Draft Minutes for the September 25, 2012, Monthly DVLA Board Meeting

Draft Minutes of the DVLA Board Meeting of September 25, 2012

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

Board Members attending:  Bill King, Mac Thomson, Terry Taylor, Jim Johnson

                              Absent:  Julie Cropper

                                        

President Bill King called the monthly DVLA meeting to order at 7:00 p.m.

1.  Approval of the agenda:

     A MOTION WAS MADE by Jim Johnson and SECONDED by Terry Taylor that the agenda be approved.  Motion carried.

2.  Review & approval of the minutes of the August 28, 2012, monthly DVLA Board meeting:       

Terry Taylor MADE A MOTION that the minutes for the August 28, 2012, monthly DVLA Board meeting be approved.  SECONDED by Jim Johnson, and the motion carried.

3.  Old Business:

     a.  Development of a policy for handling landowners’ concerns

          A form “Community Concern Request” was presented to the Board by Sheri Mandell for consideration when determining the policies for handling landowners’ concerns.  She also indicated that most of the covenants in the subdivisions of Dammeron Valley are labeled “protective covenants”, other than CC&R’s.  The development of a policy for handling landowners’ concerns will be on the next DVLA monthly meeting agenda.

     b.  Ongoing discussion of a Special Service District for the fire department

          Eric Clarke, County Attorney, was unable to attend this evening’s meeting.  A special meeting dedicated mainly to a discussion of a Special Service District was tentatively set for October 9 at 6 p.m. at the truck bay area of the fire department.  The focus of this meeting will be to educate landowners on the pros and cons of establishing a Special Service District for the fire department and to learn the requirements and procedures involved in that process.

     c.  Update on complaint by Jill Petersen regarding flooding problem

           No report on this concern.         

4.  New Business: 

     a.  Development of current collection processes to be incorporated into association policies

           Following is a listing of the processes currently in place to collect dues.           

               1)  Invoices listing membership dues for the year to be mailed to all landowners before May 31 of that year (within approximately two weeks of the annual meeting).  Invoice must identify the amount of the new dues that were voted on during the month and the property involved.  There must be a statement (also included in the proposed budget) listing a late fee of $15 per month for every month the dues are not paid after June 30.

              2)  The second and final invoice for the year to be mailed by August 31 indicating that if the dues are not paid or arrangements made for payment by the end of September, a lien will be filed against the property.  (Experience has indicated that third and fourth invoices resulted in no response from the landowners with delinquent accounts.)  Late fees that have already accrued will be included in the dollar amount owed, and a statement will be made indicating that lien fees – including certified postal fees - ($30) will apply if a notice of lien has to be filed.  Any landowner owing monies from previous years also will be informed that their account will be turned over to the Association’s attorney, automatically incurring an additional $350 attorney collection fee, if their account is not full paid during September.

               3)  Notices of liens to be filed on any properties that have unpaid dues by the end of September, with a certified mailing forwarding a copy of the recorded lien to the landowner.  (Postal certified number to be included on the lien, per attorney.)

              4)  At the end of September turn over to the attorney any landowner account for which monies from previous years are still owing.  At this point, the secretary no longer has control of the account and refers all contacts regarding the applicable properties to the attorney.

              5)  If information is received that a property owner and billing address  have changed during the billing process, the current landowner will be given thirty days after receipt of an invoice to pay the dues without the late fee penalty.  (It is the responsibility of all landowners to inform the Association of changes in owners and/or billing addresses.)

             6)  If landowners do not feel they can pay $300 at one time, they have been encouraged to make payments beginning in January (before the annual meeting) so their dues will be full paid when due.  (Prepayment instead of after-the-fact.)  

          This information is to be considered by the Board members when developing a policy for collection of delinquent dues which will be included in next month’s agenda.

