Draft Minutes of the November 27, 2012, DVLA Monthly Board Meeting

Draft Minutes of the Monthly DVLA Board Meeting of November 27, 2012

     The monthly DVLA Board Meeting was held at the Fire House.  Twelve landowners were in attendance.  Board Members attending:  Bill King, Terry Taylor, Jim Johnson, Julie Cropper, Mac Thomson

             

     President Bill King called the monthly board meeting of the Dammeron Valley Landowners’ Association to order at 7:00 p.m.  

1.  Approval of the agenda:

       A MOTION WAS MADE by Jim Johnson and SECONDED by Terry Taylor that the agenda be approved.  Motion carried.

2.  Review & approval of the minutes of the October 30, 2012, monthly DVLA Board meeting:  

      Jim Johnson MADE A MOTION that the minutes for the October 30, 2012, monthly DVLA Board meeting approved.  SECONDED by Terry Taylor, and the motion carried.

         

3.  New Business:

             None proposed.                                          

       4.  Old Business:     

             a.  Development of a policy for handling landowners’ complaints

                  Tabled until next meeting

             b.  Update on complaint by Jill Petersen regarding flooding problem  (to be addressed in the fire chief’s report)

             c.  Development of current collection processes to be incorporated into association policies

                  Tabled until next meeting

      d.  Ongoing discussion of a Special Service District for the fire department

           It was announced that the contact e-mail address for Sheri Mandell and Jay Workman regarding information about the Special Service District is ssddvla@gmail.com.  Landowners can also sign up at this address to receive e-mails from the committee updating any information as it is received.  A public hearing to discuss the Special Service District and receive landowner comments has been scheduled at the Fire House at 6 p.m. on Tuesday, January 8, 2013.  Mac Thomson suggested that efforts be made to contact those valley landowners who do not utilize computers and also those who live in the valley, but do not belong to the association.  Sheri Mandell indicated that to date, she has eighteen landowners on her e-mail list, and asked that anyone interested in receiving information provide their e-mail addresses to her or Jay at the above-listed e-mail address.  Since there will be no monthly DVLA meeting during December, President Bill King authorized that contact information for the SSD committee can be posted at the bulletin board at the mail boxes.    

                              

5.  Reports:

     a.  President’s message – Bill King

           Bill King expressed his appreciation for the good turn-outs of the landowners to some of the recent meetings by the association.  People associated with the Dammeron Valley Landowners Association are getting things done, catching up on arrears, finding some trouble spots that have been taken care of (i.e. the need for lighting around the fire house), and have uncovered some liability issues to the association.            

     b.  Fire Department Report –  Chief Maciej Szczerbiak

           As far as training, the Firefighter I class is finishing with testing this week.  Winter Fire School is being held on January 11 and 12, 2013.  All available Dammeron Valley firefighters will be attending SCBA and PPE, engine pump operations and maintenance, large animal extrication, and a number of half-day courses.  Six volunteers are presently attending the EMT B course at Dixie Ambulance.  The EMS grant will pay up to $650 per person for this class, so negotiations are being held with personnel at Dixie Ambulance to bring the cost inline with that amount.  EMR training will be held in January-February, 2013, and HIPAA training is scheduled for February, 2013.  The annual Fire Department Firefighters Christmas party is scheduled for December 14, 2012.   

          There were nine EMS emergencies during the previous month, two motor vehicle accidents, and one ATV accident on SR 18 which involved life flight and closing of SR 18.  While SR 18 was closed, traffic was routed through both the east and west sides of Dammeron Valley and seemed to flow well.  This same plan will probably be used in the future when closure of the highway is necessary.  There were no fire emergencies during the past month. 

          The last offer for the Brush 13-2 truck was $6,500.  The Fire Department should receive the down payment of $1,000 this week, and the collected funds will be used for repair/upgrade of the current vehicles. 

