SAN JUAN COUNTY COMMISSION MEETING MINUTES JANUARY 16, 1990 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Chambers at Monticello, Utah. Present:Calvin Black, Chairman Mark Maryboy, Vice Chairman Tyron Lewis, Commissioner Also present was KTVX Channel Four from Salt Lake City. A motion to approve the minutes of the January 8, 1990, meeting as amended was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. CURRENT BUSINESS Commissioner Black stated that Commissioner Maryboy would have to leave early to attend a UNDC Board meeting. Commissioner Black stated that for the past six weeks that Commissioner Maryboy has had a "heyday" with the media where in Commissioner Maryboy has made numerous charges and allegations against San Juan County, the other Commissioners, the State of Utah and the School District. Commissioner Black further stated that he was not aware that these allegations have been made a matter of record in commission meeting. Commissioner Black turned the time over to Commissioner Maryboy to make these allegations a matter of record and make any other report that he has to make. Commissioner Maryboy asked Commissioner Lewis if he was able to contact the Tuba City Agency about meeting with the Commission. Commissioner Lewis stated that he had contacted Kee Becenti and that the Tuba City Agency had their road meeting two weeks ago. Kee Becenti and Don Smith agreed to meet with Engineer Doug Pehrson and Commissioner Lewis in Kayenta, Arizona on January 11, 1990. The meeting was held to discuss the roads that the Tuba City Agency maintains in the Navajo Mountain area. The Tuba City Agency has had problems with some new graders that they had been using and the problems have been taken care of and they are working on these roads. The Tuba City Agency is planning on oiling the road from Inscription House to Navajo Mountain in five stages and expect to complete the project by 1995. Commissioner Lewis suggested that the same road agreement be kept as before with the Tuba City Agency as he and Mr. Pehrson are satisfied with the work that the Agency is doing. Commissioner Maryboy reported that he had attended the Shiprock Agency road meeting on January 10, 1990, in Newcomb, New Mexico. He presented the letter that was prepared and signed at the January 8, 1990 meeting. The Shiprock Agency will make the recommendations to the Navajo Tribal road committee. Commissioner Black requested that the Shiprock Agency send a letter to the Commission confirming these requests. Commissioner Lewis asked Commissioner Maryboy if the $1.5 million that the Navajo Tribe receives from the BIA is targeted for roads or if it could be used for other things like sewer and power. Commissioner Maryboy stated that he thinks that this money is to be specifically to be used for roads. Commissioner Maryboy stated that he is not sure what the question is concerning the media because he feels like he has tried to work within the Commission. He wrote a letter to San Juan County Attorney Craig Halls to explain some of the things about the Commission and claims he never received a reply on his request. He has received information from the Arthur Young report and it was very discouraging to find that there was not an equal distribution of funds regarding the constituents that the County serves. Commissioner Maryboy stated that he was reading the press release that the County has put out and he wanted proof that this is the way the things are done. Commissioner Maryboy felt that it would be useless to argue with the other Commissioners because he did not like confrontation. Commissioner Maryboy had turned this over to the U.S. Justice Department for their findings. Everything that he has said and done will be turned over to the Commission secretary to be recorded. Commissioner Maryboy stated that was all he had to report. Commissioner Lewis stated that he has a problem with the articles in the Desert News and asked Commissioner Maryboy if the article had quoted him correctly on the Southern San Juan County Fair. The article stated that the fair had been turned down without a discussion. Commissioner Lewis stated that they has discussed the fair for at least fifteen minutes and that it was Commissioner Maryboy who made the motion to accept the amount that was budgeted for the fair.Commissioner Black stated that the complaints,charges and allegations that Commissioner Maryboy has made in the past six weeks have neverbeen made a matter of public record in any of the minutes or made a part of any Commission meeting. Some of the things were discussed two weeks ago when the Arthur Young report was on the agenda. Commissioner Maryboy chose not to put anything in the record in regards to this report. Commissioner Black went through this report at this time and pointed out to Commissioner Maryboy that things in the report were in error. An article in the Salt Lake Tribune after this meeting again quoted these figures after they had been rebutted. Commissioner Black further stated that Commissioner Maryboy continues to say he needs proof that these things are not true and when it is given to him he continues to deny the proof. Commissioner Black pointed out the points that Commissioner Maryboy keeps wanting documented are part of the federal law. The statement that the first request in San Juan County's history for funding of services on the reservation was not true. Commissioner Black stated that services on the reservation have been funded for all of the 20 plus years that he has been a Commissioner. The roads from Montezuma