Wednesday, February 22, 2012

Final Minutes of the DVLA Board Meeting of January 31, 2012



Final Minutes of the DVLA Board Meeting of January 31, 2012

The monthly DVLA Board Meeting was held at the Fire House.  Twenty-five landowners were in attendance. 
Board Members attending:  Bill King, Mac Thomson, Terry Taylor, Jim Johnson, Julie Cropper
                                        
President Bill King called the meeting to order at 6:00 p.m.

       Per Bill King, under Old Business, Item a, a presentation by the County Attorney, Eric Clarke, and associate, Kim Hafen, explaining the process and answering questions regarding a feasibility study for Dammeron Valley will be covered first on the agenda.

4.  Old Business
     a.  Update of a proposed feasibility study for Dammeron Valley.  Presentation by the County Attorney, Eric Clarke, and associate, Kim Hafen, explaining the process and answering questions. 
     A short overview of the steps necessary in the process of ordering a feasibility study from the County for Dammeron Valley and consideration of incorporation of the area was presented:  1)  First, a request for a feasibility study must be sent to the County by members of the community consisting collectively of those who own at least ten percent of the land and seven percent of the appraised value of the land.  2)  The County verifies the request, and, if the request meets the correct criteria, notices are sent to anyone who owns one percent or more of the land within the proposed area and is on a border of the area involved, informing them that they can elect to be exempt from incorporation. 3)  An outside person is hired to perform a feasibility study which projects the revenues and costs of incorporation for a period of five years.  That person is hired by three people – a member of the County Planning committee, a representative of the Governor’s office, and one of the sponsors of the petition.  4.  If a decision is made to continue after the study, signatures from owners of one-third of the land covering at least one-third of the appraised value of the proposed area must be gathered on a petition to incorporate.  5.  If sufficient signatures are gathered on the petition to incorporate, the issue goes to a vote on a regular election day.  A majority of those who vote (51%) would pass the incorporation.
     During the process, there are required public meetings and notifications (two after the feasibility study) giving owners an opportunity to ask questions of the person who did the study and to voice their questions and concerns. 
     During the following question and answer period, the following information was provided by Attorney Clarke and Kim Hafen:  The County pays for all costs in the process up to the election (which is the responsibility of the “city”).  The County has no say in incorporation and takes no position in favor or not, regarding the issue. As to the benefits of incorporation, if landowners are unhappy with the way the County handles the roads and police protection in the area, incorporation would allow owners more control over those areas.  On the flip side, they would pay more for that control as they would be totally responsible, including financially.  A budget would be established covering what landowners want to fund, and truth in taxation hearings would be required at that time.  The Dammeron Valley Landowners Association is set up with covenants that attach to the land.  Incorporation does not affect the home owners’ associations.  Kim Hafen’s research on municipal taxation on a $250,000 home indicated that an estimated $250-$350 in city taxes would be added upon current taxes, if an area is incorporated.  The smaller the population in the area incorporated, the higher the increase.  Through zoning laws, the State would still have some say over commercial development in the incorporated area.  The entire process towards incorporation would take one to two years to complete:  The County has 45 days to respond to the feasibility request; 60 days for hiring the consultant; 90 days for the feasibility study to be completed; and up to 18 months after the study is completed for the petition to incorporate to be submitted.
     Attorney Clarke encouraged anyone having questions for him concerning the previous discussion to use his e-mail address of ericclarke@wcattorney.com or telephone number of (435) 634-5723.
     Per Bill King, it is not a function of the Board to circulate a petition requesting the feasibility study for Dammmeron Valley since the members of the Board represents both landowners who favor incorporation and those who do not.  The request for the feasibility study will be listed on the bottom of the next water bill; those who are in favor of the study can return the form with their water bill.

1.  Approval of agenda
     MOTION MADE by Jim Johnson that the agenda be approved including the change of the explanation of the feasibility study process to be scheduled first.  SECONDED by Julie Cropper, and the motion carred. 

2.  Review and approval of the minutes of the November 29, 2011, monthly DVLA Board meeting:
     MOTION was made by Julie Cropper to approve the November, 29, 2011, monthly DVLA Board meeting minutes.  SECONDED by Jim Johnson, and the motion carried. 

