Monday, November 17, 2008

Minutes - DVLA Board Meeting 11/18/08

Minutes of the DVLA Board Meeting of November 18, 2008

Board Members attending: Cyndy Johnson, Sally Musemeche, Mike Barker, Alan Strebeck                   Absent: Barbara Hjelle

Meeting held at Fire House.

Three landowners were in attendance.
               
President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda
Because of Barbara Hjelle's absence the Board tabled the discussion of board policies.  Cyndy Johnson said that eagle scout Greg Hall had requested to be on the agenda in order to talk with the Board about funding for a project he is proposing.  The Board discussed the fact that they do not have a line item in the budget which would allow such a request.  They decided to have Greg make his presentation and then consider this as an agenda item later when a budget could be determined.  The "awards presentation" was tabled.  Attorney Robert Mitchell could not make this meeting so the item concerning the procedure for withdrawing from the Washington County Water Conservancy District was tabled.

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

2. Presentation by Eagle Scout Greg Hall
Greg explained that as an Eagle Scout project he would like to take out the old fencing around the mailboxes and replace it with new fencing.  This would be a project with about 15 people helping him over a 5-6 hour period.  The posts would be cemented in. The materials would be DVLA approved fencing. The amount he was seeking from the DVLA to complete the project was approximately $3,800.  When asked by the Board, Greg explained that to fulfill the Eagle Scout requirement the project would have to be completed by April which was when Greg would turn 18.

The Board discussed the possibility of using money from the recycle "binnies" to help fund a project like this.  It is unclear though when that money will be coming back to Dammeron Valley. 

Greg was asked to give the Board a copy of his plan detail and budget.  The Board thanked him for his willingness to propose such a project to improve the community.

3.  Review and approve minutes of the September meeting
MOTION was made by Mike Barker to approve the October minutes.  Alan Strebeck seconded the motion.  The motion was passed.

4.  Review financial reports - Stella Callagee
The Board acknowledged the receipt of a $400 gift from Pride Homes, Jay Bradley, for the fire department.  It is much appreciated.

MOTION was made by Alan Strebeck to accept the financial report for filing.  Sally Musemeche seconded the motion.  It was passed.

5.  President's Message
Cyndy Johnson said she appreciated the efforts of everyone in the community who helped with the injured fire fighter fundraiser.  Both those who ran the event and those who contributed gave generously of their time and money.

4.  Reports:
a.  Fire Department
A representative was unavailable so there was no report for the fire department.

b.  ARC - Trustee Assignments: November - Mike Barker, December - Cyndy Johnson
Lance Cornwall, Chair of the ARC, gave the report. 

Lance reported that inspections and refunds were made for projects on the following lots: ME-23, PHV-95 and PHIII-65.  The ARC has a set of plans for PHV-90 that is waiting for Dammeron Corp. approval.  Projects in Pinion Hills go to Dammeron Corp. for approval before final ARC review and approval.  The landowner on lot ME-20 is no longer going to build. 

The Johnsons on PHV-105 have also decided not to build at this time.  They talked with Lance about having their deposit returned but they would also like to keep a set of the approved plans so they can move quickly when they decide to build in the future.  As a compromise the Board and Lance decided that the approved plans would be held by the ARC Chair and would be given to the landowners when they were ready to build.

MOTION was made by Sally Musemeche to retain all three copies of the approved plans and when the ARC was advised they were planning to build and received the deposit money, the landowners would be given their plans so they could proceed quickly.  Alan Strebeck seconded the motion.  The motion was passed

c.  Trustee Reports
1.  Sally Musemeche reported on her committee looking into the handling of neighborhood complaints.  She has been handling issues as received, giving landowners CCR information as well as referrals to the County when applicable.  She would like to recommend at the Annual Meeting that landowners establish a legal fee fund.  Sally said that the DVLA cannot be selective about enforcing the CCRs.  Alan Strebeck discussed the need to have the landowners amend the by-laws to allow fines.  Current state law does not allow the assessing of a fine unless it is within the guidelines of the HOA.

2.  Cyndy Johnson said that she is working on the website with Johnna Evans.  They are correcting out of date information. 

3.  Alan Strebeck said that with the help of the volunteers, he hopes to see the burn pile opened every other weekend.  Signs will be posted at the entrances as to when the burn pile is open.  Those landowners willing to help volunteer at the gate should call Alan.

4.  Mike Barker reported he will be meeting with the Chief about contents in the fire house for insurance purposes. 

In respect to flooding issues Mike said that there are no long term solutions on the horizon.  Cyndy Johnson said that the Board needed to check with Ron Whitehead as he was going to give them an estimate of the engineering study costs if the DVLA wished to pursue that process.

The Board concluded the Trustee report section by discussing what types of issues the Board should take on.  There had been several in the past year that were considered controversial.  Mike Barker said that if the Board is being asked to take action they should have the opportunity to look at both sides of the issue.  Alan Strebeck added that with some issues the Board is gathering information and making it available to landowners but it is not an issue that the Board will decide on - like the incorporation feasibility study.  Sally Musemeche said the Board should look at the budget and decide if money could be used to provide informational meetings for landowners when these types of issues come up.  Alan Strebeck felt it was important that the Board keep landowners informed.

5.  Unfinished Business:
a. Phone procedures
Sally explained that the DVLA phone line has been set-up to receive calls.  There is a recording explaining that someone will get back to the caller in a timely manner.  There is also the capability for the caller to send a fax.  So far it seems to be working well.  The volume of calls has been very light.

6.  New Business:
a. Budget Discussions - the Board will hold a special meeting at the beginning of January to discuss the 2009-2010 budget.
 
7.  Adjournment
MOTION was made by Sally Musemeche to adjourn the meeting.  Mike Barker seconded the motion.  The meeting was adjourned at 8:15pm.

Stella Callagee
Recording Secretary

Wednesday, October 22, 2008

Minutes - DVLA Board Meeting 10/22/08

Minutes of the DVLA Board Meeting of October 22, 2008

Board Members attending: Sally Musemeche, Mike Barker, Barbara Hjelle, Alan Strebeck                       Absent: Cyndy Johnson

Meeting held at Fire House.

Six landowners were in attendance.
               
Vice President Sally Musemeche called the meeting to order at 7:00pm. 

1.  Approval of Agenda
Sally Musemeche said that Robert Mitchell would attend the November Board meeting to talk about the report he had submitted concerning withdrawing from the Washington County Water Conservancy District.  The awards presentation was also postponed until the next meeting. 

2.  Review and approve minutes of the September meeting
MOTION was made by Barbara Hjelle to approve the September minutes.  Mike Barker seconded the motion.  The motion was passed.

3.  Review financial reports and dues collection update - Stella Callagee
Stella Callagee reported that unpaid dues still total $4,896.00 which represents 4.0% of the total amount billed.  She will begin taking action to place liens on the properties.

MOTION was made by Mike Barker to accept the financial report for filing.  Barbara Hjelle seconded the motion.  It was passed.

The Board discussed the meeting date in November.  Due to the Thanksgiving holiday and the fact that some officers will be away, it was decided to change the meeting date to Tuesday, November 18, 2008.

Sally reported that she is working on the DVLA phone set-up.  Karen Sharkey has resigned as secretary and the Board members will be handling the calls to the DVLA on a monthly rotation.   This will also include emails sent to the DVLA.   The system being set-up will make the process transparent to the landowners and others who are contacting the DVLA.

4.  Reports:
a.  Fire Department - Chief Kyle Talbot
Chief Talbot reported that there were no fires in the past month.  The department responded to a number of very serious medical calls.  These included a vehicle wreck and a rattlesnake bite in Diamond Valley. 
The department needs a good quality medical vehicle.  The Blazer and Brush one are being outfitted with medical supplies so they can be used if needed as a 3 way response. 

The lead engineer will be conducting upcoming training on driving safety and vehicle maintenance.

The Chief talked about concerns he has about the volunteer roster, particularly for medical calls.  One of the officers was injured in connection with his work and is currently off the team.  Another volunteer has been hired as a full time fireman in Las Vegas.  Craig Bennett said that over the years seven volunteers from the Dammeron Valley fire department have gone on to full time fire department jobs.  This is a testimony to the way that Chief Talbot runs the department. 

The Chief reminded landowners that they should have their chimney cleaned if they will be burning wood this winter.

Burn permits will be available through the winter.  Landowners can call the Chief for a permit.  Guidelines for granting a permit are: - burning to be done 20 feet from a building and there is no wind.  The landowner must stay with the burn until it is extinguished.  A burn also has to be completed by 1:00pm.  The Chief would appreciate at least a day's notice so he can review conditions and issue the permit.

The burn pile is going well.  Discussion indicated that the Board hopes to get volunteers to man the gate every other Saturday.  Available dates will be posted at the mailbox area.

Sally Musemeche asked the Chief to extend the Board's deep appreciation to the fire department volunteer team.

b.  ARC - Trustee Assignments: October - Alan Strebeck; November - Mike Barker, December - Cyndy Johnson
There was no report for the ARC.  Alan Strebeck made a trustee report that two projects had been reviewed for their deposit return.

c.  Trustee Reports
a.  Barbara Hjelle asked the Board to approve the draft of a letter to the County concerning the SSD.  This issue had been discussed at last month's meeting.  The Board approved the draft as presented.

b.  Alan Strebeck reported that there is free firewood available at the young women's camp in the Cedar City area.  The wood is pine and aspen.

