ML20195F567
| ML20195F567 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 06/11/1999 |
| From: | Silberg J AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20195F573 | List: |
| References | |
| CON-#299-20523 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9906150031 | |
| Download: ML20195F567 (9) | |
Text
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'99 JJN 14 P3 :26 June 11,1999 UNITED STATES OF AMERIEhg ;.
NUCLEAR REGULATORY COMM$li$10N T
Before the Atomic Safety and Licensing Board In the Matter of
)
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22-ISFSI
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(Private Fuel Storage Installation)
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ASLBP No. 97-732-02-ISFSI APPLICANT'S MOTION FOR
SUMMARY
DISPOSITION OF CONTENTIONS UTAH SECURITY-A AND SECURITY-B, AND PARTIAL
SUMMARY
DISPOSITION OF CONTENTION UTAII SECURITY-C I.
INTRODUCTION Applicant Private Fuel Storage L.L.C. (" Applicant" or "PFS") files this motion for summary disposition pursuant to 10 C.F.R. Q 2.749 of Contentions Utah Security-A and Security-B, and partial summary disposition of Contention Utah Security-C, all alleging failure of Tooele County to properly approve a cooperative agreement providing the Tooele County sheriff's office with law enforcement authority on the Skull Valley Goshute Reservation. Summary disposition is warranted on the grounds that there exists no genuine issue as to any material fact relevant to these contentions and therefore, under the applicable Commission regulations, the Applicant is entitled to a decision as a matter oflaw. This motion is supported by a Statement of Material Facts as to which PFS asserts there is no genuine dispute and certified copies of the Cooperative Law 9906150031 990611 PDR ADOCK 07200022 3
C PDR D
y
Enforcement Agreement ("CLEA"),' the Tooele County resolution approving the agreement,2 and the minutes of the Tooele County Board of Commissioners meeting at which the resolution was approved.$
II.
STATEMENT OF THE ISSUES On August 5,1998, the Atomic Safety and Licensing Board (" Licensing Board" or " Board") admitted Contentions Utah Security-A and Security-B, and part of Contention Utah Security-C,* all alleging failure of Tooele County to properly approve the CLEA providing the Tooele County sheriffs oflice with law enforcement authority on the Skull Valley Goshute Reservation. Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-98-17,48 NRC 69,76-77 (1998). The basis for all three contentions, as admitted by the Board, is that " Utah Code Annotated section Il-13-5 requires that a public agency entering into a cooperative agreement -in this instance Tooele County - must adopt an ' appropriate resolution,"' and Tooele County has, I
8 Tooele County Corporation Contract #98-08-01, Cooperative Law Enforcem_ent Agreement (CLEA)
Between Tooele County, the Bureau ofIndian AtTairs and '.he Skull Valley Band of Goshute Indians (Aug.
7,1998). The CLEA is attached to this motion an Exhibit I, pages 7 to 10. Also attached is a copy of the June 1997 agreement. See Exh. I at 3-6 (Tooele County Corporation Contract #97-06-02, Cooperative Law Enforcement Agreement (CLEA) Between Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians (June 3,1997)).
2 Exh. I at 12 (Resolution 98 A Resolution Approving and Authorizing a Cooperative Law Enforcement Agreement (CLEA) Between Tooele County, the Bureau ofIndian A!Tairs and the Skull Valley Band of Goshute Indians (Sept. 2,1998)).
- Exh. I at Il-12 (Minutes of the Regular Meeting of the Tooele County Board of Commissioners IIeld September 1,1998 (Sept. 8,1998)).
- The part of Contention Utah Security-C for which summary disposition is sought is "the purported failure of Tooele County to approve properly a June 1997 cooperative agreement that provides the Tooele County sheriffs office with law enforcement authority on the Skull Valley Band reservation." Sy Private Fuel Storage. LBP-98-17, supra,48 NRC at 76.
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purportedly failed to " approve properly the [CLEA]""in the fonn of a written resolution.
.. that... compl[ies] with the requirements of section I l-13-5." Id. at 74-76 (emphasis added).5 Utah Code Ann. Q l1-13-5 (1997) provides that:
Adoption of appropriate resolutions by the governing bodies of the
)
participating public agencies are necessary before any (cooperative) agreement may enter into force."
(emphasis added). Therefore, pursuant to the Utah Code, the CLEA would " enter into force" upon Tooele County's approval of the CLEA through an " appropriate resolutidi."
Tooele County has, since the Board's order admitting the contention, passed such an " appropriate resolution" approving a revised CLEA which the Parties to the CLEA have executed. Therefore, the CLEA is nowin force and PFS is entitled to summary disposition on this issue.
III.
APPLICANT IS ENTITLED TO
SUMMARY
DISPOSITION OF CONTENTIONS UTAll SECURITY-A, SECURITY-B AND PART OF SECURITY-C' A.