3.  Recycling plan update and check presentation by Jennifer Winward, Recycling Coordinator for Washington County
     Washington County manages 51 collection sites, including the one in Dammeron Valley.  Regarding cardboard recycling, cardboard can be placed in the bin in Dammeron Valley if the box is cut up to fit flat in the bin.  Large boxes which expand within the bin take up valuable space which can be better used for other papers.  Dammeron Valley last year collected a total of 52,990 pounds of material – 31, 027 in fiber; 7.096 in plastic; 2,261 in metal; 12,606 in glass.  For 2011, Dammeron Valley is receiving $1,611.48, and tonight a check for $1,510.77 is being presented to Dammeron Valley, with the remainder to follow within the next few weeks.  Please note that signs are posted on the bins indicating what materials can be recycled in each of the bins.  Please do not place Styrofoam in any of the bins because the County does not have access to any processor that can handle that material.

4.  Old Business:                
    b.  Update on attorney consultation and resolution of attorney billing – Bill King
          In addition to the opinion and legal work on the rehabilitation center, Attorney McKay has researched deeper into the CC&R’s and by-laws and given the Association a lot of information regarding their interpretation.  He did, in error, exceed the dollar amount agreed to when hired, which was $3,500.  He acknowledged his error and has not requested the additional monies of $3,219 that was invoiced. MOTION MADE by Jim Johnson to pay an additional $1500 to meet the attorney half-way on the cost.  MOTION SECONDED by Mac Thomson, and the motion carried.
Chief Talbot was called on to give his report at this time so that he could be excused.

6.  Reports:
     b.  Fire Department Report – Chief Kyle Talbot
          There were no fire calls during the previous month and only one call in the early morning involving a smoke alarm that went off.  A medical team hiked in one mile to handle a compound fracture of a lower leg.  There are three new members on the fire department plus two cadets.  Brush II is presently being housed in Diamond Valley where there is a vacant bay.  A $1,500 generator has to be replaced on one of the vehicles.  Two Eagle projects are underway in the fire house.  One project involves compiling an inventory list of all items costing $100 or more, and any item over $500 is being marked with a sticker indicating owner information.  The second project consists of laying concrete, a 6 foot by 20 foot slab, (cost of concrete to be paid by the fire department) over the area between the storage trailer and the existing concrete that has sunk.  Some landscaping will be also be added.  The 30-hour winter fire school given by the state has been attended.  The medical team has been recommended by the State of Utah to receive a water rescue award, partially for the rescue last summer of three victims.  Fire department personnel have completed the two basic classes for the beginning of the year – the radio communications class and a class on the personal protective equipment.  Chief Talbot requested the landowners’ help in finding junk vehicles that can be used in extrication training.  Next year the 1989 Chevrolet Suburban medical vehicle needs to be updated.  It is missing some of the safety features that are needed and should be exchanged for a newer model.  For training reasons, internet is being brought into the fire department building, and Bill King offered to aid in installing the system.  Regarding the current radio paging system, it is no longer being maintained by the County  and barely sets off the seventeen pagers in the Department.  The new multi-million system is within two months of being in place.  Dammeron Valley’s share of the cost is $30,000 for the thirty radios.  With the grant we have received, our share will ultimately cost $3,000.

4.  Old Business:
    c.  Update on the test solar light to illuminate the Dammeron rock on Highway 18 – Terry Taylor
         Solar lights furnished by Bill King have been illuminating the Dammeron rock for approximately the past twelve weeks.  There is no illumination on the back of the rock or into the sky, and they are only on for four hours a night.  No negative responses have been received from landowners regarding the lights.  The one landowner who did not want the lights on the rock as she can see them from her windows decided she likes them.  Terry Taylor MADE A MOTION that the lights be permanently installed.  Jim Johnson SECONDED the motion, and the motion carried. 

5.  New Business:
     a.  Consideration of reroofing of the Community Center, Mac Thomson
          A bid has been received for reroofing the Community Center of $2,719 for shingles and $4,240  for metal.  Persons who have expressed their opinion on the reroofing asked for the metal roof and that the cupola be left as it sets the building apart.  Mac Thomas MADE A MOTION that the Community Center be reroofed with a metal roof with the cupola to remain in position.  Jim Johnson SECONDED the motion, and the motion carried.
     A metal sign has been provided by the State for the burn pile which asks that burnable debris only be deposited on the pile.  Mac Thomson was given permission to purchase two 6x6’s to make poles on which to mount the sign.

