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

Friday, January 27, 2012

Final Minutes of the 11/29/2011 Monthly DVLA Board Meeting



Final Minutes of the DVLA Board Meeting of November 29, 2011

The monthly DVLA Board Meeting was held at the Fire House.  Fourteen 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 7:00 p.m.

1.  Approval of the agenda:
     Under Old Business, Item a, a proposed feasibility study covering possible future demographics for Dammeron Valley will be discussed.  MOTION made by Jim Johnson and SECONDED by Julie Cropper that the agenda be approved, as amended.  Motion carried.
  
2.  Review and approval of the minutes of the October 25, 2011, monthly DVLA Board meeting:
     MOTION was made by Jim Johnson to approve the October 25, 2011, monthly DVLA Board meeting minutes.  SECONDED by Terry Taylor, and the motion carried. 

3.  Old Business:
     a.  Discussion on feasibility study for Dammeron Valley
           A short history of the consideration of a feasibility study for Dammeron Valley was presented by Brooks Pace.  The topic was first considered when Diamond Valley was investigating the possibility of incorporating and was setting their northern boundaries near the southern boundaries of Dammeron Valley.  A feasibility study regarding community costs is completed by the county and must be approved by the county commissioners.  It costs the Valley inhabitants nothing, is not a step towards incorporation, and simply attempts to determine future possibilities for growth in the Valley and costs of “as is” vs incorporation.  Mac Thomson MADE A MOTION that a feasibility study be requested by the Board from the county.  Jim Johnson SECONDED the motion, and a polling of the Board’s vote was recorded as follows:  Jim Johnson – Nay; Julie Cropper – Aye; Bill King – Aye; Terry Taylor – Aye; Mac Thomson – Aye.  The motion carried.
     b.  Update on attorney consultation – Bill King
            A working meeting was held by the Board members to discuss the report by the attorney regarding the concerns by the valley landowners of the operation of a commercial business in the valley and what, if anything, can be done about the situation.  A final opinion letter is being sent by the attorney outlining the many legal issues the Association could face if any action is taken.  The opinion letter will not be posted in order to preserve client/attorney confidentiality, and the minutes of the working meeting, which were recorded, will not be posted (upon the advice of the attorney) since the meeting was an emergency executive meeting that deals with a potential law suit solution.  This action is taken to avoid any missteps over legal boundaries.  Any legal action with the business in question would cost them nothing as they are represented by our tax dollars, but could cost the Dammeron Valley Landowners Association thousands of dollars.   
     c.  Update on the process of preserving the historical records of the association – Jan Yergensen
          The annual minutes, association documentation, and all receipts, including those for the park and fire house back to 1977, have been scanned onto CDs that fit into one small CD packet. 
A box of ballots needing to be saved and documentation that can be destroyed were turned over to the Board for disposition.  Copies of the CDs will be made for the Board and any of the members who desire copies.
          Many thanks to Jan Yergensen for completing this time-consuming job to preserve the records for the valley.
          Bill King recommended that the disc packet be kept in a small safe to be purchased by the association. 
    d.  Update on the test solar light to illuminate the Dammeron rock on Highway 18 – Terry Taylor
         New lights furnished by Bill King have been illuminating the Dammeron rock for approximately the past four 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.  However, one landowner present does not want lights on the rock as she can see them from her windows.  Bill King asked if the test of the new lights could be continued until the next meeting in January to allow any additional feedback from landowners.  At that time, the lights will either be removed or the Association will purchase their own set of lights.

