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MINUTES OF THE SAN JUAN COUNTY COMMISSIONERS MEETING HELD
JANUARY 9, 1984
The San Juan County Commission met in regular session on Monday, January 9, 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, Chariman
Commissioner Kenneth R. Bailey Commissioner Robert Low
Minutes of the previous meeting were approved with specified corrections on the moiton of Commissioner Low. The motion was seconded by Commissioner Black and carried unanimously.
MONTICELLO AIRPORT OPERATING AGREEMENT DISCUSSED
Mayor Keith Redd, Monticello City Manager: Rick Terry, Bill Christenson and Jack Young of the Monticello City Council met with the Commission to discuss and review the draft of the operating agreement for the San Juan County Airport. The Commission requested the County Attorney make the necessary changes and return the agreement to the Commission for approval.
AL HASKIN'S REPORT
Al Haskins met with the Commission to rpeort on the request for further information about the possibility of retired County employees remaining on the County insurance program. Mr. Haskins reported that Al Price of Blue Cross/Blue Shield doesn't recommend this type of policy. The Commission will review and discuss the matter further.
COMPUTER PROGRAMER DISCUSSED
Commissioner Low reported that the County will propose the following to Kermit Black for compurter program-ming services. The use of approximately 40% of his time to be used jointly between Health Care Services and the County at approximately $15.00 per hour.
ADDITIONAL DEPUTY CLERKS FOR BOND ELECTION AUTHORIZED
The Commission received a written request from the County Clerk which would authorize her to deputize a total of four persons to man registration sites during the period from January 16 through January 27. THis will be necessary because of the bond election on February 7, 1984. Commissioner Black made a motion to authorize Miss Dalton to deputize the necessary people. The motion was seconded by Commissioner Low and carried unanimously.
HEALTH CARE SERVICES REPORTED ON
Commissioner Low reported that the program of providing medical services to Dove Creek, Colorado, by hav-ing a doctor visit there is working out very well.
Commissioner Low reported the costs for the program with Spectrum, Inc. is to high and recommends disbanding from them or not renewing our contract. Spectrum, Inc. provides public relations and advertising services, train EMT's and nurses and provide doctors to staff the Hospital emergency room on weekends.
NOMINATION RECOMMENDATION FOR UAC BOARD
Commissioner Low will nominate Mike Stewart, Salt Lake County Commissioner for Secretary/Treasurer of the UAC Board athe UAC Board meeting next week.
JOHN BAKER'S REPORT
John Baker, District Fire Warden, met with theCommission to discuss fir extinguishers for the computer rooms at the hospital and the courthouse, and for the X-ray room at the hospital. Mr. Baker recommends a non-toxic type of extinguisher which contains halon and will not damage the equipment. Mr. Baker will look into the matter further and research prices.
UAC URBAN AND RURAL COMMITTEE MEETING REPORTED ON
Commissioner Black reported on the Urban and Rural Committee meeting of the UAC he attended last week. The Committee's purpose is to try to resolve conflicts between urban and rural counties with respect to the fair funding formulas. Some Counties feel they do not get enough funding with to their population. Commissioner Black has been asked to represent the rural areas and Commissioner Tom Shimizu the urban areas in connection with the UAC staff to review further information.
COMMISSIONER BLACK'S REPORT
Commissioner Black reported on the meeting he had with Representative Howard Nielson to discuss Natural Gas Deregulation.
PROJECT BOLD DISCUSSED
Commissioner Black reported that when he met with Representative Howard Nielosn Project Bold was discussed.
Commissioner Black also reported that the Board of Directors of the Utah Mining Association received a let-ter from the Governor to Clark Wilson stating the Governor's position on Project Bold with respect to mining claims. The Commission reviewed the Governor's letter and a response to Mr. Wilson drafted by Commissioner Black.
LETTER TO DOE REVIEWED
The Commission reviewed a letter drafted by Commisisoner Black to Jeff Neff of the DOE asking them to deal directly with San Juan County on the Nuclear Repository. The letter states the Commissions complaints against the State offices for not maintaining communications and for not involving San Juan County in the deliberation process.
COMMISSIONER BAILEY'S REPORT
Commissioner Bailey suggested that it become a policy to thank the people who have served on the individual
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boards with a personal letter to each of them. The Commission agreed that this would be a good policy.
Commissioner Bailey also reported that C & C Construction is working with the County Attorney regarding a possible trade of a pump to the County for the outstanding bill they owe the County.
Commissioner Bailey reported that he met with six of the chapter presidents or representatives for them and reviewed the proposal for line item appropriations for the Navajo Mountain to Oljato road. The
Chapters will try to get signed resolutions of support so Commissioner Bailey can give them to Representative Howard Nielson when he visits the Chapteer Offices in Aneth to discuss roads.
BOND RESOLUTION ADOPTED (Resolution 1984-A)
Commissioner Low made a motion to adopt the resolution for the bond election. The motion was seconded by Commissioner Bailey and carried unanimously. The resolution is as follows:
Monticello, Utah January 9, 1984
The Board of County Commissioners of San Juan County, State of Utah, met in regular public session on the 9th day of January, 1984, at the hour of 10:00 o'clock a.m. at the regular meeting place of said board in the County Courthouse, in Monticello, Utah. The meeting was called to order and on roll call the following members were determined present:
Calvin L. Black Chairman
Kenneth R. Bailey Commissioner
Robert R. Low Commissioner Also present:
Carol T. Hoggard Deputy Clerk Absent: None.
