SAN JUAN COUNTY COMMISSION MEETING SEPTEMBER 27, 2004 The regular meeting of the San Juan County Commission was held at 10:00 A.M. in the Commission Room at Monticello, Utah. Present: Lynn Stevens, Chairman Manuel Morgan, Vice Chairman Ty Lewis, Commissioner Norman Johnson, County Clerk Dara Whatcott, Deputy Clerk Absent: Rick Bailey, Administration Assistant A motion to approve the minutes for the September 7 and 13, 2004 meeting as corrected was made by Commissioner Ty Lewis . Commissioner Manuel Morgan seconded the motion. None opposed. Commissioner Lynn Stevens declared the motion carried. Rural Action Agenda: Bill Boyle is on the Governor's Rural Partnership Board. The Board is working on a Preliminary Rural Action Agenda to give to the legislator. There will be meetings through out the state and one is here in the Commission Room on October 8, 2004 at 1:00 P.M. ITS Update: John Fellmeth presented an update on the status of the Network system, he requested two bids. One is for a Laptop Computer, Dartek for $1339.98 or Dell for $2199.00. The other bid is for a Tungsten Handheld wireless, Amazon for $333.99 or New Egg for $344.00. Commissioner Ty Lewis motioned to approve the bid for Dartek- Laptop Computer of $1339.98, and Amazon- Tungsten Handheld wireless of $333.99. Commissioner Manuel Morgan seconded the motion . None opposed. Commissioner Lynn Stevens declared the motion carried. Final BOE Approval: County Assessor, Howard Randall presented the final completed equalization adjustments. Commissioner Ty Lewis motioned to go into Board of Equalization. Commissioner Manuel Morgan seconded the motion. None opposed. Commissioner Lynn Stevens declared the motion carried. Commissioner Ty Lewis motioned to approve the final completed adjustments as approved at the Board of Equalization in August. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Commissioner Manuel Morgan motion to go out of Board of Equalization. Commissioner Ty Lewis seconded the motion. None opposed. Commissioner Lynn Stevens declared the motion carried. The complete list is attached as a part of the Minutes. Personnel Department Report: Holiday Preference: Personal secretary Lillian Bayles indicated that the County Courthouse employees would like to work on Columbus Day, October 11, and have the Friday after Thanksgiving off. Commissioner Manuel Morgan motioned to approve the Courthouse employees working on Columbus Day and have the Friday after Thanksgiving off. Commissioner Ty Lewis seconded, but he would like to have it advertised in the paper and posted around the Courthouse to advise the public. None opposed. Commissioner Lynn Stevens declared a motion carried. Human Resources Assistant: Lillian requested permission to place an ad In House for this position, as she has accepted another job and will be leaving the county. The commissioners expressed appreciation for her years of service. Payroll Change: Lillian requested a Payroll Change for Boyd Laws. he will be a Assistant Foreman (south shed) step156, $2642.00 to step162, $2,721.00. Commissioner Ty Lewis motioned to approve the Payroll Change for Boyd Laws. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Planner Evan Lowry's Report: Evan reported that the BLM - Moab will be here for a meeting today September 26, 2004 at 12:30. Administrative Assistants Rick Bailey's Report: Melissa Slade is representing Rick Bailey. Building Permits: Building Permits were presented for Quinn and Stormy Palmer for a home in Blanding. Commissioner Ty Lewis motioned to approve the Building Permit to Quinn and Stormy Palmer. Commissioner Manuel Morgan seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Update on Aging: Melissa stated the people from the State Board of Aging came down last week and she took them to see the Bluff and Blanding Senior Center. They had their monthly meeting with them, and everything went well. Oscar Samadeni Presentation: Oscar Samadeni has been a cooperative weather observer for the National Weather Service for 55 years and was presented the Benjamin Franklin Award from Doug Crowley of the National Weather Service Office. He also read a letter from David L. Johnson, Administrator for the National Weather Service, to congratulate Oscar of his services and dedication in helping the