5.  Unfinished Business:
a.  Board Policies - Barbara Hjelle 
This discussion was tabled for a later date.

6.  New Business:
a.  The Board discussed use of the $1,375 collected for last year's Valley Christmas fund.  A request was made by the fire department for use of these funds. 
MOTION was made by Sally Musemeche to allocate last year's Christmas fund collection to Chief Talbot in support of the fire department.  This will be a one time allocation to the fire department as a discretionary amount to be used by the Chief.  The motion was seconded and approved by a unanimous vote.
 
7.  Adjournment
MOTION was made to adjourn the meeting.  The motion was seconded.  The meeting was adjourned at 7:55pm.

Stella Callagee
Recording Secretary

Tuesday, September 30, 2008

Minutes - DVLA Board Meeting 09/30/08

Minutes of the DVLA Board Meeting of September 30, 2008

Board Members attending: Cyndy Johnson, Mike Barker, Barbara Hjelle, Sally Musemeche
Absent: Alan Strebeck

Meeting held at Community Center.

Twelve landowners were in attendance.
               
President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda
Agenda was accepted as proposed.

2.  Review and approve minutes of the August meeting
MOTION was made by Barbara Hjelle to approve the August minutes.  Mike Barker seconded the motion.  The motion was passed.

3.  President's Message - Cyndy Johnson
Cyndy Johnson thanked all who helped with the Valley Fall Festival party.  There was a great turn out.  The Board would love to hear from those who have ideas for additions and changes to the format.

4.  Review financial reports and dues collection update - Stella Callagee
Stella Callagee reported that unpaid dues total $4,896.00  which represents 4.0% of the total amount billed.  There are 16 lots, down from 27 reported last month, with unpaid yearly dues.  Of the 16 lots there are already three with liens filed against the properties.  Outstanding late fees have been paid.  Stella will begin placing liens on the outstanding lots.

MOTION was made by Mike Barker to accept the financial report for filing.  Barbara Hjelle seconded the motion.  It was passed.

5.  Reports:
a.  Fire Department - Chief Kyle Talbot
Chief Talbot reported that there were no medical calls in the past month.  The department responded to a structure fire in Diamond Valley which ended up being cancelled.  Another fire fighter from the Dammeron Valley fire department has been hired as a full-time fire fighter in a municipality.  This is about the 7th volunteer to go into a full time job and the department is proud of providing the training and direction that is highly valued by others.

The burn pile will be reopened on Saturday, October 4th, restarting the monthly schedule of opening the first and third Saturday mornings.

The State has given the Chief the authority to approve open burning on lots, starting 10/15.  The Chief will be able to give permits through the winter months. 


b.  ARC - Trustee Assignments: September - Sally Musemeche; October - Alan Strebeck; November - Mike Barker, December - Cyndy Johnson
There was no report for the ARC this month.

c.  Trustee Reports
Barbara Hjelle gave a report for the weeds committee.  The committee members are: Barbara Hjelle, Sally Musemeche, Cindy Garn and Brooks Pace.  The committee is looking into setting up a "weeds day" to get volunteers out to help clean lots as well as pick up cuttings.  Landowners should contact Barbara if they are interested in helping.

The weeds committee is looking at establishing an annual calendar so the Valley can be more proactive with controlling weeds.  The committee feels that priorities need to be set.  Cindy Garn reported that owners of problem lots will be contacted about receiving help with clean-up.  Some lots have been identified which are producing tumbleweeds that are seeding throughout the Valley.

Barbara Hjelle pointed out that the Valley will be receiving revenue from the recycling effort.  Suggestion was made during discussion that some of this revenue could be used for weed control. 

The next meeting of the weeds committee will be after 10/15.  Any landowners interested in attending or joining the committee should contact Barbara Hjelle.

Cyndy Johnson reported that she has ordered an A-frame sign on which notices can be placed.  It will be put near the mailbox cluster.  The highway cleanup effort is being coordinated by Rick Smith and a clean-up morning is being planned for a date after the deer hunt.  Cyndy is working with Johnna Evans on the DVLA website.

Mike Barker is working with Chief Talbot on the replacement value of the fire department assets.  He has been reviewing the DVLA insurance policies and has found that though the liability policies are good the fire house contents may not be covered well enough in the event they need to be replaced.  He also pointed out that though he is a State Farm agent he does not have a business interest in reviewing the Valley's policies.  In fact State Farm does not insure fire houses.  He is only doing this review because he is the most knowledgeable member of the Board in this area.

Sally Musemeche talked about the letter to the Board from landowners who were concerned about a Dammeron Valley beauty shop business flyer they had received.  Sally explained that after researching this particular case the County found there had been an incorrect approval of the license granted.  The request had been approved by the County Commissioners with specific restrictions due to septic issues.  But what had been left out of the information for the Commissioners was a disallowance by the Environmental Protection officer.  The County was moving to correct their decision to a denial of the operating license in light of the information update.

6.  Unfinished Business:
a.  Report on the Fall Festival Party - Karen Sharkey
Karen reported that she has received a lot of positive feedback and accolades on the party.  The bake sale and auction collected around $750 towards Community Center improvements.  Several landowners made substantial donations in food and supplies.  Board members added that it was a great party.

b. Report on meeting with County and State entities re: flooding - Cyndy Johnson
Cyndy reported that there were three officials at the meeting - representing State Trust Lands, UDOT and Washington County.  These representatives met with Board members and landowners.  They told the DVLA Board that due to the widespread burn off in the mountains the flooding will continue to be bad - probably for the next 100 years.    The representatives said that they could not commit assistance.  They asked the DVLA to have an engineer prepare a report of the flooding issues.  This would have to be done at the expense of the DVLA as there are no State or County funds available.  Ron Whitehead is getting back to the DVLA with an estimate of engineering costs - which is expected to be around $20,000.  With an engineering report the State and County could start looking at the water problems.  Brooks Pace said he would look into seeing what he could do about getting engineering assistance from local firms at a cost a lot less than that. 

c.  Board Policies - Barbara Hjelle
Barbara asked that this item be moved to the next meeting as "unfinished business" as Alan Strebeck has given a lot of input on the document and she would like him to be in attendance before continuing the discussion.

d.  Continuation of discussion on dissolution of SSD
Brooks Pace said it would take upwards to $6,000 to reestablish an SSD if needed.  The Board discussed keeping a shell SSD in place to prevent having to pay this set-up cost in the future. 

The Board discussed the fact that the County will be moving in the immediate future to dissolve the DVLA SSD as it creates a County wide waste water SSD.  The Board does not have time to seek a vote from the landowners on whether or not to maintain a shell SSD or allow it to be dissolved.  The issue of the land on which the firehouse sits is key.  Brooks Pace had deeded that land to the SSD.  Maybe it would be best to retain a shell SSD with the DVLA Board taking on the role of the SSD Board.  Then the issue of the land can be researched and taken care of in the future.

MOTION made and amended by Mike Barker and then seconded:
1.    DVLA Board would ask the County to deed the land that the firehouse sits on to the DVLA
2.    because of the time issue, ask the County not to dissolve the current SSD structure until the DVLA gets additional input as to the impact of this action
3.    ask the County to appoint the DVLA board as the defacto SSD board

Barbara Hjelle said she would contact the County Attorney, David Patterson, about this decision.

7.  New Business:
a.  Discussions outside of board meetings - Board
Cyndy Johnson said that the practice has been to allow Board discussions outside of the monthly meetings about issues that had already been brought up in a public meeting.  Mike Barker said that usually email discussions are in conjunction with a landowner question that has been forwarded by the Secretary for a Board member response.  Other board members offer information as the response is put together.  It was pointed out that this issue is in the board policies document and will be part of the discussion at the next meeting.
 
8.  Adjournment
MOTION was made by Barbara Hjelle to adjourn the meeting.  The motion was seconded.  The meeting was adjourned at 9:00pm.

Stella Callagee
Recording Secretary

Tuesday, August 26, 2008

Minutes - DVLA Board Meeting 08/26/08

Minutes of the DVLA Board Meeting of August 26, 2008

Board Members attending: Cyndy Johnson, Mike Barker, Alan Strebeck, Barbara Hjelle, Sally Musemeche
               
President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda
MOTION was made by Alan Strebeck to approve the agenda.  Mike Barker seconded the motion.  The motion was passed.

2.  Review and approve minutes of the July meeting
MOTION was made by Sally Musemeche to approve the July minutes.  Mike Barker seconded the motion.  The motion was passed.

3.  President's Message - Cyndy Johnson
Cyndy Johnson invited everyone to come to the September 13th Family Fall Festival party and give their support to this event.

4.  Review financial reports and dues collection update - Stella Callagee
Stella Callagee reported that unpaid dues total $8,080 which represents 6.7% of the total amount billed.  There are 27 lots with full or partial unpaid yearly dues.  Of the 27 lots there are already three with liens filed against the properties.  There are also six lots which have paid their dues but have outstanding late fees. 