After the minutes of the preceding meeting had been read and approved, the County Clerk presented to the board an affidavit evidencing the giving of not less than twenty-four (24) hours public notice of the agenda, date, time and place of the January 9, 1984, meeting of the board in compliance with the require-ments of Section 52-4-6(2), Utah Code Annotated 1953, as amended, by (1) posting written notice of the meeting at the principal office of the board in the County Courthouse, (2) providing notice to at least one newspaper of general circulation within the geographic jurisdiction of Sna Juan County, or to a local media correspondent and (3) providing notice to radio stations KNDN, located in Farmington, New Mexico and to KRTZ, located in Cortez, Colorado. The affidavit was ordered recorded in the minutes of the meeting and is as follows:
STATE OF UTAH )
) COUNTY OF SAN JUAN )
I, the undersigned, the duly qualified and acting Clerk of the Board of County Commissioners of San Juan County, Utah, od hereby certify, according to the records of said board in my official possession, and upon my own knowledge and belief, that in accordance with the requirements of Section 52-4-6(2), Utah Code Annotated 1953, as amended, I gave not less than twenty-four (24) hours public notice of the agenda, date, time and place of the January 9, 1984, public meeting held By the Board of County Commissioners of Sna Juan County, Utah, by:
(a) causing a Notice of Public Meeting to be posted at the principal office of the board at the County Courthouse in Monticello, Utah, on January 5, 1984, at least twenty-four (24) hours before the convening of the meeting, in the form attached hereto as Exhibit A; said Notice of Public Meeting having continuously remained so posted and available for public inspection during regular office hours until the convening of the meeting; and
(b) causing a copy of the Notice of Public Meeting in the form attached herto as Exhibit A to be provided on January 5, 1984, at least twenty-four (24) hours before the convening of the meeting to
The San Juan Record and the Navajo Times, newspapers of general circulation within the geographic jurisdiction of San Juan County, to radio stations KNDN, located in Farmington, New Mexico and KRTZ, located in Cortez, Colorado, and to each local media correspondent, newspaper, radio station, or television station which has requested notification of meetings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have herunto subscribed my official signature and impressed heron the official seal of San Juan County, Utah, this 5th day of January, 1984,
/s/ Gail L. Dalton_________
County Clerk, San Juan County, Utah (seal)
NOTICE AND AGENDA OF MEETING OF THE SAN JUAN COUNTY COMMISSION
SAN JUAN COUNTY COURTHOUSE
MONTICELLO, UTAH COMMISSIONERS ROOM - 10:00 A.M. MONDAY, JANUARY 9, 1984
1. Roll call.
2. Approval of the minutes of the previous meeting.
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3. Al Haskins and John Baker report.
4. Commissioner's report.
5. 12:00 to 1:00 recess for lunch.
6. 1:00 Appointment for the Adoption of Election Resolution for the Health Care Services bond election.
7. 1:30 Appointment with Bruce K. Halliday, County Attorney to discuss the airport operating agreements between San Juan County and the cities of Monticello and Blanding.
8. 2:00 Appointment with Gail Dalton, County Clerk to discuss County pay plan.
9. 3:00 Appointment with Eric Swenson to discuss police service on the reservation.
10. Current Business
Contract for professional computer services.
11. Correspondence
12. OPEN TIME.
EXHIBIT A
After the conduct of other business, the following resolution was introduced in written form by Commissioner Black, was read in full, and after discussion, pursuant to motion made by Commissioner Low and seconded by Commissioner Baily, was adopted by the following vote:
Aye: Calvin L. Black
Kenneth R. Bailey Robert R. Low
Nay: None.
The resolution was thereupon signed by the Chairman of the Board of County Commissioners and at-tested by the CLerk and is as follows:
A RESOLUTION calling an election to be held in San Juan County, Utah, on February 7, 1984, for the purpose of busmitting to the qualified electors of said county the question of incurring debt and issuting bonds to the amount of $1,800,000 for the purpose of paying all or part of the cost of acquiring, constructing, equipping and furnsihing 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, establishing special voting registration sties where bilingual assistance in the English language and the Navajo American Indian language will be available and providing for bilingual assistance throughout each stage of the election process.
WHEREAS in the opinion of the Board of County Commissioners of San Juan County, Utab (the "Board:), it is necessary and desirable that San Juan County, Utah (the "County"), pay all or part of the cost of acquiring, construcitng, equipping and furnishing hospitals, convalescent homes, homes for the aged or indigent, public nursing home buildings and facilities (the "Project"), for the health and benefit of the County and the inhabitants thereof; and
WHEREAS to raise the funds with which to pay,the cost of the Project it will be necessary for the County to issue and sell its general obligation bons to the amount of $1,800,000; and
WHEREAS the interests of the County requiring it, the Board deems it expedient and necessary at this time and for the public good to submit to the qualified electors of the County the question of whether said bonds hsall be issued for the purposes aforesaid; and
WHEREAS the Director of the Census and the Attorney General have determined that San Juan County, Utah, is subject to Section 203(c) of the Voting Rights Act of 1965, as amended by Public Laws 94-73 and 97-205, and in order to comply with said Section 203(c), it is necessary for San Juan County to provide oral minority language assistance in the unwritten Navajo American Indian language at certain polling places at which a need for minority language assistance exists, in order to insure that such language minority group members have an opportunity to cast effective ballots at said special bond election; and
WHEREAS it is the intention of this Board to provided oral minority language assistance in the Navajo American Indian language at all stages of the electoral process with respect to the special bond election called to be held in San Juan County, Utah, on February 7, 1984;
NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of San Juan County, State of Utah, as follows:
SECTION 1. That on the 7th day of February, 1984, there shall be held a special bond election in the County between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m., at which election there shall be sub-mitted to the qualified electors of the County the proposition appearing in the form of ballot set out in Section 7 hereof.
