Revised Draft 12 Nov 08

Approved as Read 13 Nov 08

SCARE CANYON RANCH ASSOCIATION

GENERAL MEETING MINUTES

August 21, 2008

Harrisville Senior Citizen Cabin

6:00 p.m. – 7:00 p.m. Keys, Hunting Permits

Meeting began at 7:00 p.m.

Ray Gibbons, SCRA President, conducted the meeting.

Board Members Present:

Chris Roby, Vice President                   Mike Dean

Debbi Spilker                                       Adam Stuart

Doug Stuart                                          Bob Wallis

Blair Leird, Hideout Representative       Mary Lou Heslop, Treasurer

Marilyn Dean, Secretary

Old Business:  Marilyn Dean read the May 14, 2008 Special General Meeting Minutes and they were approved with the  correction:  Tom Whitaker nominated Jim Spencer not Jim Nelson.  Jim Spencer declined nomination for a Board position.

New Business:

1.  Joel Stewart read his official notice of resignation and response to Monte Matue’s official letter to the Board President in regards to Joel Stewart’s “honorary” non-voting Board position, and call for Adam Stuart’s resignation.

These two letters will be given to the Board President for Posting to the SCRA Web Page. 

2.  Randy Rochell asked to address the Cache County public road issue and the gate concerns.   He and Kathy have been working on this for about 3 ½ to 4 weeks now with Ron Hill – nothing has been done, it has just been lying dead, dormant and you think this is just going to go away?  It’s not.  Cache County is going to cut a road into Scare Canyon next spring, no ifs ands or buts about it.  We made a proposal to Cache County if this happens “IF” this happens, instead of cutting a new road (approximately 100 yards from where the existing road is today) that we open up that mile and a half from the first gate to the second gate. 

3.  Ray called on Debbi Spilker to give an update on the Fire Prevention Plan

Debbi asked that the Board Members be heard and to let them talk; and asked the Association members to give Ray a chance to do his job.  He has spent many hours with Cache County, Fire Marshals, etc., working diligently on the issues, he held a special Board meeting regarding the concerns, and has been to several meetings.

Debbi addressed the Fire Prevention/Protection Plan.  The Fire Marshals have been at SCRA working hand in hand with Ray and SCRA.  SCRA is rated a #4 for fire hazard – that is the highest fire burning capacity!  Unless we work to clear brush and deadfall  from within 200 feet of our cabins, the Fire crew cannot protect our cabins.  We must all pitch in.  We need the proper paperwork/documentation completed for the work done by the Association for clean up, brush clearing, fire prevention, etc.  The Fire Marshals need to assess the $17,500.00 available to SCRA for man-hours expended and we need the money/funds from the State.  Please complete your forms and send the information to Lorie Ross at the Web Page and Lorie will forward to her.  All applauded Debbi’s efforts on Fire Prevention/Protection.

4.  Ray Gibbons told the Association Adam Stuart’s term on the Board is up at the end of December, and propose they allow Adam to stay on the Board until that time.  Ray proposed they nominate and vote on Adam’s replacement at the November General Meeting/Elections. Ray asked if any one opposed this proposal, or had comments.  No one opposed, and it was agreed and Adam will remain a Board member until the November elections, and his term expires December 31, 2008.

5.  Ray gave an update on the Public Road issue.  Ray has been meeting with an attorney who specializes in land issues, and the attorney has requested all public records from Cache County in regards to rights of way, deeds, etc.  Cache County has 14 days to respond.  The attorney will review the records and determine if it is feasible to contact a land attorney, and take it to court.

Cal Pack asked if a decision between Mike Olson and Cache County been reached – Ray said he has a copy of the proposal and he doesn’t know if it has been signed yet.

A member stated if you sign an agreement with an Ombudsman that you will take whatever arbitration that Ombudsman comes up with whether you agree or not, and all rights are gone, you cannot sue, got to court, or do anything else.

