September 18, 2004

The meeting was called to order by President Phillip Hall at 10 AM. An opening prayer was offered by Larry Walters. Phil Hall then introduced Attorney Bruce Jenkins to present and explain the proposed Ranch legal document revisions. Mr. Jenkins reviewed the evolution of Utah State law concerning non-profit associations like DSROA and the future changes anticipated by the legislature. He discussed DSROA’s documents and how they had become outdated and did not, in many ways, reflect the State Statutes now legislated into law in Utah. He described his efforts to organize the Protective Covenants and Bylaws. Mr. Jenkins explained the draft included in the meeting booklet prepared by Phil Hall. This was given to all present at the meeting. In the draft, he showed the differences and changes made to bring our legal documents into conformity with Utah legal code. He also spoke about many practices that were sort of traditions at the Ranch but not found explicitly in our current documents. These were identified and drafted into our documents as best he understood them. After this introduction, he opened the discussion up to members to ask questions or state concerns that they had. The following were some of the questions asked and Mr. Jenkin’s replies. Tom Massengale was concerned with the concept of the ARC (architectural review committee). He used the example of putting up a flag pole and asked if he would have to get permission to do so. Mr. Jenkins pointed out that the document allowed for members/DSROA Board to appoint the members of the ARC committee and that they would propose direction to the Board. The Board could then decide upon these suggestions and make them know to the membership. Kane County building ordinances would prevail with customization to our area left up to the members through the Board and the ARC committee. He showed how the document did not introduce any specifics but gave a framework to start from and some organizational ability to the peers of the members (those appointed to the ARC). Other questions and comments along the same line were answered and heard and the concept seemed to be understood by the majority of those present. A generally questioned part of the draft was concerning the hunting provisions. Most did not object to posting hunting signs on ones property but the idea of fencing ones individual lot met with little enthusiasm. There were many who objected to the discharge of firearms in the vicinity of their cabin or property. Mr. Jenkins explained how the Utah State statutes pertaining to firearms applied. Larry Clarkson, who has in the past been the one who has dealt with most outfitters and hunters at the Ranch, gave an overview of how things had been handled in the past and pointed out that we usually made $4000-$6000 from selling our permits. He made a suggestion that, outside of hunting on ones own property, any hunters be required to hire a representative of the Ranch to be with them during any hunts to advise the hunters about any proximity to cabins or members posted land and see that they complied. No exact mechanism of how this would transpire was presented but the general concept seemed to be received favorably by those in attendance. Dale Clarkson asked if the draft documents could be categorized as being mostly just optional changes or if they were, in fact mostly mandated changes to comply with Utah State Law. Mr. Jenkins stated that the great majority of changes made were mandated by State law and the majority of the other proposed additions were simply putting into wording the way many things were currently being done by the various DSROA Boards and members. One example was the use of rules and regulations mentioned in the Bylaws (see Bylaw #7G). They are mentioned but no mechanism of how they are formed or the way members have input was addressed. In the draft document, these things were addressed and in fact the changes proposed gave members more input and a voice in their formation and ratification. Currently, each new Board makes up or revises the rules and regulations each year as they see fit to govern the Ranch with generally no great member input and certainly no ability of members to vote on the same. Mr. Jenkins went on to say that there were very few new or original proposed changes and those proposed were mostly procedural changes needed to give direction. Val Cram asked about the clarifications that were made in the draft about membership in the association and was there any grandfathering status with respect to membership or a lack thereof. Lee Bellar also wanted to know about those lots that had been referenced in the past as not having a membership attached to them. Mr. Jenkin’s reply was that although the Bylaws state there are only 300 memberships in the association that they were in conflict with the Protective Covenants which takes priority over the Bylaws. He explained how Article #2 of the Protective Covenants was very specific that membership in DSROA was tied to property ownership described in Schedule “A” of the original plat filing. He explained how there was not a provision for any type of grandfathering in as a status for non-membership for an owner’s lot. Because all members with lots or property described in Schedule “A” were, from inception of the Ranch, filing members in the association. He also explained that he had read over documents that show actions of past Boards and/or Board Presidents claiming to show no ownership for those lots in question. Those actions were not valid and in conflict with the Plat and Protective Covenants filed with Kane County. Even though some of these past documents were publicly acknowledged or notarized etc, they were not legally binding upon the Association and that the legal filing of Kane County would have to have been amended prior to any of these past actions to be binding. Those (in whatever capacity), who offered such non-membership documents did so in error and acted beyond there authority to do so. There were comments of approval and thanks to the Board for the chance to voice opinion and ask questions. The meeting was adjourned for lunch.

The meeting re-adjourned at 1:00 PM. Larry Baer read the minutes for the 2003 annual meeting and they were voted on and approved. Larry Walters gave a financial review report on the finances. His report is attached. Nyle Willis gave a financial report (see attached document). Barbara Button also went over the Ranch Income and Expense report and gave her report as Ranch Manager (her report is also attached). The Candidates for Board members were brought forward and identified. Voting and ballots were collected. The results of the voting were as follows. Ed Belinski (39), Cathy Church (4), Dale Clarkson (108), Val Cram (104), Shawna Cox (97), Phillip Hall (139), Larry Murphy (70), Art Ortolani (93), Dan Ortolani (10), Kathy Pierce (22), Larry Walters (60), Nyle Willis (50). Those elected to the Board were Dale Clarkson, Shawna Cox, Phil Hall, and Val Cram for two-year terms. Art Ortolani was elected for a one-year term. While the votes were being counted The past Board members for 2003/2004 gave an accounting of their efforts. Phil Hall spoke of his efforts to organize the Ranch affairs through the use of more members in various committee assignments, and as area representatives thus pooling ideas and efforts to come up with immediate results and some long term goals (5 year plan). Phil Hall also spoke of the great efforts Barbara and Taylor Button had made in behalf of the Ranch. Nyle Willis spoke of his efforts to be conservative with the monies of the Ranch. He also spoke of the efforts of the Board to collect the outstanding debts owed the Ranch. Larry Clarkson said that he had to prioritize his personal time and wasn’t able to devote any real time to his Board assignments with the exception of attending meetings and overseeing the deer hunting tags. Larry Baer spoke of the plant identification information in the store. Art Ortolani spoke of the bear on the Ranch and his appreciation to the other Board members. Lee Bellar spoke of the Ranch Store and working with Brent Fullmer on the Road projects and his appreciation to the other Board members. After the Board member reports, some committee reports were given for the airport, cabin, roads, and store. Information about the various committees was put in the program booklet.

The meeting was then adjourned until next year.