SECTION 2. That pursuant to Section 17-12-2 and Section 11-14-4, Utah Code Annotated 1953, as amended, the Board deems it advisable that said special bond election be held in the consolidated voting districts and at the polling places specified in the form of notice of election set out in Section 6 hereof. Prior to said special bond election, election judges and alternate judges (collectively, "the election officials"), each of whom will be a qualified elector of the County, will be appointed by the Board to conduct the election.
SECTION 3. That at said election the polls shall be opened at the hour of 7:00 o'clock a.m. on February 7, 1984, and shall be clsoed at the: hour of 8:00 o'clock p.m. of said day.
SECTION 4. That such special bond election shall be conducted and registration therefor shall be governed as nearly as may be in conformity with the laws of the State of Utah, including particularly the Utah Minicipal Bond Act, as amended, and the officials of the County and the registration agents for each regular voting district in 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.
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SECTION 5. That the Board of County Commissioners of San Juan County, Utah, hereby finds, determines and declares:
A. That the Navajo American Indian language is an unwritten language within the requirements of Section 203 of the Voting Rights Act of 1965, as amended by Public Laws 94-73 and 97-205, 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 provided that as to unwritten languages only oral minority languages assistance is required; and
B. That the Navajo American Indian language is the most widely used American Indian minority language in San Juan County, Utah; and
C. That oral minority language assistance shall be made available in the Navajo American Indian language at all stages of the electoral process in connection with the special bond election to be held in Sna Juan County on February 7, 1984; and
D. That in connection wiht the February 7, 1984, special bond election, a need exists for oral minority language assistance in the Navajo American language at the voter registration sites established at Monument Valley High School in Monument Valley, Utah and White Horse High School in Montezuma Creek, Utah, in order that members of the Navajo American Indian minority language group who are qualified to become electors of the County will have the opportunity to register. Registration and other information will be available at each of said sites in the Navajo American Indian language, Monday through Friday, 8:30 o'clock a.m. to 5:00 o'clock p.m. during the two-week period immediately preceding the January 27, 1984, registration deadline for the February 7, 1984 special bond election. Such registration sites shall be staffed by one or more deputy county clerks, as hereinafter set forth, who are bilingual in the English language and the Navajo American Indian language.
REGISTRATION SITE DEPUTY COUNTY CLERKS
Monument Valley High School,
in Monument Valley, Utah
Elaine Young_________________
White Horse High School,
in Montezuma Creek, Utah Rebecca Benally______________
Esther Weston________________
Completion of the proper registration forms at such registration sites shall be deemed the equivalent of filing them with the County Clerk's offiec for all registration purposes including the 5:00 o'clock p.m. deadline on January 27, 1984, the day that registration closes; and
E. That information explaining the January 27, 1984, registration deadline in connection with the February 7, 1984, special bond election, and the establishment of the voter registration sites at Monument Valley High School in Monument Valley, Utah, and White Horse High School in Montezuma Creek, Utah, their specific locations, dates and hours of operation, and the availability of bilingual assistance at such sites in the English language and in the Navajo American Indian language, in the form provided in Section 6 hereof as the "Notice of Special Bond Election", during the two-week period preceding the January 27, 1984, registration deadline for the special bond election, shall be:
(1) Published in the English language twice in the Navajo Times; and
(2) Announced in the Navajo American Indian language, either in person or by tape recorded message, at one Navajo tribal chapter meeting of each chapter having members residing in San Juan County, Utah.
The same information, in the form attached hereto as Exhibit B, shall be announced in the Navajo American Indian language at the polling places established at Navajo Mountain Chapter House, Oljato Chapter House, San Juan Trading Post (Mexican Hat), Bluff Community Center, Montezuma Creek Elementary School, Red Mesa Chapter House, and Aneth Chapter House, and San Juan County Library (Blanding) in order that members of the Navajo Amercian Indian language minority group who are qualified electors of the County will have the opportunity to cast effective ballots; and
G. That the County Clerk shall arrange for oral minority language assistance in the Navajo American Indian language to be made available upon request Mondays through Fridays commencing on January 12, 1983, at her office in the County Courthouse, between the hours of 8:30 o'clock a.m. and 5:00 o'clock p.m., prior to the special bond election. On February 7, 1984, oral minority language shall be provided at those polling places designated in subsection (F) of this Section, where it has been determined that a need exists for oral minority language assistance in such minority language. A minimum of two bilingual interpreters and one bilingual election official shall serve at the polling place of each voting district that is situated in whole or in part, in that portion of the Navajo Indian Reservation which is located in San Juan County, Utah. One bilingual interpretere shall serve in each voting district not situated in whole or in part on the said Navajo Indian Reservation in which five percent (5%) or more of the population is of the Navajo American Indian language minority group. In addition, one alternate bilingual interpreter shall be appointed by the Board to be on notice to serve at the polling place of each such voting district situated in whole or in part on said Navajo Indian Reservation or in which five percent (5%) or more of the population is of the Navajo American Indian language minority group. A bilingual interpreter may not also serve as an election judge or other election official. Said bilingual interpreters shall assist voters who indicate a need for assistance in the Navajo American Indian language as required or permitted by the laws of the United Staes and of the State of Utah. Prior to the special bond election, the Board will appoint qualified persons to act as election officials, interpreters and alternate interpreters for the purpose of rendering oral minority language assistance at said specail bond election.
