Minutes November 24, 2024
/BOARD OF DIRECTORs’ Meeting
Meeting minutes will be posted once they are approved by the LISECC Board of Directors at the next regularly scheduled Board Meeting.
Board of Directors meeting minutes unless otherwise stated. HISTORICAL DOCUMENTS AVAILABLE ON REQUEST FROM THE BUSINESS OFFICE.
Minutes October 20, 2024
/BOARD OF DIRECTORs’ Meeting
Call to Order: Jim called the meeting to order at 9:30 am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Loren Conroy, Doug Cash, David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-September 28, 2024
2024 DRAFT AGM Minutes
DRAFT-Member Letter Borrowing from Reserves
September 2024 Financial Reports
Staff Operations Report
Wilson Progress Report September 2024
Jeff motioned to approve the Consent Agenda and the September 28, 2024 BOD Meeting Minutes. Doug seconded. All in favor.
Member Communications:
Boulanger-Tree Removal at S-Curve
Jim read Gary and Barbara Boulanger’s letter aloud. Their primary concern was the lack of traffic control and whether the tree removal was a LISECC and/or wildfire prevention program. Jim noted that the tree removal was a county approved project; it was not a LISECC/Firewise project.
David would like to see the Firewise sign removed from the area.
A letter was received last night from Claude Joseph, but it was received too late to be added to the agenda. We will have our attorney review the letter and proceed accordingly.
Board Reports:
President:
Fine Schedule
Jim explained that the purpose of the fine schedule is to give LISECC the ability to enforce our rules.
Jim suggested making the following changes to the Schedule of Fines:
1. Add “Please note that the following schedule of fines does not supersede fines expressly stated in other areas of the governing documents.” to the end of the first paragraph.
2. Under the heading 1. Schedule of fines, add, “As previously indicated, this schedule of fines does not supersede fines expressly stated in other areas of the governing documents. In compliance with Article 5.1.2., the Board may not be arbitrary or capricious in taking enforcement action.” to the end of the paragraph.
3. Under the heading "Major Offenses”, change the paragraph to read:
-Major Offenses are those which do involve a threat to human health and safety, or risk of harm to valuable property. Major Offenses consist of, but are not limited to, failure to abide by the Association’s Bylaws, Rules and Regulations, or Policy Statements.
Doug motioned to approve the changes as submitted by Jim Coats for the Lummi Island Scenic Estates Community Club Schedule of Fines for Lot Owner/Tenant Violations. Loren seconded. All in favor.
Schedule Special Meeting of the Membership to vote on USDA-RD Loan application for the new water treatment plant. The loan application must be submitted within 60 days of the public forum, which was held on September 28, 2024. The Special Meeting of the Membership will be held on November 24, 2024 with the monthly board meeting scheduled to follow.
General Manager Report
Lien Filings/Water Shut-Off
Doug motioned to proceed with our lien policy and water shut-off procedures for those members who are delinquent, provided they do not bring their accounts current by the date indicated on the letters. Jeff seconded. All in favor.
Operations/Water:
The docks were scheduled to be removed this morning. However, due to the weather and winds, a cable snapped, and the large dock broke loose on Friday night/Saturday morning. Staff is working to retrieve the docks and once they can pull them out of the water, the damage can be assessed.
Foundation Restoration provided a bid for $8,816 for the Treatment Plant Structural Stabilization. However, after consulting with Ram Construction, Doug believes that the cribbing he and staff have installed will stabilize and support the sagging beam.
The gate and fencing on Carol Lane were removed and service was completed on the water standpipe.
VP/Secretary: No report.
Finance: No report
Administration:
One of the delinquent account owners sold a property and LISECC collected $56,000.
New Business:
Discussion of hiring Dannon Traxler, an environmental lawyer, for approximately $1,200-$1,800. Dannon would provide a legal opinion on whether our watershed is protected from logging. Doug motioned to move forward with hiring Dannon Traxler for a legal opinion regarding the LISECC watershed. Jeff seconded. All in favor. In conjunction, Jeff would like to see the portion of the watershed that goes into Holiday Lake added to our current watershed mapping.
Old Business: None
Other Business:
Doug motioned to hold the Special Meeting of the Membership on November 24, 2024 at 9:30 am. Loren seconded. All in favor.
Next Meeting: November 24, 2024 at 9:30 am. The Special Meeting of the Membership (Hybrid) will be followed by the regularly scheduled Board of Directors’ Meeting for November.
The board entered Executive Session at 10:39 am to discuss legal issues. The board returned to regular session at 11:12 am. No motions were made during Executive Session.
Adjournment: Doug motioned to adjourn the meeting at 11:13 am. Jeff seconded. All in favor.
Minutes September 28, 2024
/BOARD OF DIRECTORs’ Meeting
Call to Order: Jim called the Zoom meeting to order at 4:00pm.
Board Members Present: Jim Coats, Jeff Smith, Doug Cash, David Canterman
Board members absent: Loren Conroy
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
New Business:
Announcement of AGM Voting Results (BOD Members, Budget, Audit)
David Canterman, Jim Coats, and Loren Conroy were elected to the board.
Doug Cash was confirmed for the one year remaining on the Board position vacated by Tim Robison.
The 2025 Budget was approved.
The audit of the 2024 fiscal year to be performed in 2025 was approved.
Election of Officers
Voting was done by secret ballot.
Jim Coats was elected President.
Loren Conroy was elected Treasurer.
Jeff Smith was elected Secretary.
Assignment of Committee Chairs
Jeff Smith was appointed Vice-President, Election Committee Chair & Communications Committee Chair.
Doug Cash was appointed Operations and Water Committee Chair.
David Canterman was appointed Administration Committee Chair and Planning Committee Chair.
Jim Coats was appointed Marine Committee Chair and Bylaw Committee Chair.
Loren Conroy was appointed Disaster Committee Chair.
Changes to the Agenda:
Add Sandra Clavero’s concerns regarding the Schedule of Fines to President’s Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-August 25, 2024
Special Meeting of the Board of Directors Minutes-August 27, 2024, September 10, 2024, September 18, 2024
August 2024 Financial Reports
Staff Operations Report
Wilson Progress Report August 2024
Jeff motioned to approve the Consent Agenda, the August 25, 2024 Board of Directors’ Meeting Minutes & the August 27, 2024, September 10, 2024 & September 18, 2024 Special Meeting of the Board of Directors Minutes. Doug seconded. All in favor.
Member Communication:
70026-Leak Forgiveness Request
Doug motioned to approve the one-time leak forgiveness request with the member being charged $150 for two months of usage. Jeff seconded. All in favor.
Trish Tielmann-Trump Flag at the Lake
Jim read the letter aloud. Jim and David explained that while the flag is on LISECC property, we cannot remove it at this time. It is being addressed with the lawsuit, however.
Board Reports
President
Jim acknowledged Sandra Clavero’s concerns about the Schedule of Fines. He would like to propose suggestions for improving the Schedule of Fines at the October 2024 board meeting.
General Manager Report-No report.
VP/Secretary-None
Finance-None
Operations/Water
Doug briefly reviewed the next steps for the water treatment plant foundation repair.
Administration-None
Old Business: None
Other Business:
Next Meeting: October 20, 2024 at 9:30 am
Adjournment: Jeff motioned to adjourn the meeting at 4:41 pm. Doug seconded. All in favor.
Annual General Meeting Minutes September 28, 2024
/ANNUAL GENERAL MEETING
Subject to approval and correction at the Annual General Meeting on August 23, 2025
Call to Order: by President Jim Coats at 10:02 am at the Scenic Estates Clubhouse
Board Members present: Jim Coats, Jeff Smith, Doug Cash, Leslie Dempsey, David Canterman (via Zoom)
Board Members absent: None
Staff present: Allison Cash, Justin Swaen, Nick Kluge (via Zoom)
Voting Status: 21 members checked-in, 48 absentee ballots received. Quorum.
Welcome and Introduction: Jim Coats welcomed LISECC members and introduced the board members, staff, and the Whatcom County Sheriff’s deputies who provided security for the AGM.
Jim reviewed the AGM agenda and outlined the procedure for members (both in person and on Zoom) to ask questions or share comments during the meeting.
Sandra Clavero made a motion to approve the September 23, 2023 Annual General Meeting minutes. Jacqueline Sehn seconded. The motion passed.