Creek to Red Mesa, from Monument Valley to Oljato and many other roads that Commissioner Black had pointed out many other times to Commissioner Maryboy. Commissioner Black said the line items that were requested by Commissioner Maryboy have never been requested by a commissioner and were already covered in the budget. The road that was requested was already covered in the budget as are all county roads and Commissioner Black felt that Commissioner Maryboy wanted that road to be the highest priority without respect to roads in any other part of the county including the reservation. Commissioner Black said that he had been accused by Commissioner Maryboy of being a racist. Commissioner Maryboy stated in a newspaper article that he was taught to hate Whites. Commissioner Black stated that he was taught not to hate anyone and so Commissioner Maryboy has admitted that he is the racist. Commissioner Black further stated that Commissioner Maryboy said that he believed logic and reason was to work but he has never made his requests in a public meeting. He was asked to do this again this morning and it was not done. Commissioner Maryboy had said that it was Commissioner Black that wanted the county divided. In a private conversation Commissioner Maryboy stated to Commissioner Black that he wanted all the money that was produced on the reservation to be specifically spent on the reservation. Commissioner Black told Commissioner Maryboy that the way to have this happen was to divide the county if the Navajo people wanted it. Commissioner Black would support the dividing of the county if that is what the Navajo people want. Commissioner Black is not pushing for the dividing of the county. Commissioner Black refuted that statement by Commissioner Maryboy that the commission was made into districts following a Justice Department order. The County Commission determined to hold the election to see if the voters of San Juan County wanted to district. A suit had been filed by the Justice Department under the Voting Rights Act, but the County had agreed to the election if the voters hadn't wanted the districting the County would have gone to court. The only district that voted against the districting was Navajo Mountain, which is all Navajo. Commissioner Black stated that this should set the record straight on the items that Commissioner Maryboy has been making allegations in the press and calling others names. Commissioner Black added that there is no historic or legal presidence to spend money where it comes from. There is a presidence and it is right to spend money where it is needed. The entire county should be looked at in making those decisions. Commissioner Black said that this is how the Commission has operated in the past and is currently operating. Commissioner Maryboy has helped in doing this, but it was done before he ever became a commissioner. Commissioner Black requested that if there were going to be any disagreements, allegations or charges that it be done in Commission meeting before it is taken to the press. Commissioner Lewis asked Commissioner Maryboy what specific road project had Commissioner Lewis requested to be done that the road department did because of his request that preempted anything anyone else had requested. Commissioner Maryboy stated that last year in July that Commissioner Lewis requested that a road be worked on and that he felt the road must need work so he had supported the request. Commissioner Lewis quoted the newspaper article " the road department jumps to serve me" and wanted to know when the road department had "jumped" to serve him. Commissioner Maryboy said that in a Commission meeting in July when Commissioner Maryboy and Commissioner Lewis were the only ones there that Commissioner Lewis had requested a road be worked on. Commission Lewis explained that because of the geography of the county that road work is done in the northern part of the county in the summer months and as the weather gets colder they move to the southern end of the county. Commissioner Lewis again ask what road they were discussing. Commissioner Maryboy said that they would have to go to the minutes to see where it was and Commissioner Lewis asked that Commissioner Maryboy provide the minutes. Commissioner Maryboy said that each time he has requested a road to be worked on he has been told that it has to justify that it be done. Commissioner Lewis stated that Commissioner Maryboy could not find in the minutes where he had been asked to justify a road request. Commissioner Maryboy that he could prove everything that he was saying by the minutes, unless "you went back and changed it". Commissioner Black and Lewis asked that Commissioner Maryboy document this statement. Commissioner Black stated that all the Commissioner are elected from different areas and that they all have a responsibility to be County Commissioners and look at the entire county not just one part of the County. A press release (included at the end of these minutes) was handed out that documents that the entire county is being served. Commissioner Black said that if the allegations that Commissioner Maryboy is making are really true then he would challenge him to 1) establish a county on the reservation so that the white man cannot take any of the money; it can all stay there. 