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