Water Treatment Plant Replacement Project Forum:
Jim began by talking about the Water Rights Adjudication in the Nooksack Basin. Beginning in late 2024 or early 2025, every well on Lummi Island will be required to demonstrate ownership of water rights. Lummi Island Scenic Estates is fortunate to have a consistent supply of water and holds water rights certificates dating back to 1959.
The board reviewed the history of what led to the necessity of building a new water treatment plant. Brian Smith, of Wilson Engineering, was on hand to help answer member questions about the project.
The board emphasized that our current treatment plant, while still providing us with excellent water, has exceeded its functioning life expectancy. As a result, although we are currently meeting the turbidity standards set by the Department of Health, it has become increasingly difficult for our water operators to do so. (It is important to remember that turbidity itself has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth.)History of the Need for New Water Treatment Plant
In 2020, LISECC entered into a Formal Compliance Agreement with the Department of Health in which LISECC agreed to “address surface water treatment improvements necessary to return to compliance with the Surface Water Treatment Rule (SWTR)”. LISECC staff, engineers and the Department of Health spent a great deal of time and resources investigating a variety of solutions to bring the finished water into compliance using the technology in the current treatment plant. Ultimately, however, it was determined that the only sustainable, long-term solution was to build a new water treatment plant.Design of New Water Treatment Plan
We are nearing completion of the pre-construction phase of the new water treatment plant. The new water treatment plant will be located on Dogwood Terrace, and it will utilize membrane filtration as the treatment technology. Membrane filtration is a barrier-based technology, which is highly effective in meeting turbidity standards.The flow rate of the new water treatment plant will increase from 67 gallons per minute to 100 gallons per minute. As a result of the increased flow rate, the system can support a greater number of water connections which will accommodate any future buildout of the LISECC community.
Funding of New Water Treatment Plant
The three options for funding the treatment plant are:
1. Do nothing and fail to meet the terms of the Formal Compliance Agreement. Consequently, we will be fined up to $10,000 per violation per day.2. Vote for a one-time assessment of $8,990 per lot. Dues relief for bound lots does not apply to special assessments, so this assessment would be paid for by all owners on each of the 445 lots in LISE.
3. Vote to authorize the board to apply for a 40-year, low interest USDA-Rural Development loan. If authorized, the loan fees would be paid by the owners of the 398 dues paying lots in LISECC. The board believes this loan, probably at the lowest rate allowable, is the best option for funding the new treatment plant.
The board is currently using an estimate of $4,000,000 as a placeholder for calculating the cost of the loan to the membership. (It is expected that the actual cost of the new treatment plant will be lower, however, we must build contingency funds into the loan to cover unforeseen issues that might arise during the construction process.) Based on current rates, it is estimated that members will pay $33 per month per dues paying lot for the life of the loan.
Following the board’s presentation, members were given the opportunity to ask questions or make comments about the new water treatment plant and the funding process.
Committee Reports:
Administration Report:
David reported that LISECC has two significantly delinquent accounts.
The first delinquent account is currently in escrow and it is expected to close next week. Upon closing, we will receive approximately $58,000 in back dues, penalties and legal fees. This amount plus the approximately $74,000 that we collected in 2022-2023 on past due accounts totals $132,000. We will be using the funds that have been collected for our ongoing legal battle. We expect to prevail with the current lawsuit and anticipate the court will award us monetary damages and legal fees.
Last year, we were awarded a judgment of $174,000 plus 9% interest on the second delinquent account. With interest, we are currently owed $195,000. This judgement is secured by several dozen properties on Lummi Island. The judgement is being appealed, but by year’s end, we expect our award to be held up by the Superior Court.
Finance Report:
Leslie reviewed the proposed budget for 2025.
There is a dues increase of $59/year for 2025. The primary reason for this is related to the recommended reserve deposit, which increased from $95,000 in 2024 to $140,000 in 2025. While the reserve specialists are aware that we intend to apply for a low-interest, 40-year loan for the new water treatment plant, until we secure the loan, the reserve study sees the cost of the treatment plant as an upcoming special assessment.
The 2024 Reserve Report projects that at the end of 2024 LISECC will be 14% funded; fully funded would be $4,700,000, which includes the cost of the new water treatment plant. Once we receive the loan, the $4,000,000 for the cost of the plant will no longer be included in the calculations for the fully funded reserve balance and the percent funded will increase significantly.
Communications/Planning:
Jeff thanked the community for their willingness to volunteer and keep our association going.
Operations/Water Report:
Doug reported that the Clubhouse foundation repair was completed earlier this year and thanked Tim Robison for his dedication to the project.
Upcoming projects include continuing to investigate options for Clark Circle, the Clubhouse deck, the marina pilings and the new water treatment plant.
Leslie updated members on the Beach Ave. washout. Whatcom County has an approved design, which they intend to put out for bid with anticipated completion in the summer of 2025.
Election of New Directors:
Jim opened the floor for nominations for Board Members. No nominations.
Unfinished Business: None
New Business:
Sandra Clavero’s concerns about the Schedule of Fines were briefly addressed. Jim would like to discuss the Schedule of Fines further at the September Board of Directors’ meeting.
The board briefed the community on the sequence of events that have occurred on Carol Lane.
Mitch Nimon is the owner of a lot that abuts the road that goes around the lake. Mitch has ostensibly sold the lot to Dustin Wolfe. Together, they claim that they own Carol Lane, the community road that runs in front of their lot. Using this claim as the justification for their actions, Mitch and Dustin have:
1. Dumped several loads of gravel on Carol Lane.
2. Cut down a large maple tree that fell into the lake and left it there to degrade into our back-up water supply.
3. Installed a cattle gate across Carol Lane blocking access to three of the lots on Carol Lane and a LISECC water standpipe.
4. Posted private property signs and a camera on LISECC property at various points around the lake.After consulting with Whatcom County Code Enforcement, LISECC was told that if the signs were posted on LISECC property, they could be removed. The signs were removed from two points; however, a third sign and the camera were left in place.
A few days after the signs were removed, Dustin destroyed a LISECC community sign at the lake. Dustin then proceeded to verbally attack Kevin Southworth and David Canterman at the water treatment plant. The situation became so volatile that staff called the Sheriff's Department to assist in de-escalation. Dustin was criminally cited for Theft 3 & Malicious Mischief 3.
Jim outlined the steps LISECC has taken to resolve the situation:
1. Jim had a lengthy conversation with Sheriff Tanksley.
2. LISECC was granted a Temporary Restraining Order (TRO) on September 20, 2024. The TRO required that the illegal gate on Carol Lane be removed and allowed LISECC staff to conduct necessary water testing and flushing on the standpipe located on Carol Lane.
3. A complaint was filed against Dustin Wolfe and Mitch Nimon in Superior Court on September 5, 2024.
4. LISECC has made reports to the Department of Ecology, State Department of Fish and Wildlife, Whatcom County Planning and Development, and Washington Department of Health.
5. Jim reported Dustin’s implied threat to the levy published on NextDoor to the Washington State Fusion Center, a clearinghouse for Homeland Security, the FBI, Law Enforcement Intelligence Units, the Seattle Police Department, and the Washington State Patrol.
There being no further business, Sharleen Peitsch-Tyerman motioned to adjourn the 2024 Annual General Meeting at 12:55 pm. Mike Zuccarini seconded. The motion passed.
Allison Cash
General Manager, Lummi Island Scenic Estates
Minutes September 18, 2024
/Special Meeting of the BOARD OF DIRECTORS
Call to Order: Jim called the special meeting to order at 7:00 pm via Zoom.
Board Members Present: Jim Coats, Jeff Smith, Doug Cash, Leslie Dempsey (joined at 7:05 pm)
Board members absent: David Canterman
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Policy 18 Revision
New Business:
The board is proposing adding a clause to Policy 18-Definition of Ownership and Procedure of LISECC Lot Sale and Change of Member Records.
The proposed clause would read:
Policy 18A Definition of Ownership
The transfer of ownership of real property within LISECC will be deemed bona fide and in the manner provided for by LISECC policy and bylaws and the laws of the State of Washington when the transfer of ownership is duly recorded on the property roles of the Whatcom County Assessor’s Office.
Procedure of LISECC Lot Sale and Change of Member Records will be renumbered as 18B, but no changes to the wording of this part of the policy are proposed.
