SAN JUAN COUNTY COMMISSION MEETING MINUTES June 15, 1992 The regular meeting of the San Juan County Commission was held at 10:15 A.M. in the commission chambers at Monticello, Utah. Present: Ty Lewis, Chairman Mark Maryboy, Vice Chairman Rick Bailey, Administrative Assistant Merna Johnson, Deputy Clerk A motion to approve the minutes of June 8, 1992 was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. CURRENT BUSINESS Aging Department Contracts Aging Director Frank Morrell presented the contract between the Utah State Department of Human Services, San Juan County Commission and San Juan County Area Agency on Aging for renewal. The purpose of the contract is to provide services to senior citizens and dysfunctional adults and to provide homemaker and personal care services to functionally disabled adults in their own home or other non-institutional settings. The State will reimburse the County not more than $178,207.00 for the program. The required county match is $11,999.00. The term of the contract is July 1, 1992 to June 30, 1993. A motion to approve and authorize Chairman Lewis to sign the contract was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Mr. Morrell also presented the local Aging Department contracts with local contractors for services: Southeastern Utah Health District, Four Corners Regional Care Center, Christine Laws, San Juan Hospital, Bessie Spencer and White Mesa Ute Council. The term of these contracts is July 1, 1992 to June 30, 1993. A motion to approve these contracts was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Reassignment of Aging Personnel Aging Director Frank Morrell discussed the various options available for reassigning work responsibilities in the Aging Department. Mr. Morrell has accumulated considerable overtime hours with his various responsibilities and feels that by hiring one or both of the Senior Center Directors on a full time basis that some of the work load can be reassigned to them. This would alleviate much of the overtime. Commissioner Maryboy recommended that a Navajo be trained in a management position when the opportunity arises. After discussing the financial aspects the Commission gave approval to hire Malva Ransdell, the Monticello Senior Center Director, on a full-time basis to assist Mr. Morrell. She will be hired at Grade 3 Step 5, $5.86 per hour effective July 1, 1992. A motion to approve the action was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Aneth Chapter Ball field Request Melvin Capitan reported that the Aneth Chapter has very few recreational facilities and would like to build a baseball diamond. He has talked to Lynn Laws, the Southern Road Foreman, who estimated that for the County to move the amount of earth requested would cost $100,000. That would provide an area large enough for four or five baseball diamonds. Mr. Capitan also indicated that he had talked to Harold Williams, a road department employee. Mr. Williams indicated that he would have the time to do the work if approved by the Commission. Mr. Bailey was asked to contact the County Engineer, Doug Pehrson to have him stake the area for one diamond. The Commission also recommended that Aneth Chapter ask the BIA for additional help with the project. Thomas Billie Request Thomas Billie met with the Commission to make a request for the road department to put gravel on the road to his home. During the rainy seasons of the year the road is almost impassable. He has a gravel pit close to his home that the road department has been using and it was his understanding that when the road department used that gravel that they would also put gravel on the road to his home. The Commission asked Administrative Assistant Rick Bailey to contact County Engineer, Doug Pehrson to see if a verbal agreement had been made to that effect. Billie Yellow Request Billie Yellow from the Monument Valley area, met with the Commission to ask for help with a dam on his property and that the road to his house be graded and an area around his house be cleared. The Commission told Mr. Yellow that the Oljato Chapter had funds available to help him with the road. They also asked Mr. Bailey to write a letter to the Soil Conservation District and to Andy Morgan of the Navajo Tribal Natural Resources for help with the dam. Spanish Valley Airport Road Administrative Assistant Rick Bailey reported that previously Robert Anderson and a representative from Legrand Johnson had told the Commission that the road from Pack Creek Bridge to the old Spanish Valley Airport was not in line. The documentation has been prepared and all concerned