The Board discussed the need to file liens against those properties that appear to be abandoned or there is information that they are going into foreclosure.  Cyndy Johnson said that she will call as many of the landowners for whom the DVLA has a telephone number.  Alan Strebeck indicated that the current by-law wording allows the placement of the liens now that the lots are past due.  The Board also discussed publishing lot numbers of those lots which remain unpaid and the landowners do not contact the Board about payment.

MOTION was made by Barbara Hjelle to accept the financial report for filing.  Alan Strebeck seconded the motion.  It was passed.

5.  Reports:
a.  Fire Department - Chief Kyle Talbot
Chief Talbot reported that it had been a busy month.  There had been a lighting strike fire.  One of the firefighters had suffered hypothermia while fighting that fire.  He thanked all of the volunteers who helped to fill sandbags when the recent flooding occurred.  Barbara Hjelle noted that it is important for landowners to know that volunteers are needed for this type of help.    Chief Talbot said that there are 15 volunteers in the department now.  Help from landowners in situations like this is critical when the fire fighters are out helping landowners.  The Chief said the medical team had responded to a number of calls - two strokes, several falls, a suicide attempt, and a horse fall injury.

In response to a question from a landowner Chief Talbot said the repeater is working well at this point. 

The Chief reported the vehicles are in good shape.  They survived the flood.  There are also three new cadets who have joined the department.  Cadets are 16-18 years old.  Bud Balagna will be leaving the team in January.

The burn pile will operate from October to May on the first and third Saturdays from 8:00AM - Noon.  The past schedule with volunteers manning the gate has worked well.

b.  ARC - Trustee Assignments: August - Barbara Hjelle; September - Sally Musemeche; October - Alan Strebeck
Lance Cornwall, ARC Chair, reported that lots CT-4 and PHIV-85 were inspected and are due refunds.  The ARC gave approval for a new house on ME-20.  The current housing unit on the lot will be removed once the new house is built. 

c.  Trustee Reports
Cyndy Johnson reported that planning for the Fall Festival party was moving ahead.  The committee had ordered two porta potties due to the limitations with the Community Center system.  A landowner asked the Chief about the use of the firehouse for the Fall Festival.  He explained that the National Fire Council has a rule that firehouse space cannot be used for community events.  This is for the safety of the vehicles and the public.  In the event of an emergency the vehicles need to get out quickly and safely.  Craig Bennett added that the guidelines came from the Homeland Security Department and the firehouse is an "emergency building."

In response to a question from the Board about use of the firehouse for the Annual Meeting - the Chief explained that this is defined as a public meeting and approved per the national guidelines.

Barbara Hjelle reported on the weeds committee.  She had picked up some brochures on noxious weeds.  (Note: a copy of the brochure has been posted to the DVLA electronic bulletin board)  Barbara discussed the need to have a weeds policy established and implemented.  The Weeds Committee will be meeting and coming up with an aggressive plan for the spring.

Cyndy Johnson reported that the next Highway Clean-up will be held on 10/18 or 10/25 after the marathon.  Rick Smith is in charge of this effort.

Mike Barker reported on his review of the DVLA insurance policies.  He has found the liability and building insurance to be good.  He is going to contact the Chief about building contents to ensure that the coverage for that aspect is adequate.

Cyndy Johnson has set up a meeting with Ron Whitehead, representatives of the State Trust lands, UDOT, and the County concerning flooding issues.  The representatives will tour the Valley with Board and community members.  Barbara Hjelle said that it was important when new plats were proposed for development that the DVLA Board ask about the issue of water drainage.  The County's new regulations concerning "curb and gutter" are meant to make developer's address the issue of water runoff.

6.  Unfinished Business:
a.  Recycling - Barbara Hjelle talked about recycling.  The "binnies" need to be placed.  Each one is four feet wide by 70" long.  The Board did a walk outside to review the recommended space behind the Community Center.  Placement was decided - which will allow landowners dropping off  materials as well as the pick up truck easy access.

A landowner asked what would happen if the "binnies" became an unsightly dumping area.  Barbara said that the county is willing to work with Dammeron Valley to help address any problems that come up.  The Valley would be able to have the "binnies" removed if they ever became a problem.  Also, she pointed out that the Valley will receive money from the County for the materials which will be sold by the County.

b.  Board policies - Barbara Hjelle discussed the revisions to Board policies as presented by Alan Strebeck.  She said that Alan had made excellent suggestions.  These would be emailed out to the Board members for discussion at the next meeting.

As an additional Board project, Barbara Hjelle said that she would take the minutes from as far back as she could get and go through them to identify issues and resolutions.  Mike Barker said this project would help future Boards with continuity.  She asked the recording secretary for a flash drive with the minutes for as far back as Stella could find in an electronic format.  She asked these be brought for her to the September meeting.

b. Fall Festival - Karen Sharkey discussed with the Board the Fall Festival which will be held September 13th.  She talked about the efforts of the Committee which has been working on the project.

7.  New Business:
a. SSD - The Board discussed what would happen to the Dammeron Valley SSD when the county-wide sewer SSD was put into place.  In January 2006 the DVLA Board had recorded a vote that the DVLA does not wish to belong to any SSD that encompasses fire, water, parks or recreation.  This vote had been communicated to the Washington County Commissioners in a letter dated February 4, 2006.

Barbara Hjelle said the Valley should ask itself if all but the fire SSD should be dissolved.  The DVLA Board could volunteer to be the five member fire SSD board.  The advantage would be that the county would do the assessments for fire protection via the tax bills which would include all area users of the department services, not just the DVLA landowners.  Barbara has talked with the County attorney, Dave Patterson, and he told her that this would be possible.  The County Commissioners though would have discretion on the composition of the SSD Board but would probably defer to the recommendation of the DVLA Board.

Chief Talbot asked the Board if there was a problem with the current management of the fire department?  He was concerned about turning over to the County the equipment, vehicles and firehouse.  His understanding from prior meetings was that if a fire SSD was activated the Dammeron Valley fire department could be combined with other districts.  Was this possible?  Craig Bennett discussed the example of the Northwestern Fire District.  When this became an SSD there was not one person put in charge.  This has caused confusion for state personnel.

Another question was what would happen to the property on which the firehouse sits if the current SSD structure is totally dissolved.  Brooks Pace had deeded the land to the SSD and the DVLA has a 99 year lease for use of the land.  What will happen to the deed?  Was there a clause that reverts the land back to Brooks Pace?  If yes, would he then be willing to give that land to the DVLA?  Barbara will do research with the County about the deed and its current wording.

8.  Adjournment
MOTION was made by Barbara Hjelle to adjourn the meeting.  The motion was seconded.  The meeting was adjourned at 9:00pm.

Stella Callagee
Recording Secretary

Tuesday, July 29, 2008

Minutes - DVLA Board Meeting 07/29/08

Minutes of the DVLA Board Meeting of July 29, 2008

Board Members attending: Cyndy Johnson, Mike Barker, Alan Strebeck, Sally Musemeche              Absent:    Barbara Hjelle
               
Nine landowners were in attendance.  The meeting was held in the Community Center.

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

1.  Approval of Agenda
Board requested that topic of Board Policies be added as an agenda item for the next meeting.

MOTION was made by Alan Strebeck to approve the agenda.  Sally Musemeche seconded the motion.  The motion was passed.

2.  Review and approve minutes of the June meeting

MOTION was made by Sally Musemeche to approve the June minutes.  Alan Strebeck seconded the motion.  The motion was passed.

3.  President's Message - Cyndy Johnson
Cyndy praised the current Board members saying they are a good group to work with.  She hopes they will make progress on many issues over the coming year.

4.  Review financial reports and dues collection update - Stella Callagee

Stella reported that 397 lots had been billed at $306/lot:              $121,482
To date the DVLA had received dues payments of:                        $109,694
Unpaid dues:     9.7%                                                                      $  11,788
                                       
There are 39 lots unpaid, one having a partial payment made.  Liens had been placed against five lots as they were identified as having gone into foreclosure.  One of these lots appeared to be in the process of being sold and the holding company had paid the $306 yearly dues amount. 

MOTION was made by Mike Barker to accept the $306 payment to allow the lien to be released.  Sally Musemeche seconded the motion.  It was passed

Stella asked the Board to look at the balance sheet.   At US Bank the DVLA has two automatic deduction accounts - one for the fire truck loan and one for the fire house loan.  Because of the amount of the dues collected to date a full 12 months of payments have been placed in each account.  The fire department operating account, which is also in US Bank, has also been loaded with the department's yearly budget. Ken Mandell, prior Board member who had helped negotiate the loans for the fire house and fire truck, said that this was a good move on the part of the DVLA as it showed the lenders that dues were being collected and the obligations met for the year.   Stella also noted that the funds are available to the DVLA and the automatic deductions are only made monthly.

Stella was asked where the prior year carryover funds are shown.  She said they are in the Wells Fargo operating account which has a balance of $79,265.23 as shown on the Balance Sheet.  The Board discussed the terminology that Stella had used in her prior report - unencumbered funds.  These are funds not designated for a specific purpose that are being carried over into the new fiscal year.  They decided that "reserve account funds" is a more descriptive term. 

MOTION was made by Sally Musemeche to accept the financial report for filing.  Mike Barker seconded the motion.  It was passed.

