Tuesday, October 30, 2007

Minutes - DVLA Board Meeting 10/30/07

Minutes of the Regular Monthly DVLA Board Meeting October 30, 2007

Board Members attending: Jerry Yurek, Mike Barker, Crystal Phillips, Alan Strebeck        Absent: Cyndy Johnson

Twenty four landowners were in attendance.

Vice President Jerry Yurek called the meeting to order at 7:00pm. 

1.  Approval of Agenda

MOTION was made by Crystal Phillips to accept the amended agenda, Alan Strebeck seconded the motion.  The motion was passed.

2.  Review & approve minutes of the September meeting.

MOTION was made by Alan Strebeck to approve the September minutes.  Crystal Phillips seconded the motion.  The motion was passed

3.  President's Message
Jerry Yurek told the group that he had been traveling to a lot of different places over the last couple of months.  He found that he appreciated our Valley even more upon his return.

4.  Review & approve financial reports - Stella Callagee

Stella Callagee reported that only one lot remained with unpaid dues and it was in the process of being sold.  The title company had been sent an invoice with the applicable late fees.  Also, there was one landowner who had paid the yearly dues amount of $270 in October but did not include the late fees.  Since the landowner had not requested a special payment plan from the Board an invoice for those late fees had been sent out. 

MOTION was made by Crystal Phillips to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

5. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  There were no fires in the past month. He said that the wildland fire season is pretty much over and now the department is gearing up for possible structural fires which occur more in the winter.  He encouraged landowners to get their chimneys and wood burning stoves cleaned.  He was unsure on the requirements for gas stoves but cautioned landowners to also make sure they were ready for the winter season. 

The department responded to two medical calls, both fatalities.  One call was in the Valley and the other at Baker Reservoir.

The Chief welcomed a new fire fighter - Max Sorenson.  He also thanked Ned and Mary Cordery for making a CD of pictures from the annual department party. 

The Chief thanked the landowners who were volunteering to man the burn pile gate.  The burn pile is open the first and third Saturdays of each month.  As of November 1st Chief Talbot is able to give landowners a permit to burn on their own property.  Call the Chief and he will go over the burn permit requirements with you.  Alan Strebeck added that the burn pile Saturdays are manned through 11/17/07.  If landowners would be willing to help after that date they can contact the Chief or a Board member.

The Chief asked for a donation of a junk car for extrication training.  He asked that if someone has a car to donate, they call him.

The Chief reported on the status of the County repeater station.  There is a station on Flattop Mountain which sends out 911 pages to this area, including Enterprise, Veyo, Diamond Valley and Dammeron Valley.  The problem is that the site is very vulnerable to lighting strikes.  After the latest strikes the repeater is only about 40% functional.  This means that 911 pages are sporadic, at best.  The repeater is owned by the County Chiefs Association and each repair can be as much as $100,000.  Over the past years the County Emergency Services Dept. has been making the repairs by using their budget funds.  The County can no longer afford to do this and if each Chief in the area was to try to fund the repairs it would be over $20,000 per community.  As the Chief pointed out, his yearly budget for the fire department is just about that amount.  The Chief advised the Valley landowners that the Chief's Association is working on a solution to this problem and asked that individuals not get involved at this point.  The Chiefs would be making a presentation at an upcoming meeting with the County and he was hopeful that there could be a reasonable solution worked out with the County.  He added that the Dixie Regional Medical Center provides medical direction for the volunteer emergency services and they are aware of the repeater problem.  They will be working with the Chiefs too on a timely solution.  He promised to report back at next month's meeting.

A landowner asked about the DVLAs liability because of this situation.  The Chief responded that there is no liability.  The level of service provided by the Dammeron Valley Fire Department and the others is that of a volunteer, unlicensed service.  It is a Good Samaritan effort and therefore does not carry the liability of a licensed service.

