Draft Minutes of the May 29, 2012, Monthly DVLA Board Meeting

Draft Minutes of the DVLA Board Meeting of May 29, 2012

The monthly DVLA Board Meeting was held at the Fire House.  Five landowners were in attendance. 

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

                              Absent:  Julie Cropper

                                        

President Bill King called the monthly DVLA meeting to order at 7:08 p.m.

     Bill King called for the election of officers as the first item of business.  Jim Johnson nominated Bill King as President, and Mac Thomson seconded the nomination.  The ayes carried the nomination.  Mac Thomson was nominated by Jim Johnson as Vice President; seconded by Terry Taylor, and the nomination was approved.  Bill King nominated Terry Taylor as Treasurer; seconded by Mac Thomson, and the ayes carried the nomination. 

1.  Approval of the agenda:

     The election of officers was changed to the first item of business for the evening.   After this change was noted, a MOTION WAS MADE by Jim Johnson and SECONDED by Terry Taylor that the agenda be approved.  Motion carried.

  

2.  Review and approval of the minutes of the April 24, 2012, monthly DVLA Board meeting and approval to publish the draft May 19, 2012, annual meeting minutes:

     MOTION WAS MADE by Mac Thomson to approve the minutes of the April 24, 2012, monthly DVLA Board meeting and to approve the publishing of the draft May 19, 2012, annual meeting minutes  SECONDED by Terry Taylor, and the motion carried.

            

3.  Old Business:

     a.  Update of the licensing of the 1992 Beck truck

          Additional paperwork is needed from the previous owner of the truck before the Association can proceed with the licensing.  Bill King intends to have this documentation prior to the next monthly board meeting.       

     b.  Legal enforcement against landowners who have delinquent dues

          Documentation from the files of the landowners who owe dues for more than two years is being forwarded to the HOA attorney for consultation and an estimate of collection costs.  If further legal action needs to be taken against those landowners, they will pay court costs, attorney’s fees, and any other legal expenses that arise during that process. No suits will be brought against those properties in foreclosure.

          Another issue being forwarded to the attorney has to do with CC&R violations by one landowner regarding the condition of his back lot.  Bill King and Gary Jensen have attempted four or five times to contact this landowner without success.  Jim Johnson volunteered to attempt to talk with him about the violations. 

         

        

4.  New Business:

    a.  Community Directory

     Carol Clason made a few comments about the landowners' list so that members would know why some of the list had changed this year.  Much of the information on the previous list being used was very outdated.  The Association was sending invoices, notices, and packets to people who had passed away; others that had become divorced and spouses who had moved from the area and were no longer owners.  The landowners’ list was complied using the information supplied by the County this spring that gave all the legal names of the landowners in the Valley.  Each listing contains the legal information on file.  The "Trs." listed after some of the names simply means "Trustees".

     One lady indicated that her name was spelled wrong, there was no telephone number, and her address was incorrect.  She wanted to call the County and find out why they were so mixed up.   After researching the county records, it was discovered that the information, as provided by the County, was totally correct.  Since all her documentation was in her first husband's name, she continued to use that name on the filed documents on the property.  The County shows the Dammeron Valley lot as being in the name she had prior to her present marriage.  There was no telephone number because she had never given one to the Association.  There is a misinterpretation that most of the landowners do not want their telephone numbers included on the list.  This may not be the case since the landowners’ association has no telephone numbers unless it is furnished by the members themselves.  There is no other record that will supply that information.

     Regarding the current list, the database from which the information is pulled should keep the legal documentation, and the list badly needed correction.  However, in the future, when printing the list for the annual meeting, a PDF file can be made and the listings changed for anyone who would like to have it read differently.  For instance, several properties listed only one spouse’s name on the records.  When the properties were researched, there was only one spouse on the records, but the couples may want both names on the telephone list.  A separate listing of those changes can be compiled and incorporated into the list each year.

     Also, there was some concern over what the "Trs." meant after some of the names.  An explanation of that listing can be included on the pages of the list and it can be removed from any landowner listing, if desired.

     There was one error that was made when preparing the list.  The original printed list needed fine-tuning and when it was redone, the database listing the mailing addresses was used, instead of the lot addresses.  It would seem that the landowners would want the local lot address listed and not their out-of-state addresses, but whatever the members want in the listing can be used.

     Another question that needs to be addressed is "Do the landowners want published telephone numbers from the telephone directory included in the list?"  The numbers are public knowledge and would render the list more useable, but would landowners who did not submit that information to the Association have a problem with it being included? 

     Several of the women present volunteered to take several pages of the landowners’ list for next year and update it from information received from those members who want their listing changed or want to add additional personal telephone numbers.  It was suggested that an e-mail be sent out by Karen Sharkey asking landowners to update their information.  Terry Taylor is to work with Carol Clason in providing information to Karen Sharkey needed for the e-mails.  Persons not having a phone number listed will not be capable of receiving a reverse 911 call in an emergency from the Washington County Sheriff’s dispatch, nor any alert from community members.  Please list a contact number.

     b.  Discussion on Changing the Association’s Quorum Requirements to Conduct Business

          Bill indicated that the ballot regarding the quorum requirement changes could be incorporated with the mailing questionnaire on the Community Directory.  Fifty-one percent of the landowners would constitute a voting quorum.  Out of the fifty-one percent responding, the majority vote would determine the outcome.  The ballot would concern only a change in the quorum number needed to conduct business such approval of the budgets, voting for board members, and other business that is conducted at the annual meeting.  The quorum numbers needed to change the by-laws or architectural guidelines would remain at the present fifty-one percent of the members.

     Mac Thomson MADE A MOTION that a ballot be mailed out requesting that the quorum needed to conduct business be reduced from fifty-one percent to twenty-five percent.  The quorum of fifty-one percent of landowners needed to change the by-laws and architectural guidelines will not be affected.  Anyone submitting a ballot will automatically be entered into a raffle whose winner will have their next year’s dues waived.  Jim Johnson SECONDED the motion, and the motion carried.

      A meeting will be held on the June 12, 2012, at the Fire House to mail out the ballots and directory questionnaire.

                 

5.  Reports: 

     a.  President’s Message –  Bill King

          A lot of little issues were handled last year and hopefully this year more focus can be put on major areas such as landowners who are in arrears with their dues.  It would be nice to see some social activities in the community such as a potluck, etc.                        

      b.  Fire Department Report –   

          No one was present from the Fire Department to present a report.  Mac Thomson reported on the fire that occurred this afternoon to the west overlooking the Sand Cove reservoir. 

      c.  Financial/Secretarial Report – Carol Clason

     There is nothing new to report regarding the financial statements.  We have one month left in this fiscal year and $19,443 remaining in the budget.  In the Fire Department section, $2,000 was taken from the Gasoline Account (3.3) - $1800 was placed in Uniforms (3.2) and $200 was placed in (3.3), Repairs and Maintenance section to cover shortfalls in those area.  Under General DVLA expenses, $250 was taken from (6.3), Postage and Handling, to cover the bottom line for (6.9), Printing and Reproduction.

     Letters are being sent to landowners in the valley who do not belong to the Association asking if they would be willing to donate to the DVLA for the services that are available to them.   Mac Thomson is helping compile a list of those landowners for the mailing.

     The minutes for the annual meeting held on May 19, 2012, have been completed and will be posted since the board members have approved their publication in a vote this evening.  Those minutes will not be officially approved until the next annual meeting in May, 2013.  All invoices for the 2012-13 dues were mailed on Tuesday, May 22, 2012, and the final day for on-time payment of those dues is June 30, 2012.

     Copies of all correspondence in the files of the 16 landowners who owe dues for two years or more are being compiled and e-mailed to the attorney for review in determining how best to collect the delinquent dues.        

      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 discrepancies are in the Wells Fargo operating bank account where two outstanding checks, one  for $401.36 to the Workers Compensation Fund and one for $114.64 to Jan Yergensen for refreshment reimbursement for the annual meeting have not yet cleared the bank.  When totaling these checks and adding them to the appropriate account, the Association account balances match the bank statement balances.

           ii.  Public Safety – Mac Thomson:

                The roadways were sprayed by the County Weed Department several days before the annual meeting.  Landowners were cautioned that noxious weeks such as the tall thistles with the beautiful white blossoms need to be cut down since county personnel can issues citations if the weeds are not removed.              

           iii. Social – Jim Johnson

                No report given

           iv. Architectural Review

                Bill King reported that the only activity by the Architectural Review during the previous month was the return of three performance deposits to landowners who had completed construction.  

           v.  Public Properties – None Given.

   

6.  Comment and Discussion by Landowners:

     In response to a landowner inquiry, Mac Thomson will call the County regarding some intersection pavement repair and repair of the large cracks in the road on Canyon Trails, Old Farms Road, and Carter’s Pond Road. 

     

7.  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  

Draft Minutes of May 19, 2012, Annual Meeting Minutes

PLEASE NOTE:  THESE DRAFT MINUTES ARE NOT DUE FOR APPROVAL BY THE MEMBERSHIP

       UNTIL THE 2013 ANNUAL MEETING TO BE HELD IN MAY, 2013.

Draft: Annual Meeting Minutes – May 19, 2012

NOTE: Votes of Annual Meeting:

A quorum of the membership was not reached for voting purposes during this annual meeting.  As a result, the budget which was approved on May 14, 2011, will remain in effect for an additional year, until June 30, 2013.  Also, Jim Johnson and Terry Taylor, who are presently on the Board of the Dammeron Valley Landowners Association and are running for reelection, will remain as Board members for an additional term. 

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

Landowners: A quorum of 191 is required to conduct the meeting.

WELCOME,  PRAYER,  FLAG CEREMONY:

The meeting was called to order by President Bill King at 8:00 a.m.  The pledge of allegiance was led by Troop 1799, and the prayer was offered by Logan Baker.

APPROVE AGENDA/2011 ANNUAL MEETING MINUTES:

Terry Taylor MADE A MOTION that the agenda be approved; SECONDED by Jim Johnson, and the motion carried.

PRESIDENT’S MESSAGE, Bill King:

President Bill King thanked everyone present for coming to the meeting.  He reported that it had been a fairly active year – hand rails installed at the steps of the fire house, a new roof for the community center, a new bulletin board at the mailboxes.  Mac Thomson and numerous volunteers have been taking care of the area around the mailboxes and manning the burn pile.  The Architectural Guidelines and By-Laws were finalized, posted, and recorded.  The monthly meetings of the Association have been fairly well attended, and appreciation was expressed for the efforts made by the membership to attend the annual meeting.   

SECRETARY/TREASURERS REPORT, Carol Clason:

This year, quite different from the past two years, there were no major financial expenditures.  However, there were many things accomplished that had been pending for a long time.  The area around the mail boxes had been a hazard for many years when it iced up during the winter.  The Board continued to work on that area this year, and there did not seem to be a problem at the mailboxes this past winter.  A muted light was installed which lights up the Dammeron Valley rock; a locking box was installed for use in posting DVLA announcements; a number of legal issues were examined and resolved with the help of an HOA-trained attorney; a new metal roof was installed on the Community Center; hand rails were installed at the Fire House, etc.  The members on the Board this year were interested in identifying issues that needed to be addressed and getting them solved, while staying within the budget they were given. 

This spring Washington County again presented Dammeron Valley with a check earned from the recycling program.  The amount of the check for this year was $1,611.48.  Approximately one-half of this was set aside to add road base to the area around the mailboxes again. 

Regarding delinquent dues, 27 lots have partial or full dues unpaid totaling $16, 355 (not including late fees or lien fees owed) - four landowners have dues owing for 4 years; eight owe for 3 years, seventeen owe for 2 years; and 27 still owe last year's dues.  Board members are in the process of securing information from the attorney on how best to enforce collection against those landowners who have not paid for 2 years or more.  During the past year, the liens that were filed on delinquent landowner lots enabled the Association to collect thousands of dollars in back dues, lien fees, and late fees.  The lien is not effective unless the property is being sold so additional avenues of collection need to be pursued on the lots that have delinquencies for years.

If any member is interested, there are copies of the most recent balance sheet for the Association, dated April 30 of this year at the tables this morning.  That balance sheet is a little difficult to understand because for eleven months of the year, it shows a negative monthly net income for the Association.  The reason this occurs is because we have expenses that are being paid all year, but we do not receive our income until June when the dues are paid into the association.  Then the monthly income figure goes from a negative number to a plus $100,000.  This even had to be shown to the bank loan officer with whom we were dealing, so it is a good idea to point this out to anyone who wants to read the financial statements.  The income collected during the last month of the fiscal year is one reason the Association has to keep a significant bank balance at all times in order to be able to cover the $120,000 yearly budget under which we are working.  Right now the total of the bank accounts add up to $171,000.

This year the members were great in mailing in their proxies, going out and collecting proxies, and giving their proxies to others to use to vote.  It is the first year that a large number of proxies were received, and it is heart-warming to know that members care enough to help in reaching a quorum.

Many thanks were expressed for the resources available from the volunteer work and the training that the firefighters and others bring to the Valley.  There are so many people involved with the association - with the board, the monthly meetings, the fire department, the community center - people that some of us never hear about.  They donate their time and talents and strive to do the best they can, and we are very fortunate that these people live here in the Valley.

In response to a question by a landowner, Bill King indicated that in lieu of a yearly audit, one of the Board members has been appointed Treasurer.  This Board member is responsible for verifying the financial information provided in the monthly reports and reconciles the Association’s bank account balances against the financial statements as reported by the Secretary.  Also, an attorney has been contacted to determine how best to collect delinquent dues from those landowners who have not paid their dues from previous years.

Bill King indicated that just over 120 ballots have been passed out for voting, out of the 191 votes that are needed to reach a quorum.

Bill King called for approval of the minutes from last year’s annual meeting that was held on May 14, 2011.  Julie Cropper MADE A MOTION that the minutes be approved, and Terry Taylor SECONDED the motion.  The motion carried.             

FIRE CHIEF’S REPORT, Kyle Talbot:

Chief Talbot began by thanking the landowners for taking an interest in their community by being present at the annual meeting.  He expressed appreciation for the support from the members of the Board and the landowners for all they provide to the Fire Department.  This past year, the fire department personnel responded to 61 medical calls – 13 vehicle calls, 2 bicycle calls, 5 water rescues, 43 physical/ general health and injury calls, and used the local  life flight five times.   5 wildfire calls, 3 structure fire calls, and 3 false alarms were responded to during the year, and there were no personnel injuries to the fire department volunteers. 

Chief Firefighter Maciej Szczerbiak introduced the fire department personnel that were present:  Chief Talbot, chief fire fighter and EMT; Maciej Szczerbiak, fire fighter and EMT; Jim Petersen, fire fighter and engineer; Kevin Dye, firefighter and engineer; Lance Cornwall, fire fighter and brush engineer; Kathy Szczerbiak, EMT; Kathy Mason, fire fighter and EMT; and Russ Eardley, fire fighter; Alan Strebeck, firefighter; Roger Carsten, firefighter, and two cadets. Hundreds of  hours in training and service are provided by the volunteers each year to enable them to be able to carry out the duties necessary to safeguard the community.

Chief Talbot announced that Lance Cornwall had been chosen “firefighter of the year” for the Dammeron Valley Fire Department.  A $6,000 grant has been awarded from the State to help train medics for the Department.  The Fire Department owns five trucks and uses one State-owned truck.  They are all kept in “parade ready” condition and ready for use.  The fire house is in good shape and being continuously maintained.  Logan Baker, one of the cadets, is categorizing every item in the fire house that is owned by the Landowners Association.  This list can be used to track all assets, and will be furnished to the insurance company.  There is a second Eagle project in process which involves the laying of block and pouring of cement in an area in back of the fire house that needs repair.  The burn pile will continue throughout the coming year, being organized by Mac Thomson.    

Washington County applied for a grant to improve the communications system through which the fire department personnel receive their calls.  $900,000 was secured just for the system that covers Highway 18 and will greatly improve the communication from the message center to the Fire Department.   Dammeron Valley landowners were required to provide $3,000 as their share of the cost of this system, and that amount had been budgeted for payment in the 2011-12 budget. 

Chief Talbot reminded the landowners that they are totally responsible for fire safety, both inside and outside their homes.  Discarded coals from wood-burning stoves can reignite for as long as a week and need to be disposed of, away from the home and in a proper container.  Open burn for the Valley is closed, and any landowner violating the restriction could be fined.

In response to a landowner’s request, Chief Talbot discussed the need for fluorescent address numbers to be displayed in front of the property, with the letters perpendicular (not parallel) to the road so that they can be read by fire department personnel when they are searching for the home.

Bill King indicated that the Dammeron Valley Fire Department is second to none with which he has been associated.  He expressed his appreciation for all the volunteers, the EMT’s, and the quality of service that is provided by everyone.

It was announced that 137 ballots (out of 191 needed) have been distributed.

Bill King thanked Jan Yergensen for the many years she has helped with the refreshments for the annual meetings and also her work in archiving the records of the Dammeron Valley Landowners’ Association. 

PROPOSED 2012/2013 BUDGET: 

If a voting quorum is not reached at the annual meeting, the 2011/12 budget can be rolled over and used for the next fiscal year.  Since there was only a $900 bottom-line difference between the two budgets, it would be acceptable to work under the 2011/12 budget.  A final budget statement for the year 2011/12 will be available during the July, 2012, monthly DVLA meeting.

TRUSTEE NOMINATIONS & CANDIDATE STATEMENTS:

If a voting quorum is not reached at the annual meeting, the current Board members whose terms are expiring – Jim Johnson and Terry Taylor – (who are also running again for the Board) will continue for another term.

REPORTS:

·         WATER COMPANY/DEVELOPER, Nikki Richards:

Nikki Richards thanked Chief Talbot for his many years of service and the Fire Department personnel for all they do in the community.  As far as development in the Valley, very little is happening.  It is expected that it will be several more years before any further development will occur.  Approximately one year ago, a sewer system was initiated connecting some areas of Pinion Hills to St. George.  That system has been developing for most of the previous year.

 

Lisa was introduced as the member of the Water Department office personnel who will be dealing with landowner contacts.   A water transmission line was completed last year to provide additional water from the east side of the Valley to the west, where there was less storage available.  The water tanks are treated once a month with a small amount of chlorine to clean them and clear out any bacteria.  Every home in the Valley is required by the Health Department to have back flows on their faucets to aid in preventing bacteria from entering the central water lines. The developer is attempting to keep water rates at their current level, and a recent survey indicated that the rates charged in Dammeron Valley are in the medium range.

Julie Cropper expressed her appreciation to the water company for the water that is supplied free-of-charge for the community garden.

Nikki announced that a tour of the water company has been planned for June 17, 2012, at 3:00 p.m. for any landowner who is interested in learning more about the company. Those who are interested can meet at the red barn on the highway.  There are three water tanks presently being used – a 500,000 gallon tank, a 250,000 gallon tank, and a third tank holding 250,000 gallons.  An emergency generator is in place for use if the power ever goes out in the Valley and water is needed by the Fire Department.  These facilities can be viewed during the tour and information given concerning the operation of the water company.

·         ARCHITECTURAL REVIEW,  Gary Jensen:

During the previous year, 8 new homes, 2 patios, 7 fences, 2 barns, 4 garages, 4 sheds, and 2 additions were approved by the committee.

Gary Jensen was thanked on behalf of the landowners for all the work he has done during the previous year on the architectural committee.

·         FIRE  SAFETY  COMMITTEE/DAMMERON VALLEY RISK PLAN, Mac Thomson:

The fire safe program has been a great benefit to Dammeron Valley.  It is a state-wide plan developed to aid communities such as ours that have land interfacing with public lands, i.e. BLM land, state land, and Rocky Mountain Power  land.  The BLM and the state, on behalf of protecting Dammeron Valley, have created “fuel breaks” by clearing wide pathways of trees and vegetation on their land.  The intent is to prevent the wild fire from encroaching from outside the community to inside the community as best they can.  The fire safe program encourages the landowners to take care of their own properties and reduce the risk within their property boundaries in advance by reducing some of the “fuel load” by cutting grasses, taking down some trees, pruning other trees, in an effort to prevent a crown fire. 