National Weather Service. Storm Ready Designation: Doug Crowley recognized San Juan County as being the second county in Utah to reach the Storm Ready Designation. Doug and his team wanted to come down and introduce themselves to the commission and to give the county signs to put up in the county with the Storm Ready Designation. Pretty Shield: Gordon Birch and Ryan Bejerke introduced themselves and the Pretty Shield Foundation. The Pretty Shield Foundation is a program to help Native American Youth. Gordon Birch is the President of Pretty Shield. Ryan Bejerke is an Attorney from Chapman and Cutler representing Pretty Shield. It is the corporations intent to have three areas which will provide help for the youth. They are in San Juan County, Wayne County and Sanpete County. Pretty Shield is a non profit 501 (C)(3) foundation. They are requesting San Juan County conduct a Public hearing on October 25, 2004 during Commission Meeting. The purpose of the hearing will be to consider the approval of certain Bonds and an inter local cooperative Agreement relating to the use of funds in the three Counties. In San Juan County the intent is to purchase Wilderness Quest, a Monticello based program and expand its operation over the next few years from the present 30 employees to around 50. Commissioner Ty Lewis motioned that the San Juan County adopt a Resolution approving the aurthorizing the execution of the interlocal cooperation agreement, dated as of October 1, 2004, among San Juan County, Utah , Sanpete County, Utah, and Wayne County, Utah: calling a public hearing on October 25, 2004: and related matter. Commissioner Manuel Morgan seconded. None opposed Commissioner Lynn Stevens declared motion carried. RESOLUTION NO. 2004-04 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERLOCAL COOPERATION AGREEMENT, DATED AS OF OCTOBER 1, 2004 AMONG SAN JUAN COUNTY, UTAH, SANPETE COUNTY, UTAH AND WAYNE COUNTY, UTAH: CALLING A PUBLIC HEARING ON OCTOBER 25, 2004; AND RELATED MATTERS. *** *** *** WHEREAS, pursuant to the Utah Industrial Facilities and Development Act, Title11, Chapter 17, Utah Code Annotated 1953, as amended (the "Facilities Development Act"), San Juan County, Utah, is authorized to issue bonds to provide funds for loans to finance, refinance, to provide reimbursement for, the acquisition or construction of facilities ("Facilities") suitable for use in business, lodging, recreation, and providing for the care of persons with a physical or mental disabilty, including administrative and support facilities, and thereby stimulating the ecomonic growth of and promoting employment in the State of Utah (the "State"); and WHEREAS, in order to accomplish such purposes, to accomplish economies of scale and other cost savings, the Facilities Development Act authorizes cities and counties ("Public Agencies") to enter into an interlocal cooperation agreement pursuant to the Interlocal Cooperation act, Title 11, Chapter 13, Utah Code Annotated 1953, as amended (the "Interlocal Cooperation Act"), to provide for the issuance of bonds under the Facilities Development Act by one of the signatories to the interlocal agreement on behalf of all of the signatories thereto to finance, refinance, to provide reimbursement for, the acquisition or construction of Facilities; and WHEREAS, the interlocal Cooperation Act provides that any power that may be exercised by any Public Agency may be exercised and enjoyed jointly with other Public Agencies and authorizes such Public Agencies to enter into interlocal cooperation agreements with one another in order to make the most efficient use of their powers by enabling them to cooperate with each other on a basis of mutual advantage and thereby to provide Facilities in a manner and pursuant to forms of governmental organization that will accord best with the factors influencing the needs and development of local communtities and to provide the benefit of economies of scale for the overall promotion of the general welfare of the State; and WHEREAS, in order to accomplish the purposes of the Facilities Development Act and the Interlocal Cooperation Act, Sanpete County, Utah (the "Issuer") intends (a) to issue its revenue bonds (the "Bonds") pursuant to the Facilities Development Act and the Interlocal Cooperation