In addition to the foregoing, any person seeking to vote at a polling place at which such oral minority language assistance has not been provided but who speaks the Navajo American Indian language may request such assistance from an election official, in which event the County Clerk shall arrange for such assistances to be rendered to such qualified elector in such manner as the County Clerk shall deem necessary for the purpose of providing effective assistance; and
H. That the County Clerk shall provide to the appropriate election officials on the day of the special bond election, February 7, 1984, for each of the regular voting districts 1,2,3 and 16, a master list of voters registered in each of the regular voting districts 1, 2, 3 and 16. Copies of each such master list shall be provided at each off the above designated regular voting districts for the purpose of allowing bilingual interpreters to assist Navajo American Indidan language minority group voters locate their polling places; and
I. That during the two-week period immediately preceding the February 7, 1984, special bond election, inf6rmation concerning said election shall be:
(1) Announced in the Navajo American Indidna language three (3) times each week on radio stations KNDN, located in Farmington, New Mexico and KRTZ, located in Cortez, Colorado;
(2) Published in the English language once each week in the Navajo Times; and
(3) Announced in the Navajo American Indidna language, either in person or by tape recorded message, at one Navajo tribal chapter meeting of each chapter having members residing in San Juan County,
Utah;
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Any such information other than that contained in the "Notice of Special Bond Election" set forth in Section 6 hereof shall be in the form attached herto as Exhibit C; and
J. That the County Clerk shall keep and maintain accurate records detailing compliance with the provisions of this Section 5; and,
K. That the County Clerk shall employ and rely on individuals who are capable of providing effective, accurate and unbiased translations whenever information specified in this Section 5 is to be provided or made available in the Navajo American Indian language; and
L. That all reasonable steps to secure the appointment of deputy county clerks, poll officials, interpreters and alternate interpreters shall be taken including, when necessary, on-site recruitment efforts at Navajo Chapter meetings; announcements, in the English language or in the Navajo American Indian language, on radio stations KNDN, located in Farmington, New Mexico or KRTZ, located in Cortez, Colorado; and written requests for assistance sent to the Utah Navajo Development Council, the Navajo Tribe's Board of Election Supervisors in Window Rock, San Juan County, Utha and the San Juan County School District , San Juan County, Utah.
SECTION 6. That notice of such election shall be published once each week during at least three (3) consecutive weeks, the first publication to be not less than twentyone (21) nor more than thirty-five (35) days before the election in The San Juan Record is hereby designated prusuant to Section 11-14-21 of the Utah Code Annotated 1953, as amended, as the "official newspaper" of the County for purposes of publication of the "Notice of Special Bond Election" hereinafter set forth and for purposes of any other notices to be published in accordance with the Utah Municipal Bond Act, as amended. Notice of such election shall also be announced on radio stations KNDN, located in Farmington, New Mexico and KRTZ, located in Cortez, Colorado, and announced in the Navajo American Indian language at one Navajo tribal chapter meeting of each chapter having members residing in the County, all as provided in subsection I of Section 5 hereof. Such notice and announcement shall be in substantially the following form:
NOTICE OF SPECIAL BOND ELECTION
TO ALL QUALIFIED ELECTORS OF SAN JUAN COUNTY, UTAH
TAKE NOTICE that on the 7th day of February, 1984, a special bond election will be held in San Juan County, Utah, at the places set out below, at which time the following proposition will be submitted to the qualified electors of San Juan County:
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 ot the authorization and issuance of such bonds, in and for said county?
Said special bond election shall be held in the following consolidated voting districts of San Juan County established for said election by the Board of County Commissioners at the following polling places withing said districts. Electors are advised to vote at the polling place for the consolidated election district in which they reside. Election officials will be appointed prior to such special bond election by the Board to serve at each of the following polling places:
Consolidated Regular County
Voting District Voting Districts Polling Place
No. 1__________ No. 1 - Bluff_______________________ Bluff Community Center______
No. 2__________ No. 2 - Montezuma Creek_____________ Montezuma Creek Elementary School
No. 3__________ No. 3 - Aneth_______________________ Aneth Chapter House__________
No. 4__________ No. 4 - Cedar Point_____________ Cedar Pt. Recreation Bldg.
No. 5__________ No. 5 - Ucolo______________________ Eastland School House_________
No. 6__________ No. 6 - LaSal_______________________ LaSal School House____________
No. 7__________ No. 7 - Spanish Valley______________ Jim R. Guire Residence - Sunny Acres
No. 8, 9, 19, North Monticello, South No. 8__________ Monticello, Central Monticello Monticello City Office_________
No. 10, 18, Northwest Blanding, No. 9__________ Northeast Blanding__________________ Blanding City Office___________
No. 11, 17, Southwest Blanding, No. 10________ Southeast Blanding__________________County Library________________
No. 11________ No. 12 - Mexican Hat________________ Mexican Hat Trading Post________
No. 12________ No. 13 - Oljato______________________ Oljeto Chapter House_____________
No. 13________ No. 14 - Navajo Mountain ________ Navajo Mountain Chapter House
No. 14________ No. 15 - Halls Crossing______________ Halls Crossing Bunkhouse_______
No. 15________ No. 16 - Red Mesa____________________ Red Mesa Chapter House_________
The voting at such special bond election shall be by ballot, which ballots will be furnished by the County Clerk of San Juan County to the judges of election, to be by them furnished to the qualified voters.