The Chief made a request for volunteers from the Pinion Hills "top" section.  It is a high risk area and he is concerned that the department does not have any members who can provide assessment during an emergency.  If you can help out, please call Chief Talbot.


b. ARC
Trustee Assignments: October - Crystal Phillips, November - Jerry Yurek, December - Alan Strebeck, January - Mike Barker

Lance Cornwall, Chair of the ARC, did not have any activity to report for the past month.

c. Trustee Reports
1.  Crystal Phillips reported that the big door for the Community Center has been fixed so that water will not be able to get under it.

2.  Jerry Yurek introduced Mac Thomson to talk about the Community Fire Safe program.  Mac urged those taking advantage of the burn pile reopening to make sure they fill out a matching funds sheet documenting their efforts.  The Valley receives approximately $17.00/hour of in-kind services from the State.  Ned Cordery is the coordinator for the chipping machine program that is available to landowners.  Contact Ned if you would like the State to chip brush on your land, for your use, or to be hauled away.  Those operating the chipper work under the direction of the landowner.

3.  Alan Strebeck said that the Board hoped to have a speaker come to a future meeting to talk about noxious weeds.  Alan was advised that there is a business just past IFA called Steve Reagans which can provide landowners the best products to get rid of tumbleweeds and Russian thistle.  Alan noted that Russian thistle, though problematic, is not classified as a "noxious" weed.  As discussed at the last meeting he said that the CC&Rs do say that landowners must maintain their property.  Landowners will be notified when a speaker can come to an upcoming Board meeting.

4.  Alan Strebeck also asked the Board members to review a document he had sent to them in respect to establishing meeting protocol.  He asked that they send him their feedback.

6. Old Business
a.  Mike Barker reported on water issues.  The County is aware of the problems in Dammeron Valley.  One of the early objectives of the report was to advise bidders of the adjacent State Trust Lands up for sale of the ramifications of development in the natural wash areas.  It turned out the land had been closed ahead of time with one bidder.  The committee putting the information together was getting it all onto a CD which would be given to the County.  Landowners had given the committee additional pictures of drainage problems from the Bonnie Springs area - which was affecting lots in the Ranches.  Sally Musemeche told the Board that she had been on planning commissions in the past and she felt it was important that the County Planning Commission also be made aware of the drainage problems as they looked at future development.  She recommended a letter be sent to the Planning Commission.

7. New Business
a.  Landowner Eddie Zawacki talked about severe flooding problems she had experienced due to a neighbors wall diverting water onto her property.  The County Public Works had advised her that it is illegal for an individual to change the water flow.  It becomes a civil matter that an individual landowner must pursue.  Discussion by the landowners present pointed out that as development occurs in the Valley there will be more problems like those experienced by Eddie Zawacki.

Landowner Bob Reever talked about his experience with flood insurance.  In the past he had been able to get flood insurance for a minimal amount.  Recently when he contacted his agent it had risen to $700/year.

b.  The Board discussed Christmas Party assignments.  Some of those involved were not at the meeting so Crystal Philips was going to continue checking on where folks where with the different parts of the party.  It will be held the first Monday of December at the firehouse.  A flyer was going out to all landowners in the water bills.

c.  Laurie Foremaster is proposing an Annual Meeting ballot item to limit the number of animals on lots.  She had sent the Board a letter which she asked be made a part of the minutes.  (See attachment to these minutes).  She said that there are properties which are making the Valley look trashy and the cause is a large number of animals on those lots. 

Alan Strebeck reported that he had gone to meet with Attorney Patterson of the County.  There is a process that an individual can go through with the County to ask for a change in the zoning laws - in this case to affect the number of animals on the 5-acre lots.  It was a procedure that the County takes seriously and would involve public input and meetings.  Alan told Laurie that she should talk with Attorney Patterson.

Attorney Patterson also told Alan that a homeowner's association could make a County regulation more restrictive.  But if it did, that entity was entirely responsible for enforcement of the rules voted in.  The County did not enforce homeowner rules.    Alan asked what kind of enforcement the DVLA Board could do.  Landowners in the past had only voted for a $2,000 legal budget and making any changes such as this would require a lot of legal advice and possible litigation.

Jan Yergensen asked the question - why do we need a homeowner's association if the rules are not enforced?

