Trust/Workshop - Administrative Assistant Rick Bailey reported on a workshop he and County Clerk Gail Johnson attended in Richfield. The workshop was sponsored by the Utah Local Government Trust and dealt with liability issues. They are making a big effort to educate people on how

to do proper terminations so there isn't a reverse lawsuit initiated. Utah Local Government Trust has asked the counties to determine which jobs are heavy labor jobs and to make sure that individuals have a physical before being allowed to work at those jobs in order to protect the County. Beginning January l 1989 the Trust is initiating a program called the Duck Shoot Back, which will countersue those lawyers who file frivolous lawsuits for individuals. They have also hired an attorney to review sane of the cases, especially in the law enforcement areas, and help out on some of those cases. A hot line will be established with an attorney or a qualified person to answer any questions that may arise on liability problems.

CURRENT BUSINESS

Forest Service/Peavine Corridor - Commissioner-elect Ty Lewis reported on a meeting with the Forest Service relative to the Peavine Corridor. It is a 66 foot wide road in Dark Canyon that runs through a designated wilderness area. Wilderness designated areas are supposed to be roadless areas but the road into Dark Canyon has been in existence for a number of years and as a compromise Congress designated that the road down to Rigg Canyon would be left open and the road up to the cabin in Dark Canyon would be retained. There has been some indication of misuse by three and four-wheel vehicles in the area. Mr. Lewis expressed the desire of the County to keep that road open for public use. The Forest Service is interested in receiving recommendations of alternatives as to how they should manage the corridor. Mr. Lewis suggested that when the proposals are received from the Forest Service that they are carefully reviewed. Commissioner Black indicated that the most important thing that should be done, not only in this particular area but all other areas, is to maintain areas that are available to the public that have been open in the past and not allow public or private entities to close roads that have been established and open for public access.

Sheriff's Department - Sherriff Claude Lacy asked about the status of the two vehicles requested earlier. The new vehicles will replace two high mileage automobiles that will be put up for auction by the County. The Commissioners asked Administrative Assistant Rick Bailey to check with the local Chevrolet dealer to see what information can be obtained on a four-door, four-wheel drive vehicle that is coming out after the first of the year before a decision is made.

Road Department - Road foreman Tony Brandt presented a proposal for the purchase of a new John Deere 644E Wheel Loader for $88,150.00. Scott Machinery Company has indicated that any parts that may be needed will be guaranteed within 24 hours or the company will pay for the part. Mr. Brandt stated that the difference between the John Deere loader and a Cat loader is approximately $29,000 and a difference of $10,000 on a Case loader. The company would like to bring the loader down tomorrow for demonstration purposes. Commissioner Bailey made a motion to purchase the loader pending a final decision after the demonstration. Commissioner Black seconded the motion. UNANIMOUS.

Equalization Request - Cleal Bradford asked the Commission about the possibility of a retroactive adjustment for the Ute properties which were placed on Green Belt on the 1987 tax notice. Commissioner Black stated that if some adjustment is made he would want it done on the basis that they were eligible for green belt and weren't aware of it. County Attorney Craig Halls will be asked for a decision on this matter.

Beer Licenses/Hite & Halls Crossing - A motion to approve the applications for beer licenses for the new owners at Hite and Halls Crossing was made by Commissioner Bailey and seconded by Commissioner Black. UNANIMOUS.

Harry Jones Road - Harry Jones met with the Commission to see how soon the County was going to put gravel on his road. The road has been graded but has not been graveled. Commissioner Bailey was under the impression that the work had been completed but will follow up on the matter.