Doug motioned to accept the changes to Policy 18 as proposed. Leslie seconded. All in favor.
Jim would like to have signs made and permanently posted at the Clubhouse stating that no weapons/firearms are permitted on the premises. Jeff is going to look into wording and propose it to the board.
The Sheriff’s Department is requiring LISECC to hire 2 off-duty officers for the AGM, not just 1.
Leslie motioned to enter Executive Session and include the General Manager at 7:16 pm to discuss legal matters. Jeff seconded. All in favor.
The board returned to regular session at 7:36 pm. No motions were made during the Executive Session. Leslie left the meeting at 7:36 pm.
Adjournment: Jeff motioned to adjourn at 7:37 pm. Doug seconded. All in favor.
Minutes September 10, 2024
/Special Meeting of the BOARD OF DIRECTORS
Call to Order: Jim called the special meeting to order at 1:30 pm at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, David Canterman, Doug Cash
Board members absent: Leslie Dempsey
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
In order to accommodate security concerns for the 2024 AGM, David motioned to hire an off-duty officer for 4 hours during the hours of 9 am-1 pm and have the follow up board meeting at 4 pm via Zoom. Cash seconded. All in favor.
The purpose of the Special Meeting of the Board of Directors is to hold an Executive Session to discuss legal matters.
The board and Allison Cash entered Executive Session at 1:34 pm.
The board and Allison Cash returned to regular session at 2:20 pm. No motions were made during the Executive Session.
Adjournment: Doug motioned to adjourn the meeting at 2:20 pm. Jeff seconded. All in favor.
Minutes August 27, 2024
/Special Meeting of the BOARD OF DIRECTORS
Call to Order: Jim called the special meeting to order at 7:00 pm via Zoom.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman, Doug Cash
Board members absent: None
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
The purpose of the Special Meeting of the Board of Directors is to discuss new rules regarding enforcement actions and the adoption of a schedule of fines.
The proposed rules are as follows:
5.1.2.2.
The Board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:
1. LISECC’s legal position does not justify taking any or further enforcement action;
2. The restriction or rule being enforced is, or is likely to be construed as, inconsistent with law;
3. Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources;
or
4. It is not in LISECC’s best interests to pursue an enforcement action.
5.1.2.3
The Board’s decision to not pursue enforcement under one set of circumstances does not prevent the Board from taking enforcement action under another set of circumstances, but the Board may not be arbitrary or capricious in taking enforcement action.
Doug motioned to accept the proposed rules 5.1.2.2. & 5.1.2.3. Leslie seconded. All in favor.
Discussion of the schedule of fines (provided by LISECC’s attorney) to be added to Part 7 Policy Statements. The schedule stipulates fines for minor vs major offenses and offers the opportunity for members to rectify a situation or request a hearing before the board.
The board discussed Clause 1.1 Incurred Costs and modified it to read: “The Board has the option to include in the fine any costs incurred by the Association that is caused by or related to any offense (including a first Minor Offense).
Doug motioned to adopt the schedule of fines with the change to 1.1 Incurred Costs and insert it into Part 7 Policy Statements. David seconded. All in favor.
Adjournment: Doug motioned to adjourn the meeting at 7:40 pm. Jeff seconded. All in favor.
Minutes August 25, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30 am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey (via Zoom), David Canterman, Doug Cash
Board members absent: None
Staff Present: Allison Cash, Nick Kluge, Justin Swaen
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add “Discussion of Adding a Rule to Section 5”
Add 2 Letters regarding Clark Circle to Member Communications
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-July 28, 2024 & Special Meeting of the Board of Directors Minutes-August 13, 2024
July 2024 Financial Reports
Staff Operations Report
Wilson Progress Report July 2024
Doug motioned to approve the Consent Agenda and the July 28, 2024 BOD Meeting Minutes & the August 13, 2024 Special Meeting of the Board of Directors Meeting Minutes. Leslie seconded. All in favor.
Member Communications:
Randy Cousineau presented new signage from Firewise acknowledging LISECC has been a member since 2003. Staff will identify a location and mount the sign.
Randy also mentioned that he intends to hold a community meeting this fall to discuss another group project pertaining to Firewise.Doug Cash read a letter from Tommy Hester regarding Clark Circle and his desire to see the project completed in a timely manner.
Doug Cash read a letter from Cory Harris where Cory offered his support for the Clark Circle project.
Board Reports:
President:
Build America Buy America (BABA) Waiver
Any government loan, including the USDA loan that we intend to apply for, stipulates that all iron, steel, manufactured products and construction materials used in infrastructure projects are produced in the United States. The membrane skids that we will be using in the new water treatment plant do not meet the BABA standards and we must apply for a waiver to this mandate.
Jim and Allison participated in a meeting with USDA representatives along with Brian Smith from Wilson engineering on August 21, 2024. The purpose of the meeting was to clarify the process of applying for the BABA waiver and to discuss our progress and next steps for the loan application. It was emphasized that the BABA waiver has a time limit, so application for the waiver is one of the final steps.
Doug made a motion to utilize the 2024 AGM as the public forum for the treatment plant replacement project and then hold a subsequent special meeting of the membership to vote on approval of applying for the loan. David seconded. Discussion followed regarding ensuring that the membership has access to the archive of materials regarding the water treatment plant replacement project. All in favor.
AGM
Approval of Packet Materials
Doug motioned to approve the AGM materials with an addendum added to the newsletter for the information on the public meeting. Jeff seconded the motion. All in favor.
General Manager Report
Reserve Transfers
Doug motioned to transfer $317.58 from Reserves for Disaster Preparedness materials. Leslie seconded. All in favor.
Discussion of the Operations checking account balance. In part, the additional Reserve deposit of $75,000 that was made in early 2024 may have been too aggressive. Doug motioned to transfer $25,000 from Reserves to cover operating expenses to be repaid within 24 months of the transfer per RCW 64.34.384. Leslie seconded. All in favor.
Leslie motioned to approve the 2023 1120-H tax return that was prepared by our accountant. Doug seconded. All in favor.
Finance
Leslie presented the 2025 revised DRAFT budget. Some line-item budgets have been revised, but the proposed dues amount of $925 remains the same. Doug motioned to approve the 2025 draft budget for inclusion in the 2024 AGM packet. David seconded the motion. All in favor.
Administration:
David updated the board on the two remaining delinquent accounts.
VP/Secretary: No report.
Operations/Water:
Discussion of Clark Circle and next steps. It is Doug’s belief that before we can address funding for the project, we need to finalize the engineering and get bids on the project.
New Business:
Jim proposed adding two rules to Section 5 of our Governing Documents regarding rule enforcement.
5.1.2.2.
The Board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:1. LISECC’s legal position does not justify taking any or further enforcement action;
2. The restriction or rule being enforced is, or is likely to be construed as, inconsistent with law;
3. Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources;
or4. It is not in LISECC’s best interests to pursue an enforcement action.
5.1.2.3.
The Board’s decision to not pursue enforcement under one set of circumstances does not prevent the Board from taking enforcement action under another set of circumstances, but the Board may not be arbitrary or capricious in taking enforcement action.
Old Business: None
Other Business:
Doug motioned to enter Executive Session to discuss legal matters at 11:59 am. Jeff seconded. All in favor.
After a brief recess, the Executive Session was called to order at 12:07 pm.
The board returned to regular session at 1:05 pm. No motions were made during the Executive Session.
Next Meeting: September 28, 2024 at 4:00 pm.
Adjournment: Doug motioned to adjourn the meeting at 1:05 pm. Jeff seconded. All in favor.
Minutes August 13, 2024
/Special Meeting of The BOARD OF DIRECTORS
Call to Order: Jim called the special meeting to order at 3:31 pm via Zoom.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman, Doug Cash
Board members absent: None
Staff Present: Allison Cash, Nick Kluge (joined at 3:40pm)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
The purpose of the Special Meeting of the Board of Directors is to hold an Executive Session to discuss legal matters with the LISECC attorney. The General Manager and Operations Manager are invited to attend.
David motioned to enter Executive Session and include the General Manager, Operations Manager and Greg Thulin, LISECC attorney, at 3:33 pm. Jeff seconded. All in favor.
Greg Thulin left the Executive Session at 4:12 pm.
Jim Coats left the Executive Session at 4:49 pm.