Material Facts Are Not In Dispute The material facts regarding approval of the CLEA between Tooele County, the Bureau ofIndian Affairs ("BIA") and the Skull Valley Band of Goshutes ("the Band")
' The issue in these contentions is the procedure used to properly approve a CLEA, rather than the substance of the CLEA itself. The substance of the CLEA was not a basis for these contentions. The Board has twice rejected the State's attempted challenges to the substance of the CLEA, and has repeatedly detennined that "nothing on the face of the cooperative agreement gives us cause to question its validity as it provides [ law enforcement] jurisdiction on the Skull Valley Band's reservation for the designated LLEA." See Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LDP-98-13,47 NRC 360,370 n.9 (1998); see also Private Fuel Storage, L.L.C. (Independent Spent Fuel Storage Installation), LBP-99-7,49 NRC _, slip op. at 9-10 n.1 (1999).
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(collectively,"the Parties") are not in dispute. In June 1997, the Parties entered into a CLEA providing the Tooele County sheriff's offtce with the authority and responsibility to provide law enforcement services on the Skull Valley Goshute Reservation. Private Fuel Storage, LBP-98-17, supra,48 NRC at 71. The only contention the Board admitted regarding this CLEA was "the purported failure of Tooele County to approve properly
[the CLEA)." & at 76.
The Parties have now entered into a revised CLEA that is identical to the June 1997 CLEA, with the exception of the etTective date and the cost fot services. Compare Exh. I at 7-10 (August,1998 CLEA) with Exh. I at 3-6 (June,1997 CLEA).
Further, the revised CLEA was approved and authorized by a written resolution of the Tooele County Board of Commissioners. During the September 1,1998 regular meeting of the Tooele County Board of Commissioners, the Board of Commissioners voted unanimously "to approve Resolution 98 Approving and Authorizing the Cooperative Law Enforcement Agreement (CLEA) Between Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians." SS xh. I at 12 E
4 (Board of Commissioners Meeting Minutes). As stated in the Meeting Minutes, the County Attorney " explained that the contract is already in place, but needs to be approved by resolution.",ld.
- PFS has set forth the relevant law governing summary disposition at some length in its first motion for summary disposition, and the legal basis provided in that motion is incorporated by reference herein. See Applicant's Mot. Summ. Disp. Utah C at 4-16 (April 21,1999).
4
r Resolution 98-13 " accepted and approved" the CLEA "by and between the -
County and the Buirau ofIndian Affairs and the Skull Valley Band of Goshute Indians."
See Exh. I at 1 (Tooele County Resolution 98-13). Resolution 98-13 explicitly refers in the "whereas" clause to the authority for public agencies and local governments "under the Utah Interlocal Cooperation Act, Utah Code Annotated Il-13-1, et seq.," which includes Utah Code section 11-13-5, to enter into such cooperative agreements provided that the public agency / local government "shall authorize such contracts [as the CLEA] by resolution." Exh. I at 1. In Resolution 98-13, the Board of Commissioners both authorized and approved the CLEA that had already been entered into between the Parties (the August 7,1998 CLEA) and " ratified""[a]ny action taken by the county or Board on
[the CLEA] previous to this resolution, including the execution thereof." Exh. I at 1.
. The resolution was executed for Tooele County by the Chairman of the Board of Commissioners, as provided in the resolution, on September 2,1998. Exh. I at 2.
B.
CLEA Has Been Approved by Written Resolution of Tooele County Board of Commissioners, in Compliance with Utah Code Section 11-13-5 As stated above, Utah Code section Il-13-5 requires that "[a]doption of appropriate resolutions by the governing bodies of the participating public agencies are necessary before any (cooperative] agreement may enter into force." Utah Code Ann.
Il-13-5 (emphasis added). Utah Code section 10-3-506 requires that "[e]very resolution or ordinance [ adopted by a Utah municipality] shall be in writing before the vote is taken." Utah Code Ann.
10-3-506. The State asserted as its basis for Contentions Utah Security-A, Security-B and Security-C that:
5
[W]hile PFS has provided Tooele County Commission meeting minutes indicating that within the last 14 months the commission has on two occasions reviewed and/or endorsed the June 1997 cooperative agreement, it has not demonstrated these actions were in the form of a written resolution, like the 1991 enactment, that seemingly would comply with the requirements of section Il-13-5.
Private Fuel Storage, LBP-98-17, supra,48 NRC at 75 (emphasis added). Thus, while the CLEA does exist and has been agreed to by the Parties, the contention basis remained as to whether or not the "public agency entering into [the] cooperative agreement - in this instance Tooele County - [has] adopt [ed] an ' appropriate resolution"' that would authorize the CLEA to enter into force pursuant to Utah Code section 11-13-5. Id at 74.