          When a burn permit is issued, the address and landowner’s name is recorded and the information is available to the 911 operators.  If someone reports the burn, the location can be cross-referenced with the information on file.  In case of emergencies, valley landowners are encouraged to call 911 to report the information.   However, for landowner information, the Fire Department telephone number is (435)574-2288 which will roll over to (435)632-0517 if the call is not answered at the Fire Department.  This phone will have integrated Spilman interface for all EMS and fire-related incidents, as well as group texting for all Dammeron Valley firefighter personnel.

          The Fire Department personnel are currently using Brush 13-1 as the EMS response vehicle.  The emergency lights on this vehicle need to be upgraded to current UDOT standards in order to continue deploying this vehicle as a EMS response vehicle.  This upgrade will include additional strobe lights installed in the front grill and the back of the vehicle and an integrated strobe/headlight combination.  Brush 13-4/Command is being renamed Squad 13-1 with the multiple use designation as an EMS/Command/Wild-land vehicle/Rope Rescue.  Squad 13-1 presently needs all six tires replaced.  The Fire Chief indicated to the Dammeron Valley board members that a new rescue vehicle is needed, and funding for this purpose would need to be examined.  President Bill King indicated that if the fire/emergency services are formed under a Special Service district, aid for this may be forthcoming from governmental departments. 

          The License Plate grant was awarded to the Dammeron Valley Fire Department in the amount of $4,355.00.  This grant is going to be used only on rope rescue equipment and additional wild-land PPE.

           The new EMS diagnostic equipment that is going to be purchased is:  an automated blood pressure monitor for $1,645; a new BLS pack with separate trauma, medical, vita signs compartments for $545; and a back-board scoop carrier for $445.  Our EMS equipment has needed upgrading in order for the fire department personnel to be able to provide BLS services.

           The inventory listing of all personal properties located at the Fire Deparment has been completed.  Whenever there is personnel turnover, there will be written documentation showing what is owned by the department.

          There were a number of inquiries during the last EMS call involving Life Flight.  As a FD and BLS provider, under Federal law, Dammeron Valley fire department personnel cannot provide patient information, except to other EMS agencies involved in direct patient care.  Therefore, it is important that DVFR personnel not be asked to provide details of any such incident.        

           Regarding the property on Coyote Way that has been cleared of all vegetation and causing flooding issues, the landowner has been approached about the problem three times by the Fire Chief.  There are no avenues available to the Fire Chief for enforcement on unrelated Fire/EMS problems, and it was suggested that the DVLA Board might want to send a formal letter of protest to the landowner.  If the problem with the property owner affects public safety or endangers public health, it will become a Dammeron Valley Firefighter issue/incident and will be dealt with immediately.  In all other cases, Dammeron Valley residents need to use the DVLA or any other legal approach to address or resolve the issues.            

     c.  Financial Report – Carol Clason         

           There is nothing much to report this month under financial information.  Just a few facts from the previous several weeks - seven dues payments have been paid or arrangements for payment out of the twelve liens that were filed in October.  Uncollected dues for 2012-13 went down several thousand dollars from $11,304.00 last month to $9,429.00 today.  Late fees collected to date for this fiscal year are $4,085.50.   For the five months covered so far this fiscal year, we have spent 33% of the budgeted monies instead of the 40% monthly prorate of the total budget.  So far, spending is well under control for the  association for this fiscal year.

    d.  Committee Updates:

           i. Finance – Terry Taylor

              Comparison between the on-line bank statements and the financial statements submitted in tonight’s financial report indicates that all bank account balances match the financial statements. 

           ii. Public Safety – Mac Thomson:

               Mac Thomson announced that the burn pile will continue to be open, and should be closed only when it ground is too wet.

           iii.Social/Insurance – Jim Johnson

               No report submitted.

           iv. Architectural Review  - Bill King

               The landowner who was in violation of the CC&R’s in his subdivision has cleaned up his property and brought it in compliance.  The only other approved project during the month was a lean-to for storage.                  

           v.  Public Properties – Julie Cropper

               A broken water line was reported to the water company personnel who repaired the break.  In this area there is a box with a flimsy board cover that is a concern. There is also a barbwire fence in the area that could be hazardous to children who might be playing there.  The board members are to meet and view the barbwire to make a decision as to what action needs to be taken on this issue.               

