SAN JUAN COUNTY COMMISSION MEETING MARCH 12, 2001 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Ty Lewis, Chairman Mark Maryboy, Vice-Chairman Bill Redd, Commissioner Rick Bailey, Administrative Assistant LaVee Scherick, Deputy Clerk A motion to approve the minutes of the March 5, 2001 meeting as written was made by Commissioner Bill Redd and seconded by Commissioner Mark Maryboy. UNANIMOUS. BLM/Challenge Cost Share Agreement/Right of Way Dale Davidson, BLM, presented a Challenge Cost Share Arrangement between the Bureau of Land Management and San Juan County, Utah for approval and signature. The agreement is to purchase a right of way from the Ute Mountain Tribe and individual Ute people. The right-of-way will be in the name of San Juan County and the Bureau of Land Management when it is issued. Subsequently, the BLM will assign its rights under the right-of-way to the County. Commissioner Bill Redd made a motion to approve the Challenge Cost Share Arrangement as long as the right of way ends in the County name. Commissioner Mark Maryboy seconded. UNANIMOUS. Indian Creek/Roads Planner Scherick showed a map of the Indian Creek area roads. He indicated the roads shown in red have been closed by the BLM even though the County has the roads on their GPS system. The County has verified the roads. They are on the County system and are for public use. It was indicated that tickets will be issued to those driving on those roads. The posted signs indicates that all vehicle use is limited to posted roads and trails. Mr. Davidson will report back to Kent Walter, Monticello Field Office Manager, that the County feels the signs are inappropriate. Land, Road, and Spotted Owl Issues Marvin Smith, Carl Knight, and John Nelson, Colorado, discussed with the Commission maritime and territorial jurisdiction, treaties, Tribal sovereignty, Ute Tribe, and endangered species acts and how these issues may affect county lands. The County agreed to work with the Ute Tribe in Colorado to determine how endangered species may impact Ute lands in Utah as well as other Tribal lands. Legal Defense Request/Mark Maryboy County Attorney Craig Halls reported he had spoken with Attorney Doug Short several times concerning legal defense for Commissioner Mark Maryboy. County Attorney Halls stated he thought an opinion on the matter from the Attorney Generals office would be worth while. The County will file a request with the Federal District Court asking for a declaratory judgement as to whether the County has fulfilled their legal obligation to provide Commissioner Maryboy with legal counsel or if they will be required to pay for Attorney Doug Short. County Attorney Halls will negotiate an agreed fee with Attorney Short. If Commissioner Maryboy is removed as a defendant from the lawsuit, or is determined to be a plaintiff, the County will not be responsible for Mr. Short's bill. The County will meet with UAC Insurance attorney's for clarification on fees and procedure. Commissioner Bill Redd made a motion to allow Attorney Halls to negotiate a fee from Doug Short that the County will not pay unless the declaratory judgement determines that the County should pay. If Commissioner Maryboy is dismissed or determined to be a plaintiff then those fees would not be paid by the County. Also obtain legal advise from the Attorney Generals Office on whether or not the County has the obligation or not to provide an outside attorney. Commissioner Maryboy seconded. UNANIMOUS. Traffic Citations/Kenneth Maryboy Kenneth Maryboy, Council Delegate, discussed with the Commission law enforcement issues concerning Navajo people being stopped for fog lights, lift kits, big tires, tinted glass, and vehicles being towed in the southern part of the county. Sheriff Lacy stated the Safety Inspection law is enforced by the State of Utah. Mr. Maryboy stated the Navajo people are concerned about all the warnings and citations given to them. Members of the Sheriff Department and Utah Highway Patrol outlined what is legal and what is not legal in the State of Utah as far as the above items are concerned. San Juan County Sheriff Department does not give citations on the Reservation. Herbert Claw, Navajo Nation Tribal Police, stated the Navajo Nation does not have safety inspections or codes on lift kits. Kenneth Maryboy stated he feels that road blocks are a problem in their area. He requested a list of all road blocks conducted in the county for the past five or eight years. Sheriff Lacy stated the County does not have a list as most of the road blocks are conducted by