Tuesday, November 27, 2007

Minutes - DVLA Board Meeting 11/27/07

Minutes of the Regular Monthly DVLA Board Meeting November 27, 2007

Board Members attending: Cyndy Johnson, Jerry Yurek, Mike Barker, Crystal Phillips, Alan Strebeck
               
Thirty landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda

Alan Strebeck asked that item 7b: meeting protocol be moved up to the beginning of the meeting.  It was decided to make it item 3a.

MOTION was made by Jerry Yurek to accept the amended agenda, Crystal Phillips seconded the motion.  The motion was passed.

2.  Review & approve minutes of the November 7th special meeting.

MOTION was made by Alan Strebeck to approve the November minutes.  Mike Barker seconded the motion.  The motion was passed

3.  President's Message - Cyndy Johnson

In response to a recent criticism of the Board that they do not address complaints, Cyndy wanted to take this opportunity to focus on the accomplishments of the Board.  1) Over the past three years there has been full dues collection.  This has been a group effort by the Board. 2) Crystal Phillips has led the effort to renovate the community center and that work is nearing completion.  3) When it was brought to the Board's attention that fences along SR-18 had areas of disrepair, the Board wrote a letter to the greenbelt landowners and the problems were fixed. When it comes to enforcement the Board looks at the steps needed to get people to cooperate.  The board tries to resolve complaints by encouraging neighbor to neighbor discussion. 

Alan Strebeck reported that he has been looking at improving meeting protocol.  He has looked at various examples and suggests that the Board put in place an organized way to conduct meetings.  When a landowner has an issue they should come up to the front of the meeting room and address the Board. Landowners need to refrain from personal attacks and harsh language.  It is also important that landowners do research on the issues they are presenting.  Is the issue determined in the CC&Rs or is it a State or County issue that is outside the action of the DVLA Board?  Alan put together a draft document for the Board members to review and adopt as a guide for meeting protocol.

4.  Review & approve financial reports - Stella Callagee

Stella asked if a special budget meeting could be set-up in January to start the process.  The Board set a date of January 15, 2008 at 7:00pm in the firehouse to start budget discussions.

MOTION was made by Jerry Yurek to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

5. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  The department had been called out to a motor home fire on the highway.  The owner was able to extinguish the fire with a personal fire extinguisher.  There were a number of medical calls - an accidental shooting in Diamond Valley, a person with chest pains and a broken ankle.

For the most part the vehicles are in good condition.  The Rescue Suburban has needed a complete brake job.

Jay Workman has joined the department which helps cover the Pinion Hills area.  The department is now at 20 volunteers which is the most it has ever had.

Recent training was on water supply.  The department has also provided CPR training for local scout groups.

The burn pile is going well.  Volunteers are there the first and third Saturday of the month from 8:00am to Noon.  The Chief said how much he appreciated their efforts.  The Chief plans to get a dump truck to haul off the burned materials residue. 

The Chief cautioned landowners to be careful of ashes as they cleaned wood stoves in their home.  Ashes should be placed in a metal can with a lockdown lid.  The can should be given a 10 foot clearance from the house.  If ashes became windblown they could start a fire as experienced in the areas around Malibu, CA.

If a landowner wants to burn on their own property they need to call Chief Talbot for a permit.  His home number is: 574-2467 or cell: 703-0931.  In response to a question Chief Talbot said that the permits are date specific. 

The Chief updated the meeting on the issue of pagers.  He and his officers met with the County Commissioners about the problem with the repeaters.  He said the Commissioners appreciated the civil approach.  The Commissioners knew what was happening and committed to try and allocate funds to get the repeaters fixed.  Next year they plan to make the costs a ballot issue.  The cost to maintain the repeaters which page out the fire departments is $150K per year.  The lack of this operating equipment means the County is not prepared for a wide spread emergency.  The signals are too weak and are therefore hit and miss when department personnel need to be paged out.

b. ARC
Trustee Assignments: November – Jerry Yurek, December - Alan Strebeck, January - Mike Barker

Lance Cornwall, Chair of the ARC, reported that there were two final approvals - a garage and shed.

c. Trustee Reports
1. Mike Barker reported on water issues.  Bill Feeney has compiled the information gathered from landowners on the past flooding.  The group which put together the report is seeking a face to face meeting with the County. 

2. Cyndy Johnson reported that she has continued to pursue getting dead trees cut down in the County right of way.  She has received promises this will be done.

6. Old Business
a. Robert Mitchell was on the agenda to talk about a proposed annual meeting ballot issue to limit the number of animals on lots.  He started by saying he appreciates the efforts of the Board.  He is very concerned about any action to limit horse ownership.  He said that horse owners are very passionate and this could be a divisive issue causing contention among neighbors.  County zoning rules are clear in Dammeron Valley and the DVLA cannot just vote to change those rules.  His legal research shows that such an action would be doomed to failure.  If someone wants to change a zoning rule there is a specific process that needs to be pursued through the County. 

Robert Mitchell told the Board that horse owners in the Valley have taken action to form a Dammeron Valley horse owners association.  This group will not only organize activities but also provide a venue for horse owner education and a means of addressing complaints.

Discussion followed.  Laurie Foremaster asked what is the acceptable number on a lot?  Sheri Mandell said that smell was her objection.  Frank Shearer said that in the winter inversion conditions cause some smell, no matter what a horse owner does.  He added that to put this issue on the ballot would be a mistake due to the contention.  Instead horse owners should be good neighbors.  Landowner Patty Arnett said that her property was the one across from the Foremasters.  She has just moved to Dammeron Valley and she has specific plans for setting up her horse area.  She has been waiting for equipment that will be here shortly.  She told the Board she is aware of neighbor concerns.

b. Sally Musemeche reported on the response to the incorporation feasibility study petition.  She discussed the following report which she presented to the Board:
-----------------------------------------------------------------------------------
DVLA INCORPORATION FEASIBILITY STUDY
     SURVEY RESULTS
    November 26, 2007

Background:
An informational meeting was held on November 7th, 2007 at the Dammeron Valley Fire Station regarding possible incorporation of Dammeron Valley as a City.  In response to a request by the Board, I volunteered to lead an information gathering process on behalf of the community to determine interest in requesting (petitioning) Washington County to conduct a feasibility study to identify the impact of incorporation.  In my volunteer capacity, I endeavored to verify the land area and the assessed value of privately held land that would encompass most, if not all of Dammeron Valley, and to solicit responses from land owners who would support petitioning the County for a feasibility study.

Methodology:
I requested data from Washington County pertaining to District 21 which included 457 parcels of privately held land (not including parcels I could readily identify as publicly owned land).   I may well have missed some publicly owned parcels, and if and when actual proposed boundaries are determined the characteristics of the area would change, but I felt it was sufficiently accurate for this informal survey.

Responses were solicited by email.  No phone calls were made, nor were letters sent, so only people who have provided email addresses for either Stella's or Karen's email lists had an opportunity to respond.

Findings:
Total area comprised of privately owned land within the study area:      965 Acres
Total assessed value of privately owned property within the area:        $107,655,551

Number of people responding who wish to proceed with a feasibility study:  25, including 1 person who could not be found in the database and whose information was therefore not included in the results.

Area represented by respondents:         6% of the total (10% required for petition)
Value represented by respondents:        8% of the total (7% required for petition)
It should be noted that I don't believe any developers responded, so the results are not skewed by people or corporations who own very large parcels. 
Respectfully submitted,

Sally Musemeche
--------------------------------------------------------------------------
The next step in the process is to define boundaries for a prospective incorporation and then do a determination of owners and properties within those boundaries.  With this information a petition to request a feasibility study can be presented to the landowners for signature.  If the required signatures are obtained then the County will contract for a feasibility study.  This will be the instrument to help inform Dammeron Valley residents about the costs and impacts of incorporation.   There are public discussions at the conclusion of the study.  Within 18 months after the presentation of the study results there has to be another petition submitted to the County requesting a vote on the issue.  There are public hearings and then a public vote.  Sally pointed out that she herself is not sure if she supports incorporation or not.  The feasibility study is a means of becoming informed.

Sally said that the whole issue came up because Diamond Valley has requested an incorporation feasibility study.  When this effort was unveiled it turned out that their boundaries are coming right up to Dammeron Valley with no buffer.  If incorporation was accomplished, Diamond Valley City, as a bordering municipality would have a say in the future development of Dammeron Valley. 