parties with the exception of the Commission have signed the document. A motion to approve and authorize Chairman Lewis to sign the document was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Patch Truck Bid Rejection Rick Bailey, Administrative Assistant, recommended that the patch truck bid approved the previous week to AG Truck be rejected. He explained that a competitor had run the truck specs against the weights and indicated that the truck bid was not heavy enough nor powered sufficiently to meet the required needs. Mr. Bailey had the bid truck checked out and it was found to be inadequate. A motion to reject the AG Truck bid approved June 8, 1992 was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Procurement A request has been received from the County Fair Board for the purchase of a Winchester 270 rifle for use as a prize for the fair. Bids were received from Monticello Merc for $317 and from J.B. Grain for $385. A motion to approve the bid of $317 from Monticello Merc was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Maintenance on Public Safety Grounds An anonymous letter was read concerning maintenance of the grounds at the Public Safety Building. Commissioner Lewis indicated that he had received other comments regarding this matter. Maintenance Supervisor Dell Hunter was given a copy of the letter and said he would follow up on the matter. Grama Ordinance County Attorney Craig Halls discussed the revisions and modifications needed in the county Grama (Government Records Access and Management Act) Ordinance. Points that needed to be cleared up were on the access time frame, the fees that will be charged, designation of documents, appeals board, records policy board and records officer. The Commission recommended that the access time frame should be changed to 10 days. UAC officials had indicated that a committee was conducting a study state-wide of fees that were being charged for various documents and would be making a recommendation for unification in that area. The Commission concluded for the present that 25 cents a page would be charged for copies. The Commission will act as the appeals board with the department heads making the initial decisions concerning document designations with guidelines from the Records Policy Board consisting of department heads with County Attorney Craig Halls as chairperson. All documents created after July 1, 1992 have to be designated, whereas existing documents will not need to be designated until requested. Pow Wow Request Sue Halliday met with the Commission and explained to the Commission that she and Jim Dandy had met with the Fair Board regarding a benefit Pow Wow to be held in conjunction with the San Juan County Fair. Ms. Halliday stated that in order to hold the Pow Wow they would need to construct a 100' temporary arena made of black plastic and chicken wire. With poles and some board being donated by the Extension Service she had figured that the cost would be about $1,800. This would also include drummers, lead dancers, etc. that would need to be paid. The Fair Board had said that they would give $300 toward the project. After discussion the Commission told Ms. Halliday that they agreed with the concept but that the budget was very tight this year and would need to be presented as part of the Fair Board budget for next year. They suggested that she talk with the Economic Development Board as they have flexible funds that could be used for that purpose. PROCESS FACILITATOR EDWARD TAPAHA'S REPORT Western Agency Road Meeting Process Facilitator Edward Tapaha reported that he had attended the Western Agency Road Meeting. He presented the Commission a copy of the priority road list which indicates that the Navajo Mountain road is Number 1 on the list. However he stated that the Navajo Transportation District has a different priority list that puts the Navajo Mountain road further down on their listing. The Transportation District listing also indicated that they would only fund the archaeological study part of the project at the present time. TeecNosPos Chapter Mr. Tapaha stated that he had visited the Teec Nos Pos Chapter and indicated to them that they needed to provide San Juan County with a priority road list for the Utah portion of the chapter. The chapter would like to improve the dirt road that runs along the river. On the road department maps it does not have a number indicating that it is probably not on the San Juan County Road System. To the knowledge of the Commission a request for grading that road had never been made. County Engineer Doug Pehrson will be asked