Approved with Corrections 12 January 2010

Scare Canyon Ranch Association

Board Meeting Minutes

9 December 2009

SanCuro

5350 S. 435 E.

Washington Terrace, Utah

Meeting began at 6:00 p.m.

Ray Gibbons, President, Presided

Members Present:

Mike Dean Chris Roby

Doug Stuart Joel Thomson

Bob Wallis Marilyn Dean/Secretary

Members Excused: Debbi Spilker, Joel Stewart, and Sherri Roby/Treasurer

OLD BUSINESS: Marilyn Dean read the 8 October 2009 Minutes and they were approved as read.

NEW BUSINESS:

- Ray received an email requesting use of “Canyon Ranch” as an Internet Webpage and asking if SCRA would share use of a portion of our name. Ray said no, we would not share any portion of our name/logo. He was asked if we want to “sell” the rights to use “Canyon Ranch.” Chris said it is not trademarked, proposed ignoring the request.

- Hideout sent Ray a letter with pictures of the cabin being built on Lot 30, stating it will be an attribute to our community, and they formally request 4 keys. Ray asked Doug how many keys the Hideout has.

-- Doug responded Hideout has 8 keys, which is 4 keys each for Blair Leird and John Lewis’ two (2) properties. Mike commented when the property is sold, we should deal with the new owner at that time. Chris said we are not in the key business and there is more to this than a request for 4 keys for Lot 30. Chris said we need to work toward formalizing an access agreement with the Hideout. We need to check with Cache County on what their stipulation with the Hideout was on access.

-- Ray will contact the Hideout and tell them to call back when Lot 30 is sold, who it is sold to, and the name on the deed and we will discuss keys at that time. Chris wonders what the Hideouts next action would be if we were to deny access.

-- Doug said doesn’t the Hideout have rights of way to access their property, and wouldn’t it be better to work towards a solution. The 8 keys they have technically belong to Blair Leird’s property and John Lewis’ property, not the Hideout as a whole.

-- Mike said we need to know what rights of way we own and the Hideout owns before we can argue the point and make decisions.

-- Ray asked the Board to research the Rights of Way deeds. Chris said he has most of them and will bring them to the next Board Meeting. Ray stated we are not denying access, and when the lot is sold, one (1) key will be sold to the new owner per the By Laws. All discussed and agreed.

-- Ray will write a letter to the Hideout and include the section of the By Laws pertaining to keys. Ray will send the letter registered mail.

- Ray took the water deeds and talked to the Cache County Attorney on the SCRA Water System. Cache County Attorney said they cannot provide advice, and if a legal trespass complaint comes in, Cache County would not process it. Ray called the Land/Water Attorney in SLC and asked to speak to their representative on this issue. They said they will provide Ray a name/point of contact to call.

- Ruby Pipeline: Discussion followed stating we need a formal meeting working towards a written agreement on roads and access to the properties before work begins in the spring.

-- Mike said we shouldn’t short change SCRA, have Ruby Pipeline show maps, find out the access routes, what they have budgeted for widening the roads, installing culverts, etc., and if it is not in the agreement, we need to propose it.

-- Chris agreed we need bargaining levels also for road base, etc.

-- Ray said currently Ruby Pipeline will grade and fill soft spots, dust guard, use water trucks, etc. Ray also said they will put up a bond.

-- Mike said we need to let Ruby Pipeline tell us what budget is available. Ray agreed and will set up a meeting between the Board and Ruby Pipeline.

- Lower Spring: Ray said we need to put the Lower Spring on hold until spring. Chris said he spoke to Wil Atkin and Wil advised digging up the canister and moving it, offered no additional advice on improvements. Wil said this is Terry Carpenter’s domain.

- Ray asked the Board if there is a need for an additional Board member at this time, and if so, from the November Elections, the position would default to Jack Amundson who received 18 votes and then Randy Rochell who received 12 votes. Discussion followed that we have enough Board members to work any issues, and Chris made a motion to not fill an additional slot at this time; Mike seconded, Ray called for a vote and all approved not filling an additional Board position at this time.

- The Board voted to retain Mark Pollott as our attorney. All present voted and agreed, none opposed.

- Ray said we need to discuss the amount of the 2010 dues before the March General Meeting announcement is sent.

- Ray discussed according to the By Laws, SCRA checks cannot be signed by two members from the same family. Board agreed we need four (4) signatures available on the account so in an emergency two (2) would be available to sign. It was proposed Joel Thomson be added to the account and authorized to sign checks. Chris will ensure in the future he and Sherri do not sign checks together.

-- Marilyn will provide an excerpt from the Board Meeting Minutes stating Joel Thomson is a Board Member and authorized to be added to the account, she also stated a list of the Board Members is required by credit union. Ray, Sherri and Joel will meet at the Credit Union and sign new signature cards.

- Doug asked to discuss his incident over trespassing on DeActes property during the hunt, stated the road he was on also goes to eight (8) other properties and DeActes do not have the authority to block this road. Doug said the gate at Love's and Hunwick's properties also goes to Keller’s, and the Hideout, and they cannot bar access. Doug would like the Board to support a letter asking these property owners to remove their locks from their gates.

-- Mike said landowners need to keep gates open so landowners have access to their property and can travel freely through the gates. According to the By Laws, you cannot bar access to anyone’s property. You can have a gate, but you cannot lock it.

-- Chris asked Doug to get a list of owners behind DeAcetes property and those owners who have not been able to access their property. Chris proposed a letter asking DeAcetes to keep their gate open. Ray agreed, but first we need to get the names of those requiring access through DeAcetes property to their property.

- Mike sent a request to the State for a response regarding limiting hunting within SCRA. There is not a regional Director over DWR, so he emailed Mr. Ron Hodson, Northern Regional supervisor, the question. He received a response stating:

“Any landowner or group of landowners can impose whatever restrictions on themselves that they care to impose without running afoul of state law. Restrictions would obviously need to fall within the framework of the laws established by the state, they would truly need to be "restrictions", they can never be
liberalizations. Of course any restrictions imposed will not have the force of law and could not be enforced by our officers or by any other peace officer. I suppose the penalty for violating these restrictions would have to be a civil matter based on a contract or your bylaws, something you would need to deal with your attorney on.”

Mike had told Nona Ellis he would discuss with the Board and it would be addressed at the March General Meeting.

- Marilyn discussed 2010 General and Board Meeting dates, and a date in June for the Picnic (Saturday, 19 or 26 June). Marilyn also said the Hunwicks could not provide the Utah Code number in reference to their comment made at the November General Meeting. Their quote concerned the contingency clause amending the By Laws “resulting in a change of the rights, privileges, and restrictions of a membership class as to voting.” They thought it was Chapter 228? Marilyn researched on the web and the quote wasn’t complete. Marilyn will research further.

Ray asked if there was any other business – and as there was none, Ray made the motion to adjourn, Mike seconded, all agreed. Meeting adjourned at 8:10 p.m.

Marilyn Dean

Secretary, SCRA