The board returned to regular session at 4:57 pm. No motions were made during the Executive Session.
Adjournment: The Special Meeting of the Board of Directors was adjourned at 4:58 pm.
Minutes July 28, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30 am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman
Board members absent: None
Staff Present: Allison Cash, Justin Swaen
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-June 23, 2024
June 2024 Financial Reports
Staff Operations Report
Wilson Progress Report June 2024
Jim clarified that although the Wilson Progress Report indicates there are outstanding LISECC staff responsibilities, they have since been completed and submitted to Wilson.
Leslie motioned to approve the Consent Agenda and the June 23, 2024 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Tim Robison-Letter to the Board
Jim read Tim’s resignation letter aloud.
David Canterman read a letter aloud that addressed the points in Tim Robison’s resignation letter.
Jenni Walker submitted a letter to the board inquiring about the possibility of bringing a non-LISECC property into Scenic Estates and obtaining a water connection.
After discussion of how similar requests have been handled in the past, Jeff and Jim will prepare a response to the requestors.
Board Reports:
President:
Board Vacancy
Following Tim Robison’s resignation, the board has the authority to appoint a member to fill the vacant position for the remainder of the term. Jeff motioned to appoint Doug Cash to the board to fill the vacant board position. Leslie seconded. All in favor.
Logging Appeal
Jurisdiction-The Pollution Control Board has responded that they do not have jurisdiction over the county roads, so our appeal should be denied.
AGM
The 2024 AGM will be held on Saturday, September 28, 2024, at 10:00am at the Clubhouse. It will be held in hybrid format with the Zoom option intended for observation only.
There are three board positions up for election at the AGM. Members interested in running for the board should submit a brief statement to the business office by Friday, August 23, 2024.
The Disaster Preparedness Committee would like to add 1 page flier to the AGM packet, room permitting.
General Manager Report
Reserve Transfers
On April 28, 2024, there was a motion to authorize a $4,000.00 transfer from Reserves for the Disaster Preparedness Committee. To date, $4,997.97 has been spent. Leslie motioned to transfer $997.97 from Reserves to Operations for expenses related to Disaster Preparedness. Jeff seconded. All in favor.
The Cabana restroom project is much more extensive than originally anticipated. To date $1,497.79 has been spent. This total does not include replacing the hot water tank that has failed. Doug motioned to transfer up to $2,500 from Reserves for the Cabana restrooms. Jeff seconded. All in favor.
We purchased a new sweeper attachment for the mower on March 22, 2024. Doug motioned to transfer $1,277.65 from Reserves to cover the cost of the sweeper replacement. Leslie seconded. All in favor.
VP/Secretary:
Jeff and David plan to draft a letter to President Biden asking him to grant a BABA waiver for the water treatment plant project.
Finance
Leslie reviewed the 2025 Draft Budget. The draft budget proposes a dues increase from $866.00 to $925.00 for 2025 and a DWSRF loan fee increase from $103.00 to $126.00 in 2025. In part, the dues increase can be attributed to higher insurance costs and an increased reserve contribution. The increased loan fee is a result of payments commencing on the 2021 DWSRF loan.
Administration: No report.
Operations/Water:
Operations Manager Report
Elm Electric has provided an estimate for running power to the lake for the aerator pumps. However, this project has been put on hold until we receive the Critical Area Assessment.
New Business:
Tree in Lake
A registered letter was sent to the owner of the property informing them that the tree must be removed from the lake, the gravel removed, and the community road restored to its original condition. If the conditions of the letter are not met within 30 days, LISECC will subcontract the work and bill it to the lot owner.
Old Business: None
Other Business:
Executive Session
Jim proposed a 10 minute break before the board and Allison entered Executive Session at 11:15 am to discuss legal matters and employee compensation.
The board returned from Executive Session at 12:09 pm. No motions were made during Executive Session.
Next Meeting: August 25, 2024 at 9:30 am
Adjournment: Doug motioned to adjourn the meeting at 12:10pm. Jeff seconded. All in favor.
Minutes June 23, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30 am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman, & Tim Robison
Board members absent: None
Staff Present: Allison Cash, Nick Kluge
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add “Bid for Chipping” to Administration Report
Add “Procedures” to Administration Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-May 19, 2024
May 2024 Financial Reports
Staff Operations Report
Wilson Progress Report May 2024
Tim would like to discontinue using the Consent Agenda beginning at the July 2024 BOD meeting.
Leslie motioned to approve the Consent Agenda and the May 19, 2024 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Susan Baker read a letter she wrote to the board regarding LISECC Rules & Unsightly Properties. During the discussion, Jeff suggested holding a community forum to brainstorm possible solutions. There was also discussion about a possible AGM questionnaire with advisory questions.
Social Committee Report
Carol McKinney reminded everyone about the Luau on June 29 from 5:30 pm-7:30 pm at the Clubhouse.
Mark Sexton addressed the board to remind everyone of the very costly lawsuits brought against the board and the community in the past and to discourage the board from any negotiation with the individuals who originally brought the lawsuits.
Disaster Preparedness Committee Report
Siren controller will be installed on June 24, 2024.
A card has been designed to be distributed to members with important phone numbers and information about what to do in an emergency.
The committee is planning a meeting in July for existing Map Your Neighborhood leads and anyone who is interested in becoming involved.
A small group text has been created to include the Battalion Officer of the LIFD, LISECC board members, LISECC staff and committee members.
In addition, a group text will be sent to LISECC members who have opted in to receive disaster alert texts.
The committee has received the NOAA radios but has not distributed them yet.
Board Reports:
President:
Water Treatment Plant Forums-Jim proposed that the board host at least two community forums to discuss the new water treatment plant.
The first forum would focus strictly on the history of the water treatment plant replacement project. It will be a comprehensive discussion of why we need the new water treatment plant.
The second forum would address the funding for the water treatment plant replacement project. LISECC is planning on seeking a low-interest 40-year loan with the USDA.
Nooksack Watershed Adjudication
It is unclear how LISECC will have to respond, but LISECC will respond for the entire water system; members of LISECC will not have to file individually.
2024 AGM
Tim motioned to reschedule the 2024 AGM for Saturday, September 28, 2024 at 10:00 am. Leslie seconded. All in favor.
General Manager Report
Payment Plan Request
Tim motioned to approve the proposed payment plan. Jeff seconded. All in favor.
Lien Warning Notice
Leslie motioned to approve sending the lien warning notice and filing the lien in the event the payment is not received prior. Tim seconded. All in favor.
2023 Draft Audit
Tim motioned to approve the 2023 Audit. Leslie seconded. All in favor.
2024 Reserve Study
Discussion of the findings of the reserve study and the recommended reserve contribution for 2025. The board would like to schedule a virtual meeting with the reserve specialists to address specific questions about the report.
Operations Manager Report
DOH-Technical Assistance Report
The DOH was here for a tech assistance site visit. It was a very helpful visit and they provided good pointers for maintaining compliant water for our current treatment plant.
Consumer Confidence Report
A draft was presented to the board for their review. The report will be finalized and sent out to LISECC water consumers by the end of the week.
Kingworks Engineering Services Proposal
Whatcom County requires an engineer stamp on the drawings for the reservoir gangway. Nick contacted three engineering firms, but only received one estimate. Kingworks has provided a time and materials estimate for $4,500.00.
Critical Area Assessment for Dickinson Lake
In order to apply for the HPA (Hydraulic Project Application), we must complete a critical area assessment. After contacting three wetlands’ specialists, we received a bid from NW Ecological Services for $6,400, which would review the reservoir and the swim lake.
Tim motioned to approve up to $12,000 for the Kingworks Engineering Proposal and the critical area assessment from Reserves. David seconded. All in favor.
NW Tech Services Proposal-For the last few years, staff have been struggling with IT challenges. NW Tech Services would help us create a secure network for all of our data management and would provide us with IT support as needed. The board offered their support in pursuing this option.
VP/Secretary: No report
Finance
Review of Draft 2025 Budget-The budget is almost ready for the board to review, but Leslie needs the final figure for the reserve contribution before the draft can be presented.
Administration:
David reviewed the status of the 2 remaining delinquent properties.
David recommended getting an additional bid for chipping from Dan Dittrich for Firewise 2025.
David motioned that all interactions and all work requests between any board member and staff goes through the president who disseminates the information to the General Manager. Tim seconded. All in favor.