Ray added that attorney fees could go back to the beginning of when Cache County began working on it to present.

Riley Skeen proposed we work as an Association and not have anyone go around the Association to make their own deals.  Everyone should go through the President and the Board, and when a decision is made, then we should follow through.

6.  Ken Love said we need to plan an attack based on a cost factor, tax payers, etc.

Ray restated –we should bring the cost to the County, cutting road in, maintaining it, increased surveillance due to possible increase in vandalism, etc. 

7.  Derek Hunwick said there are so many issues going on right now without a means of communication to the Association that he makes a motion to have all minutes posted to the web within 1 week of the meeting – whether it is a Board meeting, General meeting, side meeting, etc.    He wants more information more rapidly, even in draft form.  He wants the minutes posted and identified as “Draft”

Sandra Clark requests to amend the motion and proposes 2 weeks from the meeting.  Derek said State regulations and parliamentary procedures state if you officially ask for them, they have to be presented within 3 business days.

Lorie Ross is doing the Web Page/postings, and asks for common sense in asking the secretary and her to provide and post the minutes in under 2 weeks. 

Joel Stewart said some things the Board is working may need to be kept close hold, and asks the Association to consider this.  Stacey Shelton asked if the Association could agree on a happy medium and seconded the proposal of 2 weeks, and keep things close hold if needed. 

Derek Hunwick wants to amend his motion to have all minutes posted within 2 weeks of the meetings, to keep things close hold as necessary, and to add a third part to the motion – if you do not have a computer/access to the Web, you can send a self-addressed-stamped envelope (SASE) to the secretary and request she mail them to you.

This was seconded by Kelly Spencer.  The secretary was asked if she could accommodate having the minutes accomplished and posted in 2 weeks of the meeting.  The secretary responded she could meet the 2 week proposal.

A verbal vote was called - no one opposed, all in favor. It was agreed the draft minutes will be posted no later than 2 weeks after the meeting, information to be kept close-hold as needed, and a copy mailed to anyone requesting it with self-addressed-stamped envelope to the secretary.

8.  Monte addressed the road issue and proposed flooding Cache County with emails, letters, etc.  Janae Matue commented she sent an email with their (Monte, Kent, Riley) concerns on the pipeline and it opened the line of communication.   Monte, Kent, and Riley took them up there and walked the entire Scare Canyon route, but it never would have happened without some type of communication, so it does work.

Cory Thompson said the west road enters directly through his property, and he would be willing to put up money with the Association to get a lawyer to fight it.

Ray said we are waiting to hear back from the lawyer on how to proceed.

9.  Ray addressed water.  We are going to put two more concrete water tanks in.  One at Indian Springs, one at Lower Springs.  If they hook fire fittings to these tanks, the fire trucks can hook on and we qualify under the Community Fire Plan, and by doing this will get some part of our funds back.  The State Fire Crews were up at SCRA and spent 3 days clearing and cutting brush from Hunsaker’s to the bottom and back, cleared a lot of trees, brush around Lee’s Canyon, and up the other way.  They did a great job.  Our only obligation was to furnish potable water.

Mayva Kauffman commented on valves being left open and emptying the tanks, Stacy Shelton proposed signs be posted to remind everyone to close valves.

Ken Love commented  he has been an Association member since 1992 and it has been just like tonight.  Bickering and too much going on.  SCRA is in a crisis mode.  We need water, roads, and to keep the public out.  Ken Love makes a motion to not spend any money on anything except keeping the public out.

Ray commented we have an issue on the water.  By 2011 we have to substantially improve our water system or we will lose our water rights.

Ken Love again said we have to fight to keep the public out or we don’t have anything.

10.  Comment was made that parents need to be responsible for their children, especially little children on 4-wheelers in the road.  A truck almost ran a couple 6-7 year olds off the road the other day…don’t let your kids run lose and un-supervised.

