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 รข€“ 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