Operations/Water: No report
New Business: None
Old Business: None
Other Business:
Additional discussion about scheduling community forums and the process of applying for the USDA loan.
Next Meeting: July 28, 2024 at 9:30 am
Adjournment: Leslie motioned to adjourn the meeting at 11:58 am. David seconded. All in favor.
Minutes May 19, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:31am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Leslie Dempsey, David Canterman, & Tim Robison (via Zoom)
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth, Nick Kluge
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-April 28, 2024
April 2024 Financial Reports
Staff Operations Report
Wilson Progress Report April 2024
Tim motioned to approve the Consent Agenda and the April 28, 2024 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications: None
Board Reports:
President: No report
VP/Secretary: No report
Finance
Reserve Transfer-Leslie motioned to transfer $2,057.41 from Reserves for Integrated Underwater Services Invoice 2189 for the pipe inspection in the Reservoir. Jeff seconded. All in favor.
2025 Budget Discussion-Leslie sought input from the other board members for preparing the upcoming budget.
Administration: No report
Operations/Water
Clark Circle
The engineer is working with the various agencies involved to see if the current plan is feasible.
Tim anticipates getting bids for the Clubhouse deck sometime in the fall of 2024 for replacement in 2025.
The siren controller has been delivered, but it won’t be installed until after dry dock.
Quote for Pond Weed Tool-$9,260.00.
Nick presented the option of purchasing a winch powered dredge for mitigating the pond weed in the swim lake.
Tim raised concerns about obtaining a permit prior to purchasing any equipment.
David motioned to approve $9,261.00 for the lake weeder’s machine subject to obtaining all required permits prior to purchasing the equipment. Motion was not seconded. David withdrew the motion.
Nick will get more information on permitting and assemble a cost estimate to include aerators for presentation at the June BOD meeting.
New Business: None
Old Business: None
Other Business:
Next Meeting: June 23, 2024 at 9:30 am
Adjournment: Jeff motioned to adjourn the meeting at 10:43 am. Leslie seconded. All in favor.
Minutes April 28, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey, & David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth, Nick Kluge (via Zoom), Justin Swaen (via Zoom)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add “Siren Controller Purchase” to Operations Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-March 23, 2024
March 2024 Financial Reports
Staff Operations Report
Wilson Progress Report March 2024
Tim acknowledged Nick’s hard work on the Operations Report and the additions he made to the report.
Tim motioned to approve the Consent Agenda and the March 23, 2024 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Randy Cousineau-Firewise Updates
Randy has tentatively accepted the position of Firewise Coordinator to LISE. After discussion with the Lummi Island Fire Department there are funds available for chipping this year, but it is for the entire island, not just Scenic Estates. Going forward, Randy would like to see buy in from the community with LISE budgeting some money along with member contributions. Tim motioned to allocate $1500 for the Firewise program, which is conditioned on asking for a donation from members who use the chipping service. Randy clarified that he believes there is money available this year for chipping, so money is not needed this year. Tim withdrew the motion.
Steve DuPont-Request for chipping event sponsored by LISE-Addressed by discussion with Randy Cousineau.
Carol McKinney-Presentation on behalf of the Social Committee
June 29th-Luau
Discussion of having a fire dancer perform at the luau. David motioned not to authorize a fire dancer for the luau. Leslie seconded. Tim voted in favor of allowing the fire dancer. Leslie, David, and Jeff voted against the fire dancer.
July 20th-Kevin Southworth’s retirement party
August BBQ at the Cabana
September-Paint & Sip at the Clubhouse
October-Murder Mystery Dinner
November 2nd-Movie Night
James Southard & Leslie Dempsey-Presentation from the Disaster Preparedness Committee
James and Leslie presented the work of the disaster preparedness committee using a power point presentation.
The committee emphasized that any emergency notification/alert is on a best effort basis. There can be no guarantee that the staff/board/volunteers will be able to implement the protocols in the event of an actual emergency.
Phase 1: Test Siren
Phase 2: Re-implement Siren
Implement Manual Siren Protocols
Mass Text Messaging
Communications
Phase 3: Continuous Improvement
The disaster preparedness committee asked for approval to implement Phase 2: Re-implement Siren. Tim motioned to approve the proposal presented by the disaster Preparedness Committee. Jeff seconded. All in favor.
Emergency Siren Controller Proposal
David motioned to approve payment of $4000 from Reserves to cover the siren and installation cost, the printed materials, and other expenses that the disaster preparedness committee has identified. Tim seconded. All in favor.
Jim called for a brief recess at 11:14 am. The meeting will reconvene at 11:24 am.
Jim reconvened the meeting at 11:22 am.
Board Reports:
Administration
David provided an update on the 4 remaining delinquent accounts that are currently in the process of foreclosure.
President
Water Rights Adjudication in the Nooksack Basin
Under WA water laws, those holding the oldest water rights have the priority. LISECC holds water rights certificates dating back to 1969.
LISECC will respond to the summons as the supplier; individuals within LISECC should not need to respond.
60% Water Treatment Plant Plans were received last week from Wilson Engineering. The board has not had sufficient time to review the plans but intends to do so soon.
General Manager Report
Lien Warning Notices
Tim motioned to proceed with water shut off and lien filings per our policies, provided the members do not bring their accounts current. Leslie seconded. All in favor.
Policy 6, 14 & 20 Updates
Tim motioned to approve the changes to the policies as described by the General Manager. Leslie seconded. All in favor.
VP/Secretary: No report.
Finance
Reserve Transfers $212,796.19
Ram Construction Foundation Repair $177,008.90
Clubhouse Furnace Replacement $15,642.28
Clubhouse Electrical Upgrades $9,448.20
GeoTest $5,108.50
Kingworks Structural Engineers $892.50
Integrated Underwater Services $4,695.81(Storage Tank Cleaning)
Leslie motioned to transfer $212,796.19 from Reserves to cover the Clubhouse foundation repair and associated costs, the electrical upgrades and the storage tank cleaning. Tim seconded. All in favor.
Operations/Water
Water Quality Testing will be re-implemented beginning May 2024.
Reserve Study
Draft input form reviewed by Tim. If there are no significant changes, Allison will submit it to the reserve specialists.
Clark Circle Plan/Feasibility
We have received new engineering that can be used to get cost estimates for the project.
Sedimentation and Depth Contour Survey
This survey will give us updated information about how the reservoir is changing. Tim motioned to accept the proposal from AquaTechnex in the amount of $3,200 with funds coming from Reserves. Leslie seconded. All in favor.
Logitech Group Video Conference for Zoom
Tim provided information for the board’s consideration.
New Business: None
Old Business: None
Other Business:
Next Meeting: May 19, 2024 at 9:30 am
Tim motioned to enter Executive Session at 12:08 pm to discuss Employee Matters & Legal Matters. Jeff seconded. All in favor.
The board returned to regular session at 12:41 pm. Two motions were made during the Executive Session.
Tim motioned to adopt the proposed employee compensation package. Jeff seconded. All in favor.
Tim motioned to retain the office of Greg Thulin for foreclosure in the amount of $2500 with David as the contact person to work with the attorney. Leslie seconded. All in favor.
Adjournment: Tim motioned to adjourn the meeting at 12:42 pm. Jeff seconded. All in favor.
Minutes March 23, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jeff called the meeting to order at 9:30am via Zoom Video Conferencing.
Board Members Present: Jeff Smith, Tim Robison, Leslie Dempsey, & David Canterman
Board members absent: Jim Coats
Staff Present: Allison Cash, Kevin Southworth (joined after call to order) & Justin Swaen (joined after call to order)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add “Beach Ave. Road Repair” to Finance Report
Add “Clubhouse Update” to Operations Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-February 25, 2024
February 2024 Financial Reports
Staff Operations Report
Wilson Progress Report February 2024
Leslie noted that the February 25, 2024 BOD Meeting Minutes have a typo. Under the Finance Report, it reads that a transfer of $75.00 was approved for the year-end transfer instead of $75,000.
Tim motioned to approve the Consent Agenda and the February 25, 2024 BOD Meeting Minutes with the noted change. Leslie seconded. All in favor.
Member Communications:
Carol McKinney spoke to the board about the Spring Roadside Clean-Up. All participants will meet at the Grange at 9:30 am on April 6.