Cyndy Johnson said at the last meeting the representatives from Diamond Valley indicated they would push back the proposed boundary.  But when checking with the person conducting the study Cyndy found that this has not been done yet.  It may also not be an option to change the boundaries now that the study has started.

The Board discussed the study process and need to put together a committee to establish proposed boundaries.  All agreed that an incorporation feasibility study was the means to obtain information about costs and impacts.  The need for information and clarification was echoed by landowner comments.

MOTION was made by Alan Strebeck to appoint a committee to established proposed boundaries to start the incorporation feasibility study petition process.  Crystal Phillips seconded the motion.  The motion was passed by a unanimous vote.

Sally Musemeche was asked to chair the committee which was established with a one issue charge to recommend boundaries and to present their findings at the January budget meeting date.
--------------------------------------------------------------------------------------------------------
(Note: Sally Musemeche followed up to the Board that the committee would be:

Robert Mitchell
Richard Downer
Brooks Pace
Two members from the DVLA Board - Cyndy Johnson and Alan Strebeck
Sally Musemeche (Chair)
-------------------------------------------------------------------------------------------------------

7. New Business
a. Brooks Pace and Carol Thorpe came to answer landowner questions about the Water Company.  They discussed billing rates.  Carol Thorpe said that she was willing to go over rates and bills with individual landowners who had questions.  Landowners should call the Water Company: 435-574-2295.

b. Cyndy Johnson said that an upcoming highway clean-up would again be held on a weekday to see if that schedule could work.  Details would be posted at the mailbox notice board.

8. Adjournment 9:00pm- MOTION was made by Jerry Yurek to adjourn the meeting.   The motion was passed.

Stella Callagee
Recording Secretary

Wednesday, November 7, 2007

Minutes - DVLA Board Meeting 11/07/07

Minutes of the Special DVLA Board Meeting November 7, 2007

Board Members attending: Cyndy Johnson, Mike Barker, Crystal Phillips, Alan Strebeck                Absent: Jerry Yurek

Seventy four landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Review & approve minutes of the October 30, 2007 regular Board meeting.

MOTION was made by Crystal Phillips to approve the October minutes.  Mike Barker seconded the motion.  The motion was passed.

2. Purpose of this special meeting - Cyndy Johnson
Cyndy Johnson explained that this special meeting was a fact finding session.  Diamond Valley has petitioned the County to incorporate as a city.  Brooks Pace approached the Board about looking at the pros and cons of having Dammeron Valley also submit a petition.  Brooks had Attorney Robert Mitchell prepare a fact sheet about the incorporation process.  (see attached)  Diamond Valley was proposing a boundary line that would come right up to Dammeron Valley, having ramification for future development.

Attorney Robert Mitchell began the discussion.  He is a resident of Dammeron Valley and lives in the Ranches subdivision.  He and his wife plan to make this their home for a long time.  He has law offices in Phoenix, AZ and St. George and specializes in real estate development issues.  He pointed out that Dammeron Valley is surrounded by private and State Trust lands.  These lands are going to be developed probably in the next two to six years and there will be an additional 400 homes in Dammeron Valley.  The purpose of incorporation would be for the Valley to have a say in controlling the growth in the area.  He cited the example of Paradise Valley in Phoenix, AZ.  Paradise Valley was a rural area, much like Dammeron Valley, which had been on the outskirts of the city and had planned for growth.  The area is now in the middle of Phoenix and is a highly desirable area to live due to the planning which controlled growth in keeping with its original community character.  The homes in Paradise Valley now sell for millions.  Attorney Mitchell sees Dammeron Valley as an early Paradise Valley.  Now is the time to consider incorporation.  He hoped that with the information he had provided and this type of discussion this can be a positive process.

Attorney Mitchell said that incorporation would allow the Valley to take control of development.  Right now the area is governed by County regulations which are changing.  For example, new developments are required to have curbs and gutters which are not in character with this community.  Diamond Valley has submitted a petition to the County to incorporate.  Their boundary line is right up to the Rice property.

Brooks Pace explained that currently there are 2,000 acres of BLM land for sale in the area.  There is no water on the property right now but if a pipeline is brought up to the land,  development would be explosive.  Brooks has been talking with the BLM about trading this land out for other areas and taking it off the market.  The BLM agrees it is a poor piece to sell.  Brooks will be talking with the County Commissioners about making this parcel protected from development.  Also, there are surrounding State Trust lands which Dammeron Corporation is negotiating to buy.  Brooks plans on an average of 2 acre lots on a total 560 acres.  Other developers could try and bring in higher density.  Brooks has a verbal agreement with the State at this point. 

In answer to a question from a landowner about sewers, Brooks explained that all future development would have to involve sewers.  Even if Dammeron Valley incorporated, there would have to be sewers for new lots.  The advantage of incorporation would give Dammeron Valley control over its own zoning.  New County regulations require curbs and also no trees within 30 feet of a residence. 

A landowner asked what would happen to the DVLA Board?  Attorney Mitchell said it would probably go to a four year term becoming a council with a mayor. 

Brooks Pace said that the first step is for the Valley to decide to request a feasibility study.  This is done by the County, at their cost.  There are many questions that would be answered by the study.  Many of the services now covered by the County would be contracted for with the County – like police, road maintenance, building inspection, tax collection and other administrative costs.  The study would look at all of this and indicate the costs to landowners.

Dave Brown asked what would happen to the Special Services District?  Brooks said that the County wants to form a County-wide special services district for sewer plants.  The current Special Services District would be disbanded.  This would make the fire department a municipal fire department - still volunteer.

Attorney Mitchell explained that to start the process 10% of the landowners in the Valley, owning 7% of the property would have to submit a petition to the County requesting a feasibility study.  The County officials he has contacted support local community governance.  There would probably not be any opposition from the County if Dammeron Valley went this route.  The feasibility study would give the Valley landowners information which would help them make a decision.  After the feasibility study was prepared there would be public meetings and then 30% of the community would have to petition for the incorporation.  Following a petition for incorporation there would be a special election.

Several landowners attending told of their personal experiences with incorporation in other areas such as California and Far West.  Their experiences were not positive as services cost more than originally shown in the feasibility studies and taxes were much higher.  One of the problems pointed out was that communities receive tax revenue from commercial property and Dammeron Valley is not zoned for much commercial activity.  Attorney Mitchell pointed out that the cons being discussed were anecdotal and unique to other areas.  A feasibility study would give information about the costs and impacts for Dammeron Valley.

Sheri Mandell asked if the new Washington County regulations about curbs, gutters and trees could impact existing homes?  Brooks Pace said no, it was only for new development.

A landowner asked if incorporated, would Dammeron Valley have to have a courthouse and jail?  Brooks Pace said no, those services would be contracted for with the County.

Leslie Koepke asked about what would happen to the current CC&Rs?  Brooks said that they would become the rules for Valley zoning.  Subdivisions could choose to keep their separate rules.  Attorney Mitchell pointed out that an advantage of incorporation would be to maintain and protect current restrictions.

Cyndy Johnson said that she had been keeping a list of pros and cons.  Among the pros were: control of planning and zoning, no curb and gutters in new development, control over the 2,000 acres that are currently for sale.  For the cons: possible tax increases, higher fees, ordinances can change CC&Rs.

Attorney Mitchell said that the feasibility study is a first step only; it is not a yes or no to incorporation.  Dammeron Valley is going to grow.  The question is whether or not we want to control that growth locally or be regulated by the County.  He strongly recommended looking into a feasibility study.

Cyndy Johnson asked for a straw vote of those landowners in attendance on starting the process for a feasibility study.  Alan Strebeck and Mike Barker pointed out that this vote would not be binding.  Mike Barker also noted that this was the first that he was hearing about possible incorporation so he had no information other than that given tonight.  It was decided to conduct an informal straw poll of those in attendance - 34 attendees indicated they were for starting the process for a feasibility study and 16 were against. 

Gary Jensen pointed out that the entire method of paying taxes/fees would be changed.  Landowners would be paying based on the size of their home.

Landowner Sally Musemeche volunteered to help gather information about the numbers needed to get a feasibility study petition going and also to gather landowner interest.  She would put together a letter for the Board to send out to all landowners (see attached letter which went out shortly after this meeting.)

Representatives of Diamond Valley came in towards the end of the meeting to discuss their petition process.  Based on the concern about the boundary line that came right up to Dammeron Valley the representatives said they would be willing to pull back that line.  They also talked with the Board about their experience with the feasibility study process.  Diamond Valley was looking into incorporation because unregulated development was coming into their area and they were seeking to control growth in keeping with the character of their community.