The Tooele County Board of Commissioners, the governing body of Tooele County, has now adopted a written resolution authorizing and approving the CLEA between the County, the BIA, and the Band. Resolution 98-13, authorizing and approving the CLEA, was approved by the Tooele County Board of Commissioners on I
September 1,1998, and executed by the Chairman on September 2,1998. Therefore, f
pursuant to Utah Code section 11-13-5, the CLEA that provides the Tooele County sheriff's office with law enforcement authority on the Skull Valley Goshute Reservation entered into force on September 2,1998. (The CLEA itself states that its term commenced on April 1,1998 for a period of one year, automatically renewed in one year increments. Exh. I at 9.)
PFS is entitled to summary disposition in its favor on Contentions Utah Security-A, Security-B, and that part of Security-C, all of which are based on "the purported failure of Tooele County to approve properly a June 1997 cooperative agreement that 6
i..
t provides the Tooele County sheriffs office with law enforcement authority on the Skull l
-Valley Band reservation." Private Fuel Storage, LBP-98-17, supra,48 NRC at 76. The l
l Tooele County Board of Commissioners has authorized and approved the CLEA for law i
l l
enforcement services on the Skull Valley Goshute Reservation through a written i
resolution adopted pursuant to the requirements of Utah Code section 11-13-5. The l
r Applicant has demonstrated that the basis for Contentions Utah Security-A, Security-B and part of Security-C is now without merit.
i IV.
CONCLUSION For the forgoing reasons, the Board should as a matter oflaw grant PFS summary 1
l disposition and dismiss Contentions Utah Security-A and Security-B in their entirety, and dismiss part of Contention Utah Security-C that is based on the alleged failure of Tooele County to properly approve the CLEA.
1 Respectfully submitted, l
JaygS 'Iberg i
Emest IJ. Blake, Jr.
J Paul A.Gaukler SilAW, PITTMAN, POTTS
& TROWBRIDGE 2300 N Street, N.W.
Washington, D.C. 20037-1128 i
(202) 663-8000 Counsel for Private Fuel Storage L.L.C.
l Dated: June 11,1999 i
l.
7 L1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matt.r of
)
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22-ISFSI
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(Private Fuel Storage Installation)
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ASLBP No. 97-732-02-ISFSI STATEMENT OF MATERIAL FACTS ON WIIICII NO GENUINE DISPUTE EXISTS The Applicant submits, in support ofits motion for summary disposition of Contentions Utah Security-A and Security-B, and partial summary disposition of Contention Utah Security-C, this statement of material facts as to which the Applicant contends that there is no genuine issue to be heard.
- 1. Tooele Courdy entered into a Cooperative Law Enforcement Agreement (CLEA) with the Bureau ofIndian AfTairs and the Skull Valley Band of Goshute Indians on August 7,1998. See Exh. I at 7-10.
- 2. Resolution 98-13,"A Resolution Approving and Authorizing a Cooperative Law Enforcement Agreement (CLEA) Between Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians," was approved by the Tooele County Board of Commissioners at the regular meeting of the Board of Commissioners held September 1,1998. See Exh. I at 1-2.
- 3. Tooele County Resolution 98-13 approving and authorizing the CLEA was executed by the Chairman of the Tooele County Board of Commissioners on September 2,1998. See Exh. I at 2.
Respectfully submitted, h
Jayg S}lberg j
Erdst L. Blake, Jr.
Paul A.Gaukler l
SHAW, P11TMAN, POTTS
& TROWBRIDGE 2300 N Street, N.W.
Washington, D.C. 20037-1128 l
(202) 663-8000 Counsel for Private Fuel Storage L.L.C.
Dated: June 11,1999 I
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00CKETED USHRC ag ga 14 P 3 :26 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board Og LI '"
ADJU.-
In the Matter of
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PRIVATE FUEL STORAGE L.L.C.
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Docket No. 72-22-ISFSI
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(Private Fuel Storage Installation)
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ASLBP No. 97-732-02-ISFSI i
CERTIFICATE OF SERVICE I hereby certify that copies of the " Applicant's Motion for Summary Disposition of Contentions Utah Security-A and Security-B, and Partial Summary Disposition of Contention Utah Security-C" and the " Statement Of Material Facts On Which No Genuine Dispute Exists" were served on the persons listed below (unless otherwise l
l noted) by e-mail, and Exhibit I to the Motion for Summary Disposition was served on the persons listed below (unless otherwise noted) by facsimile, with conforming copies by U.S. mail, first class, postage prepaid, this 11th day of June,1999.
l l
G. Paul Bollwerk III, Esq., Chairman Dr. Jerry R. Kline l
Administrative Judge Administrative Judge l
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel l
U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 e-mail: GPB@nrc. gov e-mail: JRK2@nrc. gov and kjerry@erols.com Dr. Peter S. Lam
- Susan F. Shankman Administrative Judge Deputy Director, Licensing & Inspection Atomic Safety and Licensing Board Panel Directorate, Spent Fuel Project Office U.S. Nuclear Regulatory Commission Office of Nuclear Material Safety &
Washington, D.C. 20555-0001 Safeguards e-mail: PSL@nrc. gov U.S. Nuclear Regulatory Commission Washington, D.C. 20555
m Office of the Secretary
- Adjudicatory File U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, D.C. 20555-0001 U.S. Nuclear Regulatory Commission Attention: Rulemakings and Adjudications Washington, D.C. 20555-0001 Staff e-mail: hearingdocket@nrc. gov (Originaland two copies)
Catherine L. Marco, Esq.