Jerry Crawford addressed the board to ask if there will be Firewise chipping this spring.
Currently, LISE does not have a Firewise Coordinator. Anyone interested in the position should contact the Disaster Preparedness Division of the Lummi Island Fire Department.
Jeff read a letter from Guy Brooks & Laurie Shierk re: Noncompliant HOA Neighbor.
Jeff will draft a response to the members.
Board Reports:
President
General Manager Report
LISE Firewise Coordinator-Discussed during Member Communications
Proposed Assistant Operations Manager Job Description (Section 5.8)-Tim motioned to approve the job description as proposed with the modification of including “inspecting dams” in the Daily Responsibilities. Leslie seconded. All in favor.
VP/Secretary: No report
Finance
Review of February financial reports.
Beach Ave. Road Repair
Leslie was contacted by the Whatcom County Engineer/Project Manager overseeing the road repair. He has made appointments with the affected owners to discuss the plan for the repair. The repair work is scheduled for August/September 2024.
Reserve Transfers
$882.50-Clubhouse Foundation Repair
Kingworks Structural Engineers-$200
GeoTest-$682.50
$1806.91-Correct Equipment (Water Meters)
Leslie motioned to transfer $882.50 for the Clubhouse foundation repair and $1,806.91 for water meters from Reserves. Tim seconded. All in favor.
Administration
David provided an update on the 4 pending foreclosures.
Discussion about tree houses and other non-conforming structures and the role of the board in enforcing county codes. After discussion, the board encouraged concerned members to report non-conforming structures to the county. In addition, the board will draft a letter to the property owner informing them that they are out of compliance and that LISECC is filing a report with the county.
Proposed revision of 5.4.5.3. Animal Waste Within the Sanitary Control Area:
All owners and visitors must prevent animal waste where possible and remove any that may be deposited in the Sanitary Control Area. All individuals are reminded not to feed deer or other wild mammals, as this action increases the concentration of these animals and their waste. Pets are prohibited in the Cabana/lake area, and all individuals are asked to refrain from walking their pets along Dogwood Terrace, Rosewood Terrace, and Carol Lane, as these roads are part of the SCA. Keeping of any animal of the species horse, mule, ass, cattle, sheep, goat, pig, chicken, and exotic animals within the SCA is prohibited. Any ruminants or livestock that are kept in the SCA will result in a fine of $50 per day per ruminant or livestock, until the animal or animals are removed.
Tim motioned to approve the revision to 5.4.5.3. as proposed. Leslie seconded. All in favor.
Proposed addition of 5.4.5.3.1. Use of Sheep, Goats, Cattle, or Other Ruminants for Property Maintenance
Owners may use ruminants (grazing animals such as sheep, goats, cattle, etc.) on a temporary basis to mitigate noxious or unsightly vegetation for up to 30 days so long as the animals are confined within a fence of sufficient height and strength in such a manner that they cannot get upon any street or commit any nuisance to neighboring properties. Animals must be removed after this time period. The animals must be kept in a healthy condition by the persons owning or possessing them. Failure to adhere to time limitations and/or humane treatment may result in a fine of $50 per day per animal, up to $100 per day per animal for repeat or egregious infractions. Any infractions will be reported to animal control. The property owner will be responsible for all fines and any damage to the adjoining properties caused by the animals. Note: Ruminants may not be used within any area designated as a Sanitary Control Area and will be subject to the same schedule of fines.
David motioned to adopt 5.4.5.3.1. as proposed. Tim seconded. All in favor.
Operations/Water
Tim presented a slide show of the Clubhouse foundation repair. Furnace installation is scheduled for April 11, 2024.
Quotes for Swim Lake Weed Removal
We received three quotes for weed removal in the Swim Lake including applying herbicide, installing one aerator fountain or installing two aerator fountains. The board expressed concern about using herbicide in the swim lake as it is an auxiliary water source. The board would like to explore using a mechanical option for weed removal.
New Business: None
Old Business: None
Other Business:
Next Meeting: Sunday, April 28, 2024 at 9:30 am.
Adjournment: Tim motioned to adjourn the meeting at 11:56 am. Leslie seconded. All in favor.
Minutes February 25, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30am via Zoom Video Conferencing.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey, & David Canterman
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth, & Nick Kluge (joined at 9:34am )
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add Clubhouse Update to Operations Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-January 21, 2024 & February 8, 2024 Special BOD Meeting Minutes
December 2023 & January 2024 Financial Reports
Staff Operations Report
Wilson Progress Report January 2024
Tim motioned to approve the Consent Agenda and the January 21, 2024 BOD Meeting Minutes and the February 8, 2024 Special BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Tommy Hester addressed the board to request that the board prioritize bringing Clark Circle into compliance.
Report from LISE Disaster Committee
The committee met with Kevin to inventory disaster supplies in the maintenance shop. While they were there, they identified a place on the exterior of the shop where a white board can be mounted. There was also discussion about having the siren control moved to a locked box on the outside of the maintenance shop so that it is accessible to committee members.
James Southard and Allison talked about providing an option on the LISECC website where members can opt in to be notified by text in the event of an emergency. This is something that is going to need additional brainstorming.
Request for Update on Swim Lake Weed Mitigation
The consultant has rescheduled for March, so there are currently no updates.
Board Reports:
President
Logging Appeal Update
LISECC participated in a preliminary hearing to confirm our desire to continue with the appeal. All parties involved were present at the hearing. Many of the details cannot be shared at this time, but the board has put in a lot of work on the appeal, and they are pleased with the progress so far.
General Manager Report
Revised Payment Plan Request
The members requested a revised payment plan to be extended over 24 months. Tim motioned to approve the payment plan as proposed by the General Manager. David seconded. All in favor.
Lien Warning/Water Shut-Off
Tim motioned to approve proceeding with the lien filing and water shut-off on March 9, 2024 if the members do not request a payment plan or make a payment. David seconded. All in favor.
Employee Evaluations
Allison, Jim and Leslie will work on the evaluations and share with the board before finalizing.
2024 Reserve Study Bid
The 2024 Level 3 Reserve Study will cost $1000 plus $350 for the presentation of findings.
Wilson Bench Testing Proposal
After a discussion between Wilson Engineering and the DOH, Brian Smith is recommending that we do not proceed with the WesTech bench testing proposal.
Reservoir Gangway Project Update
A pre-application meeting has been scheduled with Whatcom County and the HPA has been submitted to Fish and Wildlife.
VP/Secretary: No report
Finance
Additional 2023 year-end reserve contribution
Based on the 2023 year-end financial reports, Leslie motioned to make an additional year-end reserve contribution of $75,000.00 from the WECU Operations account to the Fidelity Money Market account. David seconded. All in favor.
Reserve Transfers for Clubhouse Foundation Repair
Leslie motioned to make a transfer from reserves to pay the following invoices for Whatcom County, Kingworks Structural Engineers and GeoTest. Tim seconded. All in favor.
Whatcom County (Revised Building Permit) $123.60
Kingworks Structural Engineers $1,535.28
GeoTest $5,119.36
Administration: No report
Operations/Water
LISECC Habitat Report
LISECC received the eel grass survey which shows that there are eel grass beds beyond our docks. This means that the Department of Fish and Wildlife would not support relocating our docks as DNR has suggested.
Clubhouse Update
A mechanical permit for the new Clubhouse furnace was submitted, but the county is requesting additional drawings of the building.
Ram Construction will be back the week of February 26, 2024 to resume work on the Clubhouse.
Exterior lighting has been added around the Clubhouse.
Deferred Clubhouse/Marine Area Maintenance
Tim identified some maintenance he would like to see completed.
Clubhouse Drainage/Clark Circle Engineering
After discussions with a civil engineer, it was suggested that a bigger catch basin would fix the Clubhouse drainage issues. Additionally, on Clark Circle, the engineer suggested a different way of approaching the turnaround area that would not require as much excavation.
On September 17, 2022, there was a motion to allocate $10,000 for activities related to bringing Clark Circle into compliance. Approximately $6,000 remains in that budget. Tim motioned to contract with Leo DiFrancesco for an amount not to exceed $6000 to provide updated engineering for Clark Circle and the Clubhouse drainage. David seconded. All in favor.
New Business: None
Old Business: None
Other Business:
Next Meeting: Saturday, March 23, 2024 at 9:30 am. The Clubhouse will be closed due to construction, so the meeting will be Zoom only.