5.  Reports:

     a.  President’s message – Bill King

           During this year, the Board members have actively pursued a number of issues and have been diligent in enforcement of the CC&R’s/Protective Covenants.  Concerns that have been brought to the attention of the Board members have been addressed and resolved, when applicable.            

     b.  Fire Department Report –  Chief Maciej Szczerbiak

           Administrative changes during the previous month includes the addition of Fire Captain Roger Carsten to the ICS staff, plus his designation also as a training officer.  Presently the chain of command is as follows:  1)  Fire Chief Maciej Szczerbiak, 2) Deputy Chief Jay Workman, 3) Fire Captain Kevin Dye, 4) Fire Captain Roger Carsten, 5) Fire Captain J. R. Baird, 6) Team leader Kathy Szczerbiak, 7) Team leader Don Wallace, 8) Engineer Jim Petersen, and 9) Engineer Lance Cornwall.

            The insurance on the Chevrolet Suburban has been canceled; the vehicle has been inspected by the State and is to be picked up shortly.

            One more volunteer, Dallas Hyland, signed up last week.  The fire department is applying for state firefighter license plate grant.  Purchase of additional Wild land PPE and also rope rescue equipment in order to certify the fire department as a rope rescue team was suggested.  Permission was asked of the Board members to set up a Dammeron Fire and Rescue website which will provide a platform to discuss options and benefits available to the community through the fire department.  The cost would be $140.00 per year.  Bill King asked that this item be added to the agenda for the October 9, 2012, special meeting so that work can begin on developing the website.

           Washington County Fire has issued fire restrictions as of September 7 through October 27, 2012.  Burning of debris is allowed only by fire permit issued by the Dammeron Valley Fire Chief.

           The Dammeron Valley Fire Department is hosting/participating in the Washing County Fire Academy FF 1 class which is a combined effort between Ivins, Leeds, Diamond Valley, and Dammeron Valley fire departments.  Last Thursday, as hosting fire department, pizza and beverages were provided to the class.  Six Dammeron Valley personnel will be attending the Trauma Conference to be held on September 29.  The EMT B course starts October 22.

          Since August 25 the fire department has had seven EMS emergencies, two car accidents on SR 18 in Diamond Valley, and five medical emergencies.  The department responded with

B 13-1 and B 13-4 trucks to community flooding issues on September 11.  Accompanying flood health problems included farm animal contamination, septic tanks, and general household chemicals. 

           Four fire departments are interested in Brush 13-2 which has been offered for sale at an asking price of $9,500.  We will follow up on any offers in an effort to sell the vehicle within the near future.  Engine 13 currently needs specialized valve repair work; we should be able to have this work performed locally. 

           NFPA approved EMS supplies were purchased which included gloves, spinal care kit bags and decontamination kits.  FF1 books and test materials for internal fire fighting training have been purchased.  An inventory of all fire department PPE’s, tools, tables, chairs, etc. is being completed.  All portable fire extinguishers at the fire house and in all the vehicles have just been tested/inspected and certified.  A washer and dryer need to be installed at the fire house so that contaminated uniforms and other fabrics can be cleaned on site, rather than taken to homes.  This is a law when dealing with contamination issues.  Permission was asked of the Board that bids be secured for completion of the landscaping around the fire house. 

     c.  Financial Report – Carol Clason

          During September, approximately 55 invoices were mailed to landowners who had not yet paid their 2012-2013 dues.  Many of the invoices have to be customized as some landowners owe for more than this year; have made various periodic payments that have to be taken into consideration.  Some have to be told of pending lien filings; others of the possibility of being turned over to the attorney for collection, with the resulting $350 fee.  Seven properties, in addition to those already sent to the attorney, are ready to go in for collection, if no contact is made by the end of the month.

     The lien fee charged by the Association had to be increased from $20 to $30, due to the advice from the attorney to mail certified notices of lien to each landowner.  The lien fee will include this postage plus the filing fee charged by the County Recorder's office.

     If you look at your balance sheet, you will see that the very first item under "Checking/Savings" is a CD held at U.S. Bank for $50,000.  This was opened during September only after there was enough monies to cover this year's budget plus some additional emergency reserve monies (approximately $35,000).