11.  Derek said Ken Love has made a motion and we need to discuss it.  This is the same situation that happened in March that limits what the Board can do, that is why the majority of the governing board resigned.  The Board needs to be able to make these decisions, but you can’t take a vote on it because it is against State laws and the By-Laws.

Monte said Ken had a good idea on not spending any more money, but use common sense.  However, the only thing worse than the public coming in would be a catastrophic forest fire and no water/means to fight it.

12.  Ray addressed the old locks, keys and said they are wearing out and becoming inoperable, someone was locked in Sunday afternoon, and by the time Doug got up there to let him out, he had gotten his key to work, but had taken his frustration out on the metal cutouts on the gate and destroyed them..  These cutouts/gate had been created by Doug Stuart’s dad, and a lot of time and money had been put into them.  It wasn’t necessary to destroy them.

Ray relayed his key has also not worked in the past, the locks are just old and wearing out.  It is the perfect time to replace them and the previous Board has been working towards that for several years.

The Association agreed the governing Board needs to press forward with what is best for the Association – keys and locks, water, etc.

13.  Derek asked if the Board members contact information could be posted (phone numbers, emails, etc.).  Lorie said it has been updated and will be posted to the Web in the morning.  Lorie said we can send all meeting notices, information, updates, etc., to anyone requesting it via email instead of US Mail if they prefer.

Debbi Spilker reminded everyone to send their Fire Prevention hours to her, and to remember there are bears in Scare Canyon and they are dangerous.

14.  Janae Matue asked if by the November General Meeting if the Board could address the number of keys assigned to members.  6 keys vs. 4 keys.  Bob said if anyone requesting extra keys would put it in a written request to the Board, they will review it and get back to them.  Send all letters/e-mail requests to Marilyn Dean and she will forward it on to the Board.

15.  Ray called Bob Wallis forward to give a key report.  Bob reported he has reviewed the record of all keys assigned, who has them, how many, and he has built a spreadsheet.  54% have 2 or less keys, 90% have 4 or less keys, and 1 person has 18 keys.   The pros on re-keying:

            -  Over the last 20 years numerous properties have changed ownership many times

            -  Most times old owners don’t pass all the keys to the new owner

            -  A Member had 4-5 keys stolen out of his truck

            -  Locks are wearing out and becoming inoperable

            -  Reviewed the minutes and since 2005 the Board has been planning towards changing the locks and keys, first with a manual key system, then electronic, then deciding upon a manual system

            - After much review and numerous discussions, the Hideout felt it wasn’t in their best interest financially to contribute and go forward with an electronic gate system.

            -Both old and new locks will be left on the gate for 30 days during the key transition, then only the new lock will be in place.

Bob said the Board has addressed the few members that may need more than 4 keys and to keep it down to a reasonable number, please send a letter, or email, to the Board, or to Marilyn Dean/Secretary, requesting the Board review it.  The Board will review and get back to the member.

16.  Derek asked to say a couple things.  Blair and the Hideout wanted to participate in an electronic gate and the cost was about $6,000.00.  The By Laws state we will go to an electronic gate in 2008 and the statement made that the Hideout “bailed out on it” and that is why the decision was made to go to a manual lock/key is invalid.

Doug Stuart stated it is not in the By-Laws that SCRA will go to an electronic key system/gate in 2008.

Ray confirmed that it was brought up as a proposal at a Jan/Feb 08 Board meeting and was tabled due to lack of time.

Bob asked the Association present – did anyone vote on an electronic gate?  Numerous members shouted out no.  No, it was never voted on by the Association.  Marilyn was asked to pull the minutes for Ray and the Board to review at the next Board meeting. 

17.  Ray made the motion to adjourn, Blaine Campbell seconded, all in favor.

Meeting adjourned at approximately 9:30 p.m.

Keys and Hunting Permits were issued 9:30 to 10:00 p.m.

Marilyn Dean

SCRA Secretary