to check the road to see if it can be put on the road system. Piute Road Mr. Tapaha has been informed of an existing overhang on the road to the Piute Bridge that appears to be unsafe. The Commission asked Mr. Tapaha to drive the Piute road when he is in the area to check on the problem. Mr. Tapaha also reported that some of the drainage in the area has been damaged during recent storms. He will also check the extent of the damage there. Kayenta Airport Hearing Process Facilitator Edward Tapaha reported that a public hearing will be held on June 23, 1992 regarding the Kayenta Airport. Soil Erosion - Aneth Mr. Tapaha will be checking with the Soil Conservation on erosion that has occurred in the Aneth area. Foot Bridge The Commission inquired as to the progress on the foot bridges over the San Juan River. Mr. Tapaha stated that it had been put on the Mexican Water Chapter agenda but one of the chapter officials had decided it could be delayed. Commissioner Maryboy stated that he felt the bridges should be repaired as soon as possible as they are still being used. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Communications Upgrade Administrative Assistant Rick Bailey said that he had met with Motorola Communications last week on the upgrade of the radio link. Further investigation showed that the Horse Flat site could be replaced by the Moss Back site where the BLM already has an existing building. The BLM has given preliminary verbal permission to use the building. The signal at Goodman Point in Colorado can be diverted to the needed area. However, another site still needs to be found on Cedar Mesa. Mr. Bailey also reported that a frequency has been located that should work. Mr. Bailey said that the television equipment is ready to be installed for the upgrade on three channels. The work should begin this week on that phase. The rest of the project will be completed next year. Andy Gomez Case Mr. Bailey stated that the defense lawyer had requested a forensic psychiatrist do an evaluation on murder suspect Andy Gomez. The court has approved the request. Dr. Joseph T. Smith, M.D. was selected to do the evaluation. Negotiations have been conducted on his fees. The present contract asks for $150 per hour and $1,500 per day out of the office and expenses. Mr. Huntsman, the attorney, indicated that Dr. Smith felt the evaluation could be completed in one day. He has also requested a brain scan but that can be done in either Durango, Colorado or Farmington, New Mexico. A motion to approve Mr. Bailey signing the contract for the Commission was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Road Meetings Because of the oiling and other projects being worked on by the road department it was decided that one road meeting a month would be sufficient during the summer months. Consequently, the road meeting will be scheduled for the first Monday of each month. Furniture-Cal Black Airport Administrative Assistant Rick Bailey stated that the Cal Black Airport still needed furniture for the terminal building. He has contacted Midwest Office Supply, who has the state contract on furniture. They felt that some good sturdy furniture would be needed for the reception area. A desk, chair, some waiting chairs and some panels for writing on would be needed for the managers office. A motion to approve the purchase of this furniture was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. Melvin Laws Lawsuit Administrative Assistant Rick Bailey read the following letter from Gary B. Ferguson, Attorney, to the Commission in regard to the Melvin Laws Lawsuit: Dear Mr. Halls: Utah Local Governments Trust has asked me to consider representing San Juan County as well as Blanding City in the above-entitled action. I cannot do so without first obtaining both Blanding City's and San Juan County's written consent to do so. I cannot represent Blanding City and San Juan County where there is a conflict of interest. The plaintiff is claiming that the Blanding City dump is unsafe for many reasons, including, for example, failing to have a handrail and allowing people to dump over the edge. It appears that San Juan County's only involvement in the dump is that San Juan County is a user of the dump, and when requested by Blanding City, would come in and push the garbage in the dump so as to make more room for garbage dumped from above. One of the plaintiff's allegations is that the dump should not be operated such that he could fall seventy feet or more from the top of the dump to the first layer of garbage. This may somehow involve San Juan County. It is my opinion that