_ Denise Chancellor, Esq.
Sherwin E. Turk, Esq.
Assistant Attomey General Office of the General Counsel Utah Attomey General's Office Mail Stop O-15 B18 160 East 300 South,5* Floor U.S. Nuclear Regulatory Commission P.O. Box 140873 Washington, D.C. 20555 Salt Lake City, Utah 84114-0873 e-mail: pfscase@nrc. gov e-mail: dchancel@ state.UT.US John Paul Kennedy, Sr., Esq.
Joro Walker, Esq.
Confederated Tribes of the Goshute Land and Water Fund of the Rockies Reservation and David Pete 2056 East 3300 South, Suite 1 1385 Yale Avenue Salt Lake City, UT 84109 Salt Lake City, Utah 84105 e-mail: joro61@inconnect.com e-mail: John @kennedys.org Diane Curran, Esq.
Danny Quintana, Esq.
Harmon, Curran, Spielberg &
Skull Valley Band of Goshute Indians Eisenberg, L.L.P.
Danny Quintana & Associates, P.C.
1726 M Street, N.W., Suite 600 50 West Broadway, Fourth Floor Washington, D.C. 20036 Salt Lake City, Utah 84101 e-mail:dcurran@harmoncurran.com e-mail: quintana @xmission.com
- By U.S. mail only A
J:6/E, Hilberg
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2
0 EXHIBIT 1
TOOELE COUNTY CLERK TOOELE COUNTY COURTHOUSE DENNIS D. EWING 47 South Main Street MARILYN K. GILLETTE Tooele County Clerk Toocle, Utzh 84074-2194 Chief,' Deputy Clerk (435) 843-3140 FAX (435) 882-7317 I hereby certify that the following documents numbered pages 1-12 are true copies of original documents filed in this office.
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a I, DInnis D. Ewing '
g.:, 5; Tooele County Clerk 5, '
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RESOLUTION 98-13 A RESOLUTION APPROVING AND AUTHORIZING A COOPERATIVE LAW ENFORCEMENT AGREEMENT (CLEA) BETWEEN TOOELE COUNTY, THE BUREAU OF INDIAN AFFAIRS AND THE SKULL VALLEY BAND OF GOSHUTE INDIANS WHEREAS, the Board of County Commissioners (Bo'ard) of Tooele County, Utah (County) hereby determines that it is in the public interest and welfare of the residents of the County that the County engage in a cooperative agreement with the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians for law enforcement detention for the Skull Valley Reservation; and WHEREAS, a Cooperative Agreement (Agreement) has been approved by and between the County and the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians; and WHEREAS, under the Utah Interlocal Cooperation Act, Utah Code Annotated Il-13-1, et seq.,1953, as amended, any two or more public agencies, as defined therein, may enter into agreements with one another forjoint or cooperative action and may also contract with each other to perform any govemmental services, activities or undertaking which each public agency entering into the contract is authorized by law to perform, but shall authorize such contracts by resolution; NOW, THEREFORE, BE IT RESOLVED BY THE TOOELE COUNTY COMMISSION that the Agreement, as attached hereto, entitled " Cooperative Law Enforcement Agreement (CLEA) between Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians"is hereby accepted and approved. The Chair of the Board is authorized to execute and the County Clerk to attest and seal the Agreement for and in behalf of Tooele County. Any action taken by the county or Board on this Agreement previous to this resolution, including the execution thereof, is hereby ratified.
e 01
- I H
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- Res. 98-13 l
This Resolution shall take effect immediately upon its approval and adoption by the Board and its filing in the office of the Tooele County Clerk.
DATED this 2d day of September,1998.
'l ATT TOOELE COUNTY LEGISLATIVE BODY 1 Al A BtNNIS D ~ " 'o, Cl TER Hd&KI5i, diairman g OF TOO z
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nsaker voted dd&
Conn.--.s Griffith voted rAF Commissioner McArthur voted 4 thu b
APPROVED AS TO FORM:
kW DOUGLAS!' At OM Tooele County orney i
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i TOOELECOWTYCJt pcHArg3g CONTRACT #-
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COOPERATIVE LAW ENFORCEMENT AGREEMENT BETWEEN TOOELE COUNTY THE BUREAU OF INDIAN AFFAIRS AND THE SKULL VALLEY BAND OF GOSHUTE INDIANS THIS AGREEMENT made and executed the Y % day of Shvo
,1997, to be effective on the 1" day of April,1997, by and between TOOELE COUNTY, (hereinafter called the " County"), the BUREAU OF INDIAN AFFAIRS, (hereinafter called the " Bureau"), and the SKULL VALLEY BAND OF GOSHUTE INDIANS, (hereinafter called the " Skull Valley j
Band").