Agreement, dated as of October 1, 2004, and attached hereto as Exhibit A ( the "Interlocal Agreement"), and (b) pursuant to the terms of the Interlocal Agreement, to loan the proceeds of the Bonds to the Pretty Shield Foundation, a Montana nonprofit corporation engaged in business, lodging, recreation, and providing for the care of youth with mental, emotional and behavioral disorders ( "Pretty Shield"), or its designee, to finance, refinance or provide reimbursement for the acquisition, construction and equipping of Facilities located or to be located within the boundaries of any Public Agency which is a signatory to the Interlocal Agreement; and WHEREAS, San Juan County, Utah (the "County") wishes to participate in the program of financing contemplated by the Interlocal Agreement by becoming a signatory thereto; and WHEREAS, the Interlocal Cooperation Act and the Interlocal Agreement require that prior to the entry into force of the Interlocal Agreement, appropriate resolutions must be adopted by the governing body of each of the Public Agencies which are signatories thereto; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that a public hearing be held with respect to the issuance of the Bonds and that notice of such public hearing be given as provided by such Section and , in satisfaction of such requirement, the City desires to publish a Notice of Public Hearing ( the "Notice of Public Hearing") pursuant to such Section; and WHEREAS, the County desires (a) to provide for the holding of a public hearing and (b) to direct the publication of the Notice of Public Hearing, as required by law; NOW, THEREFORE, BEIT RESOLVED BY THE BOARD OF COUNTY COMMISSIONER OF SAN JUAN COUNTY, UTAH, AS FOLLOWS: Section 1. The County hereby finds and determines that the execution and delivery of the Interlocal Agreement by the County and the loaning of the proceeds of the Bonds by the Issuer to Pretty Shield to finance, refinance or provide reimbursement for the acquisition, construction and equipping of Facilities located within the boundaries of the County is in furtherance of the public purposes set forth in, and is in compliance with the provisions of , the Facilities Development Act and the Interlocal Cooperation Act and that, therefore, providing for the financing, refinancing or reimbursement for the acquisition, construction and equipping of such Facilities from a portion of the proceeds of the Bonds is in the public interest and will serve and further the public purposes of the Facilities Development Act and the Interlocal Cooperation Act. THE BONDS SHALL NOT CONSTITUTE OR GIVE RISE TO A GENERAL OBLIGATION OR LIABILITY OF THE ISSUER OR THE COUNTY OR A CHARGE AGAINST THE GENERAL CREDIT OR TAXING POWERS OF THE ISSUER OR THE COUNTY. Section 2. The Interlocal Agreement is hereby approved in substantially the form thereof which is before the Board of County Commissioners of the County ( the "Board") at the meeting at which this Resolution is being adopted, and the Chairman of the Board is hereby authorized and directed to execute, acknowledge and deliver the Interlocal Agreement on behalf of the County in substantially the form thereof which is before the County Clerk/Auditor at the meeting at which this Resolution is being adopted. The County Clerk/Auditor is hereby authorized and directed to affix the official seal of the County to the Interlocal Agreement and to attest said seal and the execution of the Interlocal Agreement. Section3. The Board hereby authorizes and directs the Chairman of the Board, the County Clerk/Auditor and the County Attorney to do all such acts and things and to execute, acknowledge and deliver all such documents on behalf of the County as may be necessary to carry out and comply with the provisions of this Resolution and the Interlocal Agreement. The County Clerk/Auditor is hereby authorized and directed to affix the official seal of the County to any or all of such documents and to attest said seal and the execution of such documents. All of the acts and doings of the Chairman of the Board which are in conformity with the intent and purposes of this Resolution, whether heretofore or hereafter taken or done, shall be and are hereby ratified, confirmed and approved. Section 4. The County understands and agrees