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

Minutes - DVLA Board Meeting 03/04/08

Minutes of the Special DVLA Board Meeting March 4, 2008

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

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

Cyndy Johnson said that Brooks Pace would like to have a meeting to explain the water company changes per the recent notice included in the water bills.  It was decided the meeting would be next Tuesday at 7:00pm in the fire house.  A message would be sent out via the alert email list.

Cyndy turned the meeting over to Alan Strebeck.  Alan explained that the purpose of the meeting tonight would be to discuss issues for the upcoming Annual Meeting.

Alan said that at the recent Homeowner's Association training session he attended it was suggested that a door prize be offered in order to help get landowners to the annual meeting.  Alan suggested a $100 gift certificate. 

MOTION was made by Jerry Yurek that as a method to encourage attendance at the annual meeting a door prize be given.  Mike Barker seconded the motion.  It was passed.

Alan said he wanted to clarify the proxy issue.  A landowner discussed assigning voting rights to a tenant in the house.

The Board discussed the question of who could receive a proxy. 

MOTION was made to include information on proxy form as read by Alan Strebeck.  Crystal Phillips seconded the motion.  (Alan Strebeck to bring the reworded proxy form to the 3/25 Board meeting.)

Alan raised the question of vote tabulation.  How can the Board ensure that a vote passes if a "voice vote" is taken?  Alan suggested an index card on a popsicle stick which would have to be raised if a vote was taken from the floor.  Discussion by the Board concluded that most of the issues are on the ballot and not brought up from the floor.

Alan suggested that the Board adopt rules of procedure.  This would facilitate discussion.  He suggested using Roberts Rules of Order. 

Alan suggested that the following be invited - a)County Commissioners b) County Planner - to talk about the feasibility study.

The Board and landowners present discussed the above.  Cyndy Johnson did not feel that discussing the feasibility study at the Annual Meeting could be limited to fit the meeting time.  Alan agreed that some landowners are confused as to the process.  A landowner said that the facts need to be reviewed so that misapprehensions can be corrected.  Landowners need to be fully informed.  It was decided to hold a separate meeting starting at 1:30 to cover the feasibility study.  Alan would see if the County representative could come at that time.

Alan discussed the need to have the membership grant the Board the authority to codify the current dues collection policy. This would be done by making it a By-Law.

MOTION was made by Alan Strebeck to put forward a By-Law ballot issue which would adopt the current late dues policy with the last part to say something to the effect of seeking additional legal action.  (Alan Strebeck to present wording of ballot issue at 3/25 Board meeting.)  Crystal Phillips seconded the motion.  The motion passed.  Jerry Yurek was opposed. 

The Board discussed contracting with the company that wanted to produce a homeowner's newsletter.  Alan recommended the Board sponsor this activity. 

MOTION was made by Alan Strebeck that the Board use the homeowner newsletter service.  Jerry Yurek amended the motion to state the Board would also control content of the newsletter.  The motion passed.  Mike Barker abstained.

The meeting adjourned at 10:45pm.

Stella Callagee
Recording Secretary