Auditor's Billing - The Commissioners discussed the requested additional billing of the independent audit on the County financial records and the billing for analysis on the Merrill Lynch investments. It was the recommendation of the Deputy Auditor John Fellmeth that only the bid amount of $6,000 be paid for the audit. Both County Clerk Gail Johnson and Mr. Fellmeth felt that there was not sufficient extra work done on the audit to justify the extra billing. County Attorney Craig Halls stated that if the bid is let by the County knowing that the work is substantially more than the bidders realize then the County would have some responsibility. But it seems to be apparent that the bidders know what work is required as they make essentially the same bid year after year. Mr. Halls felt that future requests for the audit should state exactly what work would be required of the auditing firm to allow them to made a proper bid. A motion to deny further payment for the County audit was made by Commissioner Bailey and seconded by Coninissioner Black. UNANIMOUS.

An opinion given by an independent CPA on the work papers from the Anderson & Peterson Assoc. regarding the Merrill Lynch investments stated that there was not a complete analysis made of the investments. Commissioner Black had requested an analysis and a summary of the total amount the County had invested over the period of time and what could have been accrued if the money had been in an approved investment. The work papers indicated that a summary had been made of the transactions which are already on a year end report. The independent CPA stated that $7,000 to $9,000 would be a generous amount to pay for the work completed. Commissioner Bailey made, a motion to have the work papers of the Anderson & Peterson Company evaluated and assess liberally the time that work could be done by someone else, and use that amount as payment in full. Cortmissioner Black seconded the motion. UNANIMOUS.

County Attorney Craig Halls will write a letter to Anderson & Peterson Assoc. explaining the County's position.

Weed & Rodent Truck - Jim Keyes presented a request from the Steve Reagan Company for a compromise on the payment for the truck purchased by the County Weed & Rodent department. Mr. Reagan proposed that his company would stand the price of the bed of the truck which was installed at a cost of $500.00 and then the County would assume the cost of other repairs that had to be made. Mr. Keyes seemed to think that there was a lack of communications between the salesman and the mechanics at the Steve Reagan Company as the reason for the work not being completed. Mr. Keyes stated that the additional cost would amount to approximately $174 above the original bid. The Commission asked Mr. Keyes to reevaluate the bill as it was the County's understanding that the truck would be completely outfitted before being picked up by the County.

County Fair Grounds - Mr. Keyes said that the bucking chutes at the County Fair Grounds in Monticello need to be rebuilt as some animals have gotten out of the chutes creating a danger to people at the rodeos. The fair board would also like to purchase a livestock scale that could be used by other cattlemen as well as participants at the County Fair. The Commissioners told Mr. Keyes to include the request in his budget for the Commission to consider. Coninissioner Black also indicated that the rodeo grounds in Blanding have been leased by the County. Mr. Keyes will be asked to contact Dennis Guyman and come up with some recommendations for a budget for this year and a long-range plan to improve that facility. The Commission would also like to have matching funds of 1/3 to 1/2 from the communities for the facilities as they are a benefit to the various communities. These requests could be put on the budget as capital improvements.

Mr. Keyes also asked who should be responsible for the scheduling of the fair grounds. The Commission indicated that Mr. Keyes' office would be the proper place to assume that responsibility.

There is a portion of the fence that needs to be repaired to enable them to lock the facility so that it won't be abused.

Canvas of Votes - The Commissioners canvassed the general election votes as stipulated by law. The tally books from each of the 20 voting precincts were checked for accuracy with the totals called into the County Clerk on the day of the election. Several corrections were noted and 22 absentee ballots received since the election with postmarks prior to Nov. 7 were counted and added to the totals. A copy of the voting results by precinct can be found at the end of these minutes.