5.  Reports:
a.  Fire Department - Chief Kyle Talbot
Chief Talbot reported that two members of the department had resigned.  They were unable to meet the training commitment for the volunteers.  He said the department is again in need of volunteers and asked that the word be sent out to landowners.  The department supplies all safety equipment and training.  Interested persons can contact the Chief or one of the officers if they would like more information.

The Chief said there had been no fires over the past month.  There were several medical calls.

The Chief said the burn pile has become an issue.  The department is unable to burn the debris until October.  A landowner had expressed a concern to the Chief that tumbleweeds are blowing from the burn pile into Valley properties - compounding the weed problem.  The burn pile is closed until October 1st.  Landowners can either take their debris to the dumpsters in Veyo or stockpile it on their lots - though the Chief urged landowners to keep debris piles some distance from their homes. 

The Board discussed buying materials to fence off the burn pile in order to keep the debris from blowing around.  Some discussion was also held about charging landowners $5 - $10 for using the burn pile.  The Chief said he was not thrilled about this idea.  There were situations where neighbors were helping neighbors dispose of debris and the fee idea would cause problems.  Charging might also discourage landowners from doing lot clean-up.

b.  ARC - Trustee Assignments: July - Cyndy Johnson; August - Barbara Hjelle; September - Sally Musemeche; October - Alan Strebeck

Lance Cornwall, Chair of the ARC, gave the monthly report.  The following projects were approved: OF2-19 a patio screen with roof; HS-51 a roof change; ME-22 a garage and door height change; RA-27 a barn; ME-17 a garage

c.  Trustee Reports
1. Alan Strebeck reported on Valley entrances.  To cover all the entrances eight volunteers are needed - two at each entrance.  Alan looked into having Willy Packard, the landscaper who handles the park contract, to also do the entrances.  Brooks Pace is going to donate some large rocks and during the discussion, Feller Stone volunteered the necessary gravel.  Willy said that it would cost $60/month to have him maintain all the entrances.  This would be for the period April through October.  The Board felt this was a bargain and they would try it for the remaining three months of the season – August through October.

MOTION was made by Alan Strebeck to add $60/month onto Willy's contract for entrance maintenance for the period August through October.  Mike Barker seconded the motion.  The motion was passed.

2.  Cyndy Johnson asked for volunteers to help the website committee.  They are trying to update the site.  Photos, especially of the new fire house and vehicles are needed.  Landowners willing to share photos or willing to help with the rewrite can contact Cyndy. 

3.  Barbara Hjelle had to be out of town so Sally Musemeche presented the report from the Weed Committee which Barbara heads:
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The Weeds committee met July 1. The following plan was suggested:

- Contact the County to find out what they might be willing or planning to do and if they would contribute herbicide to efforts of landowners to spray weeds along the right of way. Also ask for brochures that could be sent out with the water bill.

- Send a notice with the water bills asking people to control weeds on their property and offering resources. Brooks said that Danny could spray from a four-wheeler for $35/hour.

- Brooks requested that we ask the board for approval of $2,000 to provide herbicide and to pay Danny to spray the rights-of-way. He suggested that Danny could pick out the weeds and avoid favorable plants.

I contacted Dale Gubler at the County. He informed me that he planned to spray Dammeron Valley the next week, so he said that we would gain nothing by spending an additional $2,000.00. Furthermore, he said that he is required to spray the entire public right of way, from the pavement to the property line, because the county needs to keep the ditches clear to ensure adequate drainage. So he would just respray the same areas we had sprayed, rendering our expenditure unnecessary. He does not spray the front of any lot that is clear, so if a landowner wants to avoid having his property sprayed, he should clear it himself.

Apparently he gets complaints from people worried about the effects of the herbicide. This discourages him, so if we want an enthusiastic county response on weeds, we might want to figure out how to strike a balance on this point. If it is windy, he can't spray. That has slowed him down this year.  The county is primarily concerned about noxious weeds http://extension.usu.edu/weedweb/nweeds/Utah.htm  . Tumbleweeds aren't on this list, nor horehound or ragweed. Puncture burr and scotch thistle are. He has already patrolled Dammeron Valley looking for scotch thistle. If puncture burrs show up after he sprays, he will come up again.  He did not have 400 brochures, but he dropped what he had by my office and I notified the committee that they were available. Nobody picked them up. He has some recommendations regarding herbicides, mixing ratios etc., which I can pass on if anyone is interested.

He is over budget on weed spray, so no donations can be made.

He called later to say he had sprayed and had identified certain noxious weeds. I have been informed that the weeds notice went out in the water bill, but since I have not received my bill, I cannot confirm that.

I initiated a potential discussion on a special approval for money for spraying, but withdrew the request after talking to Dale.

The weed committee should schedule another meeting to follow up on responses to the weeds notice (if any) and plan the next step.

/S/ Barbara Hjelle
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The Board discussed the responsibility of absentee landowners.  Alan Strebeck said that all subdivision CC&Rs say that landowners are to keep their lots and the area extending out to the road, weed free.  During discussion it was pointed out that CC&Rs are in conflict with the County which does not want landowners watering trees in the County's right of way.  The County says the watering could undermine the road. 

4.  Sally Musemeche reported on her CC&R response project.  Her committee is leaning towards a formal process to refer violations to the Board.  The committee will investigate the complaints and then make a recommendation to the Board.  Alan Strebeck has drafted a letter that would go out to the landowner if a complaint is accepted by the Board.

Sally said the committee investigation of the issue would include going to the County to research any applicable regulations.  The DVLA Board would have to make the commitment though to follow through on any complaints they decide to accept.  This may involve attorney fees.  The process as Sally outlined would be 1)landowner submits form with complaint 2)committee would investigate 3)the committee would make a recommendation to the DVLA Board 4)the Board would pursue resolution of those complaints accepted.  Sally also pointed out that complaints would not be anonymous.  The DVLA would be accepting recommendations from the committee in a public meeting.

Alan Strebeck said it would be good to have the County involved.  The County takes certain issues very seriously.  This process would be procedure driven as opposed to individual driven.  The Utah Community Association Act also provides guidance to homeowner associations.  He pointed out that homeowner associations often hire outside firms to handle violation procedures.  Often neighbor to neighbor discussions escalate out of control because people are already angered by the time they address the issue(s) with the neighbor.  Sally said she disagreed with the idea of hiring an outside firm.  This would lose some of the community feeling that Dammeron Valley has.  Cyndy Johnson said that she feels there should be neighbor to neighbor discussion first and then a process if that does not work.

Sally said her committee is currently: Sheri Mandell, Joanne VanMuijen, Barbara Hjelle and Sally.  They also want to come up with the five top violation issues in the Valley and provide education for the landowners.  Alan said he agreed with this approach.  Mike Barker added that the committee process gives a starting point for dispute resolution.  He thought the Board should give the process a shot.

Sally is going to give the Board the rules that will be followed.  The committee will have a form that the landowner will fill out.  This will establish a record of the issue.  The form will also ask the landowner to indicate that they have looked at the CC&Rs for the subdivision as there are differences between subdivisions.  After the committee has made an investigation of the issue and made its recommendation, the DVLA Board will decide the next step by either accepting or declining an issue.  Sally hoped the process would help the DVLA Boards to respond to landowner complaints and becoming proactive with education about issues. 

5. Mike Barker reported that he is looking into the Valley's insurance coverage.  The basic coverage looks in order but he will be meeting with the Chief to make sure that replacement costs are covered for the fire department.

Mike did not have anything new to report on his attempts to have County officials respond to the flood report that was submitted some time ago.

6.  Unfinished Business:
a.  Valley parties - Karen Sharkey
Karen Sharkey reported on the Valley party survey.  Respondents indicated that holiday periods were not the best time for the Board to sponsor social events.  Karen said that after a recent meeting to discuss alternative events a committee has been formed and a proposal is being made to the Board to sponsor a Fall Family Festival on Saturday, September 13th.  There will be a potluck dinner with the meat course provided by the DVLA.  There will also be a bake sale to help support the Community Center and Park. Other ideas will be an open mike, craft display, motorized car show - no fees or prizes - just a chance for folks to show off their cars, and a bouncy house for the kids.  There will be a meeting on August 12th to recruit volunteers.  Many will be needed to for various aspects of the event.  The Board was unanimous in saying they would sponsor this event.

b.  Recycling:
Sally Musemeche said that Barbara Hjelle will address recycling "binnies" placement at the next meeting.  The County recycling coordinator needs a decision from Dammeron Valley by September. 

7.  New Business:
a.  ARC procedure when landowner decides not to build - Lance Cornwall, Chair ARC
The Board discussed the issue of how the ARC handles the documentation when a landowner decides not to build after their plans are approved.  Lance pointed out that the approval process gives the landowner two sets of approved plans.  The landowner owns the plans so the ARC cannot take them back.  The Board discussed ways of indicating the plans are being withdrawn.  It was suggested that the signature area be noted with a VOID and date of that action.  Lance also said that the issue has not come up yet.  The discussion was held in response to an inquiry from a landowner who is revising their plans but they have not withdrawn them.  Alan Strebeck suggested the Board revisit the issue and deal with it when a withdrawal is requested.

b. Delinquent dues letters:
The Board discussed two letters that will go out to landowners with the August 1st late dues invoices.  The first letter reads as follows:

DAMMERON  VALLEY  LANDOWNERS  ASSOCIATION,  INC.
1137 Dammeron Valley Drive East             Dammeron Valley, Utah  84783           Telephone (435) 574-6397   
Web site:  http://mydvla.org   Email: dvla@mydvla.org
http://mydvla.org/phpbb

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NOTICE OF DELINQUENCY

The DVLA runs on a very tight budget and thanks to the hundreds of hours of volunteer work, the dues are comparatively low for a master planned community.  The Articles of Incorporation of the DVLA require that the dues be the same for each member.  The non payment of dues or late fees upsets the balance of fairness and shifts the burden onto others who have already paid what they owed.

