Concerns Are Presented Over Legality Of Fair Board BylawsMarch 23rd, 2009
By Linda Kor During the March 11 meeting of the Navajo County Fair Board of Directors, board member Wendell DeCross brought up a concern that the board’s bylaws may not be consistent with the organization’s arti-cles of incorporation. The concern stems from the recent issue in which a vote for board president in January resulted in a tie since the board president is not a voting member. In February, two additions to the bylaws were introduced, including that the president is a non-voting member, except in the case of a necessary tiebreaker; and that directors and officers who are elected at the annual meeting shall take office at the first regularly scheduled meeting after the annual meeting. These additions were up for final approval at last week’s meeting. “I spoke with Lance Payette with the county attorney’s office and he informed me that the corporation commission did not have a copy of our articles of incorporation,” stated DeCross. “I think we should table the matter until we seek legal counsel.” “The articles of incorporation follow the by-laws. However you write the bylaws, that’s what you fol-low. If not, then you’ll be in trouble with the open meeting law,” explained Vice President Rusty DeSpain. “There has never been a time that I can recall, since before my dad was board president at least, when the president was a voting member of the board. Why not? I don’t know. I do know that the fire districts do the same thing. It’s not unusual.” DeCross agreed that it was fine so long as it was consistent, but moved to have the issue reviewed by legal counsel just the same. The motion failed with DeCross and Anna Amos voting for it and 13 other members voting in opposition. A motion was then presented for final approval of the amendments to the bylaws, with the stipulation that they are legal in both the bylaws and the articles of incorporation. All members present except DeCross voted to approve the motion. In other matters, President Mike Sample informed the board that the electrical box on the grandstands had been blue tagged by Arizona Public Service Co. “What that means is that it needs immediate attention, or we will lose power to the grandstands and several other areas,” explained Sample. “To do an upgrade to that box will be very expensive.” DeSpain agreed with Sample, stating that a job of that nature would cost approximately $80,000. He also disagreed with what areas the box services. “The box you’re referring to isn’t the grandstand lighting. It’s only the arena lights. The grandstand lights are on the new box that was installed along with the cantina last year,” explained DeSpain. With that clarification, Sample stated that he would discuss the issue with County Facilities Manage-ment Director Dan Hinz. DeSpain agreed, adding that there would be no way for the fair board to afford such a project. Another issue of concern was the necessity of replacing the hood over the cantina’s cooking area, which is no longer up to code. “I was quoted $2,852.96 to install a new Ansul system,” stated Sample. “It’s either replace the existing hood for a larger one or replace all of the knobs with longer ones.” DeSpain expressed concern over the replacement, since a hood was installed in the cantina just last year. “It was my understanding that the hood that was installed would serve our needs for a long time, that’s why we got it. It sounds to me like we’ve been taken for a rail ride,” he said. Sample explained that the existing hood is no longer up to standards, because the fairgrounds is no longer operated under Navajo County. DeSpain suggested that the county be contacted to see if the hood currently at the cantina could be used by Suzie’s Cafe at the county complex if the cantina has to have a new one. He added that perhaps a credit could be obtained from the company since the other hood was recently installed with the understanding that it would be sufficient for the cantina’s needs. The board moved on to discuss the possibility of holding the sand drags at the fairgrounds again this year. Sample presented some stipulations to organizer Kenny Larson on behalf of the executive committee. The stipulations included restoring the arena to its condition prior to the sand drags, allowing the fair-grounds cantina to provide food and drinks for the event, having the fairgrounds maintenance personnel run the water truck and necessary heavy equipment, and leaving the drainage covers in place. Larson stated that leaving the drainage covers in place could be dangerous for his drivers, and that the new fence could be dangerous as well. Sample emphasized that the drainage covers would have to remain in place, because in previous years the system had not been restored to its original condition, which could have led to serious flooding issues. Larson withdrew his request for use of the fairgrounds facilities, stating that there is property available in Winslow where he will hold the sand drags. The board approved a facilities request by Shannon Lange on behalf of the HELP (Holbrook Enriching Lives Partnership) Coalition to hold this year’s Grad Night on May 22 at the fairgrounds. Lange informed the board that the HELP Coalition will be providing food, video game competitions, music, and other activities for those who want a fun and safe environment to share with friends following graduation. “We will also be providing door prizes that are pretty nice. We will get items like mini-refrigerators and microwaves to give away, and it gives the kids something useful to take to their dorms in college,” stated Lange, adding that more donations for door prizes are welcomed from anyone wanting to contribute. Board member Mike Mellor, who is also a school resource officer with Show Low Police Department, emphasized the importance of these types of events. “The majority of alcohol related fatalities among young people is on graduation and prom nights. It’s a great idea to bring kids into this,” he commented. Lange informed the board that seniors and underclassmen who come to the event would remain there until 5 a.m. unless a parent picks them up sooner. A request made by Juanita Waits with the Cooperative Extension office was also approved. Waits asked to use a facility for a Department of Economic Security community training that will be presented by Na-vajo County Cooperative Extension on May 30 and June 6. The board also approved expenditures totaling $8,800.46. The board also approved the expenditure of $500 for the remodeling of the bathroom in the home of maintenance foreman Jose Villarreal, who resides in fairgrounds housing.
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