Executive Session to discuss legal matters related to the logging appeal. Jeff motioned to go into Executive Session at 11:35am for the sole purpose of discussing the legal aspects of the logging appeal. Tim seconded. All in favor. The board returned to Regular Session at 12:19pm. No motions were made during Executive Session.
Adjournment: Jeff motioned to adjourn the meeting at 12:19pm. Tim seconded. All in favor.
Minutes February 8, 2024
/Special BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the Zoom meeting to order at 1:04 pm.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey & David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
Jim welcomed the members and explained that the purpose of the Special Meeting of the Board of Directors is to hold an Executive Session to discuss the legal matters pertaining to our appeal of the logging permit on Seacrest Dr.
Tim motioned to go into Executive session at 1:05pm. Jeff seconded. All in favor.
The board returned to regular session at 3:57pm. During the Executive Session, the legal aspects of the logging appeal were discussed. No motions were made during Executive Session.
Adjournment: Jeff motioned to adjourn the meeting at 3:58 pm. Leslie seconded. All in favor.
Minutes January 21, 2024
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the meeting to order at 9:30am via Zoom Video Conferencing.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey, & David Canterman
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth, & Nick Kluge
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Remove Permits & Planning for Aquatic Plant Control from Operations/Water Report
Add Policy Statement 7 Revision to General Manager Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-November 19, 2023, December 17, 2023, & January 4, 2024 Special BOD Meeting Minutes
Staff Operations Report
Wilson Progress Report December 2023
Tim asked whether there was a deadline to submit the Dam Emergency Action Plan mentioned in the Operations Report. Nick responded that it was due by the end of 2023 and was submitted after being proofed by himself and the Department of Ecology.
Tim questioned the status of the Reservoir Gangway permitting.
Tim asked for clarification on the pondweed removal item noted in the Operations Report. Nick stated that Northwest Aquatic Management is scheduled to come out for a consultation in February 2024.
Tim motioned to approve the Consent Agenda and the November 19, 2023 BOD Meeting Minutes, December 17, 2023 BOD Meeting Minutes, and the January 4, 2024 Special BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications: .
Report from LISE Disaster Committee
The LISE Disaster Committee hosted a hybrid meeting (in person and Zoom) on January 10, 2024. Participants were enthusiastic to help with small projects identified by the committee.
Leslie presented the idea of using the LISE website to provide a place for members to opt into a cell phone text tree for disseminating disaster information. Phone numbers would be kept confidential and only used for emergency notifications. Additionally, we could order a repositionable sign that can be displayed on the whiteboard, at social events, etc to encourage members to opt into the phone tree.
Leslie emphasized that any emergency/disaster notifications by the LIFD or LISE are on a best effort basis. Notification cannot be guaranteed.
Discussion of need for more Map Your Neighborhood leads in Scenic Estates.
The LISE Disaster Committee plans to hold periodic Scenic Estates Map Your Neighborhood gatherings to share information/ideas.
Board Reports:
Administration
Foreclosure Updates
David shared an updated sheet with the board showing that we currently have 3 accounts in arrears.
On the first account, we have completed the legal process of notifying the account holder and can now proceed with setting a sale date for the property.
On the second account, we are still in the appeal process. However, in the meantime, we are collecting 9% interest on the judgement.
On the final account, we are waiting to resolve the aforementioned account before we can proceed.
President
Logging Appeal-The WA Attorney General has acknowledged receipt of our appeal. An appeal hearing has been scheduled for December 2, 2024.
Revised New Member Welcome Letter
Add bullet point about LISECC Social Events to the letter.
Discussion of sending out the information page to all members with the AGM packet.
General Manager Report
Payment Plan Default
We have one payment plan where the members have missed the last two monthly payments and they have not responded to the three payment reminder notices that have been sent out. The terms of the payment plan agreement state that late payments are considered a default, which will result in automatic and immediate collection efforts including water disconnection and filing of liens. Tim motioned that we proceed with sending a lien warning notice and water shut off notice to the members and proceed with both if there is no response. David Seconded. All in favor.
Policy Statement 7 Revision-Late Fees
Late fees are currently charged on February 1 & July 1. However, this means late fees are imposed when members are 1 day delinquent on their semi-annual dues. Allison suggested that the date of invoice for late fees is moved to March 1 and August 1 when the invoices become 30 days delinquent. Tim motioned to change the date lates fees are invoiced to March 1 and August 1. Leslie seconded. All in favor.
VP/Secretary
Jeff will contact DNR about what we can do to protect our watershed.
Finance
Due to the recent weather, the December 2023 financials are not yet available. Once we receive them, Leslie and Allison will identify if there is any surplus money from 2023 to be transferred to the reserve accounts.
Allison is working on linking the Fidelity and WECU accounts so money can be moved between the two institutions.
Operations/Water
Discussion of the possibility of closing Dogwood Terrace to nonemergency vehicles at Island Dr. intersection. The board agreed not to pursue at this time.
Installation of Gap Bridging for Docks and Ramp-Chris Immer has been contacted about completing this project.
Clubhouse Electrical-Elm Electrical has provided a quote for putting the main lights in the clubhouse on one breaker. They will also install two smoke alarms-one in the kitchen and one in the main area. David motioned that we hire Elm Electric to do the repairs on the electrical panel in the Clubhouse in an amount not to exceed $1500. Leslie seconded. All in favor.
David motioned that we hire Elm electric to replace the electrical outlets, connect the new furnace and disconnect the parking lot light in an amount not to exceed $1500. Jeff seconded. All in favor.
Marine Area Parking Lot Light is not working. The light is on a PSE pole. PSE has a program where they will install LED lights on their poles. Tim has contacted PSE and will report back.
David left the meeting at 11:09am.
Clubhouse Foundation Work Update-Initial excavation has started, but bedrock is 2 feet further down than initially anticipated. The contractors and engineers are working together to determine next steps.
Additional work has been identified by Ram to comply with Whatcom County building codes:
Crawl Space Footing, Exterior Wall & Door
Lower Deck Access Gate
Furnace Room
Tim proposed to have Ram complete the aforementioned projects as an add on to the Clubhouse foundation work.
Furnace Replacement and Mechanical Permit- We have received two bids for furnace replacement, but because of the recent weather, we are waiting on the third estimate. (The third company is scheduled to come out to provide an estimate next week.) Leslie motioned to replace the existing 20-year-old Clubhouse furnace with a new forced air gas furnace and ducting at a cost equal to or less than $18,000.00. Jeff seconded. All in favor.
Exterior Deck Beam Engineering-The beam was originally designed to be 30 feet long, which is not going to work. The engineer is going to modify the existing plans using three 10 foot beams.
New Business: None
Old Business: None
Other Business:
Next Meeting: February 25, 2024 at 9:30 am. The Clubhouse will be closed due to construction, so the meeting will be Zoom only.
Adjournment: Tim motioned to adjourn the meeting at 11:53 am. Leslie seconded. All in favor.
Minutes January 4, 2024
/Special BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the Zoom meeting to order at 7:00 pm.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey & David Canterman
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
Jim welcomed everyone to the meeting and began by acknowledging the map that Elizabeth Kilanowski created that LISE altered to illustrate the potential path from the logging harvest site to Inati Bay.
The purpose of the meeting is to discuss the appeal of Forest Practices Permit FPA/N 2819206 for a 66-acre parcel just north of LISE. LISECC has prepared an appeal letter that is being sent to the Department of Natural Resources, the Office of the Attorney General, and the Pollution Control Hearings Board.
Jeff discussed the two potential routes that could be utilized for moving the timber from the harvest site; north to the ferry or south through LISE to Inati Bay.
The LISE Board has contacted Whatcom County Public Works & Engineers. While those departments feel that the potential level of traffic from harvesting the 66 acres would damage the county roads, they don’t necessarily have a way to address any concerns before damage occurs.
Dan Thane suggested that we incorporate the idea of requiring a bond to cover the potential damage to the roads and water main infrastructure to our appeal letter.
Jerry Crawford would like the board to widen the scope of the letter and include a letter to Whatcom County Public Works. He also suggested taking current photos of the switchbacks so that we can document any future damage.
Nancy Uding suggested that the Heritage Trust could ask for donations to buy the LILCO property.