At the 2008 annual meeting, the DVLA members approved the 2008 2009 budget which works out to dues of $306.00 per lot for the fiscal year.  The budget approval also included a "late fee per each partial or full month after the due date" of $15 per month.  The bylaws state that the annual dues are to be paid by the first of the month following the annual meeting which means that $306 was due on June 1st.  A late fee of $15 is now due for July making the amount owed per lot $321.00 and for dues not received by the DVLA by July 31st, the dues per lot go up to $336.00.

Maybe you weren't aware that over 90% of our dues goes toward fire protection and our firehouse, so it is imperative that we collect our dues promptly.  Dues are not optional nor negotiable.  It isn't fair to the rest of the landowners who have either paid on time or have included late fees when making their payment after the due date.  There are no provisions for waiving fees in our By-Laws, CCRs or Articles of Incorporation.  The Board of Trustees has been given no authority to give special treatment to anyone.  If that provision is something that landowners would like to see take place in the future, then it will have to be written up and voted on by all landowners at our next annual meeting.  

Please take care of your dues and late fees promptly to avoid further late fees or a lien being placed on your property.  As a board, we truly do not like to take that action but our hands are tied and we are obligated to act according to the rules agreed upon in our governing documents. 

Sincerely,

DVLA Board or Trustees
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MOTION was made by Sally Musemeche to accept the delinquency letter.  Mike Barker seconded the motion.  The motion was passed.
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The second letter will be sent to those landowners who sent in their dues but did not pay the applicable late fee.  It reads as follows:
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We appreciate your partial payment of your DVLA dues.  As we're sure you are aware, collection of dues is essential to maintain our fire protection and, in particular, to ensure that we can make the payments on the fire station and large pumper truck loans in a timely manner.  In addition, payment of all dues, including late fees, is required to maintain membership in good standing in the DVLA.

Others who paid their dues after the deadline of July 1st have included the required late fee with their payments.  We also must treat all landowners equally.  For this reason we request that you forward the $15.00 late fee that still remains due on your account without undue delay.

Thank you for helping us to keep the DVLA solvent.

Sincerely,

DVLA Board of Trustees
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MOTION was made by Alan Strebeck to accept the letter with revisions (as incorporated above).  Mike Barker seconded the motion.  The motion was passed.

c.  Resignation of Lori Talbot as Park Project Coordinator:
Cyndy Johnson read Lori Talbot's resignation letter as Park Project Coordinator.  The Board is looking for a new coordinator and anyone interested in volunteering should call Cyndy Johnson.

d.  Community Center use:
Sally Musemeche noted that the Community Center needs to be made ADA compliant.  She feels that all Valley residents should have complete access to the Community Center.  It should be made handicap accessible.

7.  Adjournment
MOTION was made by Mike Barker to adjourn the meeting.  Alan Strebeck seconded the motion.  The meeting was adjourned at 9:00pm.

Stella Callagee
Recording Secretary

Tuesday, June 24, 2008

Minutes - DVLA Board Meeting 06/24/08

Minutes of the Special DVLA Board Meeting of June 24, 2008

Board Members attending: Cyndy Johnson, Mike Barker, Alan Strebeck, Barbara Hjelle,                  Sally Musemeche
               
Fourteen landowners were in attendance.  Brooks Pace was also in attendance - representing Water Company and Dammeron Corp development.

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

1.  Approval of Agenda
MOTION was made by Sally Musemeche to approve the agenda.  Mike Barker seconded the motion.  It was passed.

2. County Representative presentation on recycling
Presentation was made by Jenifer Harris, County Recycling Coordinator.  (Telephone numbers - Office:435-673-2813; Cell:435-619-2152  Email:wcsw4@hi-speed.us)

Jenifer explained that "binnies" for recycling will be placed in Dammeron Valley.  Participation is voluntary.  All taxpayers have contributed for sometime towards recycling.  The money raised over the years is being used to purchase the "binnies" as well as a special flatbed truck that will make the pick-ups. Currently Dammeron Valley is scheduled for a weekly pick-up. The County will sell the commodities collected.  The money will be turned back to individual communities for their use.  The recycling effort will be introduced during "Don't Waste Dixie Week"  - 9/22/08.  There will also be an education component that will be introduced into the County school systems.

Decisions that need to be made by the DVLA: 1) where will the "binnies" be placed 2) what will be the designated use for the money turned back to Dammeron Valley.  Landowner offered suggestion of using the money for "community improvement".  Barbara Hjelle is the recycling contact for the Board.  She will return to the Board with recommendations.

3.  Review and approve minutes of the April and May meetings
Board discussed several issues in connection with the minutes. 
a.    remarks made at a public meeting cannot be excluded from the minutes
b.    current minutes are an extract of discussion made by recording secretary - they are not a transcript
c.    past practice has been to have drafts emailed to Trustees for corrections/additions and ability to review minutes prior to meeting
1.    Alan Strebeck pointed out that it had been two months since the April Board meeting and it was difficult to reconstruct discussions that long in the past.  Recording secretary apologized for delay in getting draft to Trustees.  She explained that in past years the special meeting following the annual meeting had been only to elect officers.  The May 27th meeting agenda had been amended to include a number of items.  If she had realized the meeting was to be more extensive and the Board wanted the April minutes she would have prepared them.  Stella also pointed out during the month between the annual meeting and the June Board meeting  she was preparing invoice mailing, processing receipts as well as fiscal year end close.  Past Boards had not asked for the minutes earlier but she would make every effort to make the process more timely. 
2.    What to include in minutes was discussed.  Brooks Pace noted that he had served on boards where the only information recorded were the agenda items and any motions which were made.  Several board members felt that current format is OK as it gives some background to discussion. 

MOTION was made by Mike Barker to accept the April and May minutes.  Sally Musemeche seconded the motion.  It was passed.

4.  Review financial reports - Stella Callagee
Stella Callagee reported a donation from Leonard and Shirley Rice for fire protection.  She had also received the first donations for use of the new Community Center.

Stella Callagee explained that the fiscal year for the DVLA will end 6/30.  Because the fire season had not been active yet, the fire department did not have extensive expenses as in some prior years.  She was able to give a summary and estimate of unrestricted funds to carry forward into the new year.

The DVLA has five bank accounts including the one that has the escrow funds for outstanding construction projects.  That account is not included in the reserve count as those monies will be returned to landowners when the construction is completed.

At US Bank there are accounts for the Fire Truck loan, Fire House loan and Fire Department.  At Wells Fargo the DVLA has its main Operating account and the Escrow Account.  Estimated year end balances in each account are:

US Bank - fire truck    $4,838 - July and Aug payments (this is an automatic deduction acct)
US Bank - fire house    $4,227 - July and Aug payments (this is an automatic deduction acct)
US Bank - fire dept.    $3,000 - remainder of $5K advance on new year budget
Wells Fargo - operating $39,236 - prior yr carryover and current year remainder

        Total    $51,301
Commitments against that total are:
            ($1,375) - Christmas fund donations for Comm Ctr  park
            ($2,000) - fire hydrant repair
            ($310)    - Comm Ctr donations
            ($5,188) - ARC planning fees and tree bonds - earmarked for registration of                                Fire truck
Unrestricted carryover    $42,428

Stella will be completing the year end reconciliation after 6/30 and then take the documentation to the accountant for preparation of the tax returns.

MOTION was made by Sally Musemeche to accept the financial report for filing.  Barbara Hjelle seconded the motion.  The motion was passed.

5.  Reports:
a.  Fire Department - representative was not available and report not given
b.  ARC Report - final approvals CT-30, FA-22, and PHI-20; new construction approvals - OF2-29, ME-23
c.  Trustee Reports:
    1. Mike Barker said that Stella had given him the insurance policies and he would be reviewing the value of the insurance on the buildings.  The basic coverage seemed to be in order.

    2.  Sally Musemeche is the contact for the Community Center.  She reported that she had met with the Committee and praised them for the process that had been set-up for Valley use.  Crystal Phillips thanked Sally for meeting with them so quickly and helping to get the rules in place.  One of the issues that Sally said the committee had addressed was how to recognize the contribution made by all landowners towards the Community Center through their dues payment.  To that end every landowner would have the right to use the Community Center for one event during the year with no charge.  Subsequent events would be charged at $5.00 for the first hour and $2.50 for each following hour.  These rates had been set-up by looking at utility and insurance costs for the Community Center over the past year.
    Sally said she would be heading up the committee to address landowner "concerns".  She was working on finding a good contact with the County.  She was still working through her thoughts on the set-up of the committee and was not ready yet to solicit volunteers to serve.

