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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD
APRIL 23, 1984
The San Juan County Commission met in regular session on Monday, April 23, 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 previous meeting were approved on the motion of Commissioner Low. The motion was seconded by Commissioner Bailey and carried unanimoulsy.
COUNTY RECORDER MEETS
Mary Lou Mosher, County Recorder, met with the Commission to ask if they would have any objections
to one of her employees working four - ten hour days per week instead of five - eight hour days.
The Commission stated that they have no objections and that it is entirely up to the department heads.
SEU-CAP MEETING REPORTED ON
Al Haskins met with the Commission to report on the SEU-CAP Board meeting he attended last week. Mr. Haskins reported that a motion was passed to reject a contract with the State for administration ser-vices for the weatherization program in Southeastern Utah. This contract has been picked up by SEU-ALG.
COUNTY EMPLOYEES INSURANCE DISCUSSED
Representatives from the following companies met with the Commission to present a proposal for insurance coverage for County employees for the year 1984 - 1985.
Monty Egget - Utah Local Governments Trust Insurance John Black - Equitable Life Insurance
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A written proposal was submitted by Al Price of Blue Cross/Blue Shield.
John Fellmeth, Chief Deputy Auditor, met with the Commission to review the various proposals submitted.
The Commission authorized Mr. Fellmeth to negotiate on the administrative services.
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION DISCUSSED
Al Haskins met with the Commission to review the request for a $30,000.00 Community Development Block Grant for the remodeling of the basement at the Monticello Library to be used for Monticello Senior Citizens. Commissioner Low made a motion to approve the application and to authorize Commissioner Black to sign it. The motion was seconded by Commissioner Bailey and carried unanimously. The request is a secondary proposal in case the City of Monticello does not get their block grant request.
PUBLIC HEARING RE: COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST
A public hearing was held at 2:00 p.m. on the Community Development Block Grant request for the Monticello Senior Citizen Center.
COMPUTER MAINTENANCE DISCUSSED
John Fellmeth, Chief Deputy Auditor/Data Processing Manager, met with the Commission to review several alternatives for computer maintenance. The Commission authorized Mr. Fellmeth to secure a maintenance contract for one year on the hospital computer. All other equipment will be on a time and material basis.
HEALTH CARE SERVICES DISCUSSED
John Fellmeth, Chief Deputy Auditor, met with the Commission to report on the progress of the Health Care Services audit. Mr. Fellmeth reported that the Physicians Group is operating at slightly under a break even point. The Commission requested a copy of the report and a monthly operating statement from each physician since July 1983 to present.
PUBLIC DEFENDERS CONTRACT DISCUSSED
Bruce K. Halliday, County Attorney, and Eric P. Swenson met with the Commission to discuss the public defenders contract. The Commission requested Mr. Swenson continue to submit an accounting of his time for several months before a decision is made on a new contract.
INDIGENT ATTORNEY APPOINTMENT DISCUSSED
The Commission instructed the County Attorney to draft a letter to Judge Crist in regards to the appointment of an attorney for indigents.
SALE OF HEALTH CARE SERVICE BONDS DISCUSSED
Terry Rock and John Singer from First Security Bank met with the Commission to discuss the official statement in regards to the bonds. A discussion of the best method of selling the bonds was held. Several options were reviewed and the Commission decided to sell the bonds by competitive bid. The public sale will be held on May 15th. The Commission will hold a special meeting on that date at 2:00 p.m.
EMPIRE ELECTRIC REPRESENTATIVES MEET
Cliff Fossum, Jack Young and Neal Stephens representing Empire Electric met with the Commission to re-view several possible solutions to the right-of-way problems in regards to electric poles and lines on County property. Empire Electric requested a blanket easement from the County for all existing poles and lines in exchange for paying 50% of the cost of moving the pole and line at the Golf Course. The Commission stated that they would only grant an easement with the condition that if the pole or line needs to be moved at a future date Empire Electric would do it at their own expense. The proposal was declined by Empire Electric. The followng proposals were suggested by the Commission:
1. The County to pay 50% of the expense of moving the pole and line at the Golf Course and grant Empire Electric a blanket easement within the City limits with the requirement that any pole or line that needs to be moved in the future will be done at Empire Electric's expense.
2. Empire Electric pay the full cost of moving the pole and line at the Golf Course and the County will issue a County wide blanket easement with the requirements that any pole or line that needs to be moved in the future will be done at Empire Electric's expense.
Empire Electric rejected the proposals.