Bob Reever said that he was a retired lawyer and would be willing to work for free with Laurie Foremaster on drafting a ballot issue for the Annual Meeting.  He recommended a series of fines and liens on properties.

Alan Strebeck said that the By-laws had a process for submitting ballot items for the Annual Meeting.  The ballot item had to be submitted to the Board 60 days before the Annual Meeting. 

Lance Cornwall stated that he had bought a 5-acre lot so he could have horses.  If the DVLA was going to start limiting the number of horses he and others would be driven out.  Stella Callagee supported Lance's comments and pointed out that everyone's property values would be affected by such an action.  Laurie Foremaster responded that trashy looking properties also affect property values.

Fran Perue asked why the landowner referred to in Laurie Foremaster's letter was allowed to move into the Meadows.  The Board pointed out that there is no limit on the number of large animals in the Meadows subdivision.

Stella Callagee referred landowners to copies of the past minutes where Cyndy Johnson had obtained information concerning who to call in the County if neighbors were experiencing health related issues due to problems on another property.  She also made available to those attending copies of the September 2005 minutes when Attorney Patterson had come to the meeting to talk about the RA-5 lots. 

Landowner Barbara Hjelle said that in her opinion a vote of the DVLA on this issue would not be binding.  She said that the expense of subsequent litigation would be substantial for the DVLA.  She encouraged the Board to take a vote to not accept this as a ballot issue and refer the landowner back to the County.

Bob Reever said he did not agree with Barbara Hjelle.  He was offering to help write the ballot issue for free.  He wanted to avoid the need to see lawyers involved and going to court.  Fines could be imposed and liens put on properties.

Sheri Mandell said that she had written a letter to the Board several months ago about the particular property in the Meadows.  She agreed that fines should be set-up if landowners are not following the CC&Rs.  Alan Strebeck said that the County contact he had for complaints about problem properties was: Kent Gardner at 435-634-5714.  He advised landowners to take their complaints to the County.  Sheri Mandell said that the Board now had more than two complaints about a particular property.  She felt that the landowner's association had more power than an individual and she felt the DVLA Board should also place a call to Kent Gardner, telling him of the complaints that had been brought to the Board.

Sally Musemeche warned of selective enforcement.  If the DVLA is going to start looking at the number of large animals issue then there were other violations that needed to be addressed. 

Jerry Yurek closed the discussion by thanking those who had offered their opinions and insights.  He said it was a complicated issue and he saw the many sides as presented tonight.  The DVLA Board does not have an instant answer and there needs to be further discussion by the Board.

8. Adjournment 8:30pm- MOTION was made by Mike Barker to adjourn the meeting, Crystal Phillips seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Thursday, September 27, 2007

Minutes - DVLA Board Meeting 09/27/07

Minutes of the Regular Monthly DVLA Board Meeting September 25, 2007

Board Members attending: Cyndy Johnson, Mike Barker, Crystal Phillips, Alan Strebeck                  Absent: Jerry Yurek

Twenty one landowners were in attendance.

President Cyndy Johnson called the meeting to order at 7:00pm. 

1.  Approval of Agenda
Cyndy Johnson said that item 7e, concerning recycling, would be postponed to a future date.

MOTION was made by Crystal Phillips to accept the amended agenda, Mike Barker seconded the motion.  The motion was passed.

2.  Review & approve minutes of the August meeting.

MOTION was made by Mike Barker to approve the August minutes.  Crystal Phillips seconded the motion.  The motion was passed

3.  President's Message
Cyndy Johnson said that she has been attending a special class taught at Dixie State College by Tim Eicher.  The course is about strengthening relationships.  One of the important ideas discussed is about the need to recognize other people as people and not objects.  With the recent flooding issues she urged everyone to recognize their neighbors as having the same concerns and personal issues as themselves. 

4.  Review & approve financial reports - Stella Callagee

MOTION was made by Crystal Phillips to accept the financial reports, Mike Barker seconded the motion.  The motion was passed.

5. Reports

a. Fire Department
Chief Talbot gave the report for the fire department.  There were no fires in the past month.  The department responded to two medical calls.