6.  Comment and discussion by landowners:

        The board is to finalize the purchase of lighting for the Dammeron rock as the current lights, which were loaned to the association, may have burned out.

   

7.  Adjournment:       

     A MOTION WAS MADE by Julie Cropper and SECONDED by Jim Johnson to adjourn the meeting.  The meeting adjourned at 8:25 p.m.

Carol Clason, Recording Secretary                                 

Draft Minutes of the October 30, 2012, Monthly DVLA Board Meeting

Draft Minutes of the Monthly DVLA Board Meeting of October 30, 2012

The monthly DVLA Board Meeting was held at the Fire House, bay area.  Thirty-three landowners were in attendance.   

Board Members attending:  Bill King, Terry Taylor, Jim Johnson, Julie Cropper, Mac Thomson

                                                                 

President Bill King called the special meeting of the Dammeron Valley Landowners’ Association to order at 6:00 p.m.  The following guest speakers were introduced by the President:  County Commissioner Alan Gardner, County Fire Warden Adam Heyder,  Diamond Valley Fire Chief Brent Theobald.  Some of the issues to be covered in their presentations are what an SSD does; what is available to an SSD; how an SSD insures itself; the benefits of an SSD; and specifically, the liability issues of an SSD.

1.  Approval of the agenda:

       A MOTION WAS MADE by Terry Taylor and SECONDED by Jim Johnson that the agenda be approved, with the change of the discussion of a Special Service District to be first on agenda, after the approvals of the minutes.  Motion carried.

2.  Review & approval of the minutes of the September 25, 2012, monthly DVLA Board meeting and the October 9, 2012, special DVLA Board meeting: 

      Jim Johnson MADE A MOTION that the minutes for the September 25, 2012, monthly DVLA Board meeting and the October 9, 2012, special DVLA Board meeting be approved.  SECONDED by Terry Taylor, and the motion carried.

4. d.  Ongoing discussion of a Special Service District for the fire department:

          Brent Theobald, Fire Chief of Diamond Valley, indicated that the organization of the Southwest SSD, which includes both the Diamond Valley and Winchester Hills fire departments, was fueled by their need to finance their departments at the time they were being established.   Insurance was also always an issue from the beginning because of the liability concerns.  Since becoming an SSD, all vehicles, fire house, properties of the Southwest SSD are insured through the Utah Local Government Trust at extremely competitive rates.  The tax monies collected by the county supply the base of the fire department budget which is supplemented by any grants that can be secured from governmental entities.  He believes, that being established as a SSD, it is easier to secure grants for the fire department, than when it was a privately-owned entity.  Two and a half vehicles for their department have been secured in the past years through grant monies.  Although their fire house was not funded by grants, a low interest loan was secured through the Community Impact Board.  The County Commissioner is very supportive of the fire departments and the fire districts.  He does what he can for the organizations, with little interference, and wants them to be successful.  Mr. Theobald estimated that the taxes for the SSD in Diamond Valley ranges from $75 to $150 per property, based on property value.  (.0008 is the maximum tax rate that can be charged.)   The budget for their fire departments has been in the $80,000 to $100,000 range for the whole district.  The Southwest SSD was established approximately 16 years ago. 

           Per Commissioner Gardner, if the Dammeron Valley landowners organize the fire department under an SSD, the equity of the property that is turned over to the SSD still belongs to the community, i.e., the fire house, and is governed by the elected/appointed Board of Directors of the SSD.  The County Commissioner’s board can elect the Board of Directors, but would prefer that the members be elected by the community.  The Board of Directors would be responsible for the operation of the SSD, which would include annual training, certification, and financial audit requirements. 

           Per Bill King, the HOA attorney indicated that if a judgment went against the Association and it exceeds the amount of liability insurance available, that the excess would be collected from the landowners themselves.  Eric Clark indicated that if a SSD is in place, the liability would first be addressed by the SSD, and if it defaults on the payment, taxes would be raised, but only to the maximum tax rate allowed.  Individual properties would not be liened under these circumstances.  There are governmental immunities that are available under a SSD, that are not available under a landowners’ association.  This is one reason the insurance is cheaper under a SSD. 