4.  New Business: (None Proposed)

5.  Reports:
      a.  President’s Message –  Bill King
          The open discussions in this year’s monthly board meetings have brought out a number of issues I had not thought about.  Hopefully, the questions raised and factual discussions surrounding concerns voiced by different landowners have helped to clear the air and dispel some of the rumors that seem to have been around for years.         
      b.  Fire Department Report:
          Due to a prior commitment, Chief Talbot was absent but submitted the following information:  During the previous month, there were no fires and two medical calls.  One medical call resulted from the vehicle fatality of a Veyo man at the entrance to Dammeron Valley.           
     c.  Financial/Secretarial Report – Carol Clason
         The web service provider for the Dammeron Valley Landowners’ Association deactivated our site indicating our legitimate activity had increased and was using far too many system resources than is allowed on shared hosting.  Our legitimate activity has not increased to any extent, according to Johnna Evans who oversees the web site, and she is recommending that the mydvla.org domain be moved to another service provider.  The service provider has reactivated the web site and bulletin board at this time.  The bulletin board will only be up long enough to extract the past minutes data and perform a clean uninstall of the software.  The web site will stay up for the time being as it does not seem to be causing a problem with the provider. 
         Regarding the Dammeron Valley Community Risk Plan, twenty copies were made into booklets and are being distributed to those who will use them.  The plan is also ready to be published on the Dammeron Valley bulletin board, but when I went to do so, the web site was down.  The plan will be on the site within a few days.
     I need to report that the printer I purchased when I first started to work for the association had a problem with a dark line printing down the middle of the every page.  After attempting to repair it with a new drum and cartridge, Bill King approved the purchase of a Cannon printer with which he was familiar.  It ended up costing us only $100 (which was less than it would be to repair the old one) as Staples had a $50 off sale plus they gave us $40 for turning in an old printer.  The new printer has the ability to scan documents into PDFs, and that is how we are able to submit an e-file copy to Johnna for the web site.
     There is nothing new or unusual on the financials.  One landowner last month wanted to know the payments of the lien costs which were collected from landowners delinquent on their dues.  During this fiscal year $210 have been paid for filing liens against delinquent landowners, and $160 have been collected from those landowners when they have brought their dues current.  I am requesting that this information not be listed on the budget sheet.  The landowner had thought that we listed the lien costs, so we needed to list the reimbursements.  We do not list the lien costs when the association pays the County to file a lien.  Line 6.7 entitled "Legal Fees" includes monies paid to attorneys only.  Line 6.8 was entitled "Title Service/Lien Fees", but was meant only to include those legal costs owed by the association.  The $37.00 listed on this line was monies paid to list the association on the new Homeowners' Association Registration List required by the State, and we have listed no lien filing costs against the landowners here.  I have retitled that line Title Service/Registration Fees to better identify the items.
          Jim Johnson MADE A MOTION that the additional monies owed to the attorney to cover the $3500 approved payment be paid to the firm, with the discussion on the remaining amount billed to be held at the January, 2012 meeting.  Terry Taylor SECONDED the motion, and the motion carried. 
      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.
           ii.  Public Safety – Mac Thomson:
                In exchange for burning tree stumps in the burn pile recently, a contractor hauled away all the debris from the pile.  This leaves the burn pile in good shape ending this year’s season.  It is possible the fatality occurred at the entrance of Dammeron Valley due to the driver attempting to avoid hitting a deer.  Now is the time to be watchful for deer, particularly from Winchester Hills all the way up to Dammeron Valley.               
           iii.Social – Jim Johnson
               There were three volunteers who responded to a request to help with an association Christmas party this year.  Information was given to them regarding monies available, past year’s volunteers, etc. but nothing further has been heard about the party.
           iv. Architectural Review – Bill King:
                There was a pre-built shed, a fence and a barn approved in the Meadows during the previous month.  
           v.  Public Properties – Julie Cropper:
                Nothing to report.
               
          Jim Johnson MADE A MOTION that the financial reports be accepted, and Terry Taylor SECONDED the motion.  The motion carried.
                       
6.  Comment and Discussion by Landowners:
     None given.        

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

Sunday, January 22, 2012

County Attorney presentation at next Board meeting - 6:00pm 1/31/2012

I want to let everyone know I have had a meeting with the County Attorney that will make the presentation at our next Board Meeting (6:00pm 1-31-2012), Eric Clark. He advised he and Mr. Kim Hafen will be out to share information on the following topics related to the incorporation process:

1. Tax issues, what services will or will not be covered by existing taxes.

2. Procedure for requesting a feasibility study, qualifications that must be met before a study will be considered by the County.

3. What the Feasibility Study will reveal.

4. Requirements for a petition to incorporate

5. Election process to approve or deny by the citizens.

The presentation will take 30-40 minutes and we'll have just over an hour for Q&A by those attending.

I would also encourage those who plan to attend to come with an open mind on the subject and listen to the presentation respectfully, and during the following Q&A time to allow it to be used by those who actually have questions and not use it for presenting views one way or the other. We can have a discussion meeting schedule at a later time to openly discuss any part of the process, but let's try to use this time to our advantage while we have the resources of the County present who actually have worked with other communities in this area. If you don't want to listen to the information presented, please don't attend and take away from those who do.

I have already had and responded to several emails on the topic, offered to meet in person and discuss the concerns raised, but have not been taken up on my offer. I find email a very impersonal method of corresponding, and when I see someone who has genuine concerns I am convinced the better method of communication is a sit-down meeting where we can look one another in the eye and have real, open discussions. Of the emails I have had, it is plain to see there are some misconceptions about the incorporation process and the pros and cons of being an incorporated area. I am not at this time in favor of incorporating, but I want to get more information and find out if there may be some benefits to the community that I am not aware of. I don't think passing up something that could be a benefit to everyone because I 'feel' one way or the other is fulfilling my responsibilities to the community I live in, I want to know all of the ins and outs to make sure my 'feelings' are justified, and if they are not I am not going to pass up an opportunity to gain benefits if they are available.

So we're not starting a petition, not starting down the road to the Feasibility Study, we are only gathering information on which we can collectively see if where we're at is the most beneficial place to be. There will not be any voting or decision making on the subject taking place at the meeting, this is information only.

Thanks in advance for your cooperation and interest,

Bill King, President - DVLA