Draft Minutes of the Monthly DVLA Board Meeting of July 30, 2013
The monthly DVLA Board Meeting was held at the Fire House. Seventeen landowners were in attendance.
Board Members attending: Terry Taylor, Ken Mandell, Ryan Andersen, and Craig Meyocks
Absent: Jim Johnson
Vice President Ryan Andersen called the monthly board meeting of the Dammeron Valley Landowners’ Association to order at 7:00 p.m.
1. Approval of the agenda:
The agenda was approved by a unanimous vote of the board members.
2. Review & approval of the minutes of the June 30, 2013, monthly DVLA Board meeting:
Terry Taylor MADE A MOTION that the minutes for the June 30, 2013, monthly DVLA Board meeting be approved. The motion was SECONDED by Ken Mandell, and the motion carried.
3. Reports:
A. President’s message – None presented
B. Fire Department Report – Chief Maciej Szczerbiak
Last year the county received a $1,000,000 federal grant to aid in updating the radio/pager system. Texting is working very well, but the updated pager system is not in place. The county person responsible for installing the new system has transferred to California, and the person in charge of the entire system passed away last year. The federal grant monies paid to reimburse the cost of the system have disappeared, placing the whole project in an uncertain position. There is a possibility of a pending lawsuit because of the large amount of money that is missing, and the departments involved will be updated on the status of the situation.
Two meetings were held recently with the Dammeron Valley Water Department as a result of a problem with water availability. Separate procedures are being put in place so that fire department personnel can operate the water pumps and start generators in the event personnel from the water department are not present in the valley at the time of a fire emergency. These operating procedures will be the result of a combined effort between the fire department and the water department personnel and approved by the water department personnel. In the event there is no electricity, no water, and no water department personnel, fire department personnel will be trained to proceed in case of a fire emergency. In addition, 250,000 gallons of water will be available at any given time for a fire emergency.
During the past month, there were two vehicle extrications and two fire emergencies. Both fire emergencies started on BLM land, which means the firefighters will be reimbursed for those fires through the SSD.
Rescue 1 vehicle is now in service and operating well. It is equipped with two separate light bars that light up its area extremely well and will aid in the emergency landing of helicopters. All fire department vehicles are undergoing a 37-point preventative maintenance inspection every two weeks which is keeping them in good operating condition.
The new structure gear for the firefighters has been chosen, and the crew will be fitted for sizes next week. The gear is current and will be in compliance for the next ten years.
In spite of the Federal and State grant monies being cut down, there are still grant monies available through FEMA, Homeland Security, local companies, etc., and much time is being spent writing applications in search of those monies for the department.
C. Financial Report – Carol Clason
Regarding the financial statements, the final balance sheet for 6/30/2013 and the July balance sheet are awaiting the entries from the accountant who is transferring the figures on all the properties and depreciations that have been turned over to the SSD. The balance sheet is the report that lists all assets (current and fixed) and all liability and equity accounts of the association. The transfer of properties to the SSD affects all the fixed asset accounts and the equity accounts. The 7/27/2013 listing of current assets that shows our present bank balances to date has been made available at this time, but the other balance sheet accounts are not current until the adjusting entries are received from the CPA. Copies of the June and July balance sheets will be submitted, hopefully, by next month’s DVLA meeting, once those figures are received from the accountant.
If you look at the final year budget versus year-to-date expense sheet of 6/30/2013, you will see that the association’s budgets have been pretty much on target. The $9,726.50 late fee income collected, plus the $1450.00 donations, total $11,176.50 (which are incomes that could no be counted on or listed in the budget). That total comes very close to matching the $12,087.73 remaining unspent at the end of the year. This $12,087.73, because it is remaining at the end of the year, is added to the retained earnings figure on the balance sheet. This figure is the excess that has accumulated over the years and is the monies now available to be used to fund some of the necessary expenses associated with the changeover to the SSD.
On the new fiscal year budget versus expenses sheet of 7/30/2013, you will see that a new line item, “3.15 – SSD Funding” has been added. The Special Service District will determine the monies spend on most of the line items. Our sheet merely shows our budget figures and how the totals were determined. Right now, the association has turned over $10,000 to the SSD, but monies from categories 2, 3, 8, 9, 10 and part of 5 will be available to the SSD since they are now responsible for every category except those dealing with the community center, some of the insurance, the general DVLA expenses, and the social events categories.
Line 8.1 of the 7/30/2013 budget versus expense sheet shows the $24,453.24 spent in 2013-14 to pay off the fire house. That same line on the 6/30/2013 budget versus expense sheet shows the remainder of the payoff for the fire house ($10,824.29) which was paid out of last year’s budget.
