ECHOES of DEER VALLEY _________________________________ A Publication of Deer Valley Property Owners’ Association April, 2007 PRESIDENT’S CORNER Spring is nudging winter aside in Deer Valley as buds begin to open and the grass begins to green. Winter was not too harsh in the Valley this year and our dirt roads held up well, in part thanks to some late fall grading which we will plan again this year. Culvert cleaning last fall saved us a lot of headaches as the snow began to melt. We have had some expected dirt settling around the front firewater storage tank that we will correct soon. Roadwork is being planned for the first of May. Our “big” volunteer project this year (last year was the “firewater” tank burial), moving 2000 feet of perimeter fence to the proper boundary line, has met a legal snag. It seems the private landowner on the other side of the fence wants more legal maneuvering before work begins. We had proposed a simple yet descriptive agreement outlining the work we planned to do with volunteers. Their attorney has asked that we have our attorney draw up a formal contract, that we hire a “professional” fence company to move the fence, that we survey the fence location, and that we not re-use any of the existing materials! We will work through these issues one way or another and hopefully, still get the fence moved “economically” this spring. In all, we have had a great year thus far and life is good in the Valley. WELCOME We wish to welcome our new property owners who have joined us since the last newsletter was published. HOMES Jim and Mary Henely- Lot 25 Wendy Jorgenson- the Johnson home on Lot 54 Emil and Ellen Maxton- the Norkooli home on Lot 67 Alden and Anne Vervaet- the Sanders home on Lot 72 Paul and Gina Bradford-the Trabing home on Lot 75 Steven and Janet Jurgens- the Stevens home on Lot 80 Charlie Muir and Nancy Brooker- the Bowen home on Lot 21 John Van Schaik & Tracy Buell-the Porter home on Lot 48 Bob Gorey and Anne Derose- the Lanagan home on Lot 41 Ralph and Barbara Pistor- the Batt home on Lot 24 1 PROPERTY Bryan and Tammy Ferguson- Lot 22 Wayne and Marty Lane- Lots 32 & 62 Bradley Parker- Lot 57 Kenneth Hale-Lot 77 Jim and Bonnie Taylor-Lot 65 Les and Linda Kole-Lot 83 TJB Enterprises, LLC-Lots 4 & 5 We also welcome those who have been building and have moved in during the last year: Jon and Sandy Robison- Lot 36 Les and Linda Kole- Lot 82 Scott and Andie Davidson- Lot 14 John and Stella Welcher- Lot 34 NEW STATE STATUTE MANDATED Conflict Resolution Process In 2006 the Colorado State lawmakers passed, and Gov. Owens signed into law, statutes requiring “Associations” like Deer Valley POA have a documented process for resolving conflicts between members of the “Association” and the “Management” of the “Association”. The Board of Directors of Deer Valley POA passed and placed on record such a process. However, since this concept can have such a wide ranging impact, your Board decided to widen the scope of our approach to include both conflicts between Members as well as between the Board and Members. A new section of the Declaration of Covenants, Conditions and Restrictions has been prepared and will be presented to the Membership for vote as part of the Annual Meeting process. The essence of the law and added Section is as follows: The Conflict Resolution Process is designed to minimize the expense and anguish associated with legal court battles and thereby free up those courts’ resources for more important matters. In the event of a disagreement or offense, the “Plaintiff” must approach the “Defendant” in an attempt to resolve the issue as “good neighbors”. Should that contact prove unsuccessful in resolving the issue, the Plaintiff has the option of contacting the Chairman of the Resolution Committee to seek “arbitration”. This begins a defined schedule of events beginning with the submittal of written “Position Statements” from both the “Plaintiff” and the “Defendant”. There are defined points that must be addressed in these “Statements”. The Resolution Committee then meets with the two parties present to reach a consensus for resolution of the disagreement. Should this fail, “binding arbitration” may be sought as defined in the State Statute outlining that process. This will be at the expense of the “Plaintiff” and “Defendant” as described in the statute. Before entering into this process it should be remembered there are state and county statutes for many issues such as animal control and other safety and “aggravation” type issues. These will always take precedence over any “arbitration” process carried out by the Committee. Referring an issue to these state or county officials will occur unless there is a possible “extenuating” issue defined in the “position statement”. 