    3. Cyndy Johnson reported that Rick Smith had reported 14 bags of trash were collected during the highway clean-up held on Saturday morning, June 7th .  He sent his thanks on behalf of the entire Valley to the following landowners who came out to help: Ryan Butts, Larry and Donna Geer, Vaughn and Marleen Bussma, Wayne and Lou Staab, Eric Watts, Cyndy Johnson, Jeannette Cutner and son, Cole, and Terry Smith.  The next "detail" is planned for the early fall.

    Cyndy said that the new community bulletin board has 46 landowners registered.  It is still in the experimental stage.  She hoped that landowners would be willing to give it a try.  Currently the website needs to be updated and the web committee was looking for volunteers to help write the updates.  Volunteers can contact Cyndy.

    4.  Barbara Hjelle said she is heading up the weed committee.  She is asking for volunteers.  Brooks Pace said he was willing to volunteer.  Barbara said she had some thoughts about getting those with tractors to volunteer to help mow down weeds.  She was looking for ideas as to how to get those with problem lots to participate in this effort.  She was also looking into what help could be expected from the County.  She will plan a meeting of this committee next week.

    5. Alan Strebeck said the burn pile process had run well over the past season.  Due to fire restrictions the burn pile is closed until Fall.

    Alan is heading up the committee to review the by-laws.  He is planning the first meeting in July and is looking for volunteers. 

6.  Unfinished Business
a.  Party surveys - Karen Sharkey
Karen Sharkey reported that the consensus of the surveys indicated no interest in a Fourth of July or Christmas Party.  Discussion was of an alternative social event - like an art in the park or similar event.  Sally Musemeche said there was a need to get the restroom in the Community Center ADA compliant.  The cost would be around $1,300.  The Board asked Karen to meet with interested landowners and bring recommendations for alternative events back to the next meeting.  This item would be placed on next month's agenda.

b.  Board policies and procedures
Board policies and procedures had been adopted by the Board in January 2004.  Cyndy Johnson asked the Board to look over the document and see if there was anything that conflicted with the current governing documents.  Also, the Board should see if anything needed to be updated.  Alan Strebeck said it was a good place to start.  A landowner asked where they could get a copy of the document.  Stella Callagee said she would place it on the Community Bulletin Board.  Cyndy said this item would be placed on next month's agenda.

7.  New Business
a.  Lance Cornwall asked the Board to approve Ken Mandell as a member of the ARC.
MOTION was made by Barbara Hjelle to approve Ken Mandell as a member of the ARC.  Sally Musemeche seconded the motion.  The motion was passed.

b. Annual Meeting Procedures
Alan Strebeck discussed a problem with annual meeting procedures.  There had been a problem when a landowner who had given their proxy to someone showed up at the meeting.  Since there were multiple sign in sheets there was some confusion finding where the proxy had been signed in.  Karen Sharkey noted that when the initial sign-in rush happens it would be a big hold up to make those with proxies move from alphabetical station to station.  Alan Strebeck noted that the $100 incentive was worthless.  Landowners still had to be called to get a quorum.  Brooks Pace suggested changing the size of the quorum - maybe to something like 25%.  The Board discussed what constitutes a quorum.  Cyndy Johnson mentioned the need to limit the presentations by the candidates.  It was suggested that the candidates be given a specific time limit.

c. Brooks Pace reported that the water conservation tariff had been approved.  Information will be sent to landowners in the water bill. 

Brooks Pace said that his purchase of State Institution Trust Lands had been put on hold.  He hoped to begin development in 2009/2010.  His intent is to develop 250 lots that would be 2 acres in size.  He was asked if these would become part of the DVLA.  He said it was his intent to make them part of the DVLA.  Barbara Hjelle said her concern about this was the voting impact of this new development on the land use in the older subdivisions.  The Board discussed whether new subdivisions could change land use in the older subdivisions.

Brooks Pace said that Veyo was circulating a petition to withdraw from the Water Conservancy District.  He said that 10% of the property tax goes to the Water Conservancy District.  Sally Musemeche asked why Veyo is raising the issue.  It was discussed that use of recreational areas is also covered by the District.  Attorney Robert Mitchell, a landowner, offered to do research on the issue and get back to the Board.

8.  Comment and Discussion by Landowners
a.  Robert Mitchell said that the highway noise is loud.  He asked if the DVLA can get the speed limit reduced.    Brooks Pace suggested planting a line of trees along the highway.  A study had been done by the State a few years ago and it did not support lowering the speed limit.

b.  Ken Mandell asked the status of the incorporation petition.  Alan Strebeck said that this is not a DVLA issue.  He would be glad to discuss the petition after the meeting.  Cyndy Johnson added that the DVLA Board had been criticized for getting involved in this effort.  The Board's intent had been to keep landowners informed, not to support the issue.

6.  Adjournment
MOTION was made by Barbara Hjelle to adjourn the meeting.  Sally Musemeche seconded the motion.  The meeting was adjourned at 9:15pm.

Stella Callagee
Recording Secretary

Tuesday, May 27, 2008

Minutes - DVLA Board Meeting 05/27/08

Minutes of the Special DVLA Board Meeting of May 27, 2008

Board Members attending: Cyndy Johnson, Mike Barker, Alan Strebeck, Barbara Hjelle, Sally Musemeche
               
Sixteen landowners were in attendance.

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

1.  Approval of Agenda

Items added to the agenda:
a. Discussion of the Community Center - added at the request of Crystal Phillips. 
b. Discussion of the new website by Johnna Evans
c. Discussion of fire safe forms by Mac Thomson
d. Brief discussion of policies and procedures - requested by Barbara Hjelle

MOTION was made by Barbara Hjelle to approve the agenda as amended.  Mike Barker seconded the motion.  It was passed.

2.  Election of Officers

MOTION was made by Barbara Hjelle to nominate Cyndy Johnson as president, Sally Musemeche as Vice President and Stella Callagee as Recording Secretary/Treasurer.

Stella questioned the reason the Board, after she has served since 2004 as the Secretary/Treasurer of the corporation, is now nominating her for approval.  Stella explained that it was her understanding that she served as an "employee" of the Board of Trustees, not as an elected position.  Alan Strebeck cited the need of approving the Secretary/Treasurer as written in By-law five - "Officers".  "Section 2 states: Qualifications and Method of Election - The officers shall be members of the Corporation, shall be elected by the Board of Trustees, and serve for a term of one year."  Stella said that making the position one that requires yearly application and approval by the Board would a) make it hard to recruit someone to take the job and b)if the position is not an employee of the corporation then how does the Board of Trustees replace someone for a performance issue?

Johnna Evans added to the discussion saying she had been the Secretary/Treasurer for nine years.  When she wanted to be relieved of her duties it took two years for her to find someone who was willing to take on the job.  Stella added that currently there is a$300/month allocation for the Secretary/Treasurer position (split between Stella $200 and Karen Sharkey$100).  Due to the time and extent of the duties handled by this position - as the Valley has grown to almost 400 dues paying lots and the Valley carries loans and has a sizable fire department with attendant recording requirements and bill paying - this is in truth a "paid volunteer" position. To make the incumbent think that they only hold the position for a year at a time will make it highly unattractive.  Stella noted that it takes at least a year for someone to understand the financial and reporting cycles of the DVLA which includes the fire department.

The Board discussed the ambiguity of the By-law references.  On one hand the position was in the by-law as "elected" yet it later said that the position was "selected" by the Board of Trustees. 

AMENDED MOTION by Barbara Hjelle to nominate Cyndy Johnson as President and Sally Musemeche as Vice President. 

MOTION made by Alan Strebeck to nominate Sally Musemeche as President.

Alan said that all Trustees are in a training position.  He perceives the duty of the President as seeing that the business of the corporation is transacted under direction of the governing documents.

Barbara said that she felt the most prominent role of the President was the running of the meetings.  She felt Cyndy had the capacity to "smooth the waters."

Barbara's AMENDED MOTION was seconded by Mike Barker.  Motion was approved by a unanimous vote.  Cyndy Johnson approved as President and Sally Musemeche as Vice President.

MOTION by Sally Musemeche to select the Secretary/Treasurer and continue as is currently set-up.  Motion was seconded by Cyndy Johnson. 

Barbara Hjelle said this should not be an annual motion.  She raised the question of the interpretation of the by-law.  The Board's action should not start an annual appointment.

The Board discussed with Karen Sharkey her role as Secretary.  Sheri Mandell added that when Stella was first asked to step in as Secretary/Treasurer because there were no applicants, Sheri took over those duties which would assist Stella - especially taking calls and handling daytime contacts - as Stella works full time.  Ken Mandell added that when trying to fill the position his Board had to advertise the position as a partially compensated volunteer.  Stella explained that after Sheri's tenure, Karen Sharkey had offered to help her.  The $300/month allocation for the Secretary Treasurer position has been split with $200/month going to Stella and $100 to Sheri then Karen.  Johnna Evans added that it is important for the DVLA to have a "staff".

Barbara Hjelle said the motion should identify with the current arrangement.  She also talked about the management mechanics of the DVLA â€Å“staff” and the need to foster communication.  The Board should include the secretary/treasury in communications. 

AMENDED MOTION: Pending modification of the by-law wording - to approve Karen and Stella in their current positions.  This motion noted and approved the set-up of the positions as described in the preceding discussion.  The motion was seconded by Alan Strebeck.  The motion was passed.

