Scopazzi’s Restaurant, Boulder Creek, CA 95006

Before our formal meeting was called to order, Cal Fire (CF), formerly known as California Division of Forestry, made a presentation in response to a recent incident in which a landowner was burning brush, a neighbor didn’t know it and thought there was a fire because it wasn’t a ‘burn day, and CF and Boulder Creek Fire were called. CF will give us a website so we can find out which days we are allowed to burn; they will also give Jose a list of important phone numbers [enclosed] for each of us to keep. CF very glad to have an entire neighborhood here to address. Sacramento has put a halt on all burning now. If we have any questions about when to burn, call 800-CALBURN in Sacramento. They explained that a ‘backyard burn’ is a hazard reduction. Before we can have a ‘cooking fire’ (to cook food outside) a permit is required – called a ‘warming permit’; however, if the only way someone can cook their food is by cooking outside, a permit isn’t required. In Santa Cruz County there are no permits required in order to make a backyard burn, but call CF to determine whether or not it’s an OK day to burn. The following website should be checked if there are any questions about what can be burned and when. CF is reassured that standard operating procedure is working properly: they have total access to our bridges, which are rated (CF won’t cross a bridge if it is not rated) and CF knows all our gate codes. Question: when doing tree work, should we leave slash, referred to by CF as ladder fuel, on hillside? CF said the slash should be burned or, best of all, chipped. SC County has a chipper program. ‘Ladder fuel’ is flammable fuel: brush, Manzanita, and it needs to be removed. Between 100-300’ around structure should be cleared. CF requested that physical addresses be posted and that they be readable at night, road signs also; important that whenever there is a change in road name, it be documented by letting the local fire department know – also call Emergency Services at the County offices. This ensures that when emergency vehicles are called for injuries, heart attack, etc., there will no problem for trucks to find locations. Important that road maintenance be done regularly. Las Cumbres is ‘first responder’ – whenever they see smoke down in the valley, they will contact fire department.

Meeting called to order at: 1: 35 p.m. by President Jose Radzinsky. Introductions all around. Those present: please refer to enclosed roster: the first column has initials of those attending the meeting, or having given a proxy, or having voted on issues by mail.

President’s Report: Jose told the membership that the Board has been meeting once a month, and reminded us that DCLI is a membership organization and will continue to be so. The Board meets once a month, at which time we address the issues that the membership has directed us. Jose told us that the landowners showing up at the most recent work party was unprecedented – so many landowners showed up that there was no place for everybody to park. He said that he has lived here since 1997 and he has never seen a turnout like this. He thanked the membership and noted that one of the things the turnout signified was that the landowners feel that the Board is doing a good job. He thanked the Board for all its work and thanked the membership for its participation.

It was determined that a quorum was present (needed 22.5 members, including proxies.)

Approval of minutes of 2007: Joseph moved to accept, Hiram 2^nd, approved by acclamation.. Jose reminded us that minutes are posted on our website.

Joseph moved to accept the Addition to Paragraph 6C of the JMA, Herrington (proxy for Johnson) 2^nd. After discussion, the Addition was modified. Joseph OKd, Herrington 2^nd, accepted. Approved by acclamation. The modified Addition is enclosed [basically: allows the 845s to vote on the budget]. Clarified definition of ‘845s’: those landowners who use the road system but who are not members of DCLI. Clarified that the DCLI road system begins at the yellow gate on Deer Creek Road, but DCLI maintains the area from Bear Creek Road up to the yellow gate, and the wording reflecting that fact should be in the Addition. One of the 845s from Palm Drive said that since they now will be entitled to vote on the budget, they should have the say about how the money is spent on the front of the road (from Bear Creek Road up to Palm Drive’s green gate.) It was explained to her that there are other 845s who use the road system and do not live on Palm Drive; explained that the way DCLI budget allocation is developed is by the entire membership determining the needs of the various parts of the road at the annual meeting, and where someone lives and how much of the maintained road they use is not a factor in determining the work that will be done on the road. Discussion, and the Addition was modified, and the motion was agreed upon by acclamation of the members.

Arden moved to accept the Modification of Paragraphs 6 & 7 of the JMA, Herrington 2^nd. Discussion ensued and individuals opposed to the Modification said that all members, whether in arrears or fulfilling payment arrangements or not, should be allowed to vote; that all members should be allowed to vote, not just those who are Members in Good Standing; that many years ago, when parts of the road system weren’t being maintained, some people stopped paying dues and weren’t allowed to vote; that limiting the vote would be tantamount to a poll tax. Individuals agreeing to the Modification said that it wouldn’t be fair for people who do not pay to have a say in how our money is spent; that it wouldn’t be fair to the people who are paying their dues; that if someone is not putting in, they shouldn’t have a say; that it would be tantamount to those who pay subsidizing those who don’t. John Miller and Chris Daly objected, motion passed. Manuela was directed to record the amendments. [Amendments were recorded on May 13, 2008].

Road Manager’s Report.

Tom thanked everyone who helped on our Work Party days – also thanks to those who provided liquid refreshment. We removed 7 trees that were blocking the roadway, filled potholes, repaired asphalt, and refurbished Marilee’s Meadow after it was used as a staging area for vehicles during the construction of the 3^rd bridge. Tom announced that Gordy Stewart’s is running against Mark Stone seat as County Supervisor, and wished him well in his campaign.