The polls at each polling place will be open from 7:00 o'clock a.m. to 8:00 o'clock p.m.
In accordance withthe provisions of Section 203 of the Voting Rights Act of 1965, as amended by Public Laws 94-83 and 97-205, oral minority language assistance in the Navajo American Indian language will be made available at all stages of the electoral process with respect to the special bond election.
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Persons who will be qualified electors entitled to vote at said special bond election may arrange for oral minority language assistance Mondays through Fridays commencing January 12, 1984, at the office of the County Clerk in the Courthouse in Monticello, Utah, between the ours of 8:30 o'clock a.m. and 5:00 o'clock p.m. In addidtion, at the following polling places, oral minority language assistance in the Navajo American Indian language will be provided on the date of the election:
POLLING PLACE
Bluff Community Center
Montezuma Creek Elementary School
Aneth Chapter House
County Library (Blanding)
Mexican Hat Trading Post
Oljato Chapter House
Navajo Mountain Chapter House
Red Mesa Chapter House
Oral minority language assistance in the Navajo American Indian language will also be made available upon request to an election official at all other polling places at which such special bond election will be conducted.
There shall be no special registration of voters for the special bond election and the officail register last made or revised will contitute the register for such election; provided, however, that the County Clerk of San Juan County will register as provided by law at her office during regular office hours, except Saturdays, Sundays, and holidays, and except during the ten-day period preceding the bond election, any person eighteen years of age or older who on the day of the election will be a qualified elector; and provided further, that for the two-week period immediately preceding the January 27, 1984 registration deadline for said special bond election, deputy county clerks who are bilingual in the English and the Navajo American Indian language and who will provide bilingual assistance will register any person eighteen years of age or older who on the day of the election will be a qualified elector, at voter registration sites to be established at Monument Valley High School in Monument Valley, Utah and White Horse High School in Montezuma Creek, Utah, which sites shall be open Monday through Friday, 8:30 o'clock a.m. to 5:00 o'clock p.m. The County Clerk will make available or will cause the registration agents to make available at each of the above described polling places a registration list or copy thereof listing all registered electors entitled to use such polling place.
Absentee ballots may be obtained by any person otherwise eligible to vote at the special bond election but who, on the day of the election, expects to be temporarily absent from San Juan County, or disabled, by making application in the manner, and within the time provided by law, either in person or by mail, at the office of the County Clerk, County Courthouse, Monticello, Utah 84535.
PUBLIC NOTICE is further given that on February 14, 1984, that being a day not later than ten days after said special bond election, the Board of County Commissioners will meet at its regular meeting place in the County Courthouse in Monticello, Utah, at 1:00 o'clock p.m., and will canvass the returns and declare the results of said election.
Given by order of the Board of County Commissioners of San Juan County, Utah, this 9th day of January, 1984.
/s/ Calvin Black_________
Chairman
ATTEST:
/s/ Carol T. Hoggard, Deputy County Clerk
SECTION 7. That the necessary separate ballot boxes for use at hte specail bond election and all other paraphernalia, equipment, supplies and ballots to be used in voting upon the proposition submitted at such special bond election shall be prepared and furnished by the County Clerk to the boards of election The ballots to be used at the specila bond election shall comply in all respects with the requirements of Section 5 of Chapter 7 of Title 20 of the Utah Code Annotated 1953, and Section 10 of Chapter 14 of Title 11 of the Utah Code Annotated 1953, and shall be in substantially the following form:
BALLOT NUMBER _____ JUDGE'S NUMBER ______
OFFICIAL BALLOT SAN JUAN COUNTY, UTAH SPECIAL BOND ELECTION February 7, 1984
(facsimile signature) County Clerk
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,
equiping 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?
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FOR THE ISSUANCE OF BONDS : :
AGAINST THE ISSUANCE OF BONDS
To vote in favor of the bond issue, place a corss (X) in the square after the words "For the issuance of bonds". To vote against the bond issue, place a cross (X) in the square after the words "Against the issuance of bonds".
SECTION 8. That only registered, qualified electors of the County eighteen years of age or older shall be permitted to cast a vote at such election.
SECTION 9. That any person applying for a ballot at any polling place designated for the conduct of such election, whose qualifications to vote are challenged for cause by any one or more of the election officials, or by any other person, at the time the ballot is applied for, shall receive a ballot and be permitted to vote if (1) such person is shown on the registration lists as a registered voter in the County and (2) such perosn takes an oath in the form in which such oath is set forth in Section 10 hereof, sworn to before one of the election officials, that he or she is a qualified elector of the County.
In the case of any such challenge or challenges, the election judges shall keep a list showing the name of each person challenged, the grounds for such challenge, and whether or not such person was permitted to vote. Such lists shall be made in duplicate by the election judges at each polling place and after the polls shall have been closed a duplicate list shall be returned to the Board by the election judges, so that such duplicate list will be available to the Board when it canvasses the election results.