2. Adjournment 9:00pm- MOTION was made by Alan Strebeck to adjourn the meeting, Mark Barker seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Tuesday, October 30, 2007

Minutes - DVLA Board Meeting 10/30/07

Minutes of the Regular Monthly DVLA Board Meeting October 30, 2007

Board Members attending: Jerry Yurek, Mike Barker, Crystal Phillips, Alan Strebeck        Absent: Cyndy Johnson

Twenty four landowners were in attendance.

Vice President Jerry Yurek called the meeting to order at 7:00pm. 

1.  Approval of Agenda

MOTION was made by Crystal Phillips to accept the amended agenda, Alan Strebeck seconded the motion.  The motion was passed.

2.  Review & approve minutes of the September meeting.

MOTION was made by Alan Strebeck to approve the September minutes.  Crystal Phillips seconded the motion.  The motion was passed

3.  President's Message
Jerry Yurek told the group that he had been traveling to a lot of different places over the last couple of months.  He found that he appreciated our Valley even more upon his return.

4.  Review & approve financial reports - Stella Callagee

Stella Callagee reported that only one lot remained with unpaid dues and it was in the process of being sold.  The title company had been sent an invoice with the applicable late fees.  Also, there was one landowner who had paid the yearly dues amount of $270 in October but did not include the late fees.  Since the landowner had not requested a special payment plan from the Board an invoice for those late fees had been sent out. 

MOTION was made by Crystal Phillips to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

5. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  There were no fires in the past month. He said that the wildland fire season is pretty much over and now the department is gearing up for possible structural fires which occur more in the winter.  He encouraged landowners to get their chimneys and wood burning stoves cleaned.  He was unsure on the requirements for gas stoves but cautioned landowners to also make sure they were ready for the winter season. 

The department responded to two medical calls, both fatalities.  One call was in the Valley and the other at Baker Reservoir.

The Chief welcomed a new fire fighter - Max Sorenson.  He also thanked Ned and Mary Cordery for making a CD of pictures from the annual department party. 

The Chief thanked the landowners who were volunteering to man the burn pile gate.  The burn pile is open the first and third Saturdays of each month.  As of November 1st Chief Talbot is able to give landowners a permit to burn on their own property.  Call the Chief and he will go over the burn permit requirements with you.  Alan Strebeck added that the burn pile Saturdays are manned through 11/17/07.  If landowners would be willing to help after that date they can contact the Chief or a Board member.

The Chief asked for a donation of a junk car for extrication training.  He asked that if someone has a car to donate, they call him.

The Chief reported on the status of the County repeater station.  There is a station on Flattop Mountain which sends out 911 pages to this area, including Enterprise, Veyo, Diamond Valley and Dammeron Valley.  The problem is that the site is very vulnerable to lighting strikes.  After the latest strikes the repeater is only about 40% functional.  This means that 911 pages are sporadic, at best.  The repeater is owned by the County Chiefs Association and each repair can be as much as $100,000.  Over the past years the County Emergency Services Dept. has been making the repairs by using their budget funds.  The County can no longer afford to do this and if each Chief in the area was to try to fund the repairs it would be over $20,000 per community.  As the Chief pointed out, his yearly budget for the fire department is just about that amount.  The Chief advised the Valley landowners that the Chief's Association is working on a solution to this problem and asked that individuals not get involved at this point.  The Chiefs would be making a presentation at an upcoming meeting with the County and he was hopeful that there could be a reasonable solution worked out with the County.  He added that the Dixie Regional Medical Center provides medical direction for the volunteer emergency services and they are aware of the repeater problem.  They will be working with the Chiefs too on a timely solution.  He promised to report back at next month's meeting.

A landowner asked about the DVLAs liability because of this situation.  The Chief responded that there is no liability.  The level of service provided by the Dammeron Valley Fire Department and the others is that of a volunteer, unlicensed service.  It is a Good Samaritan effort and therefore does not carry the liability of a licensed service.

The Chief made a request for volunteers from the Pinion Hills "top" section.  It is a high risk area and he is concerned that the department does not have any members who can provide assessment during an emergency.  If you can help out, please call Chief Talbot.


b. ARC
Trustee Assignments: October - Crystal Phillips, November - Jerry Yurek, December - Alan Strebeck, January - Mike Barker

Lance Cornwall, Chair of the ARC, did not have any activity to report for the past month.

c. Trustee Reports
1.  Crystal Phillips reported that the big door for the Community Center has been fixed so that water will not be able to get under it.

2.  Jerry Yurek introduced Mac Thomson to talk about the Community Fire Safe program.  Mac urged those taking advantage of the burn pile reopening to make sure they fill out a matching funds sheet documenting their efforts.  The Valley receives approximately $17.00/hour of in-kind services from the State.  Ned Cordery is the coordinator for the chipping machine program that is available to landowners.  Contact Ned if you would like the State to chip brush on your land, for your use, or to be hauled away.  Those operating the chipper work under the direction of the landowner.

3.  Alan Strebeck said that the Board hoped to have a speaker come to a future meeting to talk about noxious weeds.  Alan was advised that there is a business just past IFA called Steve Reagans which can provide landowners the best products to get rid of tumbleweeds and Russian thistle.  Alan noted that Russian thistle, though problematic, is not classified as a "noxious" weed.  As discussed at the last meeting he said that the CC&Rs do say that landowners must maintain their property.  Landowners will be notified when a speaker can come to an upcoming Board meeting.

4.  Alan Strebeck also asked the Board members to review a document he had sent to them in respect to establishing meeting protocol.  He asked that they send him their feedback.

6. Old Business
a.  Mike Barker reported on water issues.  The County is aware of the problems in Dammeron Valley.  One of the early objectives of the report was to advise bidders of the adjacent State Trust Lands up for sale of the ramifications of development in the natural wash areas.  It turned out the land had been closed ahead of time with one bidder.  The committee putting the information together was getting it all onto a CD which would be given to the County.  Landowners had given the committee additional pictures of drainage problems from the Bonnie Springs area - which was affecting lots in the Ranches.  Sally Musemeche told the Board that she had been on planning commissions in the past and she felt it was important that the County Planning Commission also be made aware of the drainage problems as they looked at future development.  She recommended a letter be sent to the Planning Commission.

7. New Business
a.  Landowner Eddie Zawacki talked about severe flooding problems she had experienced due to a neighbors wall diverting water onto her property.  The County Public Works had advised her that it is illegal for an individual to change the water flow.  It becomes a civil matter that an individual landowner must pursue.  Discussion by the landowners present pointed out that as development occurs in the Valley there will be more problems like those experienced by Eddie Zawacki.

Landowner Bob Reever talked about his experience with flood insurance.  In the past he had been able to get flood insurance for a minimal amount.  Recently when he contacted his agent it had risen to $700/year.

b.  The Board discussed Christmas Party assignments.  Some of those involved were not at the meeting so Crystal Philips was going to continue checking on where folks where with the different parts of the party.  It will be held the first Monday of December at the firehouse.  A flyer was going out to all landowners in the water bills.

c.  Laurie Foremaster is proposing an Annual Meeting ballot item to limit the number of animals on lots.  She had sent the Board a letter which she asked be made a part of the minutes.  (See attachment to these minutes).  She said that there are properties which are making the Valley look trashy and the cause is a large number of animals on those lots. 

Alan Strebeck reported that he had gone to meet with Attorney Patterson of the County.  There is a process that an individual can go through with the County to ask for a change in the zoning laws - in this case to affect the number of animals on the 5-acre lots.  It was a procedure that the County takes seriously and would involve public input and meetings.  Alan told Laurie that she should talk with Attorney Patterson.

Attorney Patterson also told Alan that a homeowner's association could make a County regulation more restrictive.  But if it did, that entity was entirely responsible for enforcement of the rules voted in.  The County did not enforce homeowner rules.    Alan asked what kind of enforcement the DVLA Board could do.  Landowners in the past had only voted for a $2,000 legal budget and making any changes such as this would require a lot of legal advice and possible litigation.

Jan Yergensen asked the question - why do we need a homeowner's association if the rules are not enforced?

Bob Reever said that he was a retired lawyer and would be willing to work for free with Laurie Foremaster on drafting a ballot issue for the Annual Meeting.  He recommended a series of fines and liens on properties.