3.  Trustee Assignments:

a.    Trustees to maintain prior process that the Trustee who is ARC member for the month will respond to landowner questions which come in to Karen Sharkey via phone or email.   The Trustees discussed the process.  It was noted that is important to make sure the replies are as timely as possible and that all correspondence is noted as coming from the DVLA Board.

1.    Sally Musemeche said she would like the Board to try to stop conducting board business by email.  She asked that this be part of the procedures discussion at the next meeting.  She is concerned that issues be discussed in the open forum of the Board meetings.
2.    Barbara Hjelle said that Karen Sharkey has to judge if an inquiry is something addressed to her personally or if it is DVLA business that needs to go out to the Board.  If a Board member is responding they should make Karen and the other Board members aware of their response.  The board member should also bring their questions and responses to the next meeting just so everyone is aware of issues addressed and responses.  Stan Evans suggested that if a Board member gets a telephone call they should keep notes and then share that inquiry and their response with the other Board members.  Sally said the "staff" should be made aware of questions/responses too.  Alan added that a response which  is forwarded from a Trustee should be sent "as is" with no additional commenting.  Notices/responses should also be on DVLA letterhead.

b.    ARC Assignments:
June - Mike Barker; July - Cyndy Johnson; August - Barbara Hjelle; September - Sally Musemeche; October - Alan Strebeck

The Board discussed the need for a more detailed report of what is being approved by the ARC or more Board involvement.  Alan Strebeck said the Board needs to ensure consistency.  Barbara Hjelle said she views the ARC as a recommending body to the Board.  A certain amount of legwork goes into reviewing the plans.  How much scrutiny does the Board need to give to the decisions?

c.    Committee Assignments:
Flooding issues - Mike Barker
Burn Pile - Alan Strebeck
Dead Trees/highway clean-up/signage - Cyndy Johnson
Website update - Cyndy Johnson
By-law changes/additions - Alan Strebeck with Barbara Hjelle
Recycling - Barbara Hjelle
Community Center - Sally Musemeche
Adopt an entrance - Alan Strebeck
Insurances review - Mike Barker
Fire safe liaison - Alan Strebeck
Weed committee - Barbara Hjelle

The Board discussed the need to form a committee to handle landowner complaints.  Sally Musemeche said she would take on that assignment.  Alan Strebeck said that there needed to be protocol established.  The Board should be able to point at a document and tell a landowner why they were getting a letter about an infraction.  The Board needed to establish how infractions would be handled.  Barbara Hjelle said that this process would take more than one discussion.  She said landowners should be invited to join this committee.

Alan said that State law allows HOAs to fine members as long as their governing documents allow this.  There needs to be an economic consequence for lack of compliance with CC&Rs.  Sally said the County will come out if a property is a bad problem.  She was volunteering to work with landowners in the Valley and the County.  She wanted to keep the process issue oriented.  

3.  Community Center:
Crystal Philips reported that she and Robyn Jensen have developed rules and regulations for use of the Community Center.  They wanted to bring to the Board's attention the need for some additional remodeling and finalization of their use policy.  Sally Musemeche said she would meet with the Community Center committee.


4.  Website Update:
Johnna Evans said that the website needed to be updated.  If someone would work on revisions and send them to her, she and Stan would get the site updated.  There needs to be new pictures of the firehouse and a description of the Community Center.

5.  Fire Safe Committee:
Mac Thomson reported that the Valley had reported 3,165 ½  clean-up hours and expenditures of $55,375.  These figures would translate into in-kind services from the State.  A chipper and crew was one of the services that could be requested by homeowners.

6.  Adjournment

MOTION was made by Barbara Hjelle to adjourn the meeting.  Alan Strebeck seconded the motion.  The meeting was adjourned at 9:30pm.

Stella Callagee
Recording Secretary

Tuesday, April 29, 2008

Minutes - DVLA Board Meeting 04/29/08

Minutes of the Regular Monthly DVLA Board Meeting April 29, 2008

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

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

1.  Approval of Agenda
MOTION was made by Jerry Yurek to approve the agenda.  Crystal Phillips seconded the motion.  It was passed.

2.  Annual meeting phone calls - Karen Sharkey
Karen Sharkey distributed phone lists and made assignments for calling.  Volunteers would start by May 13th and call to remind landowners of the May 17th Annual Meeting.

3.  Review and approve minutes of the March meeting
Alan Strebeck asked that the last two forms mentioned in the draft be struck from the final minutes.  The forms had not been approved.

MOTION was made by Crystal Phillips to approve the March minutes as amended.  Mike Barker seconded the motion.  It was passed.

4.  President's Message
Cyndy Johnson thanked the Board members for their efforts over the past year.  She felt they had accomplished that which they were elected to do.  She appreciated the good attendance of all the Board members.

5.  Financial Reports - Stella Callagee
Stella reported no unusual expenses.  Costs for the Annual Meeting - primarily refreshments, copying and supplies would be hitting the books in May.

MOTION was made by Jerry Yurek to approve the financial reports.  Mike Barker seconded the motion.  It was passed.

6.  Reports
a. Fire Department
Captain Maciej Szcerbiak gave the report for the fire department.  There were no fires but there were five EMS calls.  These included two car crashes - one in the Valley and one in Diamond Valley.

The recent engine training event in the Valley involved 27 engines.  The teams learned by responding to different scenarios in Pinion Hills.  Fire fighters learned how to triage structures.  The training was considered a great success.

Fire department volunteers are participating in "flashover training".  This entails having volunteers placed in a trailer which is heated to 700 - 900 degrees.  They get to see what this type of fire threat feels like.

The Dammeron Valley fire department is the first in Washington County to receive its S190 certification from the BLM.  This "red card" certification means that the volunteers are trained and ready to fight wildland fires.

Alan Strebeck said that the burn pile would be open on May 24th.  This would be the last time it would be open for dumping until next Fall.

Captain Szcerbiak said that Bud Balagna would come out to a home owner's property to give them an assessment and tips on how to safeguard their home and lot.

b.  ARC
Lance Cornwall, chair of the ARC, gave the report for the past month.  A new home in Pinion Hills had been approved.  Final approvals with refunds were done on OF2-04 and CT-19.  Three more properties are going to be inspected for a final approval and refund.

c.  Trustee Reports
Alan Strebeck reported that the burn pile openings have been going well.  The burn pile is receiving for the most part combustibles like trees and brush.  The pile does not take stumps. 

Cyndy Johnson said that there is a concern for the trees in the old park.  There is a need for Brooks Pace to water the trees. 

Cyndy is working with Stan and Johnna Evans on the DVLA website.   The Board has been experimenting with the new set-up for the past month.   There will be a new DVLA email: mydlva.org.  Landowners will be able to go to a bulletin board to read posted messages/alerts as well as participate in discussions.  There is a need to get the website information updated.  Kim Ahrenholtz volunteered to get electronic copies of all the CC&Rs so they can be posted.

MOTION was made by Crystal Phillips to go ahead with the move to the new website.  Mike Barker seconded the motion.  It was passed.

Crystal Phillips reported that the contractor for the park has been selected.  It is Southern Design Landscape & Maintenance - owner Will Packer.

Crystal Phillips said that she had looked into recycling.  The service is currently not available in Dammeron Valley.

Crystal reported that the community  center is almost done.  It will be open on the day of the Annual Meeting so landowners can take a tour.  There are plans for the community center to be used for yoga classes, parties, slideshows, etc.  The community center will be open for landowner use and a donation will be requested.

As liaison to the fire safe committee, Jerry Yurek encouraged everyone to fill out the fire wise forms.  The forms can be given to Mac Thomson or Karen Sharkey.  Ned Cordery is the committee contact for the chipper which is one of the services provided by the State. 

7.  Unfinished Business
A landowner asked about possible ballot issues.  Discussion clarified that only the dues policy would be decided on the Annual Meeting ballot.  The Board decided to handle the dues collection policy by incorporating the late fee into the budget presentation. A $15/month late fee will be indicated for each partial or full month after the due date.

8.  New Business
a.  The decision was made to give the Board candidates time at the Annual Meeting to introduce themselves and answer landowner questions.

b. Karen Sharkey talked about the Christmas and Fourth of July Valley parties.  Attendance at both has been low.  She suggested it was time to come up with alternative social gatherings.  Karen suggested something like an "art in the park" event.  Cyndy Johnson suggested that a survey be done at the Annual Meeting. 

9.  Adjournment
MOTION was made by Jerry Yurek to adjourn the meeting.  Crystal Phillips seconded the motion.  The meeting was adjourned at 9:35pm.

Stella Callagee
Recording Secretary

Tuesday, March 25, 2008

Minutes - DVLA Board Meeting 03/25/08

Minutes of the Regular Monthly DVLA Board Meeting March 25, 2008

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

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

1.  Approval of Agenda
Item 7b under new business, John Burns - comments on issue of incorporation was moved to item 8a under Comment and Discussion by Landowners.
 
MOTION was made by Jerry Yurek to accept the amended agenda, Mike Barker seconded the motion.  The motion was passed.

2.  Review & approve minutes of the February Board meeting.
Cyndy Johnson said that there were three sets of minutes to be approved - Special Board Meeting of 2/19/08, Regular Monthly Board Meeting of 2/26/08, and Special Board Meeting of 3/4/08.