     The insurance for the Chevrolet Suburban owned by the State that is sitting in our driveway has been cancelled.  We intended to insure it until it was picked up, but since it has been over a month from the time they were notified, we went ahead and cancelled the coverage.

    d.  Committee Updates:

           i. Finance – Terry Taylor

              Comparison between the on-line bank statements and the financial statements submitted in tonight’s financial report indicates that all bank account balances match.  The only discrepancy was in the U.S. Bank fire department operating bank account where one outstanding check for $244.00 to pay the monthly fuel bill had not yet cleared the bank.   When totaling this check and adding it to the appropriate account, the Association account balances match the bank statement balances.      

           ii. Public Safety – Mac Thomson:

               The anticipated work in Dammeron Valley by the County road department was superseded by the recent emergency in Santa Clara.  It is not known if or when the engineer will be able to address the flood issues in Dammeron Valley in the near future.

               The county personnel, who handle the weed issue, returned and sprayed the burn pile since they had determined it to be a public area in the valley.              

           iii.Social/Insurance – Jim Johnson

               No report submitted.

           iv. Architectural Review  - Gary Jensen

               Plans for two houses in the Canyon Trails subdivision were approved this past month.

           v.  Public Properties – Julie Cropper

                No report submitted.

               

6.  Comment and Discussion by Landowners:

      One landowner requested that the Board members listen to what the landowners have to say rather than argue with what is being said.  Also, he asked that all participants use appropriate language at all times, especially when ladies are present.    

7.  Adjournment:       

     A MOTION WAS MADE by Jim Johnson to adjourn the meeting.  It was SECONDED by Terry Taylor, and the meeting adjourned at 8:40 p.m.

Special DVLA Meeting October 9 at 6:00 p.m., bay area of the Fire Station

A presentation by the Washington County Attorney, Eric Clarke, on the subject of Special Service Districts will be given at the special DVLA meeting to be held on Tuesday evening, October 9, at 6:00 p.m. in the Fire Station truck bay area.  There may be other speakers, but the focus will be on the requirements and procedures to form an SSD for fire protection. There is a current consideration for a SSD which would be for Dammeron Valley alone, and the DVLA Board wants to make sure DV residents get accurate information on the process.

Draft Minutes of the 8/28/2012 Monthly DVLA Board Meeting

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 DVLA Board Meeting of August 28, 2012

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

Board Members attending:  Mac Thomson, Terry Taylor, Julie Cropper, Jim Johnson

                              Absent:  Bill King

                                        

Vice President Mac Thomson called the monthly DVLA meeting to order at 7:00 p.m. (A question was asked from a landowner as to why Julie Cropper was not officiating.  New officers had been elected on May 29, 2012, and Mac Thomson is presently the Vice President, replacing Julie Cropper from the previous year.  Bill King, President, had delegated the Vice President to officiate, but other board members had not recalled the changes from May.)

1.  Approval of the agenda:

     A MOTION WAS MADE by Jim Johnson and SECONDED by Terry Taylor that the agenda be approved.  Motion carried.

2.  Review & approval of the minutes of the July 31, 2012, monthly DVLA Board meeting:       

Jim Johnson MADE A MOTION that the minutes for the July 31, 2012, monthly DVLA Board meeting be approved.  SECONDED by Terry Taylor, and the motion carried.

3.  Old Business:

     a.  Legal enforcement against landowners who have delinquent dues – Carol Clason

          During the first month after the attorney mailed out the collection letters from his office, $6,202 was collected on very old past due accounts.  Of that amount $875 is due to the attorney for his fee.  He adds $350 attorney fees on each account he is handling and collects that amount from the landowner.  The total amount collected, including his monies, is turned over to the Dammeron Valley Landowners' Association.  On the balance sheet for 8/25/2012, there is listed a current liability account showing $875 presently due the attorney.  These are monies that have already been collected by his office and will be paid upon an invoice from him listing the collection fees due.  As an example of how this is working, there were four landowners who owed dues from 2008 to present.  There had been no contact from these landowners for five years, and now two out of the four owing have full paid.  The attorney does have several landowners who are disputing what is owed, and he will proceed with enforcement if they do not comply.  This could not be happening without the expertise and legal abilities of the attorney.

     b.  Homeowner’s complaint of CC&R violations on neighbor’s lot –

          One landowner whose property has CC&R violations concerning items piling up on his lot received a noncompliance letter from the attorney.  The landowner contacted several members of the board who informed him that he had to proceed through the attorney who would tell him what he needs to do to come into compliance.