WITNESSETH:
WHEREAS, the Skull Valley Band does not have all of the required resources and facilities to provide adequate law enforcement for the protection of the residents of the Skull Valley Reservation, Utah and its resources, and f
I WHEREAS, The Bureau and the Skull Valley Band desire to utilize the Tooele County l
Sheriff s department to provide law enforcement and detention for the Skull Valley Reservation, Utah pursuant to Title 25, Code of Federeral Regulations, Part II; and WHEREAS, the County is willing to provide the necessary services under certain terms and conditions.
NOW, THEREFORE, pursuant to Section II-13-5, Utah Code Annotated 1953, and in consideration of mutual promises contained herein, and for other good and valuable consideration, the County, the. Skull Valley Band and the Bureau, pursuant to its authority to provide for the maintenance oflaw enforcement services in Indian Country, hereby agree as follows:
- 1. The County will provide all necessary qualified personnel for law enforcement and detention services covered in this agreement. The County recognizes that many non-Indians work or travel through the Skull Valley Indian Peservation requiring law enforcement patrols.
- 2. The County is designated as the party to administer this agreement by and through the Tooele County Sheriff.
- 3. The County will provide all equipment, materials and facilities required for conducting Page 03
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the enforcement and detention services set forth in this agreement, and in the event of the terrriinarian of this agreement for any cause, d eqiW, materials and facilities shall remain in the possession and ownership of the County.
- 4. The County will be responsible to investigate, charge and incarcerate persons charged with or alleged to be in violation of d offenses, whether enumerated under 18 U.S.C. or the Skull Valley Band of Goshute Indians Tribal Code, cornmitted within the boundaries of the Skull Vaney Indian Reservstion, Utah, as established by Executive Order 1465, dated January 17,1912; Executive Order 2699, dated hp% 7,1917, and Executive Order 2809 dated February 15, 1918, and such other lands without och Reservation boundaries as may hereaRer be added thereto under any law of the United States, except as otherwise provided by law.
- 5. The County will provide a minimum of three (3) regular patrols per week on the 4
highway passing through the Skull VaDey Indian Reservation and into the Village on the Reservation as part of regular patrols. The County will also include areas of patrol as requested by the Skull Vaucy Tribal Government.
- 6. The County will immediately notify the CriminalInvestigator of the Uintah and Ouray Agency, Fort Duchesne, Utah, and the Federal Bureau ofInvestigations of d Federal offenses that occur within the boundaries of the Skull Vaucy Indian Reservation as set forth in paragraph 4 above. The County shall assist Federal law enforcement officials in the investigation of Federal J
ok.
- 7. The County will provide the following reports and records to assist the Bureau and i
Skull Vauey Band in preparing the Bureau's quarterly and annual statistical report:
- a. full investigation reports of all d*=-:=.ars and felonica occurring on the Reservation involving Indians;
- b. a booking log of all arrests made on the Reservation indicating (1) date of birth (2) age, (3) charges, and (4) disposition for each Indian offender, and
- c. a report on each incident responded to by the County on the Reservation.
- 8. The County shall be notified by telephone on alllaw enforcement matters, including emergencies.
- 9. The Bureau will pay five thousand five hundred dollars (55,500) for the County's services to be rendered April 1,1997, through March 31,1998. Should this agreement extend to additional years, the Bureau shall pay in April of each year the base sum of five thomand five hundred dollars (55,500), plus an amount equal to any percentage increase over the previous year in the Wasatch Front Cost of Living Index as published by First Security Bank, but not to exceed five percent (5%) in any given year. The Bureau will also pay the County thirty-five dollars Page 0G 1
($35.00) per day, or any portion thereof, per person for the incarceration ofpersons at the County detention facility pursuant to this agreement. The Bureau will also pay such prisoner's medical costs. The County shall bill the Bureau for such costs with an itemized invoice listing of the prisoners and days they spend at the County detention facility, and any medical costs incurred.
- 10. The Bureau agrees to commission the Tooele County Sheriff and designated deputy sheriffs as Bureau ofIndian Affairs Federal Law Enforcement Officers for the purpose of providing the services contained herein. The Skull Valley Band and the County agree to anow the County to call onto the Reservation such backup personnel from other law enforcement agencies as is necessary to carry out the terms of this agreement.
I1. The Bureau and/or Tribal Attorney will provide technical assistance to the County in matters dealing with Tribal Government, Reservationjurisdiction, Federaljurisdiction and related matters.
- 12. The County, the Bureau and the Skull Valley Band will review this a,wim; annually on or before Apnl 1" ofeach year for purposes ofevaluating the services and effectiveness of the agswn.em.