           In response to a landowner question, Brent Theobald indicated that the budget varies each year in response to the financial needs of the SSD for that year.  Every year a budget is submitted by the fire chief to the SSD Board for approval.  The taxing entity receives the same amount each year, unless a “truth-in-tax” process is completed; therefore, it is important that a sufficient budget be established in the beginning.  Commissioner Gardner indicated that during the first year, there would probably still need to be an assessment per landowner, since it takes a majority vote  by the members under the SSD in order to be placed on the tax roles for assessment and collection by the county.  Monies from the county come in November of the fiscal year.  Per Adam Heyder, under the SSD, the county aids in fire fighter certification and provides Wildland Fire Fighter training for fire fighter volunteers.  Also, fire fighters are not reimbursed when responding within their own district, but there are avenues in place through which they can be reimbursed while fire fighting on other county, state, or federal lands.  Presently, a memorandum of understanding cannot legally be completed between the Dammeron Valley fire department and government entities because the department is a private entity.  Also if Dammeron Valley volunteers respond to a fire beyond their borders, they would have to leave the area once another fire department reached the scene, if they were not invited to proceed by other entities.  Being organized as a SSD forces a fire department to meet governmental requirements and certifications, thus relieving that department of much of the liabilities present when not meeting those standards. 

          The SSD tax assessment is included with the property tax statement that is due in November.  If not paid, a lien is placed against the landowner property by the county, and the property is foreclosed upon at the end of five years.                         

          Per Commissioner Gardner, the monies available from the Community Impact Board originate from royalties that are paid from federal oil and gas wells that are drilled on public land.  These monies are split between the county, state, and federal agencies.  The process of establishing an SSD can begin by the signing of ten percent of the registered voters or the owners of ten percent of the taxable property values of Dammeron Valley to a petition requesting consideration, or a resolution by the County Commissioner. Due to a majority approval by the landowners present, Commission Gardner will place a resolution for consideration of the establishment of an SSD for the Dammeron Valley fire department on the agenda of the next county commission meeting.  This meeting is to be held at 4:00 p.m. on Tuesday, November 13, 2012, at the County Administration Building, at 197 East Tabernacle Street, St. George.  It was suggested that the purpose of the SSD be “to provide emergency services”, rather than just “fire protection service”.

          Sheri Mandell and Jay Workman volunteered to act as ”point persons” to handle ongoing issues concerning the examination of the process of establishing an SSD for the Dammeron Valley fire department.

          Thanks were given to Commissioner Gardner, County Fire Warden Adam Heyder, and Fire Chief Brent Theobald for taking time to attend the meeting and present information to the Dammeron Valley landowners.

3.  New Business:

             a.  Confirmation of permanent appointment of Fire Chief Maciej Szczerbiak

                  Jim Johnson MADE A MOTION that Maciej Szczerbiak be appointed as permanent fire chief; SECONDED by Julie Cropper; and the motion carried.

             b.  Waiver of full easement for privacy fence – Rodney Hoppal

                   Mac Thomson MADE A MOTION that Rodney Hoppal be granted a one-time special variance, to be renewed yearly until the need no longer exists, that the privacy fence located on his property line be allowed to remain, as constructed.  (The fence was installed due to issues between Mr. Hoppal’s dogs and the neighboring children.)  The fence, which is a privacy fence, is in violation of the Architectural Guidelines and is to remain only as long as the situation with the neighbor exists.  There have been no complaints regarding the fence, either from the neighbor or other landowners.  The motion was SECONDED by Jim Johnson, and the motion carried.

             c.  Cleanup at 1035 Homestead Drive East

                  This foreclosed vacant property has become a fire hazard with weeds three to four feet high.  The county building inspector has reviewed the property and sent a letter to the absentee owners demanding that the property be cleaned up per the CC&R’s.  Upon receipt of the letter, the landowner signed the property over to the bank.  According to the building inspector, an additional letter will probably have to be sent to the bank in the future, delaying the process of placing responsibility for action on the part of the current owner.  In the meantime, the HOA attorney is being contacted for an opinion regarding the association’s legal ability to have the property brought into compliance and a lien placed against it by the association for the expenses it incurs.