the highway patrol and the County Sheriff Department is a support to those. Mr. Maryboy also requested a warrant list of Native Americans and minorities. That request would have to go through the court system. Administrative Assistant Rick Bailey will write a letter to the courts inquiring about the warrant list. Todahaidekani to Red Mesa Road/Overweight Citations Herbert Claw, Navajo Nation Tribal Police, stated that the over load trucks traveling on the Todahaidekani to Red Mesa are probably doing so when portable weight scale checks are taking place in Arizona. Coordination when portable scale checks are made is a possibility between Arizona, New Mexico, and Utah. San Juan County Sheriff Department does not wish to become involved in the portable weight check situation. This is usually done through the highway patrol. Bid/Landfill-Cab & Chassis Administrative Assistant Rick Bailey opened bids for a cab & chassis for the landfill from Sterling Trucks of Utah at $59,350; Lake City International at $61,950; Freightliner of Utah at $60,848; Kenworth Sales Co. Inc. at $69,996, and Peterbilt Trucks of Utah for Model #378 at $63,732 and Model #357 at $63,919. The bids will be given to Dayne Shumway, Landfill Manager, to review before a decision is made. Beer License Renewal/Cow Canyon Trading Post County Clerk Norman Johnson present a nine month beer license renewal for Cow Canyon Trading Post for approval. Renewal will be for April 1, 2001 - December 31, 2001. Commissioner Bill Redd made a motion to approve the beer license renewal. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. Out-of-State Travel An out of state travel request was present for Administrative Assistant Rick Bailey and Commissioner Ty Lewis to be in Washington DC on March 31-April 5, 2001. Commissioner Bill Redd made a motion to approve the out of state travel request. Commissioner Mark Maryboy seconded. UNANIMOUS. PLANNER-PERSONNEL EDWARD SCHERICK'S REPORT Request to Hire/Deputy County Attorney Personnel Director Edward Scherick presented the name of Mark Thomas, Uintah County, to be hired full-time as the Deputy County Attorney at Step 276 at $4158 per month. In the event that Mr. Thomas does not accept the position the name of Walter Bird, Provo, was presented to be offered the position at Step 241 at $3507 per month. Commissioner Bill Redd made a motion to approve the hire of Mr Thomas contingent of his accepting the position. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. Water Projects/Brad Shafer Brad Shafer, Senator Bennett's Staff, will be here on the afternoon of March 14, 2001 to discuss water issues. ADMINISTRATIVE ASSISTANT RICK BAILEY'S REPORT Hassen Subdivision/Approval Administrative Assistant Rick Bailey presented the Hassen Subdivision plat for approval. Commissioner Bill Redd made a motion to approve the subdivision plat subject to the Road Department recommendation of right-of-way approval. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. Building Permits Administrative Assistant Rick Bailey presented a building permit for Eric Brewer for a new home in San Juan Estates, Lot 6, Spanish Valley. Commissioner Redd made a motion to approve the building permit. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. A building permit was presented for Terry Lance for a new home on Tangren Lane. Commissioner Bill Redd made a motion to approve the building permit contingent on approval of the Hassen Subdivision. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. Rocky Mountain Home Health/Contracts Administrative Assistant Rick Bailey presented the following aging contracts with Rocky Mountain Home Health for approval as follows: Home and Community Based Alternatives Program -HCBA; Caregiver Respite Care; and Insurance Counseling Services. Commissioner Bill Redd made a motion to approve the aging contracts. Commissioner Ty Lewis seconded. Commissioner Mark Maryboy was not present at the time the action was taken. Navajo Police Vehicles Administrative Assistant Rick Bailey reported on the Navajo Police vehicle grant money. The County spent about $241,000 on the Navajo vehicles. The County owes the Trust Fund some money back. He stated that Navajo Revitalization granted $100,000 and Utah Navajo Trust Fund granted $150,000. He requested approval of an extension of a contract with the Navajo Revitalization Fund Board and San Juan County in order that a refund check can be made from the Navajo Revitalization Fund which will then be forwarded to the Utah Navajo Trust Fund. Commissioner Bill Redd made a motion to approve