2 ANNUAL ELECTION FOR BOARD OF DIRECTORS This is the year that three of the five Directors on the Board are to be elected. The formal request for resumes will be issued soon. Those of you with worries about not being “qualified”, not having any experience, not living in the development long enough, or not having enough time to devote to the task, should not let these concerns stand in your way. Only three of the five current Board members had any experience when elected. In the past, several of the Directors have served even before moving to Deer Valley and attended the Board meetings by telephone. The time required includes attending the monthly meetings and assigned projects that are shared by the five members. The amount of time spent on these projects is a function of what each individual member is able to include in their personal activities. The primary characteristics for being a Board member are the willingness to get involved and not being afraid to “speak your mind”, and, at the same time, being willing to represent the best interests of all the Property Owners. The very nature of the five-member Board structure creates discussion on any points of concern followed by a vote on the issue to seek a majority opinion. There are critical issues for the Deer Valley on the horizon and people with fresh views and ideas are needed. You are urged to think about running and to begin developing your resume. (The Board appointed position of Secretary will need to be filled for next year as well. Anyone interested in serving in this important position is requested to make that known to the Board.) FIREWISE COUNCIL OF SOUTHWEST COLORADO At the August 2006 Annual Meeting of the POA, it was suggested by special guest Pauline Ellis, District Ranger / Field Office Manager USDA/USDI that the Association have a volunteer to serve as a FireWise Neighborhood Ambassador. Your Board of Directors has recruited Les Kole to become the Ambassador and John Van Schaik as our alternate. Les has attended the bi-monthly meetings of the FireWise Council. These meetings have provided a great deal of valuable information for our Members and Association. We are currently setting up a Saturday event to hear about what homeowners can do to reduce the risk of wildfire within our subdivision. We will also be learning about additional fire mitigation planning in the Forest surrounding Deer Valley. The following are preventative actions that can be taken well in advance of fire season and are critical: create defensible space; develop islands of vegetation; thin weak, dead, overcrowded trees; remove under-story vegetation; move woodpiles away from home; evaluate driveway for access; create a family emergency plan; annually prepare for fire season; keep up on maintenance efforts. Help your Deer Valley Neighborhood become “FireWise”. For more information about reducing the risk of wildfire as well as upcoming events visit: www.southwestcoloradofires.org Telephone – (970) 385-1210. Les Kole can be reached at (970) 884-0560. 3 UPCOMING ROADWORK The contract for this year’s roadwork is almost finalized. Neil’s Construction is scheduled to begin work on Deer Valley roads early in May. Owners will be notified of the dates for application of the mag chloride as soon as they are known. These notices will be emailed and placed on the bulletin board at the dumpster pad. NOTICE TO ALL DOG OWNERS From a tragic incident a few years ago, the Board of Directors learned much about the La Plata County Dog Control Ordinance that all dog owners should know (no such ordinance exists for cats). While we have Covenants concerning animals, Deer Valley residents should know that dog control is out of our jurisdiction and controlled by La Plata County government and law enforcement. Penalties for violations include fines and may include misdemeanor criminal charges. In the meantime, if you own a dog or dogs, you should know that you may be cited for the following violations: Dog Not Vaccinated Against Rabies; Dog Not Licensed; License Tag Not Displayed; Dog At Large; Defined as: Dog not restrained on owner’s property by means of fence or chain OR Dog not under the control of the owner’s direct supervision and verbal command; verbal command requires the owner to be outdoors within sight and hearing of the dog and to give it needed commands which must be carried out by the dog. Dog Injuring a Person. If you have questions, please contact Animal Control 259-2900 or the Humane Society at 259-2847. MAINTENANCE OF SEPTIC SYSTEMS, LAGOONS & WATER WELLS During recent Board meetings, the subject of odors from septic lagoons was discussed with the following research documented to assist Owners with proper maintenance. For neighbors, these odors can become an “annoyance” that falls under Section 5.6 of the Covenants and should be addressed by the offending Owner. The Board’s research was expanded to include septic tank and well maintenance to assist Owners in these important health maintenance issues. 