2) If San Juan County , the State of Utah and the School District are racist because tax revenue has came from the production of oil and gas from the reservation and have been unfair in the spending, then Commissioner Black would asked what would you call the Navajo Tribe? The Navajo Tribe has taken three to four times more money from the Utah portion of the reservation in both royalty and taxes than the State, County and School District combined. Commissioner Maryboy said that he is a commissioner and the primary thing right now is to look at the current situation and look at the numbers and prove to him that they are not true; then the commission can say that they are not racist. Commissioner Maryboy said that concerning the Navajo Tribe he does not represent them. They are a separate government body and he doesn't speak for them and cannot answer this question. Commissioner Black stated that Commissioner Maryboy doesn't speak for the State of Utah or the School District but he is critizing them. "You are only one commissioner out of three and you critize and call the others names ...if what Commissioner Maryboy said is true then the Navajo Tribe is committing a bigger theft and rape of the Navajo people in Utah than anyone else" commented Commissioner Black. Commissioner Black feels that Commissioner Maryboy is inconsistent and that they have been fair and will continue to be fair. Commissioner Maryboy stated that the whole problem has been since the County was created that the responsibility to the Indian people has always been"What is the Navajo Tribe doing?". Commissioner Maryboy said that the county thinks that the Navajos are being taken care of by the Tribe and so they don"t need anything. Commissioner Black stated that this kind of thinking hasn't been around for over twenty years. It use to be that the whole system felt that the Federal Government had the responsibility of providing services. In the mid-fifties it became the responsibility of the State and the County. Commissioner Maryboy said that the records don't show that the County was serving these people. Commissioner Black said that the record shows that the County has been meeting that responsibility. Commissioner Maryboy said that the record shows that you weren't serving those people, only 5% of the budget has been spent on these people. Commissioner Black stated that is not the record, it is only Commissioner Maryboy's opinion and it has been rebutted numerous times and that it is not correct. Commissioner Maryboy stated that he wanted proof that this wasn"t true. Commissioner Black said that Commissioner Maryboy had seen the numbers and it has been reported but he refused to look at them. Commissioner Maryboy said go to Blanding and Monticello and then go to the reservation and look at the living conditions. Commissioner Black said that had nothing to do with county services. There is more money spent per capita on the Indian people in this country than there is on the white people by government and that has not changed. Commissioner Maryboy said that the County is designed to set up service districts and"you have done that to develop water and other things in Blanding and Monticello. Why haven't you done this for the reservation?" Commissioner Black said that the County has not set up Special Service Districts in Blanding and Monticello the cities provide these services. Commissioner Black stated that special services districts can only be set up by the request of the people. Commissioner Maryboy asked Commissioner Black why he hasn't told the people about this since he has been a Commissioner. Commissioner Black asked Commissioner Maryboy why he hadn't told the people about these Special Services Districts when he was told about them. Commissioner Lewis stated that he had been offended by remarks that Commissioner Maryboy has made. He has been accused of doing things he hasn't done and he feels that they are lies. Commissioner Maryboy asked Commissioner Lewis if he was saying that he is lying and Commissioner Lewis stated that is what he said. Commissioner Lewis said that in spite of what has happened he is still a County Commissioner and this problem will in no way bias his opinion as it relates to the reservation. Because he feels he is a County Commissioner for all the people he will continue to serve all the County. Commissioner Maryboy inquired about Commissioner Lewis' plan this week to attend the National Coalition of Federal Indian Treaties and wanted to know if his constituents in Navajo Mountain know that he is attending this meeting. Commissioner Lewis said he was not attending this meeting, that he was going to Salt Lake City to attend two UAC meetings. Travel Policy The County travel and reimbursement policy is for only county purposes and cannot be for other purposes. If reimbursement is received from another entity the County will not reimburse. It is also policy that all correspondence that is done on County letterhead and written by the Commission be made a record in the county. Commissioner Black stated that letters that Commissioner Maryboy has been writing have not been a record in the County. In particular the letter that Commissioner Maryboy wrote to the County Attorney asking him to investigate the County with respect to violation of civil rights. Commissioner Maryboy asked if the Commissioners had the responsibility to share information with the other Commissioners. Commissioner Black stated that when a letter is written copies should be given to the people involved. If a letter is written as a Commissioner on County letterhead and at county expense and postage it should be on file in the Courthouse. If the letter does not deal with County business it should be on private stationary and at private expense and postage. 