4.  New Business: 

     a.  Announcement of new fire chief, Maciej Szczerbiak (aka “Magic” or “Chief” for user ease)

          Maciej Szczerbiak was introduced by Vice President Thomson as the new fire chief.  Chief Szczerbiak thanked the board for entrusting him with the responsibility of fire chief and would speak further during the Fire Department report.

     b.  Purchase of laptop for the association

          $1700 was previously set aside for the purchase of a laptop for the Dammeron Valley Landowners’ Association.  This was to include the laptop, QuickBooks software, and Microsoft Office software.  QuickBooks and Microsoft Office have been purchased previously so the estimated total cost of the laptop, including added memory and operating systems should be about $700.  A Dell computer on line was suggested as a good buy for the association. Julie Cropper MADE A MOTION that the laptop, and necessary additions, be purchased not to exceed $1700.  Jim Johnson SECONDED THE MOTION, and the motion carried.              

     c.  Review of the process in place for handling landowner complaints

          Jim Johnson suggested that landowner complaints be submitted to the Board in writing and be signed by the person submitting the complaint.  Mac Thomson indicated that some previous Boards have accepted all complaints, written or oral, that were brought to the attention of the Board and several members would visit the property owner involved to verify the problem and pursue a resolution.  There are no written records of a formal complaint process that has been in effect over the years.  Jim Johnson requested that the issue be considered by the Board during the next month and that it be included on the agenda for the September monthly meeting. 

     d.  Discussion of consideration of a Special Service District for the fire department

          Approximately five years ago, a Special Service District was set up to handle the Pinion Hills community septic system.  The committee consisted of the Washington County Commissioner and persons impacted by the system in Pinion Hills.  The members of the committee did not work well together and eventually the landowners from Pinion Hills stopped going to the meetings.  Since that time, the Washington County Commission has run that Special Service District.

         The second set of Special Service Districts proposed was for fire and emergency medical services county-wide.  Dammeron Valley had the opportunity to join Winchester Hills, Diamond

Valley, Veyo , Gunlock, Brookside, Central, and Pine Valley.  Dammeron Valley, Diamond Valley, and Winchester Hills did not join this SSD.  Dammeron Valley residents did not join primarily due to the fact that we had purchased considerable equipment to upgrade our fire department to a #1 department, and some of the other towns had very little to contribute financially to the SSD at the time.  Since then, Diamond Valley and Winchester Hills have both created a SSD for each community.  All those communities, except Dammeron Valley, are now members in a SSD – a political designation.  Some of the benefits would have been that Dammeron Valley would not have had to pay for the licensing and sales taxes on the vehicles.  Presently we are not a governmental agency, but a privatized organization that cannot enter into memorandum of understanding with governmental agencies.  There will be a meeting during September to discuss Special Service District fire and emergency medical services as the primary topic.  If there is enough membership interest, voting on this issue could be included on next May’s annual meeting agenda.  The Special Service District in question would involve only Dammeron Valley and would not include surrounding towns.          

