Draft Minutes of the August 27, 2013

DAMMERON  VALLEY  LANDOWNERS  ASSOCIATION,  INC.

   1137 Dammeron Valley Drive East                                                                      Telephone/Fax (435) 574-6397          

   Dammeron Valley, Utah  84783                                                                                     Web site:  http://dvla.org

Draft Minutes of the Monthly DVLA Board Meeting of August 27, 2013

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

Board Members attending:  Jim Johnson, Terry Taylor, Ken Mandell, Ryan Andersen and Craig Meyocks

              

     President Jim Johnson called the monthly board meeting of the Dammeron Valley Landowners’ Association to order at 7:00 p.m.  

1.  Approval of the agenda:

     Craig Meyocks MADE A MOTION that the agenda be approved; SECONDED by Ken Mandell, and the motion carried.

       

2.  Review & approval of the minutes of the July 30, 2013, monthly DVLA Board meeting:

      Craig Meyocks MADE A MOTION that the minutes for the July 30, 2013, monthly DVLA Board meeting be approved.  The motion was SECONDED by Terry Taylor, and the motion carried.      

         

3.  Reports:

     A.  President’s message – Jim Johnson

          President Jim Johnson asked that any landowner comments be given at the time of “comment and  discussion by landowners” as listed in the agenda.

        

     B.  Fire Department Report –  Chief Maciej Szczerbiak

          Fire restrictions have been removed and new burn permits will be available starting October 31.  However, debris burning is still prohibited at this time. 

           Russ Eardley and Jim Clonts have successfully passed the UFRA WL FFI tests and certification.  Additional testing will be scheduled for firefighters in the fall.

           Since July 26, there have been 4 EMS emergencies and no fires.

           Brush 13-1 will undergo retrofit to better serve the department’s needs.  Brush 13-3 needs radio and emergency light repair which is to be performed by EVS in St. George.

          Grant application is fully implemented.  The new PPE equipment is to begin arriving next week, and estimated to be received in total by the end of October.  The new respirator replacement deadline has been extended by six months, and department personnel will apply for grants to help pay for this equipment.          

         

     C.  Financial Report – Carol Clason

            Regarding the financials, there are three balance sheets included in the handouts showing the end-of-year picture on June 30, 2013; the July 27, 2013 balance sheet for last month and this month's balance sheet dated August 24, 2013.  As of June 30, 2013, all assets, except the Community Center, are shown to have been transferred to the Special Service District.  A total of $435,658.84 in value of assets was transferred.  Taking into consideration the total accumulated depreciation of these assets of $265,868.00, the actual book value remaining of all assets transferred was $169,790.84.  This is the figure shown on our books as "granted" to the Dammeron Valley Fire Special Service District.  The assets transferred included the following:  Firefighting equipment - $4,199.38; Improvements - $26,665.59; Vehicles - $214,713.03; Park equipment - $4,614.26; Building - $185,466.58.   These figures show the original costs of the assets to the landowners of the DVLA.  The balance sheets for the association now show only the asset still owned by the DVLA and the reduced equity to the landowners after the transfer.

     At the end of each month a check is made out to the SSD to cover their next month's expenses.  The Dammeron Valley Landowners' Association will be funding the SSD until the end of 2014, when the county tax revenue will be collected.  The current budget versus year-to-date expense sheet now shows the financial categories being paid in the future through the SSD. 

     The annual Homeowners' Tax Returns for 2012 have been filed with the federal and state governments this week.  Our fiscal year end is June 30, and the association has until September 15 to file all returns.

     Second invoices are being sent this week for all those who have not yet paid their 2013-14 dues.  Notices of liens will be filed against all delinquent landowner properties if the dues are not paid by September 30, 2013.  The cost of lien filings for the association has now risen to $30.00 due to the fact that the HOA attorney suggested all liens be mailed certified to the landowner.  This cost is billed against and paid by the delinquent landowner.

    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 once they are adjusted by a $170 landowner’s uncashed performance bond check refund and $39 electronic Qwest bill.

ii. Architectural Review  - Ken Mandell

       During the previous month, plans were approved for a home in the Farms subdivision and a fence.  One container request was declined by the committee for which the landowner has asked for reconsideration by the board/committee.  The container is approximately fifty-seven feet long, twelve feet high and eight feet wide.  Board/committee members are to view the proposed location for the container to determine what can be considered.        

iii. Public Safety – Mac Thomson

       Some of the property west of Sand Cove Circle, owned by Pacificorp, is being treated as a fuel treatment area to limit the fire hazard and liability on the part of the owner.  A fence is being erected to Sand Cove Road which will have a walk-through for foot and horse traffic that will tie into the trail that now goes around the Sand Cove reservoir.  ATV’s and small motorcycles are still allowed on the trail easement to the fence line, and their riders are asked to stay on the northbound road that intersects with Sand Cove Road.