- 13. Any party to this agreement may cancel or terminate this agreement upon thirty (30) days written notice to the other parties.
- 14. The term of this agreement shall be for one (1) year commencing April 1,1997. It shall renew automatically thereafter for one year increments until such time as it is tenninated pursuant to paragraph 13.
- 15. ' The County recognizes that the Skull Valley Indian Reservation is a separate sovereign political entity independent of the State of Utah.
- 16. This contract is contingent upon the appropriation of funds by Congress.
BUREAU OF INDIAN AFFAIRS:
COUNTY OF TOOELE, UTAH ub Superintendent TERYL HCNSA'KER, Chairman Tooele County Commission
. Page.
SKULL VALLEY BAND OF ATTEST:
GOSHUTE INDIANS n
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DEMIS'D. EWINU,' Clerk
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Tribal secretary oy APPROVED AS TO FORM:
APPROVED AS TO FORM:
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D DANNY QUINTANA DOUGL4f J. @TROM~
Tribal Attorney Tooele County Attorney Approved as to form this day of
.1997.
Jev1-/ a.AL.-ov FRANK SCHARMANN Tooele County Sharif Page 06
TOOEl.E COUNTY TION CONTRACT #
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COOPERATIVE LAW ENFORCEMENT AGREEMENT (CLEA)
BETWEEN TOOELE COUNTY, THE BUREAU OF INDIAN AFFAIRS AND THE SKULL VALLEY l
BAND OF GOSHUTE INDIANS THIS AGREEMENT made and executed the day of
.1998, to be effective on the day of
.1998, by and between TOOELE COUNTY, a body politic and corporate of the State of Utah, (heremafter " County"), the BUREAU OF INDIAN AFFAIRS, (hereinafter called the " Bureau"), and the SKULL VALLEY BAND OF GOSHUTE INDIANS, (hereinafter called the
" Skull Valley Band").
WITNESSETH:
WHEREAS, the Skull Valley Band does not have all of the required resources and facilities to provide adequate law enforcement for the protection of the residents of the Skull Valley Reservation, Utah, and its resources; and WHEREAS, the Bureau and the Skull Valley Band desire to utilize the Tooele County
- Sheriffs department to provide law enforcement and detention for the Skull Valley Reservation, Utah, pursuant to Title 25, Code of Federal Regulations, Part II; and WHEREAS, the County is wdhng to provide the necessary services under certain terms and conditions.
NOW, THEREFORE, pursuant to Section 11-13-5, Utah Code Annotated 1953, and in consideration of mutual promises contained herein, and for other good and valuable consideration, the County, the Skull Valley Band and the Bureau, pursuant to its authority to provide for the maintenance oflaw enforcement services in Indian Country, hereby agree as follows:
1.
The County will provide all necessary qualified personnel for law enforcement and detention services covered in this agreement. The County recognizes that many non-Indians work or travel through the Skull Valley Indian Reservation requiring law enforcement patrols.
2.
The County is designated as the party to administer this agreement by and through the Tooele County Sheriff.
3.
The County will provide all equipment, materials and facilities required for conducting the enforcement and detention services set forth in this agreement, and in the event of the termination of this agreement for any cause, all equipment, materials and facilities shall remain in the possession and ownership of the County.
07
The County wiH be responsible to investigate, charge and incarcerate persone charged 4.
with or alleged to be in violation of all offenses, whether enumerated under 18 U.S.C. or the Skull Valley Band of Goshute Indians Tribal Code, committed within the boundaries of the Skull VaHey Indian Reservation, Utah, as established by Executive Order 1465, dated January 17,1912; Executive Order 2699, dated September 7,1917; and Executive Order 2809 dated February 15,1918, and such other lands without such Reservation boundaries as may hereafter be added thereto under any law of the United States, except as otherwise provided by law.
5.
The County will provide a minimum of three (3) regular patrols per week on the highway passing through the Skuu VaBey Indian Reservation and into the Village on the Reservation as part of regular patrols. The County will also include areas of patrol as requested by the Skull Valley Tribal Government.
6.
The County will irnmediately notify the Criminal Investigator ofthe Uintah and Ouray Agency, Fort Duchesne, Utah, and the Federal Bureau ofInvestigt.tions of all Federal offenses that occur within the boundaries of the Skull VaBey Indian Reservation as set forth in paragraph 4 above.
The County shall assist Federal law enforcement officials in the investigation of Federal offenses.
7 The County will provide the following reports and records to assist the Bseau and Skull Valley Band in preparing of the Bureau's quarterly and annual statistical report:
full investigation reports of all misdemeanors and felonies occurring on the a.
Reservation involving Indians; b.
a booking log of all arrests made on the Reservation indicating (1) date of birth, (2) age, (3) charges, and (4) disposition for each Indian offender; and a report on each incident responded to by the County on the Reservation.
c.
8.
The County shall be notified by telephone on all law enforcement matters, including emergencies.
9.