SECTION 10. That the oath referred to in Section 9 hereof shall be in substantially the following form:
ELECTOR'S OATH
STATE OF UTAH )
) COUNTY OF SAN JUAN )
The undersigned, having been first duly sworn upon oath, deposes and says under the pains and penalties of perjury as follows:
That I am a citizen of the United States; that I am 18 years of age or older; that I am now and have been a resident of the State of Utah for not less than thirty (30) days; that I am a resident of San Juan County and of the voting district of San Juan County in which I am offering to vote; that I am a duly registered and qualified voter of and reside withing the confines of San Juan County; and that I have not previously voted at the special bond election being held on this 7th day of February, 1984, San Juan County, Utah.
Signature of Elector
Address of Elector
I, the undersigned Judge of Election, hereby certify that the person whose signature appears above signed the foregoing statement on this 7th date of February, 1984, immediately after I administered to him an oath in the following words:
"You do solemnly swear (or affirm) that you have read the oath to which you are about to subscribe your signature and that the facts recited therein are true and correct, so help you God (or under pains and penalties of perjury)."
Judge of Election
Each of the election officials appointed to conduct said special bond election is expressly authorized to administer such oath in accordance with the provisions of Section 6 of Chapter 14 of Title 11, Utah Code Annotated 1953, as amended.
SECTION 11. That any qualified elector of the County who has complied with the law in regard to registration and who on the day of the special bond election is disabled or temporarily absent from the County may vote at the special bond election by making application in the manner and time provided by law for an absentee ballot, either in person or by mail, at the office of the County Clerk. Absentee ballots must be received at the office of the County Clerk before the closing of the polls on February 7, 1984, or be clearly postmarked on February 6, 1984, and received in the office of the County Clerk before before 12:00 o'clock Noon on February 14, 1984, the day of the official convass following the election, in order to be counted. Whenever possible, valid absentee ballots by the County Clerk shall be delivered or mailed to the appropriate voting district election judges by the County Clerk in order that they may be processed at such voting district on the day of said special bond election. If the County Clerk is unable to determine the voting district to which a valid absentee ballot should be sent, or if valid absentee ballots are received too late for delivery on the day of said special bond election to the election judges, the County Clerk shall retain them in a safe place an shall deliver the absentee ballots to the place of the official canvass following the bond election if such absentee ballots were received at the office of the County Clerk before the closing of the polls on election day or were clearly postmarked on the day preceding election day and received in theoffice of the County Clerk before Noon on the day of the official canvass following the election. The County Clerk is directed to prepare the necessary absentee ballots, applications and envelopes as required by law for voting by absent and disabled electors.
SECTION 12. That immediately after the polls are closed the judges appointed to conduct the election shall proceed to county and canvass the votes and shall promptly thereafter certify the results to the Board. The Board shall meet as a Board of Canvassers within ten (10) days after the date of said election to wit: On Tuesday, the 14th day of February, 1984, at the hour of 1:00 o'clock p.m., at its regular
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meeting place in the County Courthouse in Monticello, Utah, and if the majority of the votes cast at such election are in favor of such proposition submitted, then the Board shall cause an entry of that fact to be made upon its minutes, and thereupon the Board shall be authorized to issue such bonds.
SECTION 13. That the County Clerk shall, in accordance with the provisions of Section 11-14-7, Utah Code Annotated 1953, register at her office during regular office hours, except Saturdays, Sundays and holidays and except during the ten-day period immediately preceding the special bond election, in the same manner as provided by law for registration by registration agents, any person who on the day of the special bond election will be a qualified elector. In addition, the County Clerk shall establish voter registration sites as provided in Section 5 (D) hereof, which shall be staffed by one or more deputy county clerks. Completiong of the proper registration forms at such registration sites shall be deemed the equivalent of filing them with the County Clerk's office for all registration purposes. The County Clerk shall also make available, or cause the registration agents therein to maek available, at each polling place herein established for the conduct of said election, registration lists, or copies thereof, listing all registered electors entitled to use such voting place.
SECTION 14. That if any one or more articles, sections, paragraphs or provisions of this resolution or the application thereof to any person or circumstance is held to be invlaid by final decision in any court of competent jurisdiction, such invalidity shall not affect the other articles, sections, paragraphs and provisions of this resolution which can be given effect without the article, section, paragraph or provision so held to be invlaid or the appliication of which is held to be invlaid and shall not affect the application of such article, section, paragraph or provision to other persons or circumstances and to this end, the articles, sections, paragraphs and provisions of this resolution are declared to be severable.
SECTION 15. That immediately after its adoption this resolution shall be signed by the Chairman and County Clerk, shall be recorded in a book kept for that purpose and shall take immediate effect.
Passed and approved January 9, 1984.
/s/ Calvin Black Chairman
Attest:
/s/ Carol T. Hoggard, Deputy County Clerk
(seal)
(Other business not pertinent ot the above appears in the minutes of the meeting.)
/s/ Calvin Black_____
Chairman
Attest:
/s/ Carol T. Hoggard, Deputy County Clerk
(seal)
EXHIBIT B
San Juan County, Utah will be holding a bond election February 7, 1984. Voter registration deadline for this bond election is January 27, 1984. San Juan County, Utah residents who need to register can register at the County Clerk's Office from 8:300 a.m. to 5:00 p.m. at the Courthosue in Monticello, Utah, or can register by mail before the deadline.
Special voter registration sites at the Whitehorse High School at Montezuma Creek and Monument Valley High School in Monument Valley will be open from 8:30 a.m. to 5:00 p.m. during January 16 through January 27, 1984, for county residents wishing to register at these locations.
