SAN JUAN COUNTY COMMISSION MEETING OCTOBER 25, 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 Ty Lewis, Commissioner Norman L. Johnson, County Clerk Dara Whatcott, Deputy Clerk Absent: Manuel Morgan, Vice Chairman Rick Bailey, Administration Assistant A motion to approve the Minutes for October 18, 2004 meeting as corrected was made by Commissioner Ty Lewis. Commissioner Lynn Stevens seconded. None opposed. Commissioner Lynn Stevens declared motion carried. Personnel Department Report: Up-grade Salary: Walter Bird presented a request from the surveyor Department to upgrade Kent Cantrell from a Grade 13 step 112 $2,173.00 to Grade 15 step 130 $2,353.00. Commissioner Ty Lewis motioned to approve the upgrade to Grade 15 step 130 $2,353.00. Commissioner Lynn Stevens seconded the Motion. None opposed. Commissioner Lynn Stevens declared the motion carried. Planner Evan Lowry's Report: The Forest Service is having a Open House on November 3, 2004 on the Forest Management Plan in the Commission Room from 4:00- 7:00 P.M. Comments are due on December 21, 2004. The Public Land Meeting will be on October 28, 2004 in the Commission Room at 7:00 P.M, and they will be talking about the Master Plan. Administrative Assistant Rick Bailey's Report: Melissa Slade is standing in for Rick Bailey. Building Permits: Melissa Slade presented four building permits. Two are for McElhaney Constructions in the Spanish Valley area for Jared & Heather Palmer and for Kenneth & Lizabeth Hill, one for Roger & Marilyn Low in Monticello,. one for a root cellar for Betty Palmer in Monticello. Commissioner Ty Lewis motioned to approve the Building Permits. Commissioner Lynn Stevens seconded. None opposed. Commissioner Lynn Stevens declared the motion carried. Open Time and Other Business: City of Monticello: Gregory Martin, assistant city manager presented a request for the Lions Club to extend their building to include a storage area. The building sits on County land. Commission would like to know the history of the Lions Club Building , at the Fairgrounds. Commissioner Reports: Commissioner Lynn Stevens: Commissioner Stevens attended the RS2477 Meeting in Salt Lake City all day Thursday October 21, 2004. Commissioner Ty Lewis: Commissioner Ty Lewis was not able to attend the meetings last week and this week will be out of town. Commissioner Ty Lewis mentioned the San Juan Forum Meeting in Farmington, New Mexico on Friday October 29, 2004 need some one to attended. Commissioner Adjourned for 10 Minutes: Reconvene for Public Hearing on Pretty Shield: Gordan Birch and Ryan Bejerke presented the commission with a resolution for Pretty Shield Foundation. Commissioner Ty Lewis motion to approve a resolution authorizing the proposed issuance by Sanpete County , Utah revenue bonds in one or more series, in an aggregate principal amount not to exceed $35,000,000. Commissioner Lynn Stevens seconded. None opposed. Commissioner Lynn Stevens declared motion carried. RESOLUTION NO. 2004-05 A Resolution approving the proposed issuance by Sanpete County, Utah of its revenue bonds in one or more series, in an aggregate principal amount not to exceed $35,000,000. WHEREAS, pursuant to the provisions of the Utah Industrial Facilities and Development Act (Chapter 17 of Title 11, Utah Code Annotated 1953, as amended) (the "Facilities Act"),Sanpete county, Utah (the "Issuer") is authorized to issue revenue bonds for the purposes specified in the Facilities Act and to loan the proceeds thereof 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, or its designee ( "Pretty Shield"), to finance, refinance or provide reimbursements for the acquistion, construction and equipping of facilities suitable for such purposes (the "Facilities"); and WHEREAS, pursuant to the provisions of the Interlocal Cooperation Act ( Chapter 13 of Title 11, Utah Code Annotated 1953, as amended), the Issuer, San Juan County, Utah, and Wayne County, Utah, propose to enter into the Interlocal Cooperation Agreement, dated as of October 1, 2004, which provide for the issuance by Issuer of revenue bonds on behalf of itself, San Juan County, Utah and Wayne County, Utah, to finance, refinance or provide reimbursement for the acquisition, construction and equipping for the Facilities; and WHEREAS, the Issuer proposes to issue its revenue bonds ( the "Bonds") in one or more series over the longest period permitted by law and in an aggregate principal amount not to exceed $35,000,000 and loan the proceeds of the Bonds to Pretty Shield in order to (I) finance, refinance or reimburse Pretty Shield for its prior payment of, the costs of acquiring, constructing and equipping certain of the Facilities described below which are or will be owned by Pretty Shield, (ii) fund a debt service reserve fund, if deemed advisable by the Issuer and Pretty Shield,(iii) making an initial deposit to an operation and maintenance fund to provide for initial operating expenses, and (iv) pay certain expenses incurred in connection with the issuance of the Bonds, including any premium and fees associated with the credit or liquidity enhancement of the Bonds, if credit or liquidity enhancement is deemed advisable by the Issuer and Pretty Shield; and WHEREAS, the proceeds of the Bonds will be used to finance, refinance or reimburse the costs of acquiring, constructing, improving or renovating the Facilities listed below and the costs of acquiring equipment (including, but not limited to, computer equipment, office equipment and general