DSROA Board of Director Meeting

Minutes of July 22, 2006

Deer Springs Ranch Headquarters

 

Board members present: Candace Bosze, Dale Clarkson, Larry Clarkson, Phil Hall

 

Board members absent:  Shawna Cox, Val Cram, (Larry Walters resigned as he sold his lots)

 

Others present:  Bob Becker, Ken Lent, Sheli Jensen, Joseph Woods, Brent Fullmer, Joe Bosze, John Martine, Taylor and Barbara Button.    Vance Green and Bill Brockbank were present via teleconferencing.

 

Meeting called to order at 1:55 pm.

 

The minutes of June 10 were approved.  Motion by Larry Clarkson, second by Dale Clarkson, all in favor.

 

Financial Report

            Barbara presented a comparison of actual expenditures vs budget.

            There is $9725.15 in the capital improvement account.

            Barbara presented the names of members that are past due on assessments.  Phil made a motion, seconded by Larry C for Barbara to put a lien on one lot that had not held up their agreement and paid in full by July 1.  All in favor.

 

Manager’s Report

            Ken Lent and Joe Bosze put up a new flag pole in the yard at HQ.  Barbara and Brent ordered some ultra-sonic rodent deterrent devices for cabins 2 and 4.  They will be installed this weekend and see if the rodent problem goes away.  The store sales are way down from last year.  Sheli reports that she thinks much items are being stolen.  The directed her to lock the store and instruct the othere to watch when someone needs into the store.  Two horses owned by Shawna Cox are not being used.  Sheli told to tell Shawna so she can pick them up.  There are currently 12 horses at the ranch.  The grader is broken down again.  Some of the hoses blew apart.  Brent Fullmer instructed to call Scott Machinery and have them come out and fix the grader.  The board then decided they will hire an independent operator to run the grader so there will not be some many repairs necessary.  Several present reported different areas around the ranch that need road repairs done.    A living place for Shauna and Nate was discussed.  They are currently living with Sheli and Mark or jumping around in the vacant cabins. Phil made a motion, seconded by Larry C, to have Barbara and Candy ask Jerry Racine if he has a camper Shauna and Nate can use.  All in favor.

 

Board member to replace Larry Walters.

            After asking if anyone would volunteer for the position vacated by Larry Walters, a motion was made by Larry C and seconded by Candy, for John Martine to replace Larry Walters until the annual meeting of the membership.  John also to accept the secretary position held by Larry W.  All in favor.

 

Fish and teleconferencing

            Barbara asked for permission to spend a more money to bring in more fish.  Since 87 fish died when they were delivered, the fish supplier is bringing replacements down to the ranch.  Barbara wants to order more fish to go with those fish to restock our ponds. Candy made a motion seconded by Phil to order more fish for $500 plus $100 donated by Phil Hall in addition to the replacements.  All in favor.  Phil and Candy to speak with Allen Steed regarding his family fishing the ponds.  Steed has done some backhoe work for the ranch free of charge this year to help compensate for the fish.  Phil Hall also constructed a new intersection on the Crawford Canyon/Birch Gravel Roads with his own money which is to compensate for the fish also.

            Barbara asked for the board to officially accept the teleconferencing attendance as an option for board members to attend at least part of the monthly board meeting per year.  Phil made a motion seconded by Candy to have teleconference attendance count for attendance at monthly board meetings.  All in favor.  Vance Green and Brent Fullmer stated that they have some better equipment to use next time that will improve the system even more.  As it was, the teleconference call lasted almost 2 hours and 45 minutes.  It was clear for those on the phone.  And those at the meeting could hear those on the phone.  It is hoped that teleconferencing will encourage many more members to become involved in the board meetings since they will not have to drive to attend the meetings.  Vance used a free conferencing company to set the call up.  Each individual person pays for their own phone call (cheaper than gas to drive).  Vance and Brent plan to teleconference the annual meeting also.

 

Review of Protective Covenants

            Larry Walters and Candace had compiled the previous months of work on the PCRs.  All but three areas had been accepted and written.  The three areas of disagreement were discussed. Each of these areas had been previously presented by Dale Clarkson (Option 1), Phil Hall (Option 2), and Larry Walters (Option 3).  Larry W was trying to compromise between Hall and Clarkson.

            1)  #12 Easements:  Phil made a motion, seconded by Candy to approve the following wording for the new proposed PCRs.  Phil, Candy, Larry C, and John in favor.  Dale opposed.  All lots are subject to utilities, access and drainage easements as specified on the recorded plat and established by prior use.  The Association, through its Board, may grant private and/or public utility easements over Association Common Area, including roadways, for the benefit of the Association and its Members.  Other than utility easements, no easement over Association Common Property may be granted to any public or private entity or individual without approval by a 2/3 majority vote of the Membership at a regular or special Membership meeting.