Commissioner Bailey made a motion for the County to pay the expense of having the pole and line moved and trying to negotiate an agreement with Empire Electric at a later date. The motion was seconded by Commissioner Low and carried unanimously. If the County reaches an agreement with Empire Electric at a later time then they will reimburse the County for part of the cost of moving the pole and line. Also present was Lyle Anderson representing the City of Monticello.
PROJECT BOLD DISCUSSED
Commissioner Black drafted a letter to Ralph Miles in response to his letter of March 28th in regards to the indemnity selection of land in San Juan County. A copy of the letter will be sent to the Congressional Delegation. Commissioner Black also drafted a letter to Mr. Miles in regards to the gravel areas around Blanding and how Project Bold will affect them. A letter was also drafted to the B.L.M. opposing these areas being included in the Project Bold proposal.
U.N.D.C. REPRESENTATIVE MEETS RE: COMMISSIONER DISTRICTING
Worthy Glover from U.N.D.C. met with the Commission to review the following resolution passed by the U.N.D.C. Board of Directors on April 17th.
RESOLUTION
OF THE
UTAH NAVAJO DEVELOPMENT COUNCIL BOARDS OF DIRECTORS
WHEREAS:
(1) The Federal Voting Rights Act requires redistricting plans to have low deviations, contiguous districts and minority voters who are not divided so as to ensure the defeat of their candidates (non-
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dilution of minority voters); and
(2) The San Juan County Board of Commissioners has prepared two (2) redistricting plans for consideration at public hearings being held throughout the County; and
(3) County Plan #1 has a deviation of 53.6% between the largest and smallest districts, and thus is in violation of the Federal Voting Rights Act and the U.S. Constitution; and
(4) The County Alternative Plan is also in violation of the Federal Voting Rights Act because District #1 in this plan contains three (3) precincts which are not adjacent to the other precincts in District 1; and
(5) An Redistricting Plan adopted by the County must be approved by the U.S. Department of Justice.
NOW THEREFORE BE IT RESOLVED:
(1) The UNDC Board of Directors calls upon the San Juan County Board of Commissioners to act in good faith and withdraw the two (2) County Redistricting Plans submitted for public review because neither of these plans will pass the scrutiny of the U.S. Department of Justice and the Federal Courts; and
(2) The UNDC Board of Directors recommends the attached Exhibits A, B and C as legally viable alternative redistricting plans which people throughout the County should review and discuss at the public hearings; and
(3) The UNDC Board of Directors directs the staff of UNDC to continue working with the Navajo Tribe's legal and statistical staff members, in order to closely monitor the County's compliance with the Federal Voting Rights Act in the redistricting situation; and
(4) The UNDC Board of Directors expresses its appreciation to the Navajo Tribal Council for supporting the effort to redistrict the Board of Commissioners of San Juan County, Utah.
(5) The UNDC Board of Directors calls upon the Utah Navajo Tribal Chapters to review the redistrict" ing plans attached here and to present their recommendations in the form of Chapter resolutions sent to the San Juan County Board of Commissioners, the Utah Navajo Development Council and the Navajo Tribe's Department of Justice.
CERTIFICATION
I hereby certify that the foregoing Resolution was duly considered by the UNDC Board of Directors at a dully called meeting at which a quorum was present and that the same was approved by a vote of 7 in favor and 0 opposed on this 17th day of April, 1984.
/s/ Willie Greyeyes____________________________
Willie Greyeyes, Board Chairman
CD-41-83
Class "CM Resolution No BIA Action Required.
RESOLUTION OF THE NAVAJO TRIBAL COUNCIL
Endorsing the Efforts of the United States Department
of Justice to Redistrict the County Commissioner Districts
of San Juan County, Utah
WHEREAS:
1. The Utah Navajo Reservation population is 39% of the total population of San Juan County, Utah; and
2. An additional 1,060 Navajos reside in the off-Reservation area of San Juan County, Utah, making the total Navajo population 46% of the total County population; an
3. The County Commissioners of San Juan County are elected on an at-large basis, and this practice has prevented the election of a Navajo to the County Commission to represent the interests of the Navajo people in the County; and
4. The redistricting of various County legislative bodies in Arizona and New Mexico has resulted in many benefits to the Navajo people who reside in these Counties; and
5. The U.S. Department of Justice has filed a complaint against San Juan County Utah in the Utah Federal District Court, charging the County with denying its Navajo citizens the rights guaranteed them by the United States Constitution and the Federal Voting Rights Act.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Navajo Tribal Council fully endorses the efforts of the United States Department of Justice to redistrict the County Commissioner districts of San Juan County Utah and to make County election information available in both the Navajo and English languages.
