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:
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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
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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.
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(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)
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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
Tuesday, November 27, 2007
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
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
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