BILLS APPROVED FOR PAYMENT

DeEsta Anderson election judge $ 45.00

Atex Incorporated supplies road department 99.60

Brigade Quartermasters, Ltd. supplies sheriffs department 71.73

Brasier Asphalt, Inc. asphalt road department 30,778.80

Bestway Products Co. parts courthouse 64.90

Julie Bailey election judge 45.00

Iris J. Barton election judge, training session 55.00

Tamara Barton election judge 45.00

Ann Baum election judge 45.00

Dolores G. Bayles election judge, training session 55.00

Ora Bayles election judge 45.00

Adeline Bedonie election judge, training session, mileage 66.34

Lena J. Begaye election judge, training session 55.00

Irene M. Benn election judge, training session, mileage 58.78

Robin Benallie election judge 45.00

Brenda Benally election judge, training session, mileage 59.20

Elsie D. Billie election judge, training session, mileage 61.30

Francell Blickenstaff election judge, training session 55.00

Brenda Bowles election judge 45.00

Pat Breedlove election judge, training session, mileage 79.62

Anna L. Broderick election judge 45.00

Margaret R. Bronson election judge, training session 55.00

Georgan H. Burtenshaw election judge, training session 55.00

CDG, Inc. supplies, parts road department 111.37

Sarah Carhart election judge, training session 55.00

Julie Carothers election judge 45.00

Dale Caviness election judge, poll rent 80.00

Jack Chief election judge 45.00

Sue Ann Chief election judge, training session, mileage 59.62

Sheri L. Christensen election judge, training session 55.00

Kathy Cresswell registration agent, election judge, poll rent 140.00

Bonnie Dalton registration agent North Monticello 60.00

Betty Dandy registration agent, election judge, deliver returns 91.40

Juanita Denny registration agent Mexican Hat 60.00

Betty J. Earley election judge 45.00

Farmington Daily Times public notice absentee ballots 39.20

First Security Bank purchase outdoor equipment 185.00

Afton Fisher election judge, training session 55.00

Fern Frost election judge, training session 55.00

Jacqueline Fuller registration agent 60.00

Alma Funk registration agent Cedar Point 60.00

Paula Garcia election judge 45.00

Minnie Gidcumb election judge, training session 55.00

Rosalie Goldman election judge 45.00

Ernestine Connie registration agent, training session, mileage 124.56

Shirley Harris election judge, training session, mileage 76.00

Clara Mae G. Hatch election judge 45.00

Dianne Hatch election judge 45.00

Oleen N. Hatch election judge, training session 55.00

Jay L. Heisel Jr. election judge 45.00

Kaylyn Higgins election judge 45.00

Hit Cattle Company water for gravel mustange road 160.00

Gregory Holiday election judge, training session, mileage 59.20

Tharla L. Holyoak election judge 45.00

Sallie Hughes election judge, training session 55.00

DeAnn Ivins election judge 45.00

Nellie J. Jackson election judge 45.00

Jeffrey James election judge, training session 57.10

Theresa James registration agent 60.00

Donna Rae Johnson election judge 45.00

Jeanne Jones registration agent Central Monticello 60.00

Kay Jones registration agent S.E. Blanding 60.00

Paula Jones election judge, training session 55.00

KTNN advertising election 2,926.00

Lula Katso election judge, training session 70.12

Stella Kee election judge 45.00

Lorraine King election judge, training session 48.36

Merline S. Kyle election judge 45.00

Linda Lansing election training session 19.66

Thelma M. Lansing election judge, training session, mileage 58.78

Larry's Electronics parts and labor recreation department 88.48

Cindy Leavitt election judge 45.00

Rhonda L. Leber election judge, training session, mileage 64.66

Esther E. Lewis election judge, training session 78.94

Adell Lovell election judge, training session 55.00

Maxine S. Lyman election judge, training session 55.00

