|
Approved as Read March 25, 2010
GENERAL MEETING
November 12, 2009
1570 W. 400 N.
Note: From 6:30 p.m. to 7:00 p.m. ballots were given out to Association Members whose dues were current.
Meeting began at 7:00 p.m.
Ray Gibbons Conducted the Meeting
Members Present:
Mike Dean, Chris Roby, Debbi Spilker, Joel Stewart, Doug Stuart, Joel Thomson, Bob Wallis, Sherri Roby/Treasurer, Marilyn Dean/Secretary
OLD BUSINESS:
Marilyn read the August 5, 2009 General Meeting Minutes and they were approved as read. Randy Rochell made the motion to approve, Nona Ellis seconded.
NEW BUSINESS:
- Marilyn read the November 2009 President’s Letter on behalf of Ray Gibbons/President. A copy of the letter was sent out to all SCRA landowners with the November General Meeting invitation, as well as being posted on the SCRA website.
- Ray said a lot of time and effort has gone into the Lower Spring this past year, but with not much success. The Board has had limited access and problems getting in to make updates and repairs. Although it is legal for the Board Members to access the Lower Spring, access has been denied. Ray hopes that 2010 will be a better year and water will be more available to the people below the spring. Ray and the Board have had two (2) engineers look at the spring and they each had good ideas on improvements, and we are taking comments on how to improve the spring.
NOMINATIONS:
- Ray asked if everyone had their ballots, and if not we would take a break for everyone to get their ballots before nominations were made. Refreshments were available during the break.
- LaMae Hunwick asked to address the Association: The first word in the newsletter comments on communications. LaMae said she is the landowner where Lower Spring is located, and during the summer there were 20 visits to the property by Board Members and their families with no contact with the Hunwicks. They are not comfortable with people on their property without notice. The Board needs to listen to their own words and communicate and talk, probably cut to the chase and work with them.
-- Ray said this is not the proper time to discuss this as the Board has contacted an attorney to work out the on-going problems with going on their property.
-- LaMae said no, it is a common courtesy to work the problems out with them.
-- Joel Stewart commented that once the Board was contacted by the Hunwick’s attorney and told to work through him, that they must work through the attorney by law. Joel proposed if LaMae wants the Board to work directly with them, then she must contact her attorney and dismiss him.
-- LaMae said she would contact her attorney and said thank you.
-- Derek said he has a problem with the wording in the minutes that the “Spring continues to produce an abundance of water” and at this time of year it has not made an abundance of water. As of late August/September timeframe minimal water was being produced – less than ½ gallon a minute, and it takes 6 days to fill the tank – there is not an abundance of water. The problem for those below the Spring getting water is due to an airlock. He said there was never an airlock until the new system was put in. Derek said between Board Members there have been as many as 40 people in 20 visits and again, there is not an abundance of water.
-- Ray said that is what we want to clarify, improve and fix next spring when the weather permits.
- Ken Love said he has concerns with the contingency in the Presidents Letter and wants to know if it is in effect now. Ken said it is a long sentence and has problems that it limits who can be nominated to the Board and it puts acceptance of nominees to the discretion of the seated Board. He asked what the Board is afraid of. Writing the law to keep a democratic association is what he is worried about and he feels we do not need a letter.
-- Ray clarified that the motion for the contingency did not come from within the Board, it was made on behalf of Association members and it was made to satisfy their concerns.
-- Monte Matue said he feels it was a shot directed at him, and it came from a comment made when they were at Derek’s over the water issue and was told he wouldn’t be able to run.
-- Ray said no, it was not directed at Monte.
-- Monte said shouldn’t it be decided by the Association? Monte referenced the March 20, 2008 General Meeting when they listened to the Association who had wanted them to quit, and it would have been resolved if the confrontation at Derek’s would have been resolved.
-- Reference to Derek’s resignation letter effective April 10, 2008 when Derek/President, Monte/Vice President, Don Todd, Kerry Dyskter, Tom Whitaker (Board Members), and Janae Matue/Web Master resigned.
-- Monte referred to Randy Rochell’s comment that all paid dues’ members are equal and the vote is the most important right we have and the 3 Board Members whose terms are up shouldn’t be allowed back on the Board because the contingency fits the Board as well as the rest of the people.