                 Also, a letter is being sent by the county building inspector to the absentee owner of  1074 North Carter’s Pond Road, regarding the three-to-four-foot weeds on this property.  Bill King suggested that the community consider implementing a “mowing ordinance” to be enforced for all properties in Dammeron Valley.

             d.  Fire house safety issues

                Two outside lights have recently been installed in the rear of the firehouse for safety purposes.  An Eagle Scout project, just completed, brought concrete up to the four foot wall; however, since this is no longer considered landscaping, the area is now not up to building code, and a barrier must be installed at the wall.  The two basketball hoops are being relocated to place them away from rocks, and McArthur Welding is submitting a bid for a guard rail around the back corner.  It was suggested that the building inspector and an insurance inspector look at the property to determine if it is up to code in all respects.                                                        

       4.  Old Business:      

             a.  Development of a policy for handling landowners’ complaints

                  Tabled until next meeting.

             b.  Update on complaint by Jill Petersen regarding flooding problem

                  Maciej Szczerbiak contacted the property owner who is in violation of CC&R’s and county law for removing all vegetation from his land and suggested that he replant the area.  The owner did not indicate his intention to correct the problem, and he is to be contacted one more time prior to additional action to be taken.  

             c.  Development of current collection processes to be incorporated into association policies

                  Tabled until next meeting.        

                              

5.  Reports:

     a.  President’s message – Bill King

          The liability issues facing the Dammeron Valley Landowners’ Association have been a great concern recently, especially after  talking to the attorney and learning the extent of the liabilities that could affect each landowner.  Jim Johnson checked with the insurance companies and learned the association has reached the limits allowed for coverage, so additional protection is not available.  As a result, the Board has been trying to get this information to the landowners so that they are aware of the situation.                          

     b.  Fire Department Report –  Chief Maciej Szczerbiak

           Don Wallace, Leslie Koepke, and Alan Strebeck have been added to the Dammeron Valley EMS crew.  They are currently attending EMT class, are not yet certified, are only to perform aid to certified EMS personnel, and are not allowed to provide patient care.

            Burning of debris is by fire permit only, issued by the Dammeron Valley fire chief.  When a landowner receives a burn permit, the information is listed with 911 in case the burn is later reported as a fire.

           A Washington County EMS/Fire/Responder Boundary meeting took place on October 24, 2012, for the purpose of defining the EMS/Fire/FR boundaries in Washington County.  The Dammeron Valley fire department can only fight structure fires within Dammeron Valley.  Our fire response boundaries cover SR 18, MP 15 to MP 18.5.  EMS/extrication boundaries are SR 18 MP 10.5 to MP 24.5 – Snow Canyon State Park SR 18 to Ranger Station.  Gunlock Road to first bridge by Old Highway 91.  General Steam Road to Continental Divide.  Wide Canyon road to Power Line Road – Dammeron Bench.

            The state-owned Chevrolet Suburban was picked up by Washington County.

            The Washington County Fire Academy Fire Fighter 1 class testing is being held on November 2 and 3.  The Winter Fire School begins in January.  One of the goals for the department is to have all Dammeron Valley fire fighters certified in the vehicle extrication class.  Six Dammeron Valley fire fighter volunteers are currently attending the EMT B Course at Dixie Ambulance.  The Emergency Medical Responder training for fire fighters begins in November. 

             Since September 25, there have been nine EMS emergencies, two motor vehicle accidents on SR 18 and one on Gunlock Road, two involving wildlife (deer).  There was one illegal burn in Dammeron Valley on October 29, for which the owner was given a warning.

             Chief Szczerbiak gave out his telephone number as (435) 574-2288.  He is to send out separate e-mails to valley residents reminding them to check their CO detectors since it is the start of the season to begin using wood-burning stoves.