. The Bureau will pay five thousand six hundred dollars ($5,600) for the County's services to be rendered April 1,1998, through March 31,1999. Should this agreement extend to adlitional years, the Bureau shall pay in April ofesch year the base sum of five thousand six hundred dollars ($5,600), plus an amount equal to any percentage increase over the previous year in the Wasatch Front Cost of Living Index as published by First Security Bank, but not to exceed five parcent (5%) in any given year. The Bureau will also pay the Coumy thirty-five dollars ($35.00) per day, or any portion thereof, per person for the incarceration of persons at the County detention i
facility pursuant to this agreement. The Bureau will also pay such prisoner's medical costs. The County shall bill the Bureau for such costs with an itemized invoice listing of the prisoners and days they spend at the County detention facility, and any medical costs incurred.
Meleer Page 2 of 4 08
10.
The Bureau agrees to commission the Tooele County Sheriff and designated deputy shenffs as Bureau ofIndian Affairs Federal Law Enforcement Officers for the purpose of providing the services contained herein. The Skull Valley Band and the County agree to allow the County to call onto the Reservation such backup personnel from other law enforcement agencies as is necessary to carry out the terms of this agreement.
11.
The Bureau and/or Tribal Attorney will provide technical assistance to the County in matters dealing with Tribal Government, Reservationjurisdiction, Federal jurisdiction and related matters.
12.
The County, the Bureau and the Skull Valley Band will review this agreement annually on or before April 1st of each year for purposes of evaluating the services and effectiveness of the agreement.
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13.
Any party to this agreement may cancel or terminate this agreement upon thirty (30) days written notice to the other parties.
14.
The term of this agreement shall be for one (1) year commencing April 1,1998. It shall renew automatically thereafter for one year increments until such time as it is terminated pursuant to paragraph 13.
15.
The County recognizes that the Skull Valley Indian Reservation is a separate sovereign '
political entity independent of the State of Utah.-
16.
This contract is contingent upon the appropriation of funds by Congress.
BUREA OF INDIAN AFFAIRS:
COUNTY OF TOOELE, UTAH 2
&c Superintendelit T'ERYL HimMfiR, thairman Tooele County Commission SKULL VALLEY BAND OF ATTEST:
GOSHUTE INDIANS L
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Chair 1Inan of To
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beslage TE O Page 3 of 4 09
APPROVED AS TO FORM:
APPROVED AS TO FORM:
_55.f L/ N d2 /
t mr DANNY Q M DOUGLAS 9'Amim6M Tribal Attorney Tooele County Attorney Approved as to form this day of 4/64(
,1998.
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&n2 A bhm FRANK SCHARMANN Tooele County Sheriff 1
f bieley Page 4 of 4 10
MINUTES OF THE REGULAR MEETING OF THE TOOELE COUNTY BOARD OF COMMISSIONERS HELD SEPTEMBER 1,1998
/
The Chairman of the Board of County Commissioners called the meeting to order at 3:00 p.m. The Clerk called the roll which showed Commissioners Teryl Hunsaker, Chairman; Gary Griffith and Lois McArthur present. The time, place and agenda of the meeting had been provided to the Transcript Bulletin and to each member of the goveming body by delivering copies of the notice and agenda at least two days before to each of them.
Also present were Douglas Ahlstrom, Attomey and Marilyn Gillette, Deputy Clerk.
Dennis Ewing, Clerk was excused.
1.
MINUTES. Commissioner McArthur moved to approve the minutes of the Commission meeting held August 25,1998 and the public hearing held August 24,1998 as presented.
Conunissioner Griffith seconded the motion. All concurred.
2.
CHECK PRESENTED BY CH AMBER. Jack Howard and Sherrie
. Chamber of Commerce, presented a grant the Chamber received to assist in moving the Barrick Museum to the Deseret Peak Complex, for $13,000.
3.
JOYCE TATE PRESENTATION. Commissioner McAnhur presented Joyce Tate with a retirement gift and expressed the County's thanks for all of the work and dedication Joyce has given the county in her years of service. Chainnan Hunsaker said it is going to 1
be hard to replace Joyce.
4.
TAX ADJUSTMENTS. Commissioner Griffith moved to approve the following tax adjustments: A) Norman J. & Aaron J. Bate, JT, Serial #10-045-0-0059, residential exemption has not been applied since 1993 resulting in over-charge of taxes. Computer error now corrected, relief amount $561.67; B) Robert Ulmer, Serial # #09-000-0-0089, Deleted from State Assessment for 1990, this was also being assessed by the county.
Remove 1992 thru 1994 delinquencies plus penalties and interest. Relief amount,1992 -
$8.78,1993 - $8.64,1994 - $8.12; C) Grantsville City Corp., Serial #11-098-0-0026.