5.  Reports:

     a.  President’s message 

          Information is being provided this evening on Special Service Districts in an attempt to share an understanding of the protocol and impact of SSD’s to the community so that landowners will be able to make an informed decision based on facts.  A number of favorable benefits of an SSD have been discussed.  One downside to the SSD could be that if members of the community do not participate in the oversight board of the SSD, it will be run by those outside the community.  We would be given an opportunity to share in the management and leadership of the program; this could result in more input by the members of the Board and those volunteers who do much of the work.  The Board is attempting to find out factually what the good side and what the down side would be to developing a Special Services District in Dammeron Valley for the fire and medical emergency services and will provide that information in future meetings.      

     b.  Fire Department Report –  Chief Maciej Szczerbiak

           General information concerning SSD’s was presented by Jay Workman.  A valuable web site for the Utah Association of Special Service Districts is http://www.uasd.org.  In our area the Washington County Commission creates SSD’s under Title 17D.  SSD’s have been around in Utah for the last twenty years.  The reasons to consider an SSD for the fire and medical emergency services in Dammeron Valley are:  We would establish ourselves as an entity within the County and the State, and we would be allowed to apply for and receive federal grants and state education grants.  There could be a set fee (tax) or a fee based on property values paid to the county for the SSD, which should be equal or even less (depending on grants secured) than the dues presently being paid by landowners.  We would become our own entity and would not be affiliated with the surrounding communities.  Valuable references for information on SSD’s would be Chief Steve Lewis, Leeds Fire and Rescue; LeGrand Bittner, Executive Director of the Utah Association of Special Service Districts; and Steve Haluska, Northwestern Special Service District.  If you have any questions of Jay Workman, you can contact him at (435) 574-2697.

          Chief Szczerbiak again thanked the members of the Board for giving him the opportunity to serve as the fire chief of Dammeron Valley.  He presented a short resume of his previous medical and fire fighting experiences which qualify him to fill this position.  The present goals of the Fire Department are 1) to be safe, 2) to be nice (improve customer service), and 3) to be accountable and transparent.  New guidelines are being redrafted to enhance the health and safety of fire department members.  With a goal towards strengthening and reinforcing a positive public perception of the fire department, there will be more visibility in the community by the fire vehicles and personnel, much of this occurring during training sessions.  If anyone has any questions as to how the fire department operates, where the fire department monies are spent, how things are done at the department, he will be glad to answer any of those questions.  Administratively, Chief Szczerbiak’s name has been added to the fire department bank account; the Washington County Fire Chief’s Association has been notified of the change in the fire chief position.  The Washington County Fire Chief’s Association is now in charge of the new 800 MHZ radio system and provides ongoing training and certification.  

          The Dammeron Valley Fire Department is required to perform and comply with the NFPA standards.  Under these standards, there is a new ICS/chain of command system in place.  This system is based upon two principles, unity of command and span of control.  The Dammeron Valley Fire Department ICS is as follows: 

                   1.  Fire Chief Maciej Szczerbiak

                   2.  Deputy Fire Chief Jay Workman, Admin and EMS

                   3.  Fire Captain Kevin Dye, Engine Ops, SCBA

4.  Fire Captain JR Baird, FD crew, Station cleaning, PPE, Wildland Ops.

                   5.  Team leader Kathy Szczerbiak

                   6.  Team leader Don Wallace

                   7.  Engineer Jim Peterson

                   8.  Engineer Lance Cornwall

            There is a new sign-in information form for all firefighters reflecting current legal rquirements to join a volunteer fire department and participate in any EMS and firefighting activities.  All fire and EMS training is going to be based on NFPA standards, with records collection being a first priority.  The State of Utah workers compensation insurance and liability coverage is in the process of being updated.  The new EMS reporting system “Polaris” has been implemented, as required by the State of Utah.  The new SOG for fire and EMS emergencies are to be completed within the next 3-4 weeks.  Five more used 800 MHz radios were purchased for $65 each.  The cost of operating these 5 radios will be $125 per month ($25 each), and the cost of operating the new pagers will be $15 each for 25 pagers.  These new pagers will be issued in 4-5 weeks.

          The state-owned Brush 13-1, the dedicated EMS response vehicle, is being returned to the State of Utah.

          Three more volunteers joined the department last week:  Leslie Koepke, Steve Vaughan, and Matt Pace.  The fire department is going to be listed in the Yellow Pages and other local phone books under Dammeron Valley Fire and Rescue, per the Washington County Fire Chief’s Association agreement of 2010.