4-H Recycling Project Home Economist Holly Tatnall discussed with the Commission a recycling project the 4- H has planned. Ms. Tatnall asked if the project could use one end on the fairgrounds for a collection point. The items that they will be collecting are glass bottles, aluminum cans and cardboard boxes. All of the items will be in containers. Ms. Tatnall said she has been trying to contact Rusty Musselman to see if they could use his salvage yard but had been unable to contact him. The Commission gave Ms. Tatnall permission for the 4-H to use the fairgrounds for this project. Scholarship Endowment Trust Fund The Scholarship Endowment Trust Fund that is being established using state PILT money was discussed. The Pilt money is collected from off reservation lands. The School Board passed and signed the Memorandum of Understanding at their meeting on January 15, 1990. The Memorandum will allow the School District to receive and administer the funds and oversee the board of trustees. This scholarship will be for use by San Juan County residents for higher education in San Juan County schools. A motion to approve the signing and acceptance of the agreement was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. Sue Cook Visit Congressional Liaison Sue Cook met with the Commission to discuss any problems that the Commission might need to have the congressional delegations help with. A discussion was held concerning the low-flying military aircraft in the Eastland area. Commissioner Lewis said that he has asked some of the people to do a map of the homes in this area so that it can be determined if there is a corridor where they could fly that would not be over homes. Mrs. Cook asked if she could be sent a copy of this map when it is completed. Mrs. Cook reported that the Wilderness issues are at a standstill. There will be no new legislation introduced this year. All bills already introduced are at a standstill and will probably not be acted on until after the 1990 elections are over. Congressman Howard Nielson is not going to run for re-election. Mrs. Cook told the Commission about a proposal the University of Utah has with the BLM to establish an outdoor amphitheater in the Slickrock Campground area of San Juan County. As soon as Mrs. Cook is aware if this was approved she will let the Commission know. Mrs. Cook informed the Commission that Trough Springs was not funded for 1990. The only appropriation in this area was the Kokopelli Bike Trail and $4.1 million for the Needles District for the Visitors Center. Edge of the Cedars A letter was received from The Edge of the Cedars Park Manager Steve Olsen concerning the problem with space at the museum for the curation of archaeological artifacts. The museum is at the point of refusing to accept requests for annual curation agreements. If this happens all artifacts would probably go to the BLM's Anazasi Heritage Center in Delores, Colorado. Halls Crossing Airport The BLM has about finished the work they are required to do for the Halls Crossing Airport. The final ESA should be out in about May. The Wilderness Alliance is rumored to be filing a litigation against this proposal. Monticello Chief of Police/Kent Adair Monticello Chief of Police Kent Adair met with the Commission to discuss the possibility of the City of Monticello using some on the Sheriff's Department correction officers to help out in their department while they are short handed. The City would be using Category One certified corrections officers. Chief Adair said that he had discussed this with the Sheriff Claude Lacy and that the Sheriff had no problem if it was approved by the Commission. Chief Adair stated that the officers would be used on their day off so that they would not be working excessive hours. The City will sign a waiver so that the Officers will not be liable to the County while working for the City. Chief Adair said that the City Attorney and City Council had given their approval. The Commission stated that they had no problem with this arraignment if it was worked out with the County and City Attorney. Utah Government Trust Insurance Lynn Lund and Dale Mortensen with the Utah Government Trust Insurance discussed with the Commission the $3.5 million lawsuit that has been filed against the county by a Moab couple. This lawsuit has to do with the Drug Task Force the County was involved with. Mr. Mortensen and Mr. Lund will be in the County for a few days to do some investigating on this case. Mr. Lund discussed the way the Trust is handling its legal defense. The Commission was very pleased with the new approach and the success that was reported by Mr. Lund. The Trust has a hotline set up to help employers with their problems concerning warning and firings. They also provide training seminars. Water Conservancy District Norman Nielson of the Water Conservancy District met with the Commission to discuss the cloud seeding project. The cloud seeder have been working for about nine hours. Mr. Neilson presented the agreement for the County's portion of the seeding to Commissioner Lewis for his signature. Mr. Nielson also reported that the precipitation report for the year from October 1988 to October 1989 was eight per cent of normal. Mexican Water Chapter/David Yanito David Yanito of the Mexican Water Chapter presented the Commission with a letter of concern from the Chapter concerning the road work in the Red Mesa Area. The Chapter requested that the white shale from the Mexican Water Chapter not be used in the Red Mesa Area. The Commissioner requested that Mr. Yanito come back to the