There are three new volunteers in the department: Kathy Mason - fire fighter/EMT; Clint Andersen - fire fighter; Scott Baliff - fire fighter.  The fire fighter of the year award has been awarded to Maciej Szczerbiak.


The department had recent training on building construction.  It is important for fire fighters to understand aspects of construction in the event they need to breech a building.  Upcoming training for the department will be on ropes.

The fire house has a new generator which will be able to power most of the building in the event of an emergency.

The burn pile will be reopened on a limited basis starting October 1st - two Saturday mornings a month from 8:00 - Noon.  Two landowner volunteers will handle the gate.  A list of instructions will be supplied concerning which materials can be accepted - rule of thumb, no man-made materials and also no manure, hay or hay cubes.  In November the fire department will start burning off the burn pile.

Kyle Talbot reported also for the park - there is a landowner who wants to buy the old park swing for $100.  This was approved.

b. ARC
Trustee Assignments: September - Cyndy Johnson, October - Crystal Phillips, November - Jerry Yurek

Lance Cornwall, Chair of the ARC, gave the report.  The committee granted the following approvals - two fences: Canyon Trails lots 12 and 30; replacing stucco - Meadows lot 8; a new shed - Homesteads lot 21; a garage - Ranches 28 and a porch - Homesteads 53.

c. Trustee Reports
1.  Crystal Phillips reported that the Community Center has been stained and the trim repainted.  The next project will be to finish the inside.  A work party is being put together.

2.  Cyndy Johnson said that Kim Ahrenholtz is working on the kiosk for real estate information.  Kim spoke about the project.  At the current time there are about 15 homes on the market, two or three of them are for sale by owner.  There are also about 20 lots available for sale.  The kiosk will be placed near the mailboxes and provide a place where flyers can be placed.  The idea is to cut down on the number of signs placed at the entrances.

3.  Cyndy Johnson reported that highway clean-up will be held October 29th.

4.  Cyndy Johnson said that the DVLA will again ask for a Christmas gift for the park or community center.  Last year was the first time for this effort and it had been successful.  Landowners could give a donation in lieu of gifts to their neighbors and the donations would be acknowledged.

6.  Old Business
a. Update on flood response
Mike Barker reported that the response effort has not proceeded as quickly as expected.  The information for the County is being put together.  He has spoken with the County and he was told there were a lot of areas severely affected by flooding and Dammeron Valley is not at the top of the priority list.  A petition to be sent to the County is being put together for landowners to sign so that the Valley will present a united front.

Clara Hoppal talked about a problem in her neighborhood where boards had been put in the culvert to divert water away from a lot, only to go onto other lots.  She had called the County and they had responded right away. 

Cyndy Johnson urged landowners to also make individual calls to the County about flooding issues.  She thanked those who had helped with the sand bagging effort.

b.  Status of dues collection
Stella Callagee reported that there are six unpaid lots remaining.  Liens will be placed if payment is not received within the next month.  Monthly invoices with a letter expressing the Board's concern and the steps in the lien process are being sent to the landowners.

7. New Business
a. Weed control and abatement
Lang Foremaster said that the weed problem is getting worse.  The goatheads and Russian thistle are widespread.  Russian thistle is highly flammable and will blow into the sagebrush, creating a fire hazard.  Those landowners who destroy the natural land cover are only making a fertile area for weeds to become reestablished.  The CC&Rs say that landowners are suppose to keep up their property.  These weeds need to be cleaned out in the Spring, before they are allowed to mature.

Lang Foremaster asked the board to form a committee which would handle weed control.  The committee will remind the property owners of the need for weed control.  The DVLA would enforce the weed abatement violations.  The committee would take on projects such as sending out flyers with information.  He would be happy to serve on the committee.

Cyndy Johnson said that she had talked with the County employee responsible for weed control.  The County had done some spraying in the Valley but not before the goatheads had gotten established.  The County asked that the landowners let them know when they start to see these weeds in the Spring.  The County can then take steps to spray while the plants are young.

Mike Barker said the enforcement part of the proposal is problematic as there is just a short period of time when the weeds can be eliminated.