Alan Strebeck said that the By-laws had a process for submitting ballot items for the Annual Meeting.  The ballot item had to be submitted to the Board 60 days before the Annual Meeting. 

Lance Cornwall stated that he had bought a 5-acre lot so he could have horses.  If the DVLA was going to start limiting the number of horses he and others would be driven out.  Stella Callagee supported Lance's comments and pointed out that everyone's property values would be affected by such an action.  Laurie Foremaster responded that trashy looking properties also affect property values.

Fran Perue asked why the landowner referred to in Laurie Foremaster's letter was allowed to move into the Meadows.  The Board pointed out that there is no limit on the number of large animals in the Meadows subdivision.

Stella Callagee referred landowners to copies of the past minutes where Cyndy Johnson had obtained information concerning who to call in the County if neighbors were experiencing health related issues due to problems on another property.  She also made available to those attending copies of the September 2005 minutes when Attorney Patterson had come to the meeting to talk about the RA-5 lots. 

Landowner Barbara Hjelle said that in her opinion a vote of the DVLA on this issue would not be binding.  She said that the expense of subsequent litigation would be substantial for the DVLA.  She encouraged the Board to take a vote to not accept this as a ballot issue and refer the landowner back to the County.

Bob Reever said he did not agree with Barbara Hjelle.  He was offering to help write the ballot issue for free.  He wanted to avoid the need to see lawyers involved and going to court.  Fines could be imposed and liens put on properties.

Sheri Mandell said that she had written a letter to the Board several months ago about the particular property in the Meadows.  She agreed that fines should be set-up if landowners are not following the CC&Rs.  Alan Strebeck said that the County contact he had for complaints about problem properties was: Kent Gardner at 435-634-5714.  He advised landowners to take their complaints to the County.  Sheri Mandell said that the Board now had more than two complaints about a particular property.  She felt that the landowner's association had more power than an individual and she felt the DVLA Board should also place a call to Kent Gardner, telling him of the complaints that had been brought to the Board.

Sally Musemeche warned of selective enforcement.  If the DVLA is going to start looking at the number of large animals issue then there were other violations that needed to be addressed. 

Jerry Yurek closed the discussion by thanking those who had offered their opinions and insights.  He said it was a complicated issue and he saw the many sides as presented tonight.  The DVLA Board does not have an instant answer and there needs to be further discussion by the Board.

8. Adjournment 8:30pm- MOTION was made by Mike Barker to adjourn the meeting, Crystal Phillips seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Thursday, September 27, 2007

Minutes - DVLA Board Meeting 09/27/07

Minutes of the Regular Monthly DVLA Board Meeting September 25, 2007

Board Members attending: Cyndy Johnson, Mike Barker, Crystal Phillips, Alan Strebeck                  Absent: Jerry Yurek

Twenty one landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda
Cyndy Johnson said that item 7e, concerning recycling, would be postponed to a future date.

MOTION was made by Crystal Phillips to accept the amended agenda, Mike Barker seconded the motion.  The motion was passed.

2.  Review & approve minutes of the August meeting.

MOTION was made by Mike Barker to approve the August minutes.  Crystal Phillips seconded the motion.  The motion was passed

3.  President's Message
Cyndy Johnson said that she has been attending a special class taught at Dixie State College by Tim Eicher.  The course is about strengthening relationships.  One of the important ideas discussed is about the need to recognize other people as people and not objects.  With the recent flooding issues she urged everyone to recognize their neighbors as having the same concerns and personal issues as themselves. 

4.  Review & approve financial reports - Stella Callagee

MOTION was made by Crystal Phillips to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

5. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  There were no fires in the past month.  The department responded to two medical calls.

There are three new volunteers in the department: Kathy Mason - fire fighter/EMT; Clint Andersen - fire fighter; Scott Baliff - fire fighter.  The fire fighter of the year award has been awarded to Maciej Szczerbiak.


The department had recent training on building construction.  It is important for fire fighters to understand aspects of construction in the event they need to breech a building.  Upcoming training for the department will be on ropes.

The fire house has a new generator which will be able to power most of the building in the event of an emergency.

The burn pile will be reopened on a limited basis starting October 1st - two Saturday mornings a month from 8:00 - Noon.  Two landowner volunteers will handle the gate.  A list of instructions will be supplied concerning which materials can be accepted - rule of thumb, no man-made materials and also no manure, hay or hay cubes.  In November the fire department will start burning off the burn pile.

Kyle Talbot reported also for the park - there is a landowner who wants to buy the old park swing for $100.  This was approved.

b. ARC
Trustee Assignments: September - Cyndy Johnson, October - Crystal Phillips, November - Jerry Yurek

Lance Cornwall, Chair of the ARC, gave the report.  The committee granted the following approvals - two fences: Canyon Trails lots 12 and 30; replacing stucco - Meadows lot 8; a new shed - Homesteads lot 21; a garage - Ranches 28 and a porch - Homesteads 53.

c. Trustee Reports
1.  Crystal Phillips reported that the Community Center has been stained and the trim repainted.  The next project will be to finish the inside.  A work party is being put together.

2.  Cyndy Johnson said that Kim Ahrenholtz is working on the kiosk for real estate information.  Kim spoke about the project.  At the current time there are about 15 homes on the market, two or three of them are for sale by owner.  There are also about 20 lots available for sale.  The kiosk will be placed near the mailboxes and provide a place where flyers can be placed.  The idea is to cut down on the number of signs placed at the entrances.

3.  Cyndy Johnson reported that highway clean-up will be held October 29th.

4.  Cyndy Johnson said that the DVLA will again ask for a Christmas gift for the park or community center.  Last year was the first time for this effort and it had been successful.  Landowners could give a donation in lieu of gifts to their neighbors and the donations would be acknowledged.

6.  Old Business
a. Update on flood response
Mike Barker reported that the response effort has not proceeded as quickly as expected.  The information for the County is being put together.  He has spoken with the County and he was told there were a lot of areas severely affected by flooding and Dammeron Valley is not at the top of the priority list.  A petition to be sent to the County is being put together for landowners to sign so that the Valley will present a united front.

Clara Hoppal talked about a problem in her neighborhood where boards had been put in the culvert to divert water away from a lot, only to go onto other lots.  She had called the County and they had responded right away. 

Cyndy Johnson urged landowners to also make individual calls to the County about flooding issues.  She thanked those who had helped with the sand bagging effort.

b.  Status of dues collection
Stella Callagee reported that there are six unpaid lots remaining.  Liens will be placed if payment is not received within the next month.  Monthly invoices with a letter expressing the Board's concern and the steps in the lien process are being sent to the landowners.

7. New Business
a. Weed control and abatement
Lang Foremaster said that the weed problem is getting worse.  The goatheads and Russian thistle are widespread.  Russian thistle is highly flammable and will blow into the sagebrush, creating a fire hazard.  Those landowners who destroy the natural land cover are only making a fertile area for weeds to become reestablished.  The CC&Rs say that landowners are suppose to keep up their property.  These weeds need to be cleaned out in the Spring, before they are allowed to mature.

Lang Foremaster asked the board to form a committee which would handle weed control.  The committee will remind the property owners of the need for weed control.  The DVLA would enforce the weed abatement violations.  The committee would take on projects such as sending out flyers with information.  He would be happy to serve on the committee.

Cyndy Johnson said that she had talked with the County employee responsible for weed control.  The County had done some spraying in the Valley but not before the goatheads had gotten established.  The County asked that the landowners let them know when they start to see these weeds in the Spring.  The County can then take steps to spray while the plants are young.

Mike Barker said the enforcement part of the proposal is problematic as there is just a short period of time when the weeds can be eliminated.

Crystal Phillips suggested that when the weeds start to show that the Board have Karen send out an email to landowners alerting them to the need to get rid of them.  Lang Foremaster said that goatheads are sensitive to herbicide.  The seeds need to be killed too as germination is timed.  Landowners need to be consistent when working to eradicate them. 

Wayne Staab said the committee would be a good idea to help educate landowners about weeds. 

The Board decided to establish a Weed Abatement Education Committee.  They are looking for volunteers to join Lang Foremaster in this effort.  Interested landowners can contact a Board member.

b. Review of Watts fence request
The ARC had denied the Watts fence (lot OFSo 05) request due to the materials being proposed for the fence – pipe.  The fence will be in the greenbelt area.  The Watts pointed out the CC&Rs say "may" in describing materials about the posts. The Watts asked for a variance from the Architectural Guidelines which specified wood materials A landowner suggested that if a variance is granted that it be very specific so that narrow pipe fencing does not start going up. 