Commission meeting on January 22 when a representative from the Red Mesa Chapter, the road department and Commissioner Maryboy would be present to discuss this matter. Procurement A request to purchase a computer for the Extension Office was presented. Bids were received from Petra Company for $2010.00 and San Juan Computer for $1,794.45. A motion to approve the bid from San Juan Computer was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. Bids for signs for use in the road department were presented from Echo Sign and barricade for $5,348.20 and Atlas equipment for $4, 312.36. A motion to accept the bid from Atlas Equipment was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. Bids for two 150,000 BTU propane heaters for use in the Blanding Shop were received from Northern Electric for $5,200, Whipple Plumbing for $2,287.98, Petrolane for $2,769.16 and Abajo electric for $2,920.00. A motion to approve the bid from Whipple Plumbing was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. Request to Hire/Senior Citizens A request to hire was presented for the Monticello Senior Citizens Center to fill in for Malva Randsdell. It was recommended that Carol Sallee be hired at Grade 1 Step 1; $5.12 per hour; effective 1-1-90. A motion to approve this hiring was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. Pack Creek Road Administrative Assistant Rick Bailey reported that Road Superintendent Tony Brandt had checked on the Pack Creek road and that the Grand County crews has patched and repaired this road and were working on the Potash Road. Economic Development Commissioner Lewis reported that the Economic Development executive committee will be looking into the signing on Navajo One and will conduct a survey concerning this. UAC Meetings Commissioner Lewis and Administrative Assistant Rick Bailey will be attending UAC meetings in Salt Lake City this week. The UAC will be meeting with the Legislature on Thursday at noon. Commission Travel Policy Commissioner Lewis recommended that the Commission adopt a travel policy for the Commissioners. This will require all travel to be approved before traveling or be ratified at the next meeting. This policy will allow a better record to be kept and also let the other Commissioner know what is going on and help to better co-ordinate the Commission. A motion to approve this travel policy was made by Commissioner Lewis and seconded by Commissioner Black. UNANIMOUS. State Land Board Meeting Commissioner Black reported that he will be attending a State Land Board Meeting in Salt Lake City this week. Southeastern Utah Association of Local Governments Meeting Commissioner Black reported he will attend the Southeastern Utah Association of Local Governments meeting in Price, Utah on January 19, 1990. National BLM Advisory Council Commissioner Black reported that he has been reappointed to the National BLM Advisory Council for another term which will end on December 31, 1992. AFCME Letter A letter was received from the AFCME Union regarding a warning a road employee was given. The employee and Road Superintendent Tony Brandt will come to the Commission meeting on January 22, 1990 to discuss this matter. BILLS APPROVED FOR PAYMENT AmFac Electric Supply Co. supplies $ 21.58 Stephen H. Burtenshaw refund of retirement cont. 563.93 DuBios Chemicals, Inc. supplies Sheriff's dept. 48.98 JM Custom & Industrial Welding service to county 95.16 Methpath Inc. Troy Butler sheriff's dept. 42.50 Nuclear Testing Services radiological monitoring 62.55 Primary Childrens Medical Skidmore patients 715.00 Salem Press, Inc. books library (B) 568.00 Tri-Hurst Consrtuction 20% balance of fire building Bluff 5964.80 U.S. Postmaster bulk mailing purge notices 22.01 Ken Miller trucking haulage 346.50 LBP Trucking haulage 268.00 Nicky Black haulage 603.00 Dayne Shumway Enterprises haulage 385.00 Abajo Electric parts/labor courthouse 129.25 Black Oil Company supplies road dept. 22.42 Blue Mountain Foods supplies aging dept. 75.94 Blue Mountain Music supplies sheriffs dept. 7.47 Emery County Courthouse 4th quarter horn mountian 150.00 Empire Electric Assoc. Inc. utuilities library (M) 322.20 Gall's Inc. supplies EMS 59.99 Great Basin Trucks.Inc. parts road dept. 2893.27 Kents Foods supplies sheriff's dept. 667.80 Magic Chemical Company supplies public safety 477.00 Monticello City justice/Peace s.o. coll 1/12/90 70.00 Monticello City of utilities library (M) 30.50 Monticello Plumbing & Heating labor fair board 105.00 Motor Parts Company supplies sheriff's dept. 2.04 Motor Parts Pro Mart Home Center supplies public safety 307.92 Motor Parts parts road ept. 1096.48 Navajo Times 1 year subscription 18.00 Progressive Management Services main sheriff dept. 1774.00 Quill Corporation supplies sheriff's dept. 352.80 Restaurant & Store Equipment Co. supplies sheriff's dept. 443.88 San Juan County parts fire control 2843.65 Schafer Auto parts road dept. 670.12 Sears-Monticello Agency supplies road dept. 33.69 Seventh District Juvenile Crt Alvida Jean Denetsos 150.00 SYSCO Intermountain Food Ser'v supplies sheriff's dept. 74.42 Time Life Books book library (B) 17.34 Utah Power & Light Company utilities road dept. 92.35 State of Utah Central Stores supplies purchasing 65.96 Utah State Information Systems job proc sheriffs dept. 210.71 Steven E. Warren M.D. G. Wareham 800.00 Wheeler machinery Company parts road dept. 214.11 Mike Young Incorporated parts road dept. 462.44 ADJOURNMENT As there was no further business the meeting adjourned at 2:35 P.M. Calvin Black, Chairman Dena Hunter, Deputy Clerk