      The county road commissioner has been informed of the shoulder work needed on Dammeron Valley Drive East and West, Canyon Trails intersection, Homestead and Old Farms Road, and the cracks on Old Farms Road, the east road into Pinion Hills, the Canyon Trails Road and Homestead.  He has been asked about the dying trees on Dammeron Valley East, and has been aware of the drainage problem at Old Farms Road and Dammeron Valley Drive West. 

      A request is being made for weed spraying on the west side of the park and around the mail boxes and the burn pile. 

      In response to a landowner’s concern about excess traffic into the cul-d-sac in which he lives, a request can be made for “no outlet” signs for five or six such areas within the community.  It is possible that the landowner’s concern involves the newspaper delivery that happens about 5:00 or 6:00 a.m. in the morning.  There has only been one complaint on this issue to date, and it would be up to the landowners to decide if constructing “no outlet” signs would be advantageous to the community.  

            iv. Social/Insurance – Craig Meyocks

                No report submitted.                           

            v.  Public Properties/SSD Liaison – Craig Meyocks

                 a.  Water Committee Report:  Mac Thomson was nominated by the SSD board members as Chairman of the water committee, Craig Meyocks as Vice Chairman, and Bill Haag as volunteer member.  Two more people are needed to serve on this committee.  Anyone interested should contact Bill King, Craig Meyocks, Mac Thomson or anyone serving on the SSD Board.  The water committee members are expected to meet about every two months and will serve as liaisons and oversight representatives to the Dammeron Valley water company.  

               

4.  New Business:  None Proposed    

5.  Old Business:  None Proposed         

6.  Comment and discussion by landowners:  

       Maciej Szczerbiak volunteered to take the reverse 911 information forms submitted by the landowners to the appropriate office in St. George.  Landowners, as a courtesy, were asked to treat the annual Dammeron Valley telephone listing appropriately as several owners have indicated they are receiving numerous sales calls on their unlisted telephone numbers. 

       The County Road Department is responsible for the trees located on their right-of-way. 

Mac Thomson is to ask county personnel if landowners can water or trim those trees when they become a nuisance to their area and what their liability would be.  Previously landowners had been informed that they could be fined if they touch the trees in any manner. 

        If the Dammeron Valley rock is not lit at night, it is because there has not been enough sunlight during the day to recharge the solar batteries – not because there is any malfunction with the lighting.

        A current landowner telephone list was given to Maciej Szczerbiak to accompany the reverse 911 information, when submitted.          

                  

7.  Adjournment:       

      A MOTION  WAS  MADE by Ken Mandell and SECONDED by Ryan Andersen to adjourn the meeting.  The meeting adjourned at 7:55 p.m.

(Refreshments were furnished by Hallie Myer and much appreciated.)

Carol Clason,

Recording Secretary

Draft Agenda of the August 27, 2013, Montly DVLA Board Meeting

DAMMERON VALLEY LANDOWNERS ASSOCIATION, INC.

1137 Dammeron Valley Drive East                                                                          Telephone/Fax (435) 574-6397

Dammeron Valley, UT  84783                                                                                       Web Site: http://mydvla.org

                     

DRAFT AGENDA:  DVLA BOARD MEETING OF AUGUST 27, 2013

Tuesday:   August 27, 2013

Time:         7:00 p.m., DVLA Board Meeting  

Location:   Firehouse

Roll Call:   Jim Johnson, Terry Taylor, Ryan Andersen, Craig Meyocks, and Ken Mandell,

1.  Approval                  1.  Approval of agenda

       2.  Review & approval of the minutes of the July 30, 2013, monthly DVLA Board meeting.

       3.  Reports:

             A.  President’s message – Jim Johnson

      B.  Fire Department Report – Chief Maciej Szczerbiak

      C.  Financial/Secretarial Report – Carol Clason

      D.  Committee Updates:

            i)    Financial – Terry Taylor

                   ii)   Architectural Review – Ken Mandell

                   iii)  Public Safety – Mac Thomson

                   iv)  Social/Insurance – Craig Meyocks

                           a.  Report from the SSD Water Committee Representative 

                   v)   Public Properties – Craig Meyocks   

       4.  New Business:  None Proposed

           

       5.  Old Business:  None Proposed 

            

       6.  Comment and discussion by landowners

    

7.  Adjournment

The meeting of the Board of Trustees is an open meeting so that DVLA members can observe the official proceedings of the Board.  Time is set aside prior to adjournment to allow members to address the Board on issues relevant to the DVLA.  Members who wish to address the Board must be current with dues and must follow the meeting protocol.

 

Draft Minutes of July 30, 2013, Monthly DVLA Board Meeting

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