MOTION was made by Alan Strebeck to accept the fence as proposed by the Watts with the following specific requirements - 4 inch posts and rails that are 2 7/8 inches.  Crystal Phillips seconded the motion.  It was passed by a unanimous vote.

c. Report on Homeowner Association Seminar - Legality of Fines
Cyndy Johnson attended a seminar about the legality of fines.  In order to levy fines a homeowners association has to have this process allowed in their governing documents.  Her reading of the DVLA documents would support fines.  The DVLA would need to police the process.  The Utah code involved in the fine process requires a lot of follow-up and diligence. 

d. Neighborhood Watch
The watch group has had their first meeting.  Right now only a couple of neighborhoods are not covered.  The group is looking into some sort of notice or sticker that can be put on phones and signs that can be put up in the Valley.

e. Realtor and private signs
Signs in the Valley can only be a five foot span.

f. ATV use in the Valley
Kevin Dye talked about those who want to access BLM trails using Valley streets as access points.  Alan Strebeck pointed out that there are no designated ATV trails immediately around Dammeron Valley. 

Kevin said that he would like to put up signs that tell riders to slow down and not create dust.  A landowner pointed out that where ATVs are traveling now in the Valley - streets, along SR-18  are not legal routes.  Therefore putting up signs would try to make something that is illegal appear legal.

Chief Talbot said that his house is near an access point to BLM lands and he has had zero problems with the ATV riders.  Other landowners said that their experience has not been the same.  There is excessive speed and dust, and riders agitate horses.

Cyndy Johnson and the other Board members encouraged the responsible ATV riders to educate those who are causing problems.  Alan Strebeck referred ATV riders to the letter the Board had sent out as it provided links to trail system information and the laws about ATV operation.

g. Water Company Issues
Cyndy Johnson said that in response to requests the Board would try to set-up a meeting with the Water Company so landowners could come with their questions about the changes in water use charges. 

7. Adjournment 9:20pm - MOTION was made by Alan Strebeck to adjourn the meeting, Mike Barker seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Tuesday, August 28, 2007

Flood Survey Report

Flood Survey Report
Independent surface water flooding; locations, evaluations and recommendations related to severe storm on August 1, 2007

Participants:
Roger Phillips, Dammeron Valley resident
Brooks Pace, DV resident and developer
Mac Thomson, DV resident

On August 14, 2007, the participants began the review aided by an aerial photo showing highway 18 and Dammeron Valley.  Noted on the photo were highway culvert locations and sizes of culverts noted in 2005, as well as approximate water flow locations in Dammeron Valley following that year's above normal storm.

Using the photo and subdivision overlay as references, the following are our approximation of problem areas as well as recommendations to either reduce or negate future storm water damage to residences and/or property.

Our review started at mile marker 16 on highway 18 and proceeded north on highway 18.  Culvert #1 is located approximately 200 yards north of mile marker 16.  It is + or - 5'6' in diameter.  Debris is piled 18-24 inches above the culvert neck on the highway road bed.  It could not handle the water volume from the drainage channel and the surplus water headed north parallel to the highway and began to cross the highway moving west and did that continuously for over two miles according to debris flow patterns as well as Thomsons observations during the August 1 storm.

What waters did pass through the next two culverts as well as over road flow also took a westward flow pattern into the Dammeron Valley development beginning at the southeast corner of Dammeron Valley causing some surface damage to two lots. 

All water crossing highway 18 (from 1' to 12' +) westbound entered Dammeron Valley in sheets or flow and proceeded northwesterly across properties.  The most severe damages were related to:

    Homestead Road west and intersections at Meadow Drive
      Old Farms Drive and Dammeron Valley Dr. West
   
At all these intersections there is no sign of adequate or existing drainage nor culverts.  Several homes were damaged on Old Farms Rd.

Water then proceeded northerly along Old Farms Rd. to Dammeron Valley Dr. West and was further increased in volume by a westerly highway overflow to approximately mile marker 18.  These waters either flowed through the east side of the Old Farms subdivision or west on Dammeron Valley Dr. West where they crossed the road and continued west through a pasture then followed a fence line and were joined by the northerly flow which had crossed Orchard.  These combined waters damaged property on Orchard, crossed Wild Herb Rd. prior to Coyote Way and damaged 2 more homes.  The flow continued west on Coyote Way to the large lake that normally accumulates at Coyote Way and Homestead due to a lack of a culvert or ford.  The water from that point tends to follow Homestead west, building from overland flow from the north and east until it leaves Homestead after running over and through several lots and crossing in to and across Sand Cove Circle and 3 lots there including the west end of the Pinion Hills leach field ending up at Upper Sand Cove reservoir area.

The east side of Dammeron Valley from highway 18 was primarily affected by overland water flow beyond that which the Bonnie Springs normal channel could carry, across highway 18 westward damaging properties at the end of Carter Pond Rd.

Recommendations:

UDOT replace culverts #2 and #3 with a second high capacity culvert similar to culvert #1 and direct that water southwest to join that flow of culvert #1 for natural drainage westward. 

Develop a large barrow ditch from culvert #3 parallel to highway 18 on the east side, north to the north end of Dammeron Valley west (natural Bonnie Springs drainage to Sand Cove) and block off existing east to west culverts ( 3 through 13); use either fords or high volume squash culverts for east entrances to Dammeron Valley and side roads on east side of highway 18.  Use high capacity box culvert to carry entire flow east to west under highway 18 to natural channels ending up at Upper Sand Cove area. 

Washington Co. Road Department.  Correct/upgrade all roadside barrow drainages within subdivision and install proper culverts and right-of-way armoring.  Require all landowners that need culverts to install code required sizes. 

Install adequate culverts at all intersections to direct water to desired locations.

Reinstall the ford at the end of Carter Pond Rd. or at least culverts of a capacity to carry newly directed flow or as a minimum, the capacity of water now directed by the 4 each 36” culverts that cross highway 18. (identified as 14-17) at the natural Bonnie Springs drainage location.

Direct water parallel to Homestead Drive westerly to the Dammeron Valley SSD lot/Pinion Hills leach field into a ditch running northerly east of the leach field to protect the leach field and Sand Cove Circle homes.

Washington Co. Road Department could consider capture of the westerly water flow at Wild Herb Rd. and direct it north to State land after crossing Coyote Way in a ditch to reduce total flow west on Coyote Way.

Washington County should look at existing building codes and modify if necessary the height of new home pads/basement walls, above ground surfaces, if street water flow is anticipated in newly developed areas.

Dammeron Valley Developers:

Anticipate high surface water flows based on natural topography when creating new CC&Rs for future subdivisions in Dammeron Valley and realizing that with each home built, there will be more water run-off even on gently sloping lands.  Surface vegetation or other features for landscaping should be encouraged to slow water flow and encourage percolation versus run-off.

All Dammeron Valley Residents:

Landscape as necessary to not only protect your own homes but also so as not to create greater hazards to your neighbors downstream.  Try to slow surface water to aid percolation - not funnel it so that it channels, erodes and washes debris downstream

Minutes - DVLA Board Meeting 08/28/07

Minutes of the Regular Monthly DVLA Board Meeting August 28, 2007

Board Members attending: Cyndy Johnson, Mike Barker, Crystal Phillips, Alan Strebeck                Absent: Jerry Yurek

Fifty nine landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda

MOTION was made by Alan Strebeck to accept the agenda, Mike Barker seconded the motion.  The motion was passed.

2.  Review & approve minutes of the July meeting.

MOTION was made by Mike Barker to approve the July minutes.  Alan Strebeck seconded the motion.  The motion was passed

3.  Review & approve financial reports - Stella Callagee

MOTION was made by Crystal Phillips to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

4. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  He reported that the department had responded to three medical calls over the past month.  The department had also responded to two flooding situations.  He thanked the BLM for calling in over 50 fire fighters to help the department volunteers.  He also thanked Russ Feller for two loads of red cinders used to fill sandbags.  There are still about 25 yards available behind the fire house.  He also expressed appreciation for the help from homeowners who helped with the flooding situations.  Landowners can keep the sandbags that are in or on their property.  The Chief is not going to be able to obtain additional free sandbags and has one bundle left.  The bags need to be stacked and covered with a tarp as they are biodegradable and deteriorate in the sun.