the contract extension. Commissioner Mark Maryboy seconded. UNANIMOUS. Bid/Dodge Trucks-Road Dept Administrative Assistant Rick Bailey presented bids for two Dodge trucks for the Road Department. The bids from the State contract are as follows: 3/4 ton with 360 engine at $19,003.20 and for a V-10 at $19,403.20. Commissioner Bill Redd made a motion to approve which ever the Road Department would like to purchase. Commissioner Mark Maryboy seconded. UNANIMOUS. Division of Forestry, Fire & State Lands/Contract Administrative Assistant Rick Bailey presented the contract with Division of Forestry, Fire, State Lands, U.S. Forest Service and San Juan County regarding the County Fire Warden position becoming a State employee position. The County will fund one third of that position. Commissioner Bill Redd made a motion to approve the contract. Commissioner Mark Maryboy seconded. UNANIMOUS. Cal Black Airport/Supplemental EIS Administrative Assistant Rick Bailey reported that the Cal Black Airport Supplemental EIS is complete. The report concluded that boats make more noise than the airplanes do. Health Insurance Information/State Grant The County has received a federal grant through the State of Utah through the Health Insurance Information Program to educate senior citizens on the Reservation about medicaid, medicare, supplemental insurance, etc. A person has been hired to serve in the Utah portion of the Reservation. That person will go to the Senior Centers, conduct educational classes, go to the individual homes, help them keep up with medicare paper work, bills, and benefits. This grant is for one year. The County is the pass through for the funds. Rocky Mountain Home Health has requested this person have a cell phone. The County is requesting approval that the cell phone bill come to the County for a one year period to be paid by the grant. Commissioner Bill Redd made a motion to approve the cell phone for one year. Commissioner Mark Maryboy seconded. UNANIMOUS. Weed Department/Cell Phone Administrative Assistant Rick Bailey reported that Max Black is requesting a cell phone to be used in the Weed Department. The Commission asked that Mr. Black come in for a discussion before a decision is made. Bid/Blanding Senior Center/Furniture Administrative Services Manager, Melissa Banks presented a bid for replacement of two couches and one love seat for the Blanding Senior Center. The bid is from Knowles Home Furnishing, Moab, for a total of $1800. Commissioner Bill Redd made a motion to approve the bid. Commissioner Mark Maryboy seconded. UNANIMOUS. Bid/Blanding Senior Center/Blinds A bid was presented for new blinds at the Blanding Senior Center from Knowles Home Furnishing at $200. Commissioner Bill Redd made a motion to approve the bid. Commissioner Mark Maryboy seconded. UNANIMOUS. Utah Retirement Administrative Assistant Rick Bailey reported the County has received a check from Utah Retirement Systems in the amount of $21,558 for Long Term Disability Refunds for premiums for the years 1994-1999. Schedule Administrative Assistant Rick Bailey will be traveling to Salt Lake City on March 13-14, 2001 to attend an Aging and Hazardous Materials meeting. He will be back in the County on Thursday. COMMISSIONER BILL REDD'S REPORT Commissioner Bill Redd attended the CIB meeting last week. Monticello and Bluff were moved to the funding list for next month. This week he will attend a Road Litigation meeting in St. George on March 13, 2001. Commissioner Redd will attend the AOG meeting on March 15, 2001. Commissioner Redd will be a speaker at the Fred House Academy Graduation on March 16, 2001. COMMISSIONER MARK MARYBOY'S REPORT Commissioner Maryboy attended the Tri-County meeting two weeks ago. A Road resolution was passed. Commissioner Maryboy was in Albuquerque, NM on March 5, 2001 where he presented the School Bus Maintenance Road resolution to the Bureau of Indian Affairs. Last week, Commissioner Maryboy was in Washington DC attending the NaCo Conference. The main discussion was concerning voting machines. Commissioner Maryboy presented the Road resolution to the NaCo Steering Committee and Board in Washington DC. Commissioner Maryboy also meet with the Assistant Secretary of the Interior that is in charge of the BIA. They discussed BIA Road funding allocations. Commissioner Maryboy reported some costs have ben incurred at the Montezuma Creek Swimming pool that should have been taken care of before the pool was turned over to the group managing the pool. Commissioner Maryboy stated a letter has been submitted to the