Waive penalty and interest. The tax bill was sent to Grantsville city and not forwarded to Mr. Didericksen. He is requesting that penalty and interest be waived; D) Phyllis Didericksen, Serial #11-098-0-0020, Lot 20, the Courtyard subdivision Ph 3, a subdivision of Grantsville City 0.30 acres; relief amount $237.06. Commissioner McArthur seconded the motion. All concurred.
5.
INVOICES. Commissioner Griffith moved to approve the warrants issued on August 28,1998 in the amount of $3,?92,796.96 - #984941 thru #985162. Commissioner McArthur seconded the motion. All concurred.
6.
DESERET PEAK COMPLEX. Mark McKendrick, Parks & Recreation, presented a bid for a double wide trailer to be put next to the Barrick Mine Museum from GE Capital for $51,986.00. Commissioner McArthur moved to approve the purchase of a double wide module for $51,986.00. Commissioner Griffith seconded the motion. All concurred.
7.
SIDEWALK BID PROPOSAL AROUND ROAD SHOP. Rod Thompson, Roads / Shops, presented two bids he received for putting sidewalks from the comer of 9th South along Coleman to the bus garage. Other bids were solicited, but none were received. Commissioner Griffin moved to approve the award of the sidewalk bid to Oguirth Concrete Construction fu $5,5059.25.
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8.
BID FOR GRADER BLADES FOR ROADS / SHOPS. Rod Thompson, Roads / Shops, presented bids from three c:mpanies for snow plow blades for this winter.
Commissioner Griffith moved to cpprove the purchase of grad:r blad:s from Komatsu Equipment Co. for rpproximately $10,000. Commissioner McArthur seconded the motion. Allconcurred.
9.
RESOLUTION 98 APPROVING AND AUTHORIZING THE COOPERATIVE LAW ENFORCEMENT AGREEMENT (CLEA) BETWEFli TOOELE COUNTY.THE BUREAU OF INDIAN AFFAIRS AND THE SKULL VALLEY BAND OF GOSHUTE INDIANS. Attorney Ahlstrom exnla ned that the i
contract is already in place, but needs to be approved by resolution. Ce tissioner McArthur moved to approve Resolution 98 Approving and Authoriug the Cooperative Law Enforcement Agreement (CLEA) Between Tooele County, the Bureau ofIndian Affairs and the Skull Valley Band of Goshute Indians. Commissioner Griffith seconded the motion. All concurred.
10.
RESOLUTION 98 APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN TOOELE COUNTY AND WEST WENDOVER, NEVADA FOR CLOSED LANDFILL MAINTENANCE.
Attorney Ahlstrom discussed this with the Commission. Commissioner McArthur moved to approve Resolution 98 Approving and Authorizing the Execution of an Interlocal Agreement Between Tooele County and West Wendover, Nevada fhr Closed Landfill Maintenance. Commissioner Griffith seconded the motion. All concurred.
11.
BESOLUTION 98 APPROVING AND AUTHORIZING THE INTERLOCAL AGREEMENT BETWEEN TOOFLE COUNTY - WENDOVER CITY TRANSFER OF WENDOVERNRPORT. Attomey Ahlstrom discussed this with the Commissioner. Commissioner Gridith moved to approve Resolutior 98 Approving and Authorizing -Interlocal Agrrement between Tooele County - Wendover City Transfer of Wendover Airport. Commissioner McArthur seconded the motion. All concurred.
Mr. Jenkins, Wendover, Utah, discussed some concems he has with Wendover, Utah and Wendover, Nevada and asked the Commission to look into his concerns. They included a sewer line that runs from Utah into Nevada, from which Nevada waters its ground but Utah is still a desert; an allegation that an inspection made of the airport construction was done by an unlicensed individual; fraud by the Wendover City Council; and too inexpensive housing run by the casinos which make it impossible for him to compete.
Commissioner Hunsaker explained to Mr. Jenkins that Tooele County has no authority over Wendover, Utah not Wendover, Nevada. The inspection at the airport, which would be the county's only concem, was most likely done under a licensed engineer's approval.
Unless some proof or documentation is provided, there is nothing the county can do.
12.
CONTRACT REVIEW. A) Contract #90-10-06 Tooele County Property Use Agreement-TC/ Babe Ruth Baseball; B) Contract #95-09 Tooele City Fire Department, TC Sheriff, TCEM - Use of Siren System; C) Contract #96-09 Challenge Cost-Share Agreement /Wasatch-Cache National Forest, USDA-Forest Service D) Contract #91 11-01 -Lease Agreement-Grantsville Senior Citizens will all be reviewed again next year.
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13.
ZIONS DEPOSITORY AGREEMENT. Attorney Ahlstrom presented this to the Commission. The agreement will put contract money into an escrow account while the l
airport construction is being completed. Commissioner Griffith moved to approve the j
Depository Agreement between Zions First National Bank and Tooele County.
1 Commissioner McArthur seconded the motion. All concurred.
14.
ADJOURN. Commissioner McArthur moved to adjourn the meeting. Commissioner Griffith seconded the motion. All concurred.
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