that, pursuant to the terms and conditions contained in the Facilities Development Act, the Interlocal Cooperation Act and the Interlocal Agreement, and Public Agency ( whether heretofore or hereafter created in accordance with the laws of the State) may join in the Interlocal Agreement at any time prior to the expiration thereof and that such Public Agency shall enjoy rights under the Interlocal Agreement on an equal basis with the County, as provided in the Interlocal Agreement. Section 5. In accordance with the provisions of Section 147 (f) on the Internal Revenue Code of 1986, as amended, the County must hold a public hearing with respect to the issuance of the Bonds. Such public hearing will be held at the County's October 25, 2004 regular meeting at _____A.M. The County Clerk/Auditor shall cause the notice of public hearing in substantially the form attached hereto as Exhibit B, to be published one time in The San Juan Record at least fourteen (14) days prior to such public hearing. Section 6. It is hereby declared that all parts of this Resolution are severable, and if any section, paragraph, clause or provision of this Resolution shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect the remaining provisions of this Resolution. Section 7. All resolutions, orders and regulations or parts thereof heretofore adopted or passed which are in conflict with any of the provisions of this Resolution are, to the extent of such conflict, hereby repealed. Section 8. This Resolution shall satisfy the requirements of Sections 11-13-202 and 11-13-202.5 of the Interlocal Cooperation Act. In accordance with Section 11-13-209 of the Interlocal Cooperation Act, a copy of the Interlocal Agreement, executed by the Issuer and the County, shall be filed with the County Clerk/Auditor. Section9. This Resolution shall become effective immediately upon its approval and passage. PASSED AND APPROVED by the Board of County Commissioners of San Juan County, Utah, this 27th day of September, 2004. BOARD OF COUNTY COMMISSIONERS, SAN JUAN COUNTY, UTAH [SEAL] By__________________________________ Chairman ATTEST AND COUNTERSIGN: ______________________________ County Clerk/ Auditor APPROVED AS TO FORM: By_____________________________________ County Attorney Open Time and Other Business: BLM: Commissioner Lynn Stevens had some questions on the BLM/Forest proposed to Co-locate them into one Building. Sandy Meyers was present and she said that there were some concerns from the County and the City of Monticello. She going to talk with her supervisor State Director, Sally Wisely. She will bring more information to the commission in the next few weeks. Commission Reports: Commissioner Lynn Stevens went to a RS2477 Executive Committee meeting last week Commissioner Stevens went to a UAC Meeting, September 22, 23 and 24,2004. September 28, 2004 Commissioner Stevens has a Southwest Area Public Health meeting. Commissioner Stevens will attend a Four Counties Meeting in Bullfrog this Thursday and Friday, September 30th and October 1st. On October 21, 2004 Commissioner Stevens will attend a Executive RS2477 Meeting in Salt Lake City. Commissioner Manuel Morgan went to Washington D.C. for the Opening of the National Museum of the American Indian this last week. Commissioner Morgan attended the Utah Navajo Fair in Bluff - September 17 & 18, 2004. Commissioner Morgan will attend a Four Counties Meeting in Bullfrog this Thursday and Friday, September 30th and October 1st. Commissioner Ty Lewis will attend a Four Counties Meeting in Bullfrog this Thursday and Friday, September 30th and October 1st. September 29, 2004 Commissioner Ty Lewis will attend Transportation Service District meeting. Commissioner Lewis will attend the Revitalization meeting Monday October 4, 2004. Commissioner Lewis will attend a AOG Meeting in Price on October 21, 2004. Bills Approved for Payment 4 Corners Electric 462.71 Alco Discount Store 29.87 Amerigas-Blanding 19.36 AT&T 48.96 AT&T OneNet Service 338.41 Backyard Living 12.98 Bailey, Jana 140.88 Big O Tires 142.89 Bird, Walter 42.75 Black Oil Company 5.80 Blake, Shelly 25.00 Blanding City 1,000.00 Blanding Justice Court 766.85 Blue Mountain Foods 167.26 Blue Mountain Meats, Inc. 676.10 Blue Mountain Panorama 1,088.91 Blue Mountain Shadows 312.50 