Four fire fighters attended the state fire academy in Provo. 

The fire vehicles are all in good shape.  The large engine will participate in the Lion's Round-up parade.  If families are attending that event and the children would like to ride on the engine during the parade, they are welcome to meet the engine and there will be adult supervision.

b. ARC
Trustee Assignments: August - Mike Barker, September - Cyndy Johnson, October - Crystal Phillips, November - Jerry Yurek

Lance Cornwall, Chair of the ARC, gave the report.  There were four approvals - a fence in the Canyon Trails subdivision, lot #3, a barn in Homesteads, a fence on Old Farms South Lot #9 and a greenhouse and garage on PHIII-65.  A fence on Old Farms South, Lot #5 was denied.

c. Trustee Reports
1.  Crystal Phillips reported that the Community Center has been stained.  Tim Fuchs donated his time and equipment and did the staining.  The next project will be to finish the trim and then tape and texture the inside.  When ready the Community Center will be available for public meetings and other events.  Details will have to be worked out such as how much will be charged for a cleaning deposit, etc..

2.  Cyndy Johnson is working with the County to have the dead trees cut down in the right of ways.  She is trying to find out if a private person can cut down the trees for the wood.

3.  Mike Barker said that a neighborhood watch is being put together.  Landowner John Burns has volunteered to head the effort.  Volunteers will be needed in each subdivision.

4.  Alan Strebeck said that landowners need to keep working on making their properties fire defensible.  Forms should continue to be sent in to the firewise committee.

5.  Old Business
a. Flood findings
Mike Barker and Mac Thomson gave a presentation on flood findings.  Landowners have been sending in documentation, emails and pictures of the recent flooding.  The effort of the group headed by Mike and Mac has been to focus on where the problems are.  The DVLA needs to present this information to the State and County.  As part of the process Mac Thomson, Brooks Pace and Roger Phillips surveyed the culverts and marked an aerial map as to there the water is going. This map was shown to the Board and landowners.  At the end of the minutes is the draft report that was compiled from the survey.

Mac Thomson pointed out that 285 acres of State lands around the Valley perimeter are up for bid.  There are three parcels that are going for sale on 11/8/07.  The goal of the Committee is to get letters send to UDOT, Washington County and the State entity selling the property so that future owners are made aware of the water flow issues.  As pointed out in the discussion more building will only cause additional disruption of the water flow.  The Valley needs to get the attention of the County and State as the flooding will only become more extensive.  Mac asked those attending to come up after the meeting and help annotate the map with water flow issues that were not already shown.

Cyndy Johnson said a date should be established to get the documentation to the State and County entities.  It was agreed that all documentation would be put together and submitted during the first week of September.

b.  Status of dues collection process
Stella Callagee reviewed the list of unpaid lots with the Board.  The September invoice, per policy will raise the total late fee to $45 plus $30 for a lien filing fee.  Liens will be filed after October 1st.

c.  Cyndy Johnson reported on weed control.  The goathead weeds have been a real problem.  The County has sprayed the east side of the Valley but did not get to the west side.  Spraying did not get ahead of the goatheads this year.  The County representative asked that landowners let them know when the weeds begin to appear so spraying can be done earlier.

d.  Report on OHV Issues
Alan Strebeck drafted a letter from the Board to landowners concerning OHV use in the Valley that will go out with the water bill.  He noted that OHV is a misnomer as these are restricted trail vehicles.  OHVs cannot be ridden expect on a designated trail.  There are no trails in Dammeron Valley.  OHVs also cannot ride on private property without permission of the landowner.  In response to a question from a landowner Alan said that the State and County do not designate golf carts as OHVs.  Alan said that the letter from the Board will include the sites where landowners can look up the specific laws.  At the August meeting a deputy from the Sheriff's Office had attended and talked about the rules.  Cyndy Johnson added that as the deputy recommended, those landowners with complaints about improper OHV use on or near their property should call the Sheriff. 

A landowner added that he had called the County Attorney and current code in the State of UT does not allow the County or State to allow OHV use in a County right of way.  He suggested signs be posted which indicate that these areas are not legal trails for OHVs.

Alan said that the best source for finding legal, designated trails is to contact the State Department of Natural Resources (DNR).  They have maps available of where riders can legally travel.  Alan added that if OHV riders will operate responsibility, they can coexist in these areas.

6. New Business
a. Discussion of odor and flies from animals in neighboring lots

Cyndy Johnson had called the County Health Department following a complaint from a landowner about odor and flies from a neighboring lot.  Cyndy spoke with Mark Nielsen in the Environmental Health Office.  Complaints can be called in to his office at 435-986-2580.  He told Cyndy that due to the moisture there has been a higher instance of flies throughout the County.  The fly population should die off as things dry out.  There are fly baits that landowners can put up.  Cyndy suggested that if a landowner has a problem they try to address it with their neighbor but if that doesn't work, call the above number.  A landowner also suggested calling Kent Gardner in the County who is involved with building codes as that office will also address such issues at 435-634-5714.

7. Adjournment 8:35pm- MOTION was made by Alan Strebeck to adjourn the meeting, Crystal Phillips seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Tuesday, July 31, 2007

Minutes - DVLA Board Meeting 07/31/07

Minutes of the Regular Monthly DVLA Board Meeting July 31, 2007

Board Members attending: Cyndy Johnson, Jerry Yurek, Crystal Phillips, Alan Strebeck                 Absent: Mike Barker

Fifteen landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda

Under old business was added fence proposal and under new business highway cleanup.

MOTION was made by Jerry Yurek to accept the agenda as amended, Crystal Phillips seconded the motion.  The motion was passed.

2.  Review & approve minutes of the June meeting.

MOTION was made by Jerry Yurek to approve the minutes presented for review.  Alan Strebeck seconded the motion.  The motion was passed

3.  Review & approve financial reports -- Stella Callagee

Stella Callagee explained that the DVLA's fiscal year runs from 7/1 to 6/30.  She presented the year end report.  The year end documentation is going to the CPA firm who will prepare the tax documents.  She reported that the DVLA will carry over a reserve of $29,000 into the new fiscal year.

MOTION was made by Crystal Phillips to accept the June 30th financial reports, Alan Strebeck seconded the motion.  The motion was passed.

4. Reports

a. Fire Department
Craig Bennett gave the report for the fire department.  The department will be participating in mutual aid responses from the area of Mountain Meadows to Diamond Valley.  They do not have the number of volunteers that will allow them to go as far a field as they have in the past several years.  During the recent power line fire three trucks and eight volunteers participated.  The department also responded to a fatality on Sand Cove Road due to a rollover.

The fire department has signed on three new members.  Department members will be going door to door to sign up volunteers.  They are needed for all types of duties – from directing traffic to fire fighting.  In response to a question from the Board, the department will be getting out the minimum requirements.

If landowners want to have their homes and lots evaluated for fire defensibility, they should contact Bud Balagna.

b. ARC
Trustee Assignments: August - Mike Barker, September - Cyndy Johnson, October - Crystal Phillips, November - Jerry Yurek

Lance Cornwall, Chair of the ARC, gave the report.  A refund was approved for PHIII-49.  Plans for a new home on PHIII-65 were reviewed.  There are variance issues with elevations and setbacks that are being considered by Dammeron Corp.  The house on lot ME-09 was approved for change from wood siding to stucco.  A horse barn was approved on ME-34.

c. Trustee Reports

1. Alan Strebeck attended a Firewise meeting with Ned Cordery.  He reported that there was good information presented and a number of vendors at the event.  He discussed some of the most interesting items - such as foam retardant which can be sprayed when fire is imminent and plants which are fire resistant.  Landscaping can be made both fire resistant and & nice looking.  Alan thanked Mac Thomson and the other committee members who have helped with the firewise efforts.  In response to a question from Cyndy Johnson as to how to get information out to landowners, Alan said that the DVLA website could be an effective way to post the information.

Mac Thomson said that Chief Talbot has a book of property pre-inventory reviews.  If a property cannot be fixed in 15 minutes the fire fighting team will move on to the next property. 

2. Alan Strebeck reported that per the CC&Rs, signs on properties can only be 5 square feet - such as a for sale sign.

3. Cyndy Johnson has been working on signage in the mailbox area.  The contractors delivering the mail will have directional signs put up.

4. Cyndy continues to work on dead trees in the County easements.  She is talking with the County about getting the dead trees taken down.