Peggy Lyman election judge, training session 55.00

Ruth P. Lyman registration agent 60.00

Manti Country Inn travel expenses W. Christensen 25.00

Jessie Mae Macdonald election judge, training session 55.00

Mitchell J. McCann standby firefighter 30.00

Eloise Mahan election judge, registration agent, training session 15.00

Lorraine Mantz election judge, training session 55.00

Nora Manybeads election judge, training session 60.04

Donna Manan election judge 45.00

Kenneth Miles election judge 45.00

Shari Mexican election judge 45.00

Barbara Morris election judge 45.00

Betty Mortensen meals travel to S.L.C. 24.00

Leona Mueller election judge 45.00

Anna Marie Nat election judge 45.00

Vicki Nebeker election judge 45.00

Harry Nez election judge training session, mileage 59.20

Lucille Nez registration agent training session, mileage 126.34

Ruth Nielson election judge, training session 55.00

Claudia Orr registration agent 60.00

Ann Palmer election judge, training session 55.00

Mabel June Palmer election judge, training session 55.00

Terri Palmer election judge, training session 55.00

Primrose Phillips election training session, mileage 13.78

Karen Porter registration agent, election judge 105.00

Loretta Posey election jusge 45.00

A. LaRaine Redd election judge, delivery of returns 47.00

Donna H. Redd election judge 45.00

Fannie Redhouse election judge, training session, mileage 61.56

Joi Redshaw registration agent 60.00

Loriann Renfro election judge 45.00

Bonnie Rice registration agent 60.00

Rachel M. Richardson election judge 45.00

Katherine B. Rock election judge, training session, mileage 60.46

Marion Salazar election judge, training session, mileage 64.66

Ernest Sampson election judge 45.00

Roy L. Sampson election judge 45.00

Francis Shorty election judge 45.00

Kathryn Shumway election judge, training session 55.00

Shirley Shumway election judge, training session 55.00

Marilyn S. Smith election judge, training session, mileage 55.84

Darlene Somerville election judge 13.00

Vernetta Sonderegger election judge, training session 55.00

Marietta Stevens election judge, training session 57.10

Lorraine Tangren election judge 45.00

Cynthia Tapaha election judge 45.00

Priscilla Topaha election judge, training session, mileage 88.60

Laverne Tate election judge 45.00

Everritt Thomas election judge 45.00

Lillian J. Thomas election judge, delivering returns 47.00

Roxane Todachene election judge, training session, mileage 57.94

Vivian Todachinnie registration agent 61.05

Daisy Todechene election judge, training session, mileage 76.00

Doris Tsinnijinnie election judge 45.00

Nancy Tso election interpreter 45.00

Pauline Tsosie election judge 45.00

Twamco Trailer Co. parts road department 707.82

Illene P. Walker election judge, training session 55.00

Arlene Whitehorse election judge, training session, mileage 58.36

Deanna Wight election judge, training session 55.00

Rena Woody election judge 45.00

Betty S. Yazzie registration agent 60.00

Mary Jane Yazzie election judge 45.00

Abajo Electric supplies courthouse 298.35

Anderson and Anderson reservation tax litigation 3,231.70

Baker Sanitation service road department 51.00

Bob Barker Company, Inc. supplies sheriffs department 121.49

Nicky Black hauling road department 201.00

Black Oil Company fuel road department 224.54

Blanding City of chlorine season recreation 1,176.00

Blue Mountain Foods supplies senior citizens 11.77

Bluff Water & Sewer Users Assn utilities Bluff Building 17.63

Caun-Co., Incorporated supplies road department 1,272.90

M.V. Christensen hauling road department 1,694.00

Continental Tel. Co. of the West telephone charges sheriffs department 334.71

H F Cosby Jr. hauling road department 3,291.75

L.N. Curtis and Sons supplies emergency service 201.41

Direct Safety Company supplies emergency service 78.56