Bluff Fire Department 996.00 BookCliff Sales Inc. 79.41 Boyle, Lynda C. 41.50 Brantley Distributing, LLC. 476.15 Bunker, Bruce 536.01 Bureau of EMS 700.00 Butler, Troy 10.00 Carroll, Vee 49.50 Cellular One 10.40 CEU-San Juan Campus 778.84 Christensen, Scott 40.00 Costco 85.28 Cystal Inn 204.00 Days Inn Airport 50.00 Demco Media 590.38 Demco Media 321.30 Department 104901 296.24 DK AG& Auto 100.72 Double D Bolt 16.01 Dove Creek Press 326.40 Earthgrains Baking Company 139.14 Empire Electric Assoc. Inc. 3,167.59 Endter, Robert 150.00 Factory Parts Express 15.79 Factory Parts Express 123.73 Fairfield Inn, St. George 138.00 Fawson, Doug 46.00 Ferrellgas 197.61 Fire Protection Publications 522.95 Flower Shop 100.00 Four Corners Inn 322.00 Four Corners Welding & Gas 158.09 Four States Tire & Service 992.84 Freestone, Alan 18.00 Frontier 3,107.72 Fullmer, David 150.00 Fullmer, Kyle 150.00 Gale Group 65.09 Galls Incorporated 160.94 Gines, Seresa 150.00 Goulding's 180.00 Grand County Clerk 25,509.45 Grand Valley Foods 280.76 Gritton & Associates 313.42 Harris, Diane B. 135.49 Harvey, Cheryle 25.00 Hensley Battery & Electrical 164.95 Holiday Inn-Price 69.00 Holliday Construction Inc. 43,687.57 HydraPark Seals, Inc. 198.21 Ingram Library Services 109.66 Intermountain Farmers Assoc. 413.76 Intouch Paging 48.72 J.C. Hunt Co, Inc. 1,574.17 JCI Billing Service 1,326.00 Johnson, Charlotte 150.00 Johnson, Jeremy W. 150.00 Johnson, John L. 150.00 Johnson, Kira 150.00 Johnson, Norman L. 105.75 Kinko's 1,389.18 KISZ-FM 560.00 Koch Performance Asphalt 5,244.87 KRTZ-FM 520.00 LAGBRAU 500.00 LaMonica's Restaurant 196.40 LaQuinta Inn & Suites 225.89 Larry H. Miller Chevrolet 208.24 Larry H. Miller Ford Parts 175.55 Latham, Lana 30.37 Legacy Imagery 119.00 LeixsNexis 2,520.00 Lyle Northern Electric, Inc. 30.98 Lyman, Bruce 150.00 Lyman, Clisbee 150.00 Magic Chemical Company 133.18 Meadow Gold Dairies, Inc. 615.30 Meloy, Ellen 43.75 Merkel, Richard J. 67.16 Mesa Supply Companies 202.15 Miscellaneous Payables 150.00 Miscellaneous Payables 13.00 Miscellaneous Payables 393.00 Miscellaneous Payables 32.00 Miscellaneous Payables 57.66 Moab Communications 500.00 Montella's Repair Inc. 24.95 Monticello Foundation 600.00 Monticello Home & Auto Supply 372.67 Monticello Justice Court 399.00 Monticello Mercantile 7.58 Motor Parts 1,095.20 Motorola Inc. 215.00 Mueller, Lou 339.16 Navajo Mountain Chapter 1,022.60 Navajo Tribal Utility Authority 112.10 Navajo Utah Commission 500.00 Navajo Westerners 231.33 New Country Auto Center 112.19 Nicholas & Company 1,347.49 Nina's Discount Oldies 102.95 Nuts & Volts 24.95 Oak Cottage Floral 35.00 Orkin Exterminating Co. Inc. 173.51 Pacific Plumbing Specialities 90.87 Palmer's Retail, Inc. 533.88 Perkins, Monty 49.00 Peterson, Maureen 110.00 Pierce, Danielle 328.04 Plateau Equipment Supply Co. 255.49 Precis Communications 52.94 Questar Gas 669.21 Quill Corporation 783.43 Red Mesa Chapter 880.00 Redd,L. Howard 150.00 Redd's True Value 54.98 Regence BlueCross BlueShield 72,851.47 Regence Life & Health Ins. 1,203.29 Rocky Mtn. Home Care 19,907.74 Ross Products, Inc. 381.00 San Juan County Road Dept. 32.08 San Juan Pharmacy 1,185.69 San Juan Record 2.70 Schaechter, Valerie 136.50 Schultz, William L. 344.59 Semi Service Inc. 910.00 SJC Surveyors 54.23 Slade, Melissa 104.00 Southeast Ut. Dist, Health Dept. 13,496.75 Southerland, Sarah 275.40 State of Utah 5,530.00 Sterling Trucks of Utah 166.57 Stevens, Lynn 290.00 Sutton, Katie Anne 266.76 Swenson, Linda 74.50 Sysco Intermountain Food Svc. 2,912.16 TelAmerica, Inc. 66.04 TescoWilliamsen 334.72 Tessco Technologies 110.59 Tom Growney, Equip., Inc. 344.80 TR Electric & Supply Company 141.07 UniFirst Corporation 246.89 Unique Truck Equipment, Inc. 214.20 United State Postal Service 4,000.00 USU 70.00 Utah Power 333.63 Verizon Wireless, Bellevue 259.31 Viking Office Products, Inc. 59.32 Wal-Mart Community 33.61 White Mesa Administration 1,081.50 Woody's Enterprises, LTD 9.95 Young's Machine Co. 95.50 Zanios Foods 1,258.96 Alco Discount Store 119.99 Monticello Home & Auto Supply 29.90 Nicholas & Company 493.91 Alco Discount Store 92.09 Adjournment: The meeting adjourned at 1:06 P.M. _____________________________ ____________________________ Lynn Stevens, Chairman Dara Whatcott, Deputy Clerk