4 Septic Tank Maintenance: - Avoid excessive water (use of high volume of water will flood your system and flush solids out of tank). - Get your septic tank pumped regularly (every 4-5 years). - Don’t use a garbage disposal (double solids) or pump out your septic tank more often if you do. - Biological & chemical septic tank additives should be avoided (does not improve performance of septic tank and may be harmful to environment). - Avoid excessive use of household cleaning products (bleach, powdered detergents, toilet bowl cleaners). Lagoon Maintenance - Mow grass and control weed growth in and around lagoon. (long grass and weeds block wind and provide breeding areas for insects and can trap trash, grease and scum, which causes odors & attracts insects, and weeds are used as food by burrowing animals, that can cause damage). - Control weeds that grow on the water surface, like duckweed & watermeal (they take up valuable space that should be occupied by algae, and they can stop sunlight from penetrating, and slow mixing by the wind). - Remove scum that collects on water surface (same reason as duckweed, but also to control odors and insects). - Check depth of sludge layer in lagoon (sludge eventually accumulates to a point it must be removed, although this may take years). - Odors (lagoons may have odors occasionally from alga blooms, anaerobic conditions, scum and turnover (spring & fall) of the lagoon contents after thawing.) References: San Juan Basin Health, The Laundry Alternative Inc., US Inspect, EPA, Pipeline – adapted for use by Purdue University Water Well Maintenance COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT Water Quality Control Division – 4300 Cherry Creek Drive South Denver, CO 80246-1530 (303) 692-3500 The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that the presence of coliform bacteria is a serious health concern. Their presence in drinking water is serious because they are usually associated with sewage or animal wastes. The presence of these bacteria in drinking water is generally a result of a problem with water treatment or the lines which distribute the water, and indicates that the water may be contaminated with organisms which can cause disease. Disease symptoms may include diarrhea, cramps, nausea, and possible jaundice and associated headaches and fatigue. These symptoms, however, are not only associated with disease-causing organisms in drinking water, but also may be caused by a number of factors other than drinking water. Disinfection of Water Supply Wells Has your water supply recently been tested and the sample results were Confluent Growth, Too Numerous To Count (TNTC), or Total Coliform Positive with or without Fecal Contamination? If so, the water supply should be disinfected as follows: 5 1. Add 1 gallon of 5% available chlorine household bleach into the well. Use the “regular” CHLOROX, PUREX, etc. DO NOT use the “fresh scent” or “unscented” kind. If possible, mix together 10 gallons of water plus the bleach and introduce the mixture into the well, between the well casing and the pump drop line. You will need to carefully remove the well cap and seal. 2. Put the well cap back on and start the pump and; OPEN all faucets (sinks, tubs, etc.) on the system; FLUSH all toilets on the system; PUMP until the chlorine odor is detected at the faucets; CONNECT a hose to an outside faucet and wash down the well casing (for 15 minutes) and all parts of the well equipment which are exposed to the elements; CLOSE all faucets and; STOP the pump. Allow the chlorine solution to remain in the well, storage tank, and distribution system for a minimum of 8 hours (24 hrs. is ideal). This procedure completely flushes and disinfects the entire distribution system which is necessary to eliminate all points of bacterial contamination. 3. Pump well water to waste until the odor and taste of the chlorine has disappeared. DO NOT run all this super-chlorinated water into your septic tank! It will kill the organisms that make your septic tank work. Excessive amounts of contamination in the well or water system may require repeating the disinfecting process. It is suggested that this be done once a year as a precautionary measure. 4. Two days after disinfection, collect a sample of water for bacteriological analysis, using only a sterile container furnished by the Colorado Department of Public Health and Environment, the local Health Departments* or any other Certified Microbiology Laboratory. TEMPORARY MEASURES FOR TREATING WATER Boil the water briskly for 5 minutes. OR Disinfect water with household bleach (5%) Gallons of Water 1 2 5 100 1,000 For Clear Water For Cloudy Water 8 drops 1 teaspoon 2 teaspoons 1 ounce 1 cup 1 teaspoon 2 teaspoons 1 tablespoon 1 ½ ounces 1 pint All water to be treated should be relatively clear. After adding household bleach, cover, shake well and allow to stand 20-30 minutes to allow the disinfection process to occur. Boiled and chlorinated water must be stored in clean, covered containers. *Note: You can obtain sterile containers from San Juan Basin Health in Durango. 6