          During the meeting with Washington County Fire Warden Adam Heyder on August 26, 2012, it was reported that a memorandum of understanding is not signed between the Dammeron Valley Fire Department and Washington County, and that the State will no longer contract with the Dammeron Valley Fire Department, largely because of liability issues and current state law.  We will still provide coverage based upon fire department mutual aid agreements with other fire departments, but we will no longer be reimbursed for any fire suppression activities, equipment use, etc.

          The Dammeron Valley Fire Department is hosting (providing instructors and equipment) the Washington County Fire Academy FF 1 class with seven of our volunteers attending.  Five Dammeron Valley Fire Department volunteers will be attending the EMT B class starting in October.  EMR class starts in November, and is open to all fire department personnel.  Four personnel must complete their certifications for ICS V this year.  Red card S-130/S-190 is to be completed during January-April, 2013.  Ongoing training for all firefighters will be held on deploying our Community Risk Planning Guide. 

          During the last month, there have been three EMS emergencies, two in Diamond Valley and one in Brookside.  There were no fire emergencies.

          Brush 13-1 currently has a faulty battery/changing system that is being addressed.  Brush 13-2 is going to be offered for sale for $9,500 to the Washington County Fire Chief’s Association and on KSL.  Access control locks on the fire department doors are going to be installed to increase security, and bids are currently being secured.  The American flags have been relocated out of the compressor room to prevent a contamination hazard.  The fire department inventory will be completed by 9/15/2012, and the old computer equipment will be recycled.   

       c.  Financial Report – Carol Clason 

          There was little to report beyond the normal reoccurring expenses for the Association for the previous month.  The US Bank Fire Truck Loan Account that had a $100 balance and had not been used for several years was closed out several weeks ago. Village Bank has paid several old liens (including one from 2008) that had not been paid for years, so it has benefited the Association to not release liens that are not full paid even if the landowners indicate they do not owe the monies.  Line 11.0 on the 8/25/2012 budget versus year-to-date expenses lists $1,604 late fees that have been collected from delinquent accounts since July 1, 2012.  This figure is affected by the attorney's collections and helps greatly offset those landowners who have not yet paid this year's dues.  $17,754 is still owing for 2012-13 (approximately 58 landowners - some of those already being handled by the attorney).  Second invoices will be sent out in September to these landowners, and liens will be filed in October for those who do not full pay.  

      d.  Committee Updates:

           i. Finance – Terry Taylor

               No report submitted.

           ii. Public Safety – Mac Thomson:

               The burn pile “has been doing well”, and there is a large pile on the west side that needs to be burned.  The county road personnel came to the Valley yesterday and did some drainage work at the home of one landowner who had some flooding issues on her property.  More work is planned at other locations.

                Jill Petersen expressed a complaint against her neighbor who has removed all the vegetation from the back of his property resulting in flooding problems to surrounding lots.  Her comments were accepted as a complaint to the Board, and the Board members will look into the problem and help deal with the issues.    

           iii.Social/Insurance – Jim Johnson

               Jim Johnson is reviewing the insurance policies to determine the liability coverages for the Board members and the fire fighters.

           iv. Architectural Review  - Gary Jensen

                Plans were reviewed for one garage and one chicken coup during the previous month.                           

           v.  Public Properties – Julie Cropper

                Julie Cropper has been updating the booklet secured from Chief Talbot, “Dammeron Valley Fire Department Standard Operating Procedures”.  Jay Workman indicated that the booklet, as presently written, needs additional amendments, and Julie asked that she be included in the process of redrafting the booklet.

               

6.  Comment and Discussion by Landowners:

    

7.  Adjournment:       

     A MOTION WAS MADE by Jim Johnson to adjourn the meeting.  It was SECONDED by Terry Taylor, and the meeting adjourned at 9:20 p.m.

    

Carol Clason

Recording Secretary