2. The Navajo Tribal Council also calls upon the incumbent Commissioners of San Juan County Utah to voluntarily comply with the Federal Votings Act, thereby guaranteering the civil rights of 46% of the County's population, in time for the 1984 County election.
3. The Navajo Tribal Council directs the efforts of Tribal staff members to assist the United States Department of Justice in establishing the full civil rights of the Navajo people in San Juan County Utah.
Also reviewed was the U.N.D.C. proposal for districting boundaries. The Commission reported that they would be glad to use the U.N.D.C. proposals in their presentation and encourage alternate plans be submitted by anyone. The Commission does not think they should drop their own proposals as the resolution suggests but feel as many proposals as possible should be studied.
RETIREMENT BENEFITS DISCUSSED
Kenneth Reber from MONY Co. met with the Commission to present a proposal in regards to elected officials who may want to withdraw from the State Retirement Program.
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BID ACCEPTED FOR NURSING HOME EXPANSION
Commissioner Low reported that the Health Care Services Board recommends Hurst Construction be awarded the bid for the Nursing Home expansion. Commissioner Low made a motion for the bid to be awarded to Hurst Construction Company. The motion was seconded by Commissioner Bailey and carried unanimously.
STATE TAX COMMISSION HEARING DISCUSSED
Bruce K. Halliday, County Attorney, and Barbara Montella, County Assessor, met with the Commission to discuss the information that will be presented at the formal hearing with the State Tax Commission on April 24th.
SENIOR CITIZENS CENTERS DISCUSSED
Commissioner Low reported that at the Aging Council meeting he attended last week the following rules were approved for the Blanding and Monticello multi purpose centers commonly referred to as Senior Citizens Centers.
1. Centers are to be used by responsible adults.
2. Senior citizens are to have priority use for regularly scheduled use of the multi purpose centers and all other uses are to schedule there use through the senior citizen officers of the center.
3. The center will be left in an orderly manner.
4. Any broken or damaged furnishings or equipment must be replaced by the organization or individual responsible for the damage.
5. No drinking of alcoholic beverages or smoking in the centers.
BLUFF TO MONTEZUMA CREEK ROAD DISCUSSED
Commissioner Bailey reported that Creamer & Noble Engineering are doing the preliminary plans for the Montezuma Creek bridge.
CENTRAL UTAH PROJECT MEETINGS REPORTED ON
Commissioner Black reported that there will be a series of public scoping meetings held in regards to the Central Utah Project.
BILLS APPROVED FOR PAYMENT
Aurora Marketing Company Supplies for Television 62.90
Blue Cross-Blue Shield Regular Service 1,248.75
Creamer & Noble Engineers Bluff to Montezuma Creek 24,000.00
Dalton, Gail L. Travel to St. George Mtg. 267.96
Hafer's Incorporated Supplies for Road Dept. 139.15
Hawkins, Stanley M. Travel to Grand Junction 38.00
Highland Equipment Company Repairs for Golf Course 127.00
Horsehead Hardware Supplies Golf Course 6.89
IAAO Membership for Assessor 65.00
Ideal Beverages, Inc. Soft Drinks for Courthouse 37.50
Low's Home Service Repairs for Clerks Office 22.50
Low, Robert R. Travel for Comm. Bob Low 338.14
Montella, Barbara UAC Convention in St. George 327.30
Montella's Repair Repairs for Road Dept. 91.15
Monticello Mercantile Supplies for Golf Course 3.82
Calvin Mueller Witness Fees/84-CR-020 28.30
Orr's Auto Body & Glass Shop Glass Purchase Road Dept. 92.21
Dennis Salsman Witness Fees 101.00
San Juan County Nursing Home Meals for March 1984 242.00
San Juan County Road Dept. Gasoline for Fire Control 123.99
San Juan Pharmacy Supplies for Clerks Office 1.44
The San Juan Record Supplies for Golf Course 18.82
Stacy Schaeffer Witness Fees 20.60
Sears-Monticello Agency Supplies for Golf Course 48.42
Texaco, Incorporated Gasoline/Al Haskins 661.75
Tire and Auto Center, Inc. Repairs for Road Dept. 12.00
Travelodge (Tri-Arc) Travel for Doug Pehrson 26.00
Utah Dept. of Transportation Bluff to Montezuma Creek 535.52
Utah Power & Light Company Utilities/South Pool 165.92
There being no further business for this day the meeting adjourned at approximately 5:10 P.M.
Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk