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”

Draft Minutes for the September 25, 2012, Monthly DVLA Board Meeting

Draft Minutes of the DVLA Board Meeting of September 25, 2012

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

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

                              Absent:  Julie Cropper

                                        

President Bill King called the monthly DVLA meeting 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 August 28, 2012, monthly DVLA Board meeting:       

Terry Taylor MADE A MOTION that the minutes for the August 28, 2012, monthly DVLA Board meeting be approved.  SECONDED by Jim Johnson, and the motion carried.

3.  Old Business:

     a.  Development of a policy for handling landowners’ concerns

          A form “Community Concern Request” was presented to the Board by Sheri Mandell for consideration when determining the policies for handling landowners’ concerns.  She also indicated that most of the covenants in the subdivisions of Dammeron Valley are labeled “protective covenants”, other than CC&R’s.  The development of a policy for handling landowners’ concerns will be on the next DVLA monthly meeting agenda.

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

          Eric Clarke, County Attorney, was unable to attend this evening’s meeting.  A special meeting dedicated mainly to a discussion of a Special Service District was tentatively set for October 9 at 6 p.m. at the truck bay area of the fire department.  The focus of this meeting will be to educate landowners on the pros and cons of establishing a Special Service District for the fire department and to learn the requirements and procedures involved in that process.

     c.  Update on complaint by Jill Petersen regarding flooding problem

           No report on this concern.         

4.  New Business: 

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

           Following is a listing of the processes currently in place to collect dues.           

               1)  Invoices listing membership dues for the year to be mailed to all landowners before May 31 of that year (within approximately two weeks of the annual meeting).  Invoice must identify the amount of the new dues that were voted on during the month and the property involved.  There must be a statement (also included in the proposed budget) listing a late fee of $15 per month for every month the dues are not paid after June 30.

              2)  The second and final invoice for the year to be mailed by August 31 indicating that if the dues are not paid or arrangements made for payment by the end of September, a lien will be filed against the property.  (Experience has indicated that third and fourth invoices resulted in no response from the landowners with delinquent accounts.)  Late fees that have already accrued will be included in the dollar amount owed, and a statement will be made indicating that lien fees – including certified postal fees - ($30) will apply if a notice of lien has to be filed.  Any landowner owing monies from previous years also will be informed that their account will be turned over to the Association’s attorney, automatically incurring an additional $350 attorney collection fee, if their account is not full paid during September.

               3)  Notices of liens to be filed on any properties that have unpaid dues by the end of September, with a certified mailing forwarding a copy of the recorded lien to the landowner.  (Postal certified number to be included on the lien, per attorney.)

              4)  At the end of September turn over to the attorney any landowner account for which monies from previous years are still owing.  At this point, the secretary no longer has control of the account and refers all contacts regarding the applicable properties to the attorney.

              5)  If information is received that a property owner and billing address  have changed during the billing process, the current landowner will be given thirty days after receipt of an invoice to pay the dues without the late fee penalty.  (It is the responsibility of all landowners to inform the Association of changes in owners and/or billing addresses.)

             6)  If landowners do not feel they can pay $300 at one time, they have been encouraged to make payments beginning in January (before the annual meeting) so their dues will be full paid when due.  (Prepayment instead of after-the-fact.)  

          This information is to be considered by the Board members when developing a policy for collection of delinquent dues which will be included in next month’s agenda.

5.  Reports:

     a.  President’s message – Bill King

           During this year, the Board members have actively pursued a number of issues and have been diligent in enforcement of the CC&R’s/Protective Covenants.  Concerns that have been brought to the attention of the Board members have been addressed and resolved, when applicable.            

     b.  Fire Department Report –  Chief Maciej Szczerbiak

           Administrative changes during the previous month includes the addition of Fire Captain Roger Carsten to the ICS staff, plus his designation also as a training officer.  Presently the chain of command is as follows:  1)  Fire Chief Maciej Szczerbiak, 2) Deputy Chief Jay Workman, 3) Fire Captain Kevin Dye, 4) Fire Captain Roger Carsten, 5) Fire Captain J. R. Baird, 6) Team leader Kathy Szczerbiak, 7) Team leader Don Wallace, 8) Engineer Jim Petersen, and 9) Engineer Lance Cornwall.

            The insurance on the Chevrolet Suburban has been canceled; the vehicle has been inspected by the State and is to be picked up shortly.

            One more volunteer, Dallas Hyland, signed up last week.  The fire department is applying for state firefighter license plate grant.  Purchase of additional Wild land PPE and also rope rescue equipment in order to certify the fire department as a rope rescue team was suggested.  Permission was asked of the Board members to set up a Dammeron Fire and Rescue website which will provide a platform to discuss options and benefits available to the community through the fire department.  The cost would be $140.00 per year.  Bill King asked that this item be added to the agenda for the October 9, 2012, special meeting so that work can begin on developing the website.

           Washington County Fire has issued fire restrictions as of September 7 through October 27, 2012.  Burning of debris is allowed only by fire permit issued by the Dammeron Valley Fire Chief.

           The Dammeron Valley Fire Department is hosting/participating in the Washing County Fire Academy FF 1 class which is a combined effort between Ivins, Leeds, Diamond Valley, and Dammeron Valley fire departments.  Last Thursday, as hosting fire department, pizza and beverages were provided to the class.  Six Dammeron Valley personnel will be attending the Trauma Conference to be held on September 29.  The EMT B course starts October 22.

          Since August 25 the fire department has had seven EMS emergencies, two car accidents on SR 18 in Diamond Valley, and five medical emergencies.  The department responded with

B 13-1 and B 13-4 trucks to community flooding issues on September 11.  Accompanying flood health problems included farm animal contamination, septic tanks, and general household chemicals. 

           Four fire departments are interested in Brush 13-2 which has been offered for sale at an asking price of $9,500.  We will follow up on any offers in an effort to sell the vehicle within the near future.  Engine 13 currently needs specialized valve repair work; we should be able to have this work performed locally. 

           NFPA approved EMS supplies were purchased which included gloves, spinal care kit bags and decontamination kits.  FF1 books and test materials for internal fire fighting training have been purchased.  An inventory of all fire department PPE’s, tools, tables, chairs, etc. is being completed.  All portable fire extinguishers at the fire house and in all the vehicles have just been tested/inspected and certified.  A washer and dryer need to be installed at the fire house so that contaminated uniforms and other fabrics can be cleaned on site, rather than taken to homes.  This is a law when dealing with contamination issues.  Permission was asked of the Board that bids be secured for completion of the landscaping around the fire house. 

     c.  Financial Report – Carol Clason

          During September, approximately 55 invoices were mailed to landowners who had not yet paid their 2012-2013 dues.  Many of the invoices have to be customized as some landowners owe for more than this year; have made various periodic payments that have to be taken into consideration.  Some have to be told of pending lien filings; others of the possibility of being turned over to the attorney for collection, with the resulting $350 fee.  Seven properties, in addition to those already sent to the attorney, are ready to go in for collection, if no contact is made by the end of the month.

     The lien fee charged by the Association had to be increased from $20 to $30, due to the advice from the attorney to mail certified notices of lien to each landowner.  The lien fee will include this postage plus the filing fee charged by the County Recorder's office.

     If you look at your balance sheet, you will see that the very first item under "Checking/Savings" is a CD held at U.S. Bank for $50,000.  This was opened during September only after there was enough monies to cover this year's budget plus some additional emergency reserve monies (approximately $35,000).

     The insurance for the Chevrolet Suburban owned by the State that is sitting in our driveway has been cancelled.  We intended to insure it until it was picked up, but since it has been over a month from the time they were notified, we went ahead and cancelled the coverage.

    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 $244.00 to pay the monthly fuel bill had not yet cleared the bank.   When totaling this check and adding it to the appropriate account, the Association account balances match the bank statement balances.      

           ii. Public Safety – Mac Thomson:

               The anticipated work in Dammeron Valley by the County road department was superseded by the recent emergency in Santa Clara.  It is not known if or when the engineer will be able to address the flood issues in Dammeron Valley in the near future.

               The county personnel, who handle the weed issue, returned and sprayed the burn pile since they had determined it to be a public area in the valley.              

           iii.Social/Insurance – Jim Johnson

               No report submitted.

           iv. Architectural Review  - Gary Jensen

               Plans for two houses in the Canyon Trails subdivision were approved this past month.

           v.  Public Properties – Julie Cropper

                No report submitted.

               

6.  Comment and Discussion by Landowners:

      One landowner requested that the Board members listen to what the landowners have to say rather than argue with what is being said.  Also, he asked that all participants use appropriate language at all times, especially when ladies are present.    

7.  Adjournment:       

     A MOTION WAS MADE by Jim Johnson to adjourn the meeting.  It was SECONDED by Terry Taylor, and the meeting adjourned at 8:40 p.m.