A simple form, available at the burn pile, can be filled out by those landowners who have taken time to protect themselves listing what action has been taken, such as cutting down grasses/tumbleweeds, spraying weeds, (reduction of “flammable fuels”).  Purchase of weed eaters, chemicals, string for weed eater, hiring of company to get rid of weeds, etc. – all those types of expenditures count toward receiving credit from the state.  In exchange for these credits, the State provides crews and equipment to aid in the fire safe program in Dammeron Valley.  The State does have funding to aid landowners in clearing their properties if they are unable to do it or have it done.

The burn pile was open all this past winter.  To prevent stirring up the wet muddy ground, access to the burn pile is closed during bad weather.  Since November, 183 loads have been dumped on the pile.  An arrangement was made with a local contractor to accept some tree stumps (which are normally not placed on the pile) in exchange for his removing the debris after the pile was burned.  In addition, the contractor spread some fill dirt that was available and leveled the area.  A new sign has been posted at the burn pile listing those materials that are acceptable to dump (no construction materials, per EPA air standard requirements).  Members of the community have been generous in volunteering at the burn pile, and Mac expressed his appreciation for all who have helped.

In 2010, Dammeron Valley landowners were asked to review and upgrade the Community Fire Planning Program which is used by the State for fire management in our area.  A council of fifteen individuals, headed by Dr. Wayne Staab, all of whom had expressed an interest in participating, was organized.  A concern was expressed by the Council that, while fire was the greatest risk event in Dammeron Valley,  the program should be expanded to cover all kinds of potential disasters: fire, flooding, other catastrophes, and an evacuation/traffic control plan.  Collectively, the plan was called the Dammeron Valley Citizen Wildland-Urban Interface Plan.  The goal of this plan was to provide a Wildland-Urban Risk Assessment and Implementation Plan for Dammeron Valley.  Because fire danger is the greatest risk, managing fire constitutes the greatest portion of the plan.  However, the completed plan included the other potential risk management, as well.  A complete plan was provided to the State, including a number of appendixes relating to the risks.  The State personnel were interested only in the fire portion and eliminated everything else in the plan, including the evacuation procedure.  Additionally, they modified the report by adding and subtracting actions specifically related to fire that the Council had not discussed and with which they would not agree.  A revised copy, with recommended changes, was resubmitted by the committee last year and  has subsequently been approved by the State.

A request had been submitted to the Washington County Weed Department to spray the road right-of-ways in Dammeron Valley.  As weather and wind permitted over the past three weeks, the County did  spray the right-of-ways on both the east and west sides of  the Valley.  

Status of ballots disbursed is 142 out of 191 needed.

·         MAINTENANCE OF THE GROUNDS AND BUILDINGS,  Julie Cropper

A form entitled “Community Suggestions” was made available for those who would like to volunteer to help with some of the areas handled by Julie Cropper – the park, the fire house, the community center, the entrances.  She would also like to hear from anyone who has suggestions on increasing the activity levels of the park or the community center.

DISCUSSION & COMMENTS FROM THE FLOOR:

In response to a question from the floor, Bill King indicated that no service company has signed up to use the new cell tower that is located at the edge of Dammeron Valley.  As a result, the tower has never been operational to date.   

BALLOT RESULTS:

144 ballots were distributed for voting.  191 votes were needed to achieve a quorum. (During the May 29, 2012, monthly DVLA Board meeting, the Board will address the issue of mailing out a ballot to vote to reduce the need for one-half the membership for a quorum.)  A quorum of the membership was not reached for voting purposes during this annual meeting.  As a result, the budget which was approved on May 14, 2011, will remain in effect for an additional year, until June 30, 2013.  Also, Jim Johnson and Terry Taylor, who are presently on the Board of the Dammeron Valley Landowners Association and were running for reelection, will remain as Board members for an additional term.  Since a quorum was not reached at this annual meeting, upon a show of hands, the majority of those present approved adjournment of the meeting until May, 2013.  The meeting was adjourned at 9:45 a.m.

Carol Clason

Recording Secretary