Crystal Phillips suggested that when the weeds start to show that the Board have Karen send out an email to landowners alerting them to the need to get rid of them.  Lang Foremaster said that goatheads are sensitive to herbicide.  The seeds need to be killed too as germination is timed.  Landowners need to be consistent when working to eradicate them. 

Wayne Staab said the committee would be a good idea to help educate landowners about weeds. 

The Board decided to establish a Weed Abatement Education Committee.  They are looking for volunteers to join Lang Foremaster in this effort.  Interested landowners can contact a Board member.

b. Review of Watts fence request
The ARC had denied the Watts fence (lot OFSo 05) request due to the materials being proposed for the fence – pipe.  The fence will be in the greenbelt area.  The Watts pointed out the CC&Rs say "may" in describing materials about the posts. The Watts asked for a variance from the Architectural Guidelines which specified wood materials A landowner suggested that if a variance is granted that it be very specific so that narrow pipe fencing does not start going up. 

MOTION was made by Alan Strebeck to accept the fence as proposed by the Watts with the following specific requirements - 4 inch posts and rails that are 2 7/8 inches.  Crystal Phillips seconded the motion.  It was passed by a unanimous vote.

c. Report on Homeowner Association Seminar - Legality of Fines
Cyndy Johnson attended a seminar about the legality of fines.  In order to levy fines a homeowners association has to have this process allowed in their governing documents.  Her reading of the DVLA documents would support fines.  The DVLA would need to police the process.  The Utah code involved in the fine process requires a lot of follow-up and diligence. 

d. Neighborhood Watch
The watch group has had their first meeting.  Right now only a couple of neighborhoods are not covered.  The group is looking into some sort of notice or sticker that can be put on phones and signs that can be put up in the Valley.

e. Realtor and private signs
Signs in the Valley can only be a five foot span.

f. ATV use in the Valley
Kevin Dye talked about those who want to access BLM trails using Valley streets as access points.  Alan Strebeck pointed out that there are no designated ATV trails immediately around Dammeron Valley. 

Kevin said that he would like to put up signs that tell riders to slow down and not create dust.  A landowner pointed out that where ATVs are traveling now in the Valley - streets, along SR-18  are not legal routes.  Therefore putting up signs would try to make something that is illegal appear legal.

Chief Talbot said that his house is near an access point to BLM lands and he has had zero problems with the ATV riders.  Other landowners said that their experience has not been the same.  There is excessive speed and dust, and riders agitate horses.

Cyndy Johnson and the other Board members encouraged the responsible ATV riders to educate those who are causing problems.  Alan Strebeck referred ATV riders to the letter the Board had sent out as it provided links to trail system information and the laws about ATV operation.

g. Water Company Issues
Cyndy Johnson said that in response to requests the Board would try to set-up a meeting with the Water Company so landowners could come with their questions about the changes in water use charges. 

7. Adjournment 9:20pm - MOTION was made by Alan Strebeck to adjourn the meeting, Mike Barker seconded the motion.  The motion was passed.

Stella Callagee
Recording Secretary

Tuesday, August 28, 2007

Flood Survey Report

Flood Survey Report
Independent surface water flooding; locations, evaluations and recommendations related to severe storm on August 1, 2007

Participants:
Roger Phillips, Dammeron Valley resident
Brooks Pace, DV resident and developer
Mac Thomson, DV resident

On August 14, 2007, the participants began the review aided by an aerial photo showing highway 18 and Dammeron Valley.  Noted on the photo were highway culvert locations and sizes of culverts noted in 2005, as well as approximate water flow locations in Dammeron Valley following that year's above normal storm.

Using the photo and subdivision overlay as references, the following are our approximation of problem areas as well as recommendations to either reduce or negate future storm water damage to residences and/or property.

Our review started at mile marker 16 on highway 18 and proceeded north on highway 18.  Culvert #1 is located approximately 200 yards north of mile marker 16.  It is + or - 5'6' in diameter.  Debris is piled 18-24 inches above the culvert neck on the highway road bed.  It could not handle the water volume from the drainage channel and the surplus water headed north parallel to the highway and began to cross the highway moving west and did that continuously for over two miles according to debris flow patterns as well as Thomsons observations during the August 1 storm.