6.  Reports:
      a.  President’s Message –  Bill King
          The turnout by the landowners this evening was much appreciated.  Good information was brought out, the input is always welcomed, and we had a good meeting.
     c.  Financial/Secretarial Report – Carol Clason
          Regarding the proposed budget for 2012-2012 that was passed out, the bottom line indicates dues of $341.00 per landowner.  This is not an indication that dues should be raised from $300.00.  Everyone is interested in not raising the annual dues for landowners.  Members are being asked to take a serious look at the budgeted figures and come prepared during meetings to make informed decision on what is really needed financially to operate the Association. 
     1)  The $4,425.00 maintenance and repairs on line 1.1 covers replacing the metal roof on the community center. 
     2)  I do not know if $8,000 on line 2.1 will be needed for 2012-13, and would be better addressed by Chief Talbot.
     3)  Line 3.11 is always under budgeted by at least $5,000, so let's raise it to the appropriate amount.  Maintenance and repairs of the fire trucks are always going to be a large ongoing expense.
     4)  The budgeted amount of $1,500 on line 6.5 addresses a need for a laptop and necessary software that will be dedicated to the Dammeron Valley Association only.  It will be handed over to whomever handles the records, and the records will be kept on the computer for availability, whenever they are needed.  I have been using my own personal computer; it is eight years old, and is beginning to have issues due to its age, so this is an area that has to be covered in 2012-2013. 
     5)  Line 6.7 deals with legal fees.  The $8,000 budgeted there has to do with some of the Board members’ belief that monies need to be set aside for attorneys fees so that they are available, if needed.
     Under secretarial items, there were fourteen 1099 Miscellaneous forms mailed out last week to take care of our tax reporting requirements at this time.
     The new web site is up for the Dammeron Valley Landowners' Association.  You can reach the information right now by going to http://mydvla.blogspot.com or to http://my dvla.org.  Johnna transferred all the previous information over to the new site, plus all the minutes and announcements are up to date at this time.
     A comment was made during our last DVLA meeting that since the web site was down, why didn't we mail out the minutes, as it only took a few stamps.  Much expense and work is required for any mailing to the landowners.  First, a trip should be made to the County, if it has not been done for a while, to get an updated list of landowners.  While we have not been paying much for this list, the last time we received one, the personnel was questioning the charge since it takes their computer personnel about 3-4 hours to compile the list.
Then the following costs in the mailing would be:
     1)  410 stamps = $185.00
     2)  4 boxes of envelops = Approx. $80.00
     3)  1,640 printed pages - Paper (3 reams) = Approx $80.00
     4)  One ink cartridge that prints 2300 pages = $80.00
                                                Total cost:  $425.00
Work involved:  2 trips to the County Recorder's office; 1 trip to a post office; and approx. 16-20 hours to print the minutes, fold, stuff, stamp, and seal the envelops.  A mailing should be seriously considered before being undertaken.
     Regarding the financial statements, there have been no unusual or large expenses during the previous two months.  Three landowners have full paid their dues - the check from one is still being processed, one landowner paid off 2011-12, and another property that was sold paid off two years' dues, late fees and lien fee.  
     One item that is usually decided tonight is on what Saturday we hold the annual meeting.  It is usually the third week of May, which would be the 19th.  The schedule we have been on previously regarding the annual meeting is that the financial information be given the Board in January, (I have given the draft proposed budget to the Board this evening.)  Chief Talbot is to furnish his budget prior to the February meeting, and the budget is completed during that meeting.  The announcements can then be compiled to be sent to the members about the first of April.
     During the financial report, the following meetings were announced:  An open meeting on the budget will be held on Thursday evening, February 16, at 7:00 p.m. at the fire house.  Also, the date of the annual meeting was set at Saturday, May 19, 2012.   
     d.  Committee Updates:
           i.  Finance – Terry Taylor
               Comparison between the on-line bank statements and the financial statements submitted in tonight’s financial report indicate that all bank account balances match.  The only discrepancy is in the Dammeron Valley operating bank account where there were several written checks that had not been cashed by the bank.  When totaling these checks and adding them to the DVLA operating account, the account balance matched the bank statement.
     MOTION WAS MADE by Mac Thomson to approve the financial report.  The motion was SECONDED by Terry Taylor, and the motion carried.
           ii.  Public Safety – Mac Thomson: 
                 The County needs to be contacted about repairing the large cracks on Canyon Trails Road.  Also, another truckload of road base is needed for the area around the mail boxes.  Mac Thomson MADE A MOTION that $500 be set aside for road base; Julie Cropper SECONDED the motion, and the motion carried.                                  
           iii.Social – Jim Johnson
                Anyone interested in volunteering for  an Easter Egg Hunt committee, please contact Jim Johnson at (435)574-6476 or Terry Taylor at (435)574-2302
           iv. Architectural Review – Gary Jensen:
                A duck coup was approved during the past month.
           v.  Public Properties – Julie Cropper:  (None Reported)
     
7.  Comment and Discussion by Landowners:
          None given.

8.  Adjournment:      
          Julie Cropper MADE A MOTION to adjourn the meeting which was SECONDED by Jim Johnson.  The meeting was adjourned at 8:55 p.m.

    
Carol Clason