Bilinqual assistance in English and Navajo will be available at the County Clerk's office and these two registration sites.
EXHIBIT C
The following questions and answers relate to the County Bond election to be held February 7, 1984. Q. 1. Why is an election necessary?
A. Generally the County Government pays for its operation each year out of taxes the residents pay on their property for that year. When the County proposes a project that costs more than the revenues raised from taxes the revenues raised from taxes for that year, it must borrow the money and then pay it back out of monies to be raised in future years.
One method of borrowing open to the County is to sell GENERAL OBLIGATION BONDS. But, your elected officials, before selling any such bonds must ask the electors of San Juan County, if the bonds should be sold to raise (or borrow) the money for the PURPOSE PROPOSED. The bond election to be held February 7, 1984, is therefore exxentially your elected officals asking you, the electors, whether bonds should be sold to raise monies for the purpose or use as outlined in 3 below.
Q. 2. What is a GENERAL OBLIGATION BOND of San Juan County, Utah?
A. It is a Document of indebtedness of San Juan County, payable out of revenues raised from taxes on all tangible property located in San Juan County, Utah.
Q. 3. PROPOSED PURPOSE; What would the money be used for?
A. This money would be used to acquire, construct, equip and furnish helath care facilities
owned and operated by San Juan County. The major project consists of increasing the size of
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the Nursing Home in Blanding from its present 31 bed capacity to an 81 bed capacity. Additionally, equiptment for the hospital located in Monticello would be purchased, and some of the money would also be used to pay for engineering, legal, and fiscal costs incurred in authorizing or issuing the bonds.
Q. 4. How will the money be repaid?
A. The money raised by selling the bonds would be paid back out of Revenues raised by San Juan County in furture years from all sources including all general property taxes for the next twenty years or less.
STATE OF UTAH )
) COUNTY OF SAN JUAN )
I, Gail L. Dalton, the duly qualified and acting County Clerk of the Board of County Commissioners of San Juan County, Utha, do hereby certify, according to the records of said board in my official possession, that the above and froegoing is a true and correct ocpy of an extract of the minutes of a regular public meeting of the Board of County Commissioners of San Juan County, Utah, held on January 9, 1984, including a resolution adopted at said meeting, insofar as said minutes pertain to the matters therein set out.
IN WITNESS WHEREOF, I have hereunto subscribed my official signature and impressed hereon the seal of San Juan County, Utah, this llth day of January, 1984.
/s/ Gail L. Dalton County Clerk
(seal)
DM0/852368-b
JUSTICE DEPARTMENT SUIT DISCUSSED
Bruce K. Halliday, County Attorney, met with the Commission and reported a signed Agreed Settlement on the bilingual suit filed agianst San Juan County by the United States Justice Department had been sent for the Court's approval.
POLICE SERVICE ON THE RESERVATION DISCUSSED
Commissioner Bailey reported on a telephone conversation he had with Les Stokes, Architect on January 4, 1984, on the possible renovation of the Montezuma Creek Elementary School for a possible tribal court and temporary holding facility for prisoners. Mr. Stokes reported that the structure is substantially sound though not energy efficient and in the long run the whole building would not be efficient to operate Mr. Stoker also said he would not recommend remodling a small part of the building and then trying to maintain and secure the balance of the building. He also said that to utilize a part of the building and demolish the balance would require more investigation.
Commissioner Bailey reported that he toured the building and feels a section of it could be used for offices, tribal court, detention facility, ad garages for teh ambulance and fire truck. The remainder could be demolished leaving the cement slab for parking and a driveway. The Commission authorized Commissioner Bailey to negotiate with the School Board on the proposals he presented to the Commission.
Commissioner Black feels the destruction of this building is ample evidence of the lack of law enforce-ment in the area.
Eric Swenson met with the Commission to report on theprogress he is having wiht getting the Navajo Tribe interested in this project. Mr. Swenson feels the tribe would go along with this if it is a group project. Mr. Swenson will continue to work on this project and report back to the Commission.
ADOPTION OF UNIFORM BUILDING CODE AND NATIONAL ELECTRIC CODE DISCUSSED
Wayne Ball, County Building Inspector, met with the Commission to discuss the possible adoption of the Uniform Building Code and the National Electric Code. Bruce Halliday, County Attorney, will draft the necessary ordinance and meet with the Commission next week for approval and adoption.
ASSESSOR MEETS
Barbara Montella, County Assessor, met with the Commission to inquire about the wage for part time appraisla assistants. The Commission authorized Mrs. Montella to decide on a proper wage as the County wage plan does not cover this. Mrs. Montella also requested the use of County vehicles for the appraisals. Commissioner Bailey will check into the availability of vehicles fro her. Mrs. Montella also reported the need of two (2) polaroid cameras for the appraisals. The Commission authorized Mrs. Montella to make this purchase.
BLUFF TO MONTEZUMA CREEK ROAD ENGINEERING PROPOSAL ACCEPTED
Doug Pehrson, County Surveyor, met with the Commission to present the engineering proposals for the surfacing of the Bluff to Montezuma Creek Road. They are as follows:
Western Engineers approximately - $ 76,000.00
Creamer and Noble Engineering approximately - $101,000.00
Utah Department of Transportation approximately - $ 50,000.00
Mr. Pehrson recommends UDOT because they were the low bid. Commissioner Bailey made a motion to accept Mr. Pehrson's recommendation. The motion was seconded by Commissioner Low and carried unanimously.