              Two offers have been received for Brush 13-2 – one for $6,000 and another for $6,500.  After consulting the Board concerning its sale, the Chief should have it sold shortly.  NFPA-approved EMS vests have been purchased for all EMS personnel.  These vests have super high visibility which allows better on-scene accountability and management.

              During November, Engine 13 goes to the Diamond Valley fire department for its annual pump testing. 

              Five 800mg Hz radios have been purchased and five more are to be purchased next week.  New cost of the radios is $2,420 apiece; our ten were bought for $80 apiece.  Cost of operating the radios are $11 per month for each radio, but they will only be activated on the basis of need.    

           

     c.  Financial Report – Carol Clason

          The landscaper for the association indicated that he has finished for the season and turned off the water for the winter.  He is putting together a cover for a valve box that has been uncovered for several years and is a safety hazard on the edge of the fire house property.

         A Dell laptop was purchased for the association at a cost of $414.26, and is presently on its way.

        Fifteen liens were filed during the month of October, which means the association now has fifteen more landowners added to the list of delinquent landowners.  Five liens were released during the month, and Line 11 on the budget versus year-to-date expenses sheet shows that $3,650.50 in late fees have been collected this fiscal year.  Both of these facts are indications that the association has been collecting past-due accounts, a number of them which are several years old.   There have been no out-of-the-ordinary expenditures during the past month and nothing unusual to point out in the financial statements. 

.

    d.  Committee Updates:

           i. Finance – Terry Taylor

              Comparison between the on-line bank statements and the financial statements submitted in tonight’s financial report indicates that all bank account balances match.  The only discrepancy was in the U.S. Bank fire department operating bank account where one outstanding check for $69.00 had not yet cleared the bank.   The Wells Fargo bank account had three outstanding checks totaling approximately $285.00.  When totaling these checks and adding them to the appropriate accounts, the Association account balances match the bank statement balances.      

           ii. Public Safety – Mac Thomson:

               The telephone number of the county road engineer has been secured for the purpose of contacting him concerning the road repairs needed and water issues in the valley.  The burn pile has been burned during the past month and looks good.             

           iii.Social/Insurance – Jim Johnson

               No report submitted.

           iv. Architectural Review  - Gary Jensen

               One privacy fence was declined, but was addressed earlier in the meeting.              

           v.  Public Properties – Julie Cropper

                No report submitted due to time restraints.

6.  Comment and discussion by landowners:

        Sheri Mandel asked that her comments listed in the September 25, 2012, be corrected to “protective covenants”, not “restrictive covenants”.  One landowner suggested that an occupancy rating be made by the fire marshal on the fire house since this has not been completed previously.

  

7.  Adjournment:       

     A MOTION WAS MADE by Julie Cropper to adjourn the meeting.  It was SECONDED by Terry Taylor, and the meeting adjourned at 8:30 p.m.

Carol Clason, Recording Secretary                                                          

Draft Minutes of the October 9, 2012, special DVLA meeting

Draft Minutes of the Special DVLA Board Meeting of October 9, 2012

The Special DVLA Board Meeting was held at the Fire House, bay area.  Twenty-eight landowners were in attendance.   

Board Members attending:  Bill King, Terry Taylor, Jim Johnson

                              Absent:  Julie Cropper, Mac Thomson

                                        

President Bill King called the special meeting of the Dammeron Valley Landowners’ Association to order at 6:00 p.m.

1.  Approval of the agenda:

          Meeting proceeded per listed agenda.

2.  Old Business:

          Ongoing discussion of a Special Service District for the Fire Department:                 

     Eric Clarke, County Attorney, defined the purpose of a special service district as a governmental entity, having taxing authority, and providing those services that are specifically defined when the district is established. The question of an SSD for the Dammeron Valley Fire Department was recently brought up by the State Fire Marshall’s Department due to difficulties encountered when they tried to work with the Dammeron Valley Fire Department as a private entity. 