I can represent both Blanding City and San Juan County in the Laws matter on the grounds that the plaintiff's claims appear, at this time, to lack merit on the issue of liability. It appears that San Juan County should be dismissed at the outset due to the plaintiff's failure to file a notice of claim within one year of the injury. If I am able to represent San Juan County, I will file a Motion to Dismiss to have this issue decided immediately. If, through the development of the case, new facts are uncovered that suggest a potential or actual conflict of interest, then I will immediately inform each of you of those facts. You are certainly free to obtain independent legal advice about my request to represent both Blanding City and San Juan County in this litigation. If you agree to the joint representation, and at any time, see any evidence of a conflict of interest developing between Blanding City and San Juan County, please bring it to my attention. In order for San Juan County to agree to the joint representation, an appropriate representative of San Juan County must sign, where indicated, the copy of this letter that is enclosed and return the signed copy to me. If you have any questions regarding this please feel free to contact me. Very truly yours, Gary B. Ferguson A motion to approve Mr. Bailey signing the letter was made by Commissioner Maryboy and seconded by Commissioner Lewis. UNANIMOUS. ZONING MAP Mr. Bailey stated that there has been numerous zoning concerns since the first of the year. The County has only had a small map which had been hard to interpret. Bruce Bunker, County Assessor and Mr. Bailey spent several days interpreting, enlarging and making a new map for the county. He will have one mounted for the Commission. Bluff Senior Center Management Recently a request was received to have someone designated to oversee the Bluff Senior Center. Jim Sayers had been voluntarily spending time at the building. A letter had been sent to Mr. Sayers asking him to respond. He wrote back indicating what he had been doing. The Commission feel that a job description needs to be given to the person selected for the job and possibly a part-time or monthly stipend be given. Commissioner Maryboy will talk with Mr. Sayers and get back with Mr. Bailey on the matter. Emergency 911 Agreement Administrative Assistant Rick Bailey presented the Emergency 911 Agreement with Navajo Communications. The purpose of this contract is to buy the lines that come into the County building. A copy of the agreement had been given to County Attorney Craig Halls for his review. Mr. Halls had concerns about a paragraph regarding the liability the county may have if the emergency call does not receive adequate response from the responsible parties. The Commission felt that an agreement needs to be consummated with the Navajo Police on how the calls will be handled when transferred to their department. Mr. Bailey will write a letter to the Navajo Police asking the chief to meet with the Commission on July 6, 1992 in reference to this matter. COMMISSIONER MARK MARYBOY'S REPORT Utah Navajo Trust Fund Meeting Commissioner Maryboy reported attending a meeting with State Treasurer Ed Alter and two board members recommended by Governor Bangerter to serve on the Utah Navajo Trust Fund board. The future of UNDC or UNA was discussed. UNA Meeting A meeting with the Navajo Tribe regarding the $1 million set aside for UNA was attended by Commissioner Maryboy. A plan of operation was approved. Another meeting will be held at Bluff on June 18, 1992 to discuss how the program will be implemented. State Democratic Convention Commissioner Maryboy stated that he had attended the Utah State Democratic Convention as a delegate and reported on the results of the convention. Mr. Maryboy was also elected as a national delegate and will attend the National Democratic Convention on July 14 in New York City. Indigenous Discrimination Meeting-Geneva, Switzerland An official letter extending Commissioner Maryboy an invitation to attend the United Nations meeting on Indigenous Discrimination has been received. Commissioner Maryboy will be leaving on July 20, 1992 and will return home on July 31, 1992. BILLS APPROVED FOR PAYMENT Radison Plaza Hotel lodging Bill Redd $ 438.84 Chris Adair reimburse rodeo queen supplies 137.49 Abajo Electric electrical work road dept 255.40 Access Long Distance access charges extension 54.14 Alan's Body Shop windshield road dept 175.03 Abajo Electric electrical work road dept 255.40 Amcor Incorporated supplies road dept 8,242.11 American Wholesale Groceries supplies