-- Joel Stewart asked what was the Board’s plan to take care of the Association if the entire Board had resigned? Monte said the whole Board wasn’t going to resign and Joel asked again, then what were your plans, intent?
- Chris Roby commented that we need to make nominations and conduct a vote.
-- Jack Amundson said if the By Laws are changed, they will need to be voted on by the entire Association. He agrees that if you resign due to emotions and feeling, you shouldn’t be allowed back on the board for 5 years. He agrees if it is due to physical/family health you should be reconsidered.
-- Ray said the By Laws are currently being reviewed and the Board is looking to have changes/updates ready for full review and vote by the March 2010 General Meeting.
-- Derek referenced Utah Code for Non-Profit Organizations that the Board of Directors may amend their By Laws at any time unless it results in a change of the rights, privileges and restrictions of a membership class as to voting.
-- Joel commented that when Derek was President and the contingency clause was put into the By Laws, didn’t Derek know it would cause problems.
-- Tom Whitaker said if we cannot resolve this tonight, we need to adjourn the meeting until it can be resolved and elections should not be made.
-- Randy Rochell: This is a voting meeting, Monte feels it is against him, and I agree. If Monte were to be nominated, who would decide if it is a legal nomination.
- Ray addressed the Association – the three Board Members terms are up, and nominations are due at this meeting. We will take a break and discuss the contingency clause with the Board Members and a decision will be made.
Break 7:45 – 8:00 p.m.
CONTINUED NOMINATIONS:
- Ray announced the Board talked the issue over and agreed as a whole with the contingency clause in place and will open the meeting for nominations based on the contingency.
- Paul Milligan nominated Doug Stuart – Doug Stuart accepted the nomination
- Derek Hunwick nominated Monte Matue – an association member spoke up and said Monte is not eligible due to quitting the Board in 2008. Derek said in the guidelines of the general populace in the March 2008 General Meeting he does not feel it is applicable, and they should adjourn and have a legal review done
-- Ray said the nominations will continue as the Board discussed
-- Monte said he resigned because he listened to the knowledge of the Association – Chris Roby asked him if he sent his resignation for a vote of the Association and was it in the best interest of the association when you all quit?
-- Monte said he has dedicated 13 years to the board.
-- Randy Rochell said he quit the Board due to a business he had to run, and he thought it was in the best interest to resign…is he eligible to be nominated?
-- Ray read the contingency clause and said yes he is as it fit within the guidelines of resigning due to personal reasons.
- Lynn Clark asked Ray that if the entire Board had resigned, would the Association dissolve?
-- Monte answered before Ray could comment and said no, the whole Board wouldn’t have resigned.
- LaMae Hunwick nominated Randy Rochell – Randy accepted the nomination
-- Max Eddy referenced LaMae’s speech on why we can’t communicate – said there hasn’t been any communication since this ruckus started and let’s get on with what we need to do tonight.
- Max Eddy nominated Chris Roby – Chris accepted the nomination
- Bill Amundson nominated Jack Amundson – Jack Amundson accepted the nomination
- Mike Dean nominated Bob Wallis – Bob Wallis accepted the nomination
- Max Eddy proposed we cease the nominations; Flora Wall seconded, nominations ceased
- Ray announced the nominees: Jack Amundson, Randy Rochell, Chris Roby, Doug Stuart, and Bob Wallis, and asked the Association to vote for three Board members.
Votes were collected and tallied by Sherri Roby and Debbi Spilker
Jack Amundson - 18
Randy Rochell - 12
Chris Roby - 25
Doug Stuart - 19
Bob Wallis - 21
- Ray announced Chris Roby, Doug Stuart and Bob Wallis received the highest number of votes and each accepted the nomination of Board Member
Ray Gibbons made the motion the meeting adjourn, Mike Dean and Max Eddy seconded.
Meeting adjourned at 8:25 p.m.
Respectfully,
Marilyn Dean
Secretary, SCRA
|
2007 SCARE Canyon Ranch Association, all rights reserved. Site maintained by Lorie Ross. |
|