Hopefully, some of these explanations will make the reports more easily understood and will answer some of the questions that landowners may have about them.
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 accounts balance.
ii. Architectural Review - Ken Mandell
There was no new activity for the architectural review committee during the month of June. One set of plans was submitted by a prospective buyer which could not be considered by the committee until he was actually the owner of the property being reviewed.
a. Block privacy wall – Steve Jennings
Ken Mandell, as a representative of the architectural committee, indicated that a wall of any type on a property line (which was designated in this plan) is strictly prohibited by the CC&R’s and Protective Covenants and has never been approved in the valley. The remaining members of the board agreed that the wall must be beyond the setback of the property line and that the property owner can work with the architectural committee within those guidelines.
iii. Public Safety – Mac Thomson
No report submitted.
iv. Social/Insurance
No report submitted.
v. Public Properties
No report submitted.
4. New Business:
A. E & E Motors, Jim Prchal, Used Car Lot, Highway 18 & Dammeron Valley Drive East
Mr. Prchal appeared to answer questions any landowner might have about plans to open a used car lot on the highway 18 property where restaurants have previously been located. He intends to have ten or less vehicles parked on the property, few lights, no mechanical servicing of vehicles, no garage, and no additional sheds for sale. Latest expected hours would be 9:00 p.m. and closed Sundays. If someone wanted to lease the restaurant from him (since he had to lease the entire property and has no use for the building), that could be a possibility in the future. There will be infrared lights to keep down the brightness and security cameras on the property.
B. Formation of Water Committee and Committee Chairman
Craig Meyocks, as liaison between the DVLA and the SSD, indicated that the SSD will take the responsibility to appoint a chairperson to create a committee that can work with the water department personnel. The purpose of this committee will not be to try and run the water department but to offer some expertise to help prevent the reoccurrence of the major incidents that have happened in the past few weeks. The board members asked that a report from this SSD committee be submitted at the DVLA meeting each month.
C. Bylaw Treatment of Board Member Serving on the Architectural Committee
A question was raised about a conflict of interest issue if a board member was also a member of the architectural guideline committee. Since the board is the body where the landowner must appeal for a waiver when his/her application is denied by the architectural committee, can the board member (who is also on the architectural committee) vote on the issue? The bylaws state that the architectural committee may be composed of trustees, as well as members. It appears, per Ryan Andersen, that the bylaws find no conflict of interest. If there are three to four other board members voting, they can override the decision of the member in question. If a definite conflict of interest should arise, the board member could recuse himself/herself.
D. Verification of Membership Eligibility for Election to DVLA Board of Directors
On a past board one of the board member’s property was held in a trust in which he was not named in the title of the trust. The HOA attorney’s opinion was that the body of the trust may grant the board member power to act for the trust, but since this is unknown, the board members may want to clarify the eligibility issue for election to the board of directors.
Ryan Andersen MADE A MOTION that a POLICY AND PROCEDURE be adopted that proxies can only be cast by qualified members of the Dammeron Valley Landowners’ Association who are in good standing in the corporation (please see page 5). Ken Mandell SECONDED THE MOTION, and the motion carried.
Ryan Andersen also suggested that this policy and procedure be submitted as a bylaw change during the May, 2014, annual meeting. In addition, a second bylaw change was proposed stating that within one week of election to the board of directors of the Dammeron Valley Landowners’ Association that the member be required to verify eligibility of election, i.e. submission of a trust copy, verification of dues payment by the secretary, etc.
E. Requirement to Complete Construction within one Year of Commencement
It has been an unwritten policy in previous years for the architectural committee to work with landowners in determining the causes of untimely completion of construction and whether or not the deposit will be retained by the Association.
5. Old Business:
A. Review of Complaint Form
It was decided that the concern form must contain the name of the person submitting the form, but that the name can be blacked out when it is forwarded to the landowner who is involved in the complaint.
6. Comment and discussion by landowners:
None offered.
7. Adjournment:
A MOTION WAS MADE by Craig Meyocks and SECONDED by Ken Mandell to adjourn the meeting. The meeting adjourned at 8:30 p.m.
Carol Clason,
Recording Secretary
POLICY AND PROCEDURE
Adopted July 30, 2013
By the Board of Directors
Of the Dammeron Valley Landowners Association
Voting proxies can be cast only by qualified members of the Dammeron
Valley Landowners’ Association who are in good standing within the
Corporation
Ryan Andersen
Craig Meyocks
Ken Mandell
Terry Taylor