What waters did pass through the next two culverts as well as over road flow also took a westward flow pattern into the Dammeron Valley development beginning at the southeast corner of Dammeron Valley causing some surface damage to two lots. 

All water crossing highway 18 (from 1' to 12' +) westbound entered Dammeron Valley in sheets or flow and proceeded northwesterly across properties.  The most severe damages were related to:

    Homestead Road west and intersections at Meadow Drive
      Old Farms Drive and Dammeron Valley Dr. West
   
At all these intersections there is no sign of adequate or existing drainage nor culverts.  Several homes were damaged on Old Farms Rd.

Water then proceeded northerly along Old Farms Rd. to Dammeron Valley Dr. West and was further increased in volume by a westerly highway overflow to approximately mile marker 18.  These waters either flowed through the east side of the Old Farms subdivision or west on Dammeron Valley Dr. West where they crossed the road and continued west through a pasture then followed a fence line and were joined by the northerly flow which had crossed Orchard.  These combined waters damaged property on Orchard, crossed Wild Herb Rd. prior to Coyote Way and damaged 2 more homes.  The flow continued west on Coyote Way to the large lake that normally accumulates at Coyote Way and Homestead due to a lack of a culvert or ford.  The water from that point tends to follow Homestead west, building from overland flow from the north and east until it leaves Homestead after running over and through several lots and crossing in to and across Sand Cove Circle and 3 lots there including the west end of the Pinion Hills leach field ending up at Upper Sand Cove reservoir area.

The east side of Dammeron Valley from highway 18 was primarily affected by overland water flow beyond that which the Bonnie Springs normal channel could carry, across highway 18 westward damaging properties at the end of Carter Pond Rd.

Recommendations:

UDOT replace culverts #2 and #3 with a second high capacity culvert similar to culvert #1 and direct that water southwest to join that flow of culvert #1 for natural drainage westward. 

Develop a large barrow ditch from culvert #3 parallel to highway 18 on the east side, north to the north end of Dammeron Valley west (natural Bonnie Springs drainage to Sand Cove) and block off existing east to west culverts ( 3 through 13); use either fords or high volume squash culverts for east entrances to Dammeron Valley and side roads on east side of highway 18.  Use high capacity box culvert to carry entire flow east to west under highway 18 to natural channels ending up at Upper Sand Cove area. 

Washington Co. Road Department.  Correct/upgrade all roadside barrow drainages within subdivision and install proper culverts and right-of-way armoring.  Require all landowners that need culverts to install code required sizes. 

Install adequate culverts at all intersections to direct water to desired locations.

Reinstall the ford at the end of Carter Pond Rd. or at least culverts of a capacity to carry newly directed flow or as a minimum, the capacity of water now directed by the 4 each 36” culverts that cross highway 18. (identified as 14-17) at the natural Bonnie Springs drainage location.

Direct water parallel to Homestead Drive westerly to the Dammeron Valley SSD lot/Pinion Hills leach field into a ditch running northerly east of the leach field to protect the leach field and Sand Cove Circle homes.

Washington Co. Road Department could consider capture of the westerly water flow at Wild Herb Rd. and direct it north to State land after crossing Coyote Way in a ditch to reduce total flow west on Coyote Way.

Washington County should look at existing building codes and modify if necessary the height of new home pads/basement walls, above ground surfaces, if street water flow is anticipated in newly developed areas.

Dammeron Valley Developers:

Anticipate high surface water flows based on natural topography when creating new CC&Rs for future subdivisions in Dammeron Valley and realizing that with each home built, there will be more water run-off even on gently sloping lands.  Surface vegetation or other features for landscaping should be encouraged to slow water flow and encourage percolation versus run-off.

All Dammeron Valley Residents:

Landscape as necessary to not only protect your own homes but also so as not to create greater hazards to your neighbors downstream.  Try to slow surface water to aid percolation - not funnel it so that it channels, erodes and washes debris downstream