5. Crystal Phillips reported on the Community Center.  There are plans to have the outside sprayed as the siding was replaced on one side.  The inside also needs to be taped and textured.  Crystal will be setting up a work party.

6. Jerry Yurek said that he as resubmitted a letter to the County requested road parking signage in Pinion Hills.  He was told that the prior paperwork he submitted had been lost.

7. Jerry reported on the Valley entrances.  Cyndy Johnson asked if he can get landowners to adopt a corner.  Possibly an email can go out to solicit interest.

5.  Old Business
a. OHVs
Jim Sclimenti gave the Board a petition with 26 signatures which read:

The following residents of Dammeron Valley are petitioning the Dammeron Valley Landowners Association (DVLA) board to be our representatives to Washington County and appropriate agencies, for the purpose of addressing problems inherit to the operation (transition) of OHVs through Dammeron Valley to public lands and on or adjacent to Dammeron Valley roads (county roads) and state highway rights-of-way.  Transition of OHVs through Dammeron Valley at times is less than 600 feet from private residences.  The situation is the cause of the following residents concerns: Dust (health concerns); Noise; Traffic safety.

The Board had asked the Washington County Sheriff’s Office for a representative to speak to the issue of OHVs.  Attending the meeting was Sgt. Croft.  He passed out copies of the laws and codes on OHV use.  Several landowners shared their personal experiences as well as pictures documenting abuses.  They cited misuse involving ATVs and dirt bikes.  Sgt. Croft took down a list of the problem locations and times.  He explained that landowners need to call and sign a complaint if they have problem use near them.  Vehicles can be impounded and fines levied.  Improper operation is a Class 3 misdemeanor.

Craig Bennett said that he has lived in the Valley 11 years.  He expressed caution in trying to ban OHV use as Dammeron Valley is in an area that can provide access to recreational riding areas.  There are many riders who ride their OHVs responsibly and this needs to be recognized.

Sgt. Croft was asked if OHVs can go along the property lines and along the highway.  Operation in these areas is illegal and that would include Sand Cove Road which is a County Road.  He also said that responsible use will not cause complaints and citations, allowing riders to safely get to public land access points.

The Board thanked Sgt. Croft for coming and addressing the concerns.  They encouraged neighbor to neighbor contact if there is a problem. The Board also decided to write a letter to the Valley outlining the rules and concerns about OHV use.  They would contact the Water Company to see if the letter could be sent to all landowners in the next billing.  Alan Strebeck volunteered to draft a letter.

b. Fence Proposal
Cyndy Johnson asked the Board to consider approval of a fence on lot OF2-03, one of the greenbelt lots.  This had been a request made to the Board which had not been resolved.  It is a vinyl fence which would go along the side of the property in the color which matched the weathered fence.  A neighbor, Jim Cunningham, said he had no objection to the fence and its color.  The Board viewed a sample of the color called.

MOTION was made by Crystal Phillips to approve the request, Jerry Yurek seconded the motion.  It was passed.

6. New Business
a. Highway Cleanup
Cyndy Johnson reported that highway cleanup would be tried on a weekday morning rather than a weekend.  A sign-up sheet had been placed at the mailboxes. 

b. Welcome Package
Karen Sharkey gave the Board information she had taken off the web concerning septic systems.  She suggested that this information be included in the welcome package that goes out to new landowners.

c. Fourth of July Party
Karen Sharkey reported that there were about 100 attendees at the Fourth of July party.  The Board suggested that a survey go out to landowners to see if they wanted to continue this event or try something new.  One suggestion was a Fourth of July breakfast.  Landowners should send suggestions to the Board.

7. Adjournment 8:45pm MOTION was made by Jerry Yurek to adjourn the meeting, Crystal Phillips seconded the motion.  The motion was passed.

Stella Callagee

Tuesday, June 26, 2007

Minutes - DVLA Board Meeting 06/26/07

Minutes of the Regular Monthly DVLA Board Meeting June 26, 2007

Board Members attending: Cyndy Johnson, Jerry Yurek, Crystal Phillips, Alan Strebeck, Mike Barker

Seven landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda

Added to the agenda: Alan Strebeck asked to be placed under New Business to report on a meeting he attended concerning the Lake Powell pipeline.  Jerry Yurek also asked to add a discussion of a Welcome Committee.

MOTION was made by Crystal Phillips to accept the agenda as amended, Alan Strebeck seconded the motion.  The motion was passed.

2.  Review & approve minutes of the April Board meeting and 5/29/07 special meeting.

MOTION was made by Jerry Yurek to approve the minutes presented for review.  Mike Barker seconded the motion.  The motion was passed

3. President's Message - Cyndy Johnson

Cyndy Johnson reminded the Board members that as they fielded calls, it was important to research CC&Rs and other guiding documents.  Landowners should be able to refer back to references in the specific governing documents.

4.  Review & approve financial reports - Stella Callagee

Stella Callagee explained that she was preparing the end of year financial documents in order to take them to the accountant for preparation of the tax returns.  The DVLA fiscal year ends on 6/30.  She will make a report on the year end financial status at the next meeting.

5. Reports

a. Fire Department

Chief Talbot gave the report for the fire department.  Over the past month there have been no fires or medical calls.  The department currently has 14 volunteer firefighters and 3 medical personnel.  Currently there are no cadets.  The Chief is going to be more proactive in finding volunteers for the department.  He is planning on putting up a banner which will advertise training times.

The department vehicles have all passed Dept. of Transportation and fire fighting requirements.  They are up to speed and ready to go.

Two Valley homes have been inspected and certified by the department.  This process was discussed at the Annual Meeting.  Landowners should call Bud Balagna if they want a review of their home and lot for fire defensibility.

The fire hydrants are being tested.  Homeowners need to be aware of trees and bushes that may be encroaching on the hydrants.  The hydrants are required to have a 3 foot clearance.  The fire department will need to clear that area if the landowner has not.

The Chief recognizes that the closing of the burn pile is a concern for many landowners.  This has been the only fire department in the area that has offered such a dumping area.  There are bins in Central and Veyo where landowners can bring their  debris.

The Chief is concerned about the groups using the firehouse.  Each group needs to have one individual responsible for making sure doors are locked, lights are out and air conditioning/heating is adjusted back down.

The fire restrictions are not total yet.  A charcoal barbeque is OK on your patio.  Smoking outside a vehicle or building must be within a three foot cleared area.  Fireworks are not allowed at all.  Cutting, grinding or welding of metal can only be done inside of a structure.  If landowners have any questions about restrictions they should call the County Fire Warden.

b. ARC
Trustee Assignments: July - Alan Strebeck, August - Mike Barker

Lance Cornwall, Chair, reported for the ARC.  There were five refund approvals.  A question came to the ARC about solar panels on a roof.  The Board discussed the issue and Lance will be getting more information from the landowner.

c. Trustee Reports

Alan Strebeck reported on the Firewise Committee.  He will be attending a meeting in Cedar City on July 14th.  Alan is also handling sign issues and he is talking with the County.

Cyndy Johnson reported that weeds have been mowed along the roadside.  She continues to work on getting the dead trees removed from the County right of way.  Cyndy also read a letter that will be sent out to greenbelt landowners.  It will ask them to look over their fencing and vegetation in the greenbelt area.  There are several areas of fence that are falling down.  The CC&Rs for these areas state that it is the landowner's responsibility to maintain the fence and vegetation.  Along with the letter a copy of the specific CC&Rs will be sent.

Jerry Yurek continues to work with the County concerning signs for parking in Pinion Hills. 

6.  Old Business

a. Cyndy Johnson reported that the realtor kiosk will probably not be in place before school starts.  She is working on that project with Kim Ahrenholtz.  The kiosk will provide a place for landowners to advertise their properties, like the set-up at the Veyo Merc.  This is intended to cut out the signs at the entrances.

7. New Business

a.  Alan Strebeck led a discussion of the email protocol.  The Board needs to distinguish between getting into personal email conversations with landowners vs. responses for the Board.  Putting more information up on the website seems to be the direction to go.  The concern of  putting names into the minutes which would be posted to the website could be taken care of by referring to lot number.  Alan is also working on getting the CC&Rs all scanned so they can be posted to the website.
b. Jerry Yurek said that he and has wife Mikkie were volunteering to make welcoming visits with new landowners.  They would bring the welcome package now mailed.  This contact would help newcomers with questions and give them the applicable CC&Rs and other materials.

d.  Alan Strebeck reported on a meeting he attended concerning the Lake Powell pipeline.  There was a debate between the Washington County Water Conservancy head and Dammeron Corp developer, Brooks Pace.  It was a forum designed to help County residents become informed about the issues involved.  It was agreed that the pipeline will bring a lot of growth to Washington County.  It was also pointed out that Lake Powell is currently a 100 feet down in volume.  Alan gave the following contact points for those who would like information: http://www.lakepowellpipeline.org
or call the Conservancy District at 673-3517.