            2)  #14 Rules and Regulations: Larry Clarkson, seconded by John Martine, made a motion to accept the following wording as the proposed PCR wording.  All in favor.

In the event there is a conflict between the Rules and Regulations and these Protective Covenants or the Association Bylaws, the Bylaws and these Protective Covenants shall control.  The Board shall have the authority to amend, change, add to and restate the Rules and Regulations (i) to aid it in administering the affairs of the Association, (ii) to insure that the Properties are maintained and used in a manner consistent with the interests of the Owners,  (iii) to regulate the use of the Common Areas and to regulate the personal conduct of the Members and their guests thereon, and (iv) to establish penalties and fines for the infractions  of any Rules and Regulations, the Bylaws and/or these Protective Covenants.  Changes to the Rules and Regulations shall be submitted to the Membership for comment for 45 days prior to implementation and any provision of the Rules and Regulations may be overturned by a majority vote of the Membership at any regular or special Membership meeting.

            3) #18 Discontinuance of common utility service and suspension of common facility use and voting rights.  Phil Hall made a motion, seconded by John Martine, to accept the following wording for this Protective Covenant.  Phil, John, Larry C, Candy in favor.  Dale opposed. The Board of Directors may suspend the voting rights of a Member for any period during which as assessment remains unpaid.  The Board of Directors may also, after a hearing, suspend the right of the Member to receive utility service paid as a common expense and to use the Common Area and Facilities.  Utility services include, but may not be limited to, receiving water from wells operated by the Association.

                Before terminating utility services or right of access and use of recreational facilities, the Board shall give written notice to the Owner in the manner provided in the Bylaws.  The notice shall inform the Owner (i) that utility service (including the right to receive water from a well operated by the Association) or right of access and use of recreational facilities will be terminated if payment of the assessment is not received within thirty (30) days; (ii) of the amount of the assessment due, including any interest or late payment fee; and (iii) of the right to request a hearing as provided for in this Section.

                An Owner who is given notice may request an informal hearing to dispute the assessment by submitting a written request to the Board within fourteen (14) days after the date on which the Owner receives the notice.  The hearing shall be conducted by the Board in accordance with the standards provided in the Bylaws.  If a hearing is requested, utility services or right of access and use of recreational facilities may not be terminated until after the hearing has been conducted and a final decision has been entered.  Upon payment of the assessment due, including any interest or late payment fee, the Board shall immediately take action to reinstate the terminated utility services and right of access and use of recreational facilities.  See Utah Code Ann. $$ 57-8a-101, et seq.

 

Phil made a motion, seconded by Candy, to accept proposed Protective Covenants 1 – 25 as the board recommended document and submit it to the membership for a vote.  All in favor.

 

Conflict of Interest Policy

            Ron Maehl has been working to establish a conflict of interest policy for the ranch board of directors.  This motion will be submitted for adoption into the Bylaws by vote of the membership at the annual meeting.

 

Roads

            Candy gave a list of roads to Mark Pebley that need attention.  The Meadow Canyon Road just above the fish ponds is next on the list for gravel.  Phil Hall, Lary Sims and others are working on organizing the members of Crawford Canyon to get money to gravel the Crawford Canyon Road.  To date, they have about $12,000 pledged from individual members.  Phil asked for and received permission to haul gravel from the pit for the Crawford Canyon Road.

 

Gravel Pit Policy

            Larry Clarkson is still working on this.  He will have it ready for next meeting.

 

Upper Water System

            Candy, Brent Fullmer, and Larry Clarkson have been working on a new solar system for pumping water at the upper water system.  The proposed system would cost about $2500 and will pump about 1 ˝ gallons per minute continuously for 6 – 8 hours per day.  Dale asked Brent to check into how much more it would cost to get a pump that would do 3 gallons per minute.  All are in favor of using capital improvement money to put in a solar pumping system.  Several have worked on the old propane generator at the upper system.  That generator is about to quit for good.  But Joe Bosze has revitalized it for a few more months (hopefully).

 

Annual Meeting Plans

            Meeting to be September 16, 2006 at 1 pm.  Dinner will be at 5 pm.  Nominations due by August 5.  Ballot to be mailed by Aug 15.  Ken Lent in charge of a work meeting to paint the ranch house the morning of September 16.  Barbara to ask Christy Sergent to be in charge of the pot luck dinner.  Ranch will supply the meat, potatoes, and drink.

 

Portable Potties

            Barbara, Candy, Brent, and Joe to present a plan at the next meeting.

 

Next board meeting will be August 12, 2006 at 1 PM at the ranch.