sheriff 534.92 Black Oil Company seat cover road dept 2,528.19 Blue Cross/Blue Shield SJC health insurance 3,060.10 Blue Mountain Foods supplies aging dept 1,161.52 Blue Mountain Music office supplies, etc 4.49 Bluff Water & Sewer Users utilities Bluff bldg 10.00 Bruce Bunker travek assessor 151.75 Car Care Center propane road dept 46.81 Caun-Co Incorporated supplies road dept 403.72 Chevron USA Incorporated gas sheriff's office 108.97 Colorado Kenworth Inc. parts road dept 56.78 Communications Plus computer paper 1,361.80 Eastman Kodak Company maintenance agreement 375.11 Elf Asphalt asphalt road dept 4,276.11 Empire Electric Assoc. Inc. utilities PSB 3,730.34 John Fellmeth travel 42.00 First Security Bank of Utah liab. from p/r run #080 471.45 Four Corners Welding supplies road dept 43.60 Frito-Lay, Inc. supplies jail 34.34 Great Basin Trucks, Inc. parts road dept 172.37 Peggy Humphreys travel 96.94 Wesley L. Hunt Company supplies communications 171.85 Interstate Brands Corp. supplies jail 33.98 JM Custom & Industrial Welding labor & repair 482.74 Kent's Foods supplies aging dept 610.20 Jim Keyes 3% gross sales- auction 312.14 L.N. Curtis & Sons supplies fire control 405.66 Lyle Northern Electric, Inc. repair broken lines 635.15 Joyce A. Martin travel Library Board 56.04 G.O. Miller DDS state inmate dental 272.00 Monticello City of utilities road dept 972.93 Monticello City Justice Court s.o. collections 1,105.00 Monticello Merc outlet strip clerk 9.99 Monticello Senior Center reimburse petty cash 53.42 Motor Parts Company supplies road dept 1,075.01 Motor Parts Pro Mart Home Center supplies courthouse 199.16 Motor Parts parts road dept 1,092.25 Newby Holt Oil Co. diesel road dept 4,555.72 Nu-Way Western Wear supplies fair 35.90 Palmer's supplies aging 2.20 Parley Redd's Food Town supplies Bluff building 57.47 Curtiss E. Perkins chips back haul 791.78 Jerold Perkins travel sheriffs dept 49.00 Petra Computer Services supplies Data Proc 63.96 Radiology Assoc.l of Durango inmate medical 51.00 Redburn Tire Company tires road dept 76.74 San Juan County gas economic develop 21.31 San Juan County Hospital inmate medical 11.55 San Juan Mental Health Duane Tatro construction 472.00 San Juan Pharmacy inmate presc 4,383.00 San Juan Pharmacy sjc employee presc 559.40 San Juan Record notice sheriffs dept 24.30 Saveway Tire & Oil fuel road dept 1,288.13 Schafer Tires & Augo Parts tires road dept 135.38 Scott Machinery Company parts road dept 1,538.05 Seventh District Juvenile Ct. s.o. collections 30.00 Sevier Valley Communications translator communications 6,465.59 Shilo Inn lodging Data Proc 94.00 Sanp-on Tools Corp parts road dept 98.00 Sysco Intermountain Food Svc supplies jail 500.24 Texaco Refining & Marketing gas aging 40.11 U.S. Postmaster box rent #817 150.50 United States Welding, Inc. supplies road dept 1,261.87 Utah Dept of Transportation aircraft rental chgs 529.00 Utah Power utilities sheriffs 39.68 Utah State Historical Society membership dues 20.00 Utah State Tax Commission liab.from p/r run *080 40.95 W.W. Grainger, Inc. parts road dept 293.16 Wheeler Machinery Co. parts road dept 230.09 White Mesa Ute Council contract meals 396.50 Alpine Aviation travel aging 178.00 Arlington Computer Products printer 451.00 Bob Barry state soil conservation 1,800.00 Canyonlands Foreign Car parts road dept 200.00 20th Century Plastics photo pages 30.00 Clark Boardman Callaghan zoning & planning 117.15 Canyonlands Natural History topo maps 42.50 Dixie USA, Inc. 92 catalog 5.00 Ann Foutz folk fair festival 900.00 Charlotte Gibbons reimburse trailride 520.00 Greg's Stakes & Wood Products supplies surveyor 332.50 Kelly Green meals for TAC meeting 26.00 Heckett chips road dept 157.92 R.Clayton Huntsman public defender 3,787.45 Heuton General Tire tires road dept 1,474.42 Intermountain Farmers Assoc. weed chemicals 945.00 Jones & DeMille Engineering pack creek bridge 7,365.80 Enrico King bail refund D48824 7.00 Rena Langstaff firefighter 24.00 Barbara Maes firefighter 24.00 Jack L. Marcus baseball caps sheriff 60.00 James Meyer travel 60.00 NCCEM membership dues 75.00 PC World subscription aging 19.97 PC Connection supplies aging 48.27 Gentry Ramsey firefighter 24.00 Jared Randall parts & labor PSB 25.00 Rescue Magazine subscription EMS 71.70 Charles Redd Center oral histories 105.00 Rose Reilly firefighter 24.00 Safety Supply & Sign Co. freight road dept 2.42 South East Utah Title Co. sale at county auction 20.00 Sue Shed firefighter 24.00 Jayson Young firefighter 24.00 Commission meeting adjourned at 1:30 p.m. Merna Johnson, Deputy Clerk Ty Lewis, Chairman