Sam Goodman photo lab work historical society 88.00

Heckett-Div. of Harsco chips road department 129.64

Holliday Construction Company hauling road department 2,117.50

Industrial Supply Company, Inc. parts, supplies road department 119.89

Kar Products Incorporated parts road department 231.89

Kents Foods supplies senior citizens 326.20

L B P Trucking hauling road department 603.00

Monticello Mercantile scissors sheriffs department 27.43

Jack L. Mortensen travel Salt Lake City 39.00

Motorola Incorporated microwave system public safety bldg. 25,405.00

Motor Parts Company supplies department of aging 4.77

Nuclear Testing Services film badge service 59.40

Palmer's supplies communications 368.04

Pepsi-Cola Company supplies vending machine 27.15

San Juan County gas surveyors 173.55

San Juan County Extension Office . petty cash extension office 15.89

San Juan County Hospital health insurance, balance on employees 593.68

San Juan Health Care Services base radios for hospital 2,670.00

Shilo Inn-Salt Lake City travel fire control 35.00

Dayne Shumway Construction hauling road department 1,828.75

Southern Paving Company crushing & loading gravel 59,089.25

Steiner Corporation supplies courthouse 132.94

United States Welding, Inc. cylrnt road department 185.65

Utah Local Government Insurance Trust liability coverage 1,496.00

Utah Power & Light Company utilities Bluff jail 16.65

Utah State Information Systems job processing sheriff 308.29

Xerox Corporation maintenance change circuit 60.00

Adjourn - There being no further business the meeting adjourned at 2:45 P.M.

Calvin Black, Chairman Merna C. Johnson, Deputy Clerk

ELECTION RESULTS FOR SAN JUAN COUNTY General Election Noverber 8, 1988

Voting Precincts At

1 2 3 4 5 6 7 8 91011121314151617183920 Total Om

Precinct #2 ^ ,

Preston Nielson 4 32 242 163 442 1

Precinct #3 18 144 3 193 7 369 4

Gail A. Glover 23 66 15 90 12 206

Precinct #5 ^

Neal Crank 1 92 1S8 25 306

George Etsitty 12 935 29

JohnStash 75 17 8 2 102

Janes Atakai 2 11 24 5 42

PROPOSITIONS

#1 Bail Amendment

For 104106143128152B]57226274202561649429a2552082205 2466 4

Against 73 83 91 4 24 17 4 42 70 77 55 89 154 63 6 58 57 54 70 15 1109 3

#2 Misc. Amendments

For 82 77 116 3 49 26 9 94 145 181 132 46 130 90 15 65 170 137 153 4 1734 10

Against 85 100 77 6 45 35 6 91 128 146 HI 92,155 60 16 51 115 106 116 17 1564 6

INITIATIVES

A) Tax Spnrding Limit

For 76 47 95 6 54 25 11 63 80 31 85 33 105 81 15 47 111 85 68 1 1177 8

Against 101 148 143 6 51 44 7 141 223 279 174 110 214 73 21 69 206 182 2Z7 20 2448 9

B) Tax Reduction

For 85 57 109 ^ 44 22 11 62 95 93 80 41 112 90 14 56 107 76 66 5 1240 5

Against 95136127 26148 714220826817910620061215521019123217 237812

C) School Tax Credit _

For 864910533722240566052341288711607957466 1024 4

Against 91 149 135 11 68 46 14 163 239 295 203 112 186 64 24 54 237 211 249 16 2580 13

San Juan Health Servios District

Yes 114 124 169 8 55 26 10 103 159 197 145 69 137 110 22 87 167 156 172 11 2100 9

No 6454492503898912714210870994212251339810810 1336 7

Total Registered Voters 343 432 471 19 144 101 47 312 444 561 407 281 603 227 81 273 450 383 390 81 6050 Number of Ballets Gst 201 257 298 17 111 72 21 214 326 381 267 159 371 175 37 174 328 283 3E5 33 4030 oent Voting 59 59 63 89 77 71 45 69 73 68 66 57 62 77 46 64 73 74 78 41 £7

Precinct # Precinct

Bluff 11 South West Blanding

Montezuma Creek 12 Mexican Hat I, Gail D. Johnson, certify

Aneth 13 Ojato thatt the above is a true and correct

Ucolo 15 Halls Crossing transcript of the election.on returns

LaSal 16 Red Mesa for the November 8, 1988, General

Spanish Valley Election

South Montioello 19 Central Monticello November/ 1988.

North West Blanding 20 Write Mesa

Gail D. Johnson, San Juan Co. Clerk-Auditor

2

ELECTION RESULTS FOR SAN JUAN COUNIY General Election Ncvember 8, 1988