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

3.  Review & approve financial reports - Stella Callagee
Stella Callagee discussed with the Board funds that were to be moved out of the escrow account representing unclaimed tree bonds and planning fees.  Reconciliation indicated that there was enough money to pay a large portion of the fire truck registration sales tax fee if the Board would want to take care of that action now.  The proposed budget will indicate money set aside for this action.

Alan Strebeck recommended not paying the sales tax until final word is heard from Representative Clark as to whether or not there will be an exemption from this fee.  The other board members agreed with this action. Alan also asked Stella to move the funds out of the escrow account as now shown on the balance sheet so that they are shown in "equity" rather than remain as a "liability". 

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

4. Reports
a. Fire Department
Captain Maciej Szcerbiak gave the report for the fire department.  There were no fires in the past month.  The medical team had responded to two calls, one in the Valley and one in Veyo. 

Captain Szcerbiak discussed the Southwest Engine Training that would be held in Dammeron Valley on Saturday, April 5th.  There would be representation of numerous agencies and departments.  There would be 27 engine companies participating.  The program would be open to the public.  There would be demonstrations and information available.  Food and beverages would be provided.

The Captain was asked about the repeater situation.  He said it was an ongoing battle and the repeater response is very sporadic.  The Dammeron Fire Department has designed their own system to ensure timely response.

b. ARC
The Chair of the ARC, Lance Cornwall, reported that a final approval had been done on Canyon Trails Lot 4.  There is new construction in Pinion Hills that is going through the approval process.

Lance said that he would be working on reducing the current ARC log.  There are a number of approvals that did not require a deposit.  Those types of requests do not receive ready follow-up as there are no funds to be returned to landowners.  But there are a number of projects that are old that need to be inspected and removed from the log if completed.

c. Trustee Reports
Mike Barker reported that he is waiting for a response from Representative Clark and the County concerning the letter detailing flooding in the Valley with a CD of pictures which were sent to various State and County offices.

Alan Strebeck reviewed the draft of a new proxy form with the Board members.  This proxy form would decouple it from the Ballot.  In past years both were on the same page and it was confusing.  It was decided that the ballot would be handed out at the annual meeting to either the landowner or their designated proxy rather than be mailed in the Annual Meeting package as done in the past. 

Alan reviewed the draft of the compliance letter with the Board members.

MOTION was made by Jerry Yurek to accept the compliance letter.  Mike Barker seconded the motion.  It was passed.

Alan Strebeck reviewed the draft of the bylaw change incorporating the policy concerning delinquent dues.

MOTION was made by Jerry Yurek to accept the bylaw change which would now go on the ballot for the annual meeting.  Mike Barker seconded the motion.  It was passed.

Cyndy Johnson reported that Rick Smith had volunteered to take over highway clean-up.

Crystal Phillips said that the community center was nearing completion.  There was a pile of stuff leftover from the construction that was still usable but needed to be moved out of the Community Center.  It had been suggested that there be a rummage sale of these materials.  Crystal would put that together.

Crystal reported that she checked into recycling.  Currently the waste company does not have the ability to put out large containers.  Individual landowners have to contract for their own recycling.

5.  Unfinished Business
a. Cyndy Johnson reported on the meeting of the website committee.  Currently Stan Evans and Wayne Staab were working on this effort.  Stan is doing research on domain names to find something that is easier to use.  They are looking into the possibility of putting up the minutes, agendas and email alerts onto the website.

b. Cyndy discussed the vote on the newsletter which had been passed at the last meeting.  After further thought she suggested holding off going with the service and finding out what the landowners thought about this proposal.  She was concerned that there were landowners who did not want to receive another newsletter.

Alan Strebeck pointed out that this type of service could get all of the Valley addresses through other, legal means and send out a newsletter.  The benefit of this company was that there was no cost to the DVLA.

Cyndy suggested having this as a discussion item at the Annual Meeting to get feedback from the landowners.

A landowner attending requested the Board not share the Valley's mailing list with an outside for profit entity without the consent of the landowners.

Another landowner asked why this company was coming to the DVLA if they could get everyone's address?  Would the involvement of the Board give an implied endorsement to the advertisers that would be listed in this flyer? 

Another landowner said she was not interested in another newsletter, especially something produced by those who did not live in the Valley. 

Crystal Phillips said that after considering the discussion she was not comfortable with going ahead with the newsletter company.

MOTION was made by Crystal Phillips to rescind the vote from the last meeting authorizing a go ahead with the newsletter company.  Mike Barker seconded the motion.  It was passed.

c. Annual Meeting
The Board discussed the mailing for the annual meeting.  Karen Sharkey reviewed areas where volunteers would be needed. 

The Board discussed a meeting with the County following the annual meeting to discuss the feasibility study.  This was planned for 1:30pm.

A landowner attending said she thought this meeting about the feasibility study was a big mistake.  Another landowner said that this was not a DVLA issue and the board needed to separate itself from the study. 

Cyndy Johnson explained that the Board had been involved up to this point because it did affect Dammeron Valley landowners and instead of having a group act independently and unknown to the majority, the Board had provided a venue for the issue.  It was not meant to give the Board's support of the issue; it was only to get the process out in the open. 

It was suggested that if the County Planner, John Willey, thought it would be beneficial to have a meeting, the County could call that separately.

A landowner asked how a 1:30pm meeting on the study would be noticed up?  If it went out via the DVLA system than it would seem to be endorsed by the Board.  Cyndy said that this could be a notice, like the recent Water Company meeting that was clearly advertised as a non-DVLA meeting.

Crystal Phillips added that the Board's intent was to be helpful to landowners, to keep them informed of the issues.

Alan Strebeck said that following the feasibility study there would be public meetings to discuss the findings.  That would be the time to have John Willey come and answer questions.  At this point he could only talk about the process.

A landowner asked who was paying John Willey's wage?  The Board said the County.

Following further discussion the Board decided that the 1:30pm meeting concerning the feasibility study would not happen unless someone else wanted to contact the County and set it up.

5. New Business
a. Candidates for the Board
Cyndy Johnson said that two candidates would be needed to fill the vacancies due to Jerry Yurek and Crystal Phillips rotating off the Board.  Cyndy asked if there were any landowners in the audience who were volunteering to run.

Sally Musemeche nominated Barbara Hjelle and Barbara Hjelle nominated Sally Musemeche.  Both accepted nomination.

Cyndy Johnson asked each to talk a bit about themselves. 

Sally said that in the past she had lived in a gated community which had very strict, dictated rules.  She never wanted to live in that type of community again.  She had wanted to live in a community that was clean and attentive to values and that is why she had moved here.  She has lived in Utah 10 years.  She had served on a planning commission in a prior community.

Sally was asked by a landowner about her stand on the number of horses on RA-5 lots.  Sally said we are a land of laws. There is a process to change laws but this is a County process, not a DVLA issue. She did not support limiting horses on RA-5 lots.

Barbara Hjelle said she had been on a prior Board.  The main reason she wanted to run again was because she felt the incorporation issue needs careful attention.  She has concerns that there are questions that the feasibility study will not answer that need to be asked. 

Barbara said she wanted to see a continuation of the peace that was now in the Valley. 

Barbara was asked by a landowner about her stand on the number of horses on RA-5 lots.  She did not feel the DVLA had the power to regulate this issue.  If the County tried to rezone RA-5 lots she would fight that action.  The RA-5 lots were intended to allow hobby farms.  She did believe that those who had a number of horses or large animals should practice fly control and keep up their lots.

6.  John Burns - comments on issue of incorporation
John Burns said that he spoke in opposition to incorporation.  His main objective is due to the costs.  He has checked with other towns and put together a spreadsheet of potential costs.

Currently the DVLA collects $270/year from 397 lots which equals $107,000 per year to meet expenses.  Here is a list of potential costs:
1.    road maintenance - it takes about $15,000/mi to resurface the road.  There are 10.5 miles of roads in Dammeron Valley.  To resurface the roads would be $150,000.
2.    fire department - there would need to a paid chief and fire fighters.  Five firefighters and a chief at $30,000/year would be $180,000.
3.    police department - there would have to be two shifts and a chief.  Four paid employees in the police department at $30,000/year would be $120,000.
4.    there would also be additional positions/costs in a city structure:
a.    mayoral or council form of government
b.    insurance
c.    legal fees
d.    garbage disposal
e.    secretaries/clerical support
f.    buildings
g.    equipment for maintenance

John said that the bottom line of his spreadsheet showed that each household would have to pay $2,430/year if Dammeron Valley incorporated.

John said that there had been a ground water study which limited the number of septic systems in the county.  The new rules say that you need 11 acres to build with one septic system.  This has made sewer systems necessary.  He had experience with a small system which had cost $500,000.  Any sewer system in Dammeron Valley would be turned over to the new city for maintenance.  The maintenance of a sewer system would be very costly.

John said he felt the Board had exceeded their authority by not having all the landowners vote before having the DVLA become involved with the feasibility study.

7. Adjournment
MOTION was made by Jerry Yurek to adjourn the meeting.  Alan Strebeck seconded the motion.  The meeting was adjourned at 9:00pm.

Stella Callagee
Recording Secretary