      Per Bill King, the Dammeron Valley Fire Department was unable to register the state-owned Chevrolet Suburban that had been loaned to the department because the fire department was not a government entity, but a privately-owned fire department.  A meeting was held between Bill and several county and state personnel to discuss the particulars involved in establishing an SSD.  He was assured that Dammeron Valley could form its own SSD without joining any other community.  Regarding liability, because the department is not an SSD, it is exposed to complete liability risk at any time it provides services outside the Dammeron Valley boundaries (as well as inside the Valley), without aid from any other governmental agencies.  Eric Clarke is present at this meeting to discuss what an SSD is, how it is formed, what benefits there are to an SSD, and what detriments there are.

     Eric Clarke explained that the establishment of an SSD can be initiated in two ways:  1) Ten percent of the citizens living within the boundaries of the proposed SSD can petition for an establishment of the SSD or 2) the County Commission can pass a resolution that the establishment of an SSD be explored.  Next, a public notice is published that advertises set boundaries, indicates services to be offered, notifies that it would be a taxing entity that would raise taxes and fees to pay expenses, provides days of public hearings, and solicits written comments from landowners.  Public hearings are held to answer landowners’ questions/concerns and to listen to comments for and against the issue.  After this process, the commission determines whether the SSD will be established based on the percentage of landowners who voiced protests against and comments in favor of the SSD in their community.  At the time of creation of the SSD, an initial Board is appointed by the Commission.  Future boards can be appointed, elected, or made up of both appointed and elected members.  All Board members must be registered voters within the SSD district, per Code Section 4, title 17D-1-304.  Anytime a Board wants to raise taxes, they would have to go through the “truth in taxes process”, which is a difficult process to complete.

    Per Bill King, he understood at the meeting with Commissioner Gardner that at the time the SSD is established, the community determines whether the monies raised will be based on a flat fee per property or a valuation ratio.  Every property owner will pay the taxes, including those who are presently excluded from the Dammeron Valley Landowners’ Association fees.  The County would collect the monies budgeted for the Fire Department under the SSD, and dues would also be collected by the landowners’ association, but would be considerably less than those presently collected. 

    Regarding liability, Eric Clarke indicated that anytime someone is sued due to an incident involving the fire department or the emergency medical teams, “everyone is going to be sued”.  There are broad governmental immunities that apply in emergency response situations, which would assist under an SSD.  In addition, the County’s insurance pool would cover their liability, and the SSD/DVLA’s insurance would cover theirs.  Per one landowner’s comment, under an SSD, the landowners’ association should be much less exposed to liability and its cost of protection would be lowered.  Eric Clarke indicated that the two big pros to an SSD would be lower liability risks and the opportunity to receive grant monies for operation of the fire department.  The cons would be dealing with the governmental bureaucracy, i.e., state fire regulations.  Eric clarified that he is not the attorney for the fire SSD’s, but does help with legal questions from them at various times. 

     In answer to a landowner’s question, Eric Clarke indicated that the boundaries of the SSD are established by the Commission prior to the public notice hearing that is sent out to all landowners.  

      Per Bill King, if a landowner is within the approved boundaries of the SSD, he/she would not have the option to opt out of the district.  He also indicated that he had been informed it is no longer possible for a private fire department to negotiate a memorandum of understanding with government agencies, thus preventing the Dammeron Valley Fire Department from entering federal, state, and county land without incurring total liability in case of damage/injury to others.

     Erick Clarke gave his telephone number as (435) 634-5723 and encouraged anyone with questions to call him.

     Jay Workman, Assistant Fire Chief, indicated that he believes an SSD will benefit, not only the members of the Fire Department, but the whole community.  In discussions with the fire chiefs from Diamond Valley and Winchester Hills, they mentioned no major problems within their SSD’s.  If a flat fee per property is adopted, the County would be responsible for collecting taxes to cover the fire department expenses, and the remaining monies collected by the Association would be much lower per landowner than presently assessed.  Regarding the fire trucks, if they are placed within the SSD, the County would be able to request use of the vehicles, but the decision regarding where they would go would depend upon the District.  Use by other organizations/entities would result in reimbursement of expenses to the SSD.  Also many more opportunities to secure grant monies are available to a special service district than are now open to the Dammeron Valley Fire Department.  Presently, they were only two grants available to the department – an educational grant to educate five EMT’s and the “license plate grant” to aid in licensing the fire department vehicles. References for special service districts:  Title 17B of Special Service Districts, State Statute, Utah Association of Service Districts, www.uasd.org. 

