Minutes of the Special DVLA Board Meeting November 7, 2007
Board Members attending: Cyndy Johnson, Mike Barker, Crystal Phillips, Alan Strebeck Absent: Jerry Yurek
Seventy four landowners were in attendance.
President Cyndy Johnson called the meeting to order at 7:00pm.
1. Review & approve minutes of the October 30, 2007 regular Board meeting.
MOTION was made by Crystal Phillips to approve the October minutes. Mike Barker seconded the motion. The motion was passed.
2. Purpose of this special meeting - Cyndy Johnson
Cyndy Johnson explained that this special meeting was a fact finding session. Diamond Valley has petitioned the County to incorporate as a city. Brooks Pace approached the Board about looking at the pros and cons of having Dammeron Valley also submit a petition. Brooks had Attorney Robert Mitchell prepare a fact sheet about the incorporation process. (see attached) Diamond Valley was proposing a boundary line that would come right up to Dammeron Valley, having ramification for future development.
Attorney Robert Mitchell began the discussion. He is a resident of Dammeron Valley and lives in the Ranches subdivision. He and his wife plan to make this their home for a long time. He has law offices in Phoenix, AZ and St. George and specializes in real estate development issues. He pointed out that Dammeron Valley is surrounded by private and State Trust lands. These lands are going to be developed probably in the next two to six years and there will be an additional 400 homes in Dammeron Valley. The purpose of incorporation would be for the Valley to have a say in controlling the growth in the area. He cited the example of Paradise Valley in Phoenix, AZ. Paradise Valley was a rural area, much like Dammeron Valley, which had been on the outskirts of the city and had planned for growth. The area is now in the middle of Phoenix and is a highly desirable area to live due to the planning which controlled growth in keeping with its original community character. The homes in Paradise Valley now sell for millions. Attorney Mitchell sees Dammeron Valley as an early Paradise Valley. Now is the time to consider incorporation. He hoped that with the information he had provided and this type of discussion this can be a positive process.
Attorney Mitchell said that incorporation would allow the Valley to take control of development. Right now the area is governed by County regulations which are changing. For example, new developments are required to have curbs and gutters which are not in character with this community. Diamond Valley has submitted a petition to the County to incorporate. Their boundary line is right up to the Rice property.
Brooks Pace explained that currently there are 2,000 acres of BLM land for sale in the area. There is no water on the property right now but if a pipeline is brought up to the land, development would be explosive. Brooks has been talking with the BLM about trading this land out for other areas and taking it off the market. The BLM agrees it is a poor piece to sell. Brooks will be talking with the County Commissioners about making this parcel protected from development. Also, there are surrounding State Trust lands which Dammeron Corporation is negotiating to buy. Brooks plans on an average of 2 acre lots on a total 560 acres. Other developers could try and bring in higher density. Brooks has a verbal agreement with the State at this point.
In answer to a question from a landowner about sewers, Brooks explained that all future development would have to involve sewers. Even if Dammeron Valley incorporated, there would have to be sewers for new lots. The advantage of incorporation would give Dammeron Valley control over its own zoning. New County regulations require curbs and also no trees within 30 feet of a residence.
A landowner asked what would happen to the DVLA Board? Attorney Mitchell said it would probably go to a four year term becoming a council with a mayor.
Brooks Pace said that the first step is for the Valley to decide to request a feasibility study. This is done by the County, at their cost. There are many questions that would be answered by the study. Many of the services now covered by the County would be contracted for with the County รข€“ like police, road maintenance, building inspection, tax collection and other administrative costs. The study would look at all of this and indicate the costs to landowners.
Dave Brown asked what would happen to the Special Services District? Brooks said that the County wants to form a County-wide special services district for sewer plants. The current Special Services District would be disbanded. This would make the fire department a municipal fire department - still volunteer.
Attorney Mitchell explained that to start the process 10% of the landowners in the Valley, owning 7% of the property would have to submit a petition to the County requesting a feasibility study. The County officials he has contacted support local community governance. There would probably not be any opposition from the County if Dammeron Valley went this route. The feasibility study would give the Valley landowners information which would help them make a decision. After the feasibility study was prepared there would be public meetings and then 30% of the community would have to petition for the incorporation. Following a petition for incorporation there would be a special election.
Several landowners attending told of their personal experiences with incorporation in other areas such as California and Far West. Their experiences were not positive as services cost more than originally shown in the feasibility studies and taxes were much higher. One of the problems pointed out was that communities receive tax revenue from commercial property and Dammeron Valley is not zoned for much commercial activity. Attorney Mitchell pointed out that the cons being discussed were anecdotal and unique to other areas. A feasibility study would give information about the costs and impacts for Dammeron Valley.
Sheri Mandell asked if the new Washington County regulations about curbs, gutters and trees could impact existing homes? Brooks Pace said no, it was only for new development.
A landowner asked if incorporated, would Dammeron Valley have to have a courthouse and jail? Brooks Pace said no, those services would be contracted for with the County.
Leslie Koepke asked about what would happen to the current CC&Rs? Brooks said that they would become the rules for Valley zoning. Subdivisions could choose to keep their separate rules. Attorney Mitchell pointed out that an advantage of incorporation would be to maintain and protect current restrictions.
Cyndy Johnson said that she had been keeping a list of pros and cons. Among the pros were: control of planning and zoning, no curb and gutters in new development, control over the 2,000 acres that are currently for sale. For the cons: possible tax increases, higher fees, ordinances can change CC&Rs.
Attorney Mitchell said that the feasibility study is a first step only; it is not a yes or no to incorporation. Dammeron Valley is going to grow. The question is whether or not we want to control that growth locally or be regulated by the County. He strongly recommended looking into a feasibility study.
Cyndy Johnson asked for a straw vote of those landowners in attendance on starting the process for a feasibility study. Alan Strebeck and Mike Barker pointed out that this vote would not be binding. Mike Barker also noted that this was the first that he was hearing about possible incorporation so he had no information other than that given tonight. It was decided to conduct an informal straw poll of those in attendance - 34 attendees indicated they were for starting the process for a feasibility study and 16 were against.
Gary Jensen pointed out that the entire method of paying taxes/fees would be changed. Landowners would be paying based on the size of their home.
Landowner Sally Musemeche volunteered to help gather information about the numbers needed to get a feasibility study petition going and also to gather landowner interest. She would put together a letter for the Board to send out to all landowners (see attached letter which went out shortly after this meeting.)
Representatives of Diamond Valley came in towards the end of the meeting to discuss their petition process. Based on the concern about the boundary line that came right up to Dammeron Valley the representatives said they would be willing to pull back that line. They also talked with the Board about their experience with the feasibility study process. Diamond Valley was looking into incorporation because unregulated development was coming into their area and they were seeking to control growth in keeping with the character of their community.
2. Adjournment 9:00pm- MOTION was made by Alan Strebeck to adjourn the meeting, Mark Barker seconded the motion. The motion was passed.
Stella Callagee
Recording Secretary