County. Commissioner Maryboy reported the Council approved two million dollars to the Chapters. Each Chapter will receive approximately $20,000 for drought purposes. The Navajo Nation has also set aside five million dollars for Arizona, New Mexico and Utah. Utah received one million. The interest will be used to match county and state funds. Commissioner Maryboy met with USEPA in Window Rock concerning the lawsuit between Mobil Oil and Texaco. The lawsuit is in the process of being settled. The next Tri-County meeting will be held on March 29, 2001 in the Tribal Council Chambers in Window Rock. Commissioner Maryboy will be in Window Rock on Tuesday and in the area the rest of the week. COMMISSIONER TY LEWIS' REPORT Commissioner Lewis met with Monticello City on March 5, 2001 concerning their water project. Commissioner Lewis will be out of town this week. BILLS APPROVED FOR PAYMENT Adams, Greg 102.00 Adams, Vance 60.00 All Awards 81.93 Aneth Senior Citizens Center 999.23 Aspen Publisher, Inc. 135.62 Bailey, Richard M. 87.00 Bayles, Lillian 20.98 Bayles, Lyle 20.00 Black, Brandon 20.00 Blanding City 412.89 Blue Mountain Foods 817.72 Blue Mountain Meats 203.92 Blue Mountain Panorama 88.50 Bluff Service Area 1350.00 BridgeNet 114487.00 Bunker, Bruce 173.40 Bureau of EMS 32.00 Butler, Troy 15.00 Cabela's Promotions, Inc. 125.84 Cantrell, Kent 51.00 Capital Enterprise 146.72 Carbondale Middle School 175.00 Cedar Mesa Products Co. 7.00 Cellular One 2.40 Chevron USA Incorporated 414.77 Chief Supply Corp. 10.99 Clark Security Products 23.59 Clarks Market 658.48 Codale Electric Supply, Inc. 116.73 Communications Plus 352.38 Conoco Incorporate 97.69 Conserva-A-Watt Lighting 39.95 Control Equipment Company 132.55 County Information Systems 1500.00 Crawford Supply Co. 75.92 Custom Floors & Furnishings 673.70 Debbie Christensen 232.40 Desert Rose Inn 147.00 Dineh Design 507.00 Earthgrains Baking Company 52.80 Empire Electric Assoc. Inc. 2201.19 Farm Center 63.47 Four Corners Welding 56.47 Franklin Covey 123.36 Front Page 40.95 Frontier Internet 30.00 Gall's Incorporated 106.25 Game Time Boycee Recreation 3000.00 Government Finance Officers 50.00 Grand County 22323.00 Grand Valley Foods 435.20 Halchita Recreation 450.00 Hampton Inn-Salt Lake City 75.45 Helquist, Charlie 140.00 Hiatt, Kimberly 49.80 Hilton Waikoloa Village 835.58 Humphreys, Chuck 16.79 Hunter, Dell 128.74 IBM Corporation 112.88 Intouch Paging 155.00 Intrasearch Inc. 95.00 Jensen Tools, Inc. 162.00 Jones, Malva 16.00 JVP, Inc. 13.97 Keefe Supply Co. 65.40 LaSal Store 11.60 Lameman, Ann 65.00 Langston, Paul 45.00 Lansing, Thelma 211.50 LaQuinta Inn & Suites 59.00 Marshall, Mark G. 210.00 Meadow Gold Dairies, Inc. 227.40 Mesa Supply 113.35 Meyer, Shurrell 620.84 Monsen Engineering Company 112.59 Monticello City 513.80 Monticello City Justice Court 850.00 Monticello Mercantile 157.22 Motor Parts 706.35 Motor Parts Co. 906.33 National Assoc. of Counties 385.00 Navajo Mountain Chapter 1802.40 Navajo Times 55.00 Navajo Tribal Utility Authority 302.45 Navajo Westerners 592.43 Nicholas & Company 863.38 Nielson, Jennifer 122.84 Office Depot Credit Plan 53.10 Office Essentials 98.00 Orkin Exterminating Co. Inc. 66.00 Palmer's 47.12 Parley Redd's True Value 192.75 PC World 24.95 Provo Fairfield Inn 55.00 Quill Corporation 371.49 R & L Boiler 4357.00 Randall, Kaitlyn 20.00 RDO Equipment Company 580.68 Redd, Bill 857.80 Regalia Manufacturing 143.96 Regence Blue Cross/Blue Shield 12942.57 RGJ, Inc. 141.37 San Juan Building Supply, Inc. 16.04 San Juan County 229.36 San Juan County Inmate Account 798.50 San Juan Dental 978.00 San Juan Health Care Services 36.00 San Juan Pharmacy 1797.92 San Juan Pharmacy 5061.76 San Juan Record 452.27 Schaechter, Valerie 56.16 Sierra Petroleum 531.96 Sunrise Environ Scientific 173.40 Sysco Intermountain Food Svc. 2447.33 Tate, Laverne 250.00 The Election Center 150.00 The Kiplinger Letter 79.00 Toleeto Fasteners Intl. 15.97 Tom Growney Equip, Inc. 112.00 Turri, Bob 240.60 Ut. Hwy Patrol Safety Inspect. 10.00 Utah Assoc. of Clerk/Auditor 75.00 Utah Association of Counties 130.00 Utah Dept of Workforce Serv. 4.40 Utah Power 21.46 Utah State Tax Commission 24.50 Utah State Treasurer 5918.97 Valdez, John 40.00 Verizon Wireless 330.44 Viking Office Products, Inc. 216.45 Wagon Wheel 25.80 Western Agricultural Insurance 456.94 Wilson Farms 10.75 Bureau of EMS 70.00 Utah Association of Counties 130.00 Adjournment: The meeting adjourned at 1:15 P.M. ------------------------- -------------------------- Ty Lewis, Chairman LaVee Scherick, Deputy Clerk