      One landowner suggested that written questions be solicited from landowners so that information can be compiled ahead of time to answer concerns - also that others be invited from surrounding areas to discuss their experiences in dealing with their SSD’s.

      Per Bill King, a list of pro’s and con’s for establishing an SSD, with the source of the information, can be compiled to further help landowners make a decision.  Fire chiefs and SSD board members from the surrounding areas will be invited to speak at our regular monthly meetings in an effort to provide further information.  The next Diamond Valley/Winchester Hills board meeting will be held on November 1, 2012, 7 p.m. at the Diamond Valley Fire House if any member is interested in attending.         

        

3.  New Business:

          Board approval of the establishment of a Dammeron Valley Fire and Rescue website

                 Jim Johnson MADE A MOTION that the Board approve monies for the establishment of a Dammeron Valley Fire and Rescue website to be managed by Chief Szczerbiak.  Terry Taylor SECONDED the motion, and the motion carried.   

               

4.  Comment and Discussion by Landowners:  No additional comments given at this time.

     

5.  Adjournment:       

     A MOTION WAS MADE by Jim Johnson to adjourn the meeting.  It was SECONDED by Terry Taylor, and the meeting adjourned at 8:00 p.m.

Carol Clason

Recording Secretary

The following e-mail was sent to the Dammeron Valley Landowners’ Association by Eric Clarke in answer to several questions asked during the October 9, 2011, special Dammeron Valley Landowners’ board meeting.

“It was a pleasure to attend your HOA meeting last night. I was really impressed by the community involvement and the tone of the discussion. It is clear that those in attendance are simply seeking to have sufficient information to make an informed decision. I wish you and the community at large the best of luck in gathering information and reaching a decision. I wrote down four questions and have one other thought that I was kicking myself over as I drove home.

First off, I was asked last night what the county’s interest is in having a Dammeron fire SSD. In answering the question I left one thing out—and it was a major omission. The county’s primary concern is public safety. We live in a high risk area when it comes to wildland fires, and it has proven beneficial in the past for fire departments to assist one another. I believe the county is concerned about your current insurance situation impeding your fire department from cooperating in firefighting efforts in Washington County.

The first question is over the number of protests required to prevent the formation of an SSD. After reviewing the code section again, I found the answer in Section 17D-1-102. If protest letters are received from over 1/3 registered voters or the signatures represent owners of 1/3 of the taxable value of the property the SSD would serve, then the SSD cannot be created.

The second question was whether other fire SSDs in the county are funded through taxes or fees. I spoke with Kim Hafen, the County Clerk-Auditor. To his knowledge, most of the fire SSDs collect property tax. However, the Northwest Fire SSD and Dixie Deer SSD collect fees.

The third question is if a Dammeron fire SSD were created, who would own the building and the land. I want to be clear that neither the county nor the SSD could demand that any property rights be given up by your HOA. As you gather information I invite you look into the advantages of keeping ownership of your equipment, building, and property with the HOA versus transferring some or all of these things to your SSD. You may want to consult with your insurance broker and your attorney. But no property will be transferred unless the HOA chooses to do so.

Finally, I was asked about the difference between an improvement district and an SSD (special service district). My understanding is an improvement district is created for a specific project, such as installing public utilities. An SSD is meant to provide long term services such as solid waste disposal, mosquito abatement, and fire protection.

Please let me know if there is anything else I can do to assist you. I know that Commissioner Gardner is interested in attending a future meeting and answering questions. I think it would be useful for you to take him up on the offer if you plan to hold future meetings on this issue. He would have come last night, but had a prior commitment at the Senior Games.

Thanks,

Eric Clarke

Deputy Washington County Attorney

W 435 986-2605

C 435 632-5549

F 435 634-5720”