9. Adjournment 9:10pm- MOTION was made by Jerry Yurek to adjourn the meeting.  Mike Barker seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Saturday, May 19, 2007

Minutes - DVLA Annual Meeting 05/19/07

THESE MINUTES WERE APPROVED AT THE MAY 2008 ANNUAL MEETING

Annual Meeting Minutes - May 19, 2007

NOTE: Votes of Annual Meeting
1.    New Board members elected: Mike Barker, Cyndy Johnson, and Alan Strebeck
2.    Dues amount approved for upcoming year - $270

Board Members Attending: Cyndy Johnson, Bob Hayden, Sue Elmes, Jerry Yurek, Crystal Phillips

Landowners: A quorum of 197 was required to conduct the meeting and 208 landowners were signed in as present - either in person or represented by proxy.

The meeting was called to order by President, Cyndy Johnson at 8:00am.  The pledge of allegiance was led by James Lee and a prayer was offered by Jim Petersen. 

Karen Sharkey thanked the many volunteers who were helping with the meeting.  She acknowledged Daylight Donuts who had supplied the refreshments.  Karen noted that John Burns is working to get "neighborhood watch" off the ground.  There are numerous subdivisions and at least two volunteers from each subdivision are needed.  Those interested in volunteering can contact Karen Sharkey.

Crystal Phillips acknowledged outgoing Board members Sue Elmes, Bob Hayden and Cyndy Johnson.  They were all presented with plaques of appreciation.  She also thanked Gary Jensen for his efforts as chair of the Architectural Review Committee. 

Cyndy Johnson said that the current Board had close to 100% attendance of the board members to all Board meetings.  She appreciated the board members for being there.  She spoke of the spirit of volunteerism in the Valley.  Volunteers not only save the DVLA money but the Valley takes on ownership of the projects.  Cyndy highlighted a number of major projects from the past year both completed and ongoing:

1.    The park is progressing thanks to donations from the first annual  "Christmas Fund" and a donation from Brooks Pace.  A new pavilion will be up soon.  In the future the plan is to put down a concrete floor and add outdoor lighting.
2.    This year there has been 100% payment towards fire protection by non-DVLA lot owners.
3.    The DVLA has been trying to dissolve the current SSD structure which includes more than fire protection.  The County has advised that this will be done when the waste water SSD is established.
4.    There is a new highway clean-up coordinator - Robyn Vaughn.
5.    The DVLA explored the establishment of ATV use rules for Valley roads.  Following landowner feedback, this effort was not pursued.

Cyndy encouraged all landowners to attend the monthly Board meetings.

Trustees/ARC Reports:
Cyndy Johnson said that her goal over the past year has been to get to know people throughout the Valley.  She has enjoyed the effort.

Bob Hayden said that he has been happy for the opportunity to serve the community as a Board member for the past two years.  He encouraged everyone to get involved in Valley matters and also to attend the monthly Board meetings.

Crystal Phillips reported on remodeling of the Community Center.  Much has been done but there are still some major interior and exterior projects. She acknowledged the volunteers who have been helping with the effort.

Sue Elmes reported that she had been working on sign control.  Sue encouraged landowners to volunteer.  Volunteers are especially needed in the fire department.

Jerry Yurek reported on the fire safe committee and introduced Mac Thomson who helps lead that effort.  The committee is in need of volunteers.  The Valley receives in-kind credit from the State for landowner work done to create defensible space around their homes. Landowners were urged to complete the forms which can be found near the mailboxes and return them to Mac Thomson or Karen Sharkey.  Ned Cordery has put together a video on the fire safe effort, copies are being given to every landowner in the DVLA.  A landowner asked if invoices need to be attached to the fire safe forms.   No - only a best guesstimate needs to be put onto the form. 

Cyndy Johnson introduced Lance Cornwall the new ARC Chair.  Lance thanked Jan Yergensen for her service as the interim chairperson.  Lance said that his committee is making every effort to follow the guidelines.

APPROVE 2006 MINUTES
MOTION was made by Jerry Yurek to accept the minutes of the 2006 Annual Meeting.  Bob Hayden seconded the motion.  The motion was passed.

PROPOSED 2007/2008 BUDGET
Cyndy Johnson presented the 2007-08 budget which keeps the dues at $270/year. 

INTRODUTION OF BOARD CANDIDATES/MOTIONS FROM THE FLOOR
The candidates for the Board are: Mike Barker, Sue Elmes, Cyndy Johnson, Mike Slattery and Alan Strebeck.  There were no additional nominations or motions from the floor.  As a quorum had been obtained, the completed ballots were collected.

FIRE CHIEF's REPORT
Chief Talbot gave the report for the fire department.  He thanked the Board for their support.  He had the volunteers in attendance stand to be acknowledged.  He asked the landowners for help in recruiting more volunteers.  There are currently 20 volunteers on the team but the department needs more like 30. 

Over the past year the department has responded to 37 medical calls, one structure fire and 10 wild land fires.  There were no injuries to the volunteers or damage to the equipment.

There are six vehicles and a trailer in the department's fleet.  During the past year the engine on the big pumper failed when out on a medical call.  It cost $18,000 to rebuild the engine.  The department has a new vehicle - a suburban which is used for medical calls.  The department has also purchased an enclosed trailer which can carry extra equipment to the scene of a fire.

Chief Talbot thanked Mac Thomson and the fire safe council for their efforts.  The in-kind support has provided fire lines around the community, work which was done by the state.  This has given the department a barrier of defense in the event of a wild land fire. 

The Chief said that homes in the Valley have been rated as to their defensibility.  The types of fires we have in this area run fast and fire fighters have a very short period of time to determine if a home is defensible.  Bud Balagna from the department will come out to a landowner's home and help determine what is needed to make the lot defensible. 

The Chief thanked Jay and Darby Bradley for their donation of $1,000 to the department this year.  This contribution was used to outfit the new rescue vehicle.

The burn pile is going to be fenced off and closed for the summer.  This is because of the problems with the types of illegal materials being dumped there.  There is also the proximity to homes in the Canyon Trails subdivision.  The Chief said the days of the burn pile are probably limited.  The area will be reopened starting in the fall on a special Saturday schedule for dumping of allowable natural materials.

The Chief talked about the department's involvement in wild land fire fighting over the past several years.  The department has been paid over $50,000 for helping to fight fires on state and federal lands.  The decision of the department has been to scale back this effort in the coming year.  The department will stay close to home responding to fires along highway 18.

WATER COMPANY & DEVELOPER'S REPORT
Brooks Pace reported for the Water Company.  Carole Thorpe is developing an email list to notify water customers of planned outages.  She has 50 names and email addresses so far.  This is not meant to replace Karen Sharkey's email alert list but to enhance it.

Brooks encouraged landowners to call if they have any problems with their water.  He also urged landowners to help keep fire hydrants near their homes clear of vegetation. 

Concerning development Brooks Pace said that the state has 560 acres of school trust lands in the area that are for sale.  Of that amount about 160 acres are developable.  He will be looking into the land with a plan of developing a 64 lot subdivision of 2 ½ acres per lot.  The BLM also has about 2,000 acres west of Dammeron Valley that is going to be offered for sale.  The BLM land does not have water.  As water is brought up by the Water Conservancy via a pipeline, this land will become developable.  Brooks is talking with the BLM about taking this land out of contention for future development.  Brooks encouraged landowners to participate in the Vision Dixie meetings.

A landowner asked about the leach field plans.  Brooks said that a special sewer SSD was being created by the County.  It is not clear which system will be built in the Valley.  He talked about possible systems to be put in and said that if run correctly, a system will not smell.

BALLOT RESULTS
Following Brooks' presentation Karen  Sharkey announced the balloting results. New Board members: Cyndy Johnson, Mike Barker and Alan Strebeck.  Dues amount approved for upcoming year - $270.

MOTION was made from the floor to adjourn the meeting.  The motion was seconded.  The meeting was adjourned at 10:30am.

Stella Callagee, Recording Secretary