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EXECUTIVE SESSION CONVENED AT 2:00 P.M.
At 2:00 p.m. Commissioner Bailey moved to hold an executive session. The motion was seconded by Commissioner Low. The vote was as follows:
Chairman Black..............Aye
Commissioner Bailey.........Aye
Commissioner Low............Aye
Pursuant to section 52-4-4 Utah Code Annotated, 1953, the Closed meeting was held for the purpose of discussing wiht counsel a pending lawsuit of Jackson vs Walker et al. The public meeting was reconvened at 3:20 p.m.
LETTER OPPOSING SEVERANCE TAX ON OIL PRODUCTION REVIEWED
The Commission reviewed a letter to Representative Hardy Redd and Senator Omar Bunnel expressing our
opposition to the proposal by Governor Matheson to raise thetaxes on the production of oil to cover the biggest tax increase in the history of the State of Utah, drafted by Commissioner Bailey.
EPA ASSISTANCE AGREEMENT/AMENDMENT SIGNED
Commissioner Black signed an EPA Assistance Agreement/Ammendment on the San Juan County Service Area
No. 1. The total allowable amount being $271,965.00 withthe recipient share being 27% and the federal being 75%. The total approved assistance amount being $203,974.00 with the project period being 2/1/81 -10/26/82.
COUNTY WAGE PLAN DISCUSSED
John Fellmeth, Chief Deputy Auditor, met with the Commission to review the revised nine step County
wage scale implementing the approved 5% raise. The Commission requested the plan be made a ten step
pay plan before the A, B, & C longevity steps. The Commisison requested the additional step be one
lower on the pay scale. Commissioner Bailey made a motion to approve a 10 step plus longevity scale.
The motion was seconded by Commissioner Low and carried unanimously.
BILLS APPROVED FOR PAYMENT
Abajo Petroleum, Inc. Fuel purchased 2,069.92
Arnold Machinery Company Parts 739.60
Asa Welders Supply, Inc. Parts and supplies 19.80
John Baker Travel 24.36
Lorretta Ann Begay Witness Fees 14.00
Calvin Black Travel Expenses 640.20
Blanding Home Center Supplies 7.59
Bluff Water & Sewer Users Assn. Utilities 11.40
Canyonlands Communications Parts and Supplies 471.00
Car Care Center Propane 27.55
Carr Printing Company Beer License #431 25.28
Caun-Co. , Incorporated Supplies 436.36
Chevron USA Incorporated Gasoline purchased 187.33
City of Blanding Developmetn Block Grant 3,000.00
City of Monticello Utilities 111.50
Coca-Cola Bottling Co. of Price Soft Drinks 21.00
Computerware Data Prod. Inc. Supplies 742.96
Continental Tel Co of the West Telephone Charges 50.55
L.N. Curtis and Sons Skid Mount Pump 3,250.00
Emery County Communications Supplies 2,713.02
Empire Electric Assoc. Inc. Utilities 1,794.49
Four Corner Solar & Const. Co. Winterizing Pools 80.00
Henderson Wheel & Wharehouse Parts and suppleis 37.36
Himmelberger, John Repairing Extinguishers 15.00
Hogie's Restaurant Meals 437.50
Horsehead Hardware Supplies 18.65
Intermountain Electric Supplies 130.41
Phil Johnson Witness fees 14.00
Roy C. Johnson Weather service report 18.00
Kensley, George Labor hired 12.00
Lyman Automotive Repairs 216.58
Ben Meadows Company Supplies 27.67
Montezuma Machine & Welding Parts 125.00
Motor Parts Pro Mart Home Center Parts 1,052.26
Northern Electric Repairs 338.49
Office Outpost Supplies 76.65
Lane Ogden Witness fees 14.00
Palmer's Supplies 34.97
Parley Redd Foodtown Supplies 122.80
Salt Lake Stamp Company Supplies 31.75
San Juan County Clerk-Auditor Petty Cash 118.72
San Juan County Road Dept. Gasoline purchased 15.20
San Juan County Road Dept. Gasoline purchased 27.75
San Juan Pharmacy Glow Bright Lights 16.31
Saveway Automotive Tires purchased 11,003.37
Scala Electronics Corp. Supplies 77.96
Scenic Aviation Supplies 14.20
Salsh K Bar Supplies for Queen/Fair 90.00
S. Eastern Ut. Dist. Health Dept. County Portion 12,568.13
Utah Gas Service Company Utilities 2.00
Utah Navajo Industries Supplies 6.32
Utah Power & Light Company Utilities 214.50
USU Extension Service Publications Dept. Deposit 200.00
Western Office Products Supplies 83.25
White Mesa Ute Council Meals for Senior Citizens 270.00
Tom Winder Repairs for Lyman Park 300.00
Mike Young Incorporated Switch 24.80
Young's Machine Company Maintenance 3,102.70
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First Security Bank of Utah Federal Income Tax Witholding for Dec. 14,338.79 Utah State Social Security Agency Social Security Contributions for
December 1983 18,041.80
United States Postmaster Postage for postage meter 500.00 Helen Parnsh Senior citizen meals for December 1983
Balance owing on check #M11033 200.00
Utah State Retirement Fund for December 1983 17,226.94
There being no further business for this day the meeting adjourned at approximately 5:15 p.m.
Commissioner Calvin Black, Chairman Carol T. Hoggard, Deputy Clerk