building equipment and fixtures) to be used at the Facilities described below, a general functional description, the location of each such facility, and the estimated maximum aggregate face amount of Bonds to be issued with respect to each such facility; Sanpete County, Utah: Spring Mountain Academy, an approximately 120 bed residential treatment facility for youth with mental, emotional and behavioral disorders, located 7 miles Southeast of Mt. Pleasant, Utah on 539 acres of land in the Whispering Pines Community. Approximately $23,000,000 of the Bond will be issued with respect to the Spring Mountain Academy. San Juan County, Utah: Wilderness Academy, a facility providing adventure therapy for approximately 50 youth with mental, emotional and behavioral disorders per month, located at 580 North Main Street, in Monticello, Utah. Approximately $3,000,000 of the Bonds will be issued with respect to the Wilderness Academy. Wayne County, Utah: Boulder Mountain Ranch, consisting of 10 family residential treatment units for youth with mental, emotional behavioral disorders and their parents, located 5 miles Southeast of Torrey, Utah off of Highway 12 on 45 acres of land, which is the last piece of private property prior to National Forest Service land. Approximately $9,000,000 of the Bonds will be issued with respect to the Boulder Mountain Ranch. WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, a amended (the "Code"), requires approval by the Board of County Commissioners of San Juan County, Utah of the proposed issuance of the Bonds after a public hearing following reasonable public notice; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, UTAH , AS FOLLOWS: Section 1. This Board on October 25, 2004 conducted a public hearing regarding the proposed issuance of the Bonds by the Issuer in an aggregate principal amount not to exceed $35,000,000 for the purposes described in the preamble hereto. At said hearing all persons who requested to be heard were allowed a full opportunity to express their views concerning the propsed plan of refinancing for the facilities described in the preamble hereto. In addition, all persons who sought to do so were allowed a full opportunity to submit their views in writing prior to said hearing. Section 2. This Board, as the "applicable elected representative" under Section 147 (f) of the Code, hereby approves the issuance of the Bonds in one or more series over the longest period permitted by law and in an aggregate principal amount not to exceed $35,000,000 for the purposes described in the preamble hereto. PASSED AND APPROVED by the Board of County Commissioners of San Juan County, Utah, this 25th day of October, 2004. BOARD OF COUNTY COMMISSIONERS, SAN JUAN COUNTY ,UTAH [SEAL] BY _______________________________ Chairman ATTEST AND COUNTER SIGN: ______________________________ County Clerk/Auditor APPROVED AS TO FORM: BY_________________________________ County Attorney Bill Approved for payment: Adams, Vance E. 20.00 Alco Discount Store 16.18 American Girl 39.95 AT & T Wireless 61.23 AT &T-78225 95.17 AT & T 45.21 Birds & Blooms 12.98 Blanding Senior Center 42.85 Blue Mountian Meats Inc. 119.35 Burton Black 131.32 Carroll, Vee 294.75 CBM Service Center 50.50 CDW Government 1,225.81 Celluar One 10.40 CEU-San Juan Campus 215.10 Chamberlin Architects 117.00 Connected Technologies 750.00 Creating Keepsakes 24.97 DecisionOne Corporation 1,971.37 Demco Media 77.73 Electro-Comm Distributing, Inc. 16.73 Emergency Medical Products Inc. 68.00 Erickson, Peggy 47.52 Franklin Convey Co. 71.75 Frontier 573.74 Fullmer, Kyle 20.00 Galls Incorporated 1,323.33 Grand Valley Foods 246.49 Grand Valley Oxygen, Inc. 15.00 Holliday, Chavis Z. 20.00 Home Magazine 14.00 Ingram Library Service 220.67 Intermountain Drug Testing 390.00 Intermountain Farmers Assoc. 386.74 J.J. Keller & Associates 66.40 JCI Billing Services 816.00 Johnson Norman L. 210.00 Joyce Guymon Smith 206.44 Keyes, Jim 360.13 La Sal Recreation Service Dist. 600.00 Le Blanc, Heidi 58.29 Legacy Imagery 106.50 LexisNexis 420.00 MCM, an InOne Company 170.91 Meadow Gold Dairies, Inc. 210.00 Mexican Water Chapter 225.00 Mexican Water Trading Post 250.00 Midwest Tape 43.11 Miscellaneous Payables 10.00 Miscellaneous Payables 110.00 Miscellaneous Payables 70.00 National 4-H Council 42.48 Newsweek 27.00 Nicholas & Company 734.92 Nielson, Jonathan 20.00 Pack-o-Fun 36.97 Palmer's Retail, Inc. 219.80 Penworthy Company 202.25 Perkins, David 20.00 Perkins, Kylor 20.00 Pitney Bowes 378.00 Pitney Bowes Purchase Power 983.59 Pruitt Gushee 10,893.72 Questar Gas 1,528.34 Quill Corporation 59.93 Radio Communications, Inc. 50.00 Randy's Auto 12,300.00 Regence BlueCross BlueShield 78,956.92 Regence Life & Health Ins. 1,185.75 San Juan County 10,618.31 San Juan Pharmacy 41.99 San Juan Record 9.30 Schaechter, Valerie 156.00 Schultz, William L. 57.87 Shoreline Creations, Ltd. 600.00 Shumway, Kendall 200.00 SJC Monticello Library 96.27 State of Utah 300.00 State of Utah 297.00 Sterling Codifiers, Inc. 1,750.00 Stevens, Lynn 446.00 Sysco Intermountain Foods Svc. 1,038.91 Taste of Home 29.98 Taste of Home 11.98 Tel America, Inc. 8.69 Utah Association of Counties 380.00 Utah Power 99.03 Utah Section SRM 25.00 Utah State Fair 100.00 Verizon Wireless, Bellevue 202.72 Xpedx 2,592.32 Yazzie, Dianna 98.00 Young, Dayna 265.00 Zanios Foods 180.61 Adjourned at 12:15 P.M. _____________________________ ____________________________ Lynn Stevens, Chairman Dara Whatcott, Deputy Clerk