Tom listed accomplishments for the year:

· Bridge construction (: $2,000). Total costs:$402,000: breakdown:

o $10,000 grant from County Fish and Game,

o $385,000 grant from CA Water Quality Board, and

o $9,000 from DCLI (includes payment of $2,000 to Palm Drive landowners for the use of their road as a detour during construction)

· Estimated costs for the Deer Creek Heights project were $7,000, but the actual costs were $13,900 because of the enormous amount of buried garbage that had to be disposed of.

· Hartman Creek and Jack’s Road projects: combined cost of $38,973 with a match from DCLI of $13,5000

· Asphalt Paving repair. Sealing costs $6,000 (early rain prevented sealing at the time of repair)

· Grant Summary: total of all grants received is $420,473, and our costs: $23,500.-great return on investment.

Logging:

The two landowners who have done logging on their properties: the logging has been done according to all government agencies’ requirements, and the fulfilling of those requirements resulted in improvements to the areas that DCLI maintains. The two landowners have explained, in writing, that they do not want to pay DCLI the amount determined by our Heavy Vehicle Policy (HVP), defending their position by declaring that the improvements of the road system were of benefit to DCLI and should not be paid for by the logging landowners. Discussion ensued, and it was explained by Tom that all the improvements that were made to the road did in fact benefit the landowners, but all those improvements had been required by the various agencies in order for logging to be done; had the improvements not been done according to the Timber Harvest Plan (THP), which was developed by the various agencies and the forester hired by the landowners, a logging permit would not have been issued. There was a suggestion that there be a caveat put into our HVP stating that any financial negotiations between landowners and DCLI, after a logging operation has been completed, be expressively prohibited. Suggestion that DCLI negotiate with the logging landowners and make a compromise since DCLI benefited from the improvements. Once it was explained by Tom that the improvements were neither requested nor required by DCLI, there was approval by the majority of the membership, and direction that the Board pursue collection of the fees due DCLI per our HVP, and if legal action is necessary, the Board was authorized to hire an attorney to collect the monies owed to DCLI.

Budget (posted on DCLI website). There was a proposal to put in a gate and wait to asphalt the front of Deer Creek Rd. until it’s in – take $8900 out and use it on front of road. Jay moved to accept the budget as presented, Daly 2^nd, Chandik opposed, so accepted.

Secretary’s Report: Manuela reported that 8 landowners have been served and hearings to collect past dues are pending in Small Claims Court. DCLI has placed liens on 5 members’ properties, and in order to place liens on the remaining 3 landowners who are 845s, a Judgment must first be obtained. Mike Brown moved to accept both Road Manager and Secretary’s Report, Chris Daly 2^nd, approved. The hearings are set for June 12, 2008 in Department 9, Superior Court of Santa Cruz. [Correction to minutes as of June 4, 2008: 6 landowners were served – will be serving the other two via other means]

Treasurer’s Report: (posted on DCLI website) Ron gave an explanation of the spreadsheets that he handed out: DCLI Liberty Bank check register, Statement of Financial Position which includes all of the income received and expenses paid for the corporation during FY07/08, and a balances due spreadsheet which shows the road assessments paid to DCLI during the year, and current balances owed at this time. Moved by John Miller to accept Treasurer’s Report, Chris Daly 2^nd, accepted. Ron was acknowledged for his great work.

Elections:

Jose determined by acclamation that the attending members would be comfortable with electing Directors by acclamation rather than secret ballot. 4 positions available: President, Treasurer, and 2 Directors. Manuela read an email by Tys (not present) urging the membership to elect Mike Brown for a Director position (there were 2 vacant), and nominated himself for the 2nd Director position

Tys (by proxy) nominated Mike Brown for Director.

Arden nominated Tys for Director.

Joseph nominated Ron for Treasurer

Manuela nominated Jose for President

Sam Heath nominated Tom Bird for President. Tom declined to run.

Tys, Mike, Ron, and Jose were elected by acclamation.

New business:

Mike Krause announced that he has begun the process to build a home on Coalition Drive/Lou-Bob Shortcut and will honor the DCLI HVP. He is working with CF to obtain a permit. He wanted membership to know that they will be seeing vehicles periodically as he builds, and he will ensure that correct monitoring of vehicles will be done.

Hillary announced that she and Kate are blues musicians and will be appearing at Henflings on May 29^th at 8:00 p.m. She had flyers available and told us that the more people that show up the better because when booking agents see what a big crowd is drawn, it will help ensure more gigs.

Jane asked that scotch broom be cleared because it’s killing native plants. Janet was told that we may have access to a big mower.

Rich Tucker moved to adjourn, Joseph 2^nd, Jose adjourned at 3:25 p.m.

PLEASE NOTE:

Deer Creek Road Landowners, Inc. is now promoting our yahoo group email list. This list will allow you to receive detailed and timely information about the association and our community via email. It will also allow you to broadcast information, requests, or questions to the group. We want as many people as possible on this list, so that we can use it to effectively communicate as quickly and as accurately as possible. There are two ways to sign up for this list.

send an email to deercreekroad-subscribe@yahoogroups.com
go to http://groups.yahoo.com/group/deercreekroad/ and click on the ‘join this group’ button.

We will be posting minutes of meetings, Heavy Vehicle Policy, Past Dues Policy, dates of Board meetings, the JMA, budget, financial information, and other documents that would be of interest to the membership. There is also a format for posting messages. You are welcome to leave a message on the message board for individual Board members.

Tom is needing volunteers to participate when a work day is scheduled. Please post a message on the board if you would like to participate.