Leslie encouraged members to write an appeal letter regarding FPA/N #2819206 . The letter must be received in writing by the DNR, Office of the Attorney General and Pollution Control Hearings Board by January 13, 2024. In addition, the board encouraged sending letters to local government.
Jim reiterated that LISECC’s primary basis for the appeal is to protect our infrastructure and roads, it is not about the act of logging.
Tim motioned to authorize the Board Secretary to file an appeal of the Forest Practices Permit FPA/N #2819206. Leslie seconded. All in favor.
Carrie Garde expressed her gratitude to the board for the work they have done regarding this matter.
Adjournment: Leslie motioned to adjourn the forum at 7:59 pm. Jeff seconded. All in favor.
The following is a draft of the letter of appeal.
Appeal to DNR for consideration of FPA/N #2819206 granted to LILCO on 12/14/2023
Ref: FPA/N #2819206
From: Board of Directors, Lummi Island Scenic Estates
To whom it may concern:
We, the members of the Board of Directors for Lummi Island Scenic Estates (LISE) ask that the determination to allow timber harvesting on 66 acres adjacent to our properties be reviewed and disallowed based on the impact to the life, safety and property of our community and the impact on roads and properties of Whatcom County.
Lummi Island Scenic Estates is a community of 400 lots owned by 329 property owners situated on the slopes of Baker Mountain. Baker Mountain occupies roughly the southern third of Lummi Island and is an area characterized by steep slopes densely forested with second-growth conifers and deciduous trees. Access and egress to this residential community is via a single county road – Seacrest Drive – that turns into Island Drive at the entrance to Lummi Island Scenic Estates. Island Drive ends at the southern terminus of LISE near the peak of Baker Mountain. The 66 acre parcel subject to FPA/N #2819206 is directly to the north of LISE. Seacrest Drive is the only access to the community and in the event of a medical emergency, disaster or wildfire is the sole means of evacuation or transport of equipment and first responders.
As stated in the Forest Practices Application submitted by Lummi Island Land Company (LILCO) and approved by DNR, LILCO plans on harvesting 1.5 million Board Feet of timber from the 66 acre parcel. Using industry standard calculations, at least 250 fully loaded timber semi tractor/trailer loads will need to be transported to the mills on the mainland. There are only two options to transport this lumber – either via County roads north to the docks for the small, open, 18 car ferry run by Whatcom County that services the residents of Lummi Island, or to transport the logs south to the terminus of Island Drive where there is access to a private un-paved road to a potential rafting area at Inati Bay. This unpaved road (essentially a trail) runs through properties owned by the Lummi Island Heritage Trust (LIHT) and LILCO. History indicates that LILCO will preferably use this road as access to their log skid to the waters of Inati Bay to consolidate its timber before hauling in rafted floats to mills on the mainland.
The result is that 250 log trucks, fully laden on the out-board run and empty on the return run – 500 trips total – will use the only road to service the south end of the island that runs directly through LISE. This is a two-lane road typical of those in lightly populated areas within Whatcom County – chip paved and serviced only when necessary. The road as it goes through LISE is extremely narrow, steep and at times consists of very tight switchbacks and hairpin turns that are hazardous for vehicles of the size required to transport logs. This section of road was not striped after a recent chip paving by the county – the operators of the striping truck didn’t consider it safe for their equipment. Likewise, the new, heavy duty snow plow the county dispatched to our area was not able to safely negotiate the switchback. This road runs directly through the heart of the LISE Community where single-family homes are most dense.
The level of traffic indicated in this logging application is a direct threat to the safety and security of those who live on or near this single access road. Island Drive is regularly used by pedestrians and dog walkers, many of which are elderly. There are no sidewalks and shoulders are limited or non-existent. Pedestrians will be at grave risk to logging trucks trying to traverse these roads. Logging trucks will have to slow or stop to allow pedestrians to safely get out of the way, an especially dangerous maneuver on very steep roads and switchbacks.
The roads here on the southern end of Lummi Island are known to be fragile. In November of 2021 when an atmospheric river inundated the area with heavy rains resulting in flooding in Whatcom County, the water run-off from the steep mountain terrain here resulted in cataclysmic failures of roads and culverts. Two roads in LISE – Island Drive near the entrance to our community and Beach Road – were both ravaged by the waters. Neither has had repairs completed by Whatcom County Public Works as of yet. According to county engineers, the amount of truck/trailer traffic indicated by the application will certainly strain this infrastructure to its breaking point.
We, the Board of Directors of LISE ask that the application to harvest these 66 acres be reviewed and rescinded based on:
Impact to the safety of life and security of the residents of LISE
Impact to the infrastructure – county roads and drainage system of Lummi Island
Impact on private roads in the area
Respectfully submitted by the Board of Directors, Lummi Island Scenic Estates
Minutes December 17, 2023
/BOARD OF DIRECTORS’ MEETING
Call to Order: Jim called the hybrid meeting to order at 9:30am at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey, & David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash, Kevin Southworth, & Nick Kluge (joined after the meeting was called to order)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-November 19, 2023 & Community Forum Minutes-Dec. 4, 2023
November 2023 Financial Reports
Staff Operations Report
Wilson Progress Report November 2023
The November 19, 2023 Board of Directors’ Meeting Minutes require review and will be presented at the January 2024 Board of Directors’ Meeting for approval.
Jeff motioned to approve the Consent Agenda and the December 4, 2023 Community Forum Minutes. Leslie seconded. All in favor.
Tim motioned that the December 4, 2023 Community Forum Minutes should be amended to note that Linda Mortenson was introduced as a member of the Water Committee and she was asked if she had any comments. The motion was not seconded.
Member Communications: .
70018 & 70019-Letter re: Water Conservation-Jim read Dan Thane’s letter aloud. Jim thanked Dan for his comments and input about conservation and managing leaks. In response to Dan’s comments, Jim briefly reviewed the history of the water rates and the cost of producing water. Jim also noted that LISECC has an existing rule (5.4.3.2.) which states that members are required to repair leaks in a timely manner at the members’ expense.
Doug Lilyroth addressed the board to request that construction workers working on his house can use 2-3 spaces of Clubhouse parking from Dec. 20-28, 2023 during the week. He noted that there would be no overnight parking and no parking on weekends. The board granted the request provided that the cars are parked in marked spaces only and do not block the boat trailer parking.
Report from LISE Disaster Committee-Leslie reported that she, James Southard, and Jim Coats met with Lummi Island Fire Chief Michael Lish, John Granger and Joan Moye to address a concern about how to quickly notify LISE residents of a disaster, particularly a wildfire. The idea they discussed is that the LIFD Officer on Duty will use a group chat to send a text to the LISECC General Manager along with any other designee to alert them of the nature of the disaster and the location. The disaster committee is developing a protocol for how they disseminate that information to LISE residents. A Zoom invitation has been sent out for a Disaster Preparedness meeting on January 10, 2024 for anyone interested in more information.
The LIFD is very appreciative of what the committee has put together and is happy to work with them.
Board Reports:
President
Q & A for Wilson Engineering-Jim reviewed the questions recently raised by the board regarding the status of the water treatment plant replacement project and Brian Smith’s (Wilson Engineering) responses. Points addressed included:
Raw Water Pumping Design
Topographic Survey
Working Model of the Membrane Treatment Plant
BABAA
USDA Loan
BABA Waiver-Brian Smith has submitted a DRAFT Build America Buy America Waiver Request Data Collection form for the board to review. The board discussed what has been drafted so far and Jim and Jeff will incorporate the board’s feedback into the draft and resubmit it to the board for final approval. It will then be shared with Wilson Engineering for submittal.
General Manager Report
Purchase Authorization for UV254 P200 Portable Meter with Rechargeable Battery Pack: $2,580 + tax & shipping. This is being recommended by the DOH and will assist the water operators in monitoring the TOC content of both the raw and finished water, it will give them a better picture of their coagulation and dosing, and it will be beneficial in the new treatment plant for monitoring the performance of the membrane filters. Tim motioned to approve the purchase of the UV254 P200 Portable Meter with Rechargeable Battery Pack. Jeff seconded. All in favor.
VP/Secretary
Jeff is planning on contacting the local Department of Ecology representative about what we can do to protect our source water in response to pending logging applications within or near our watershed.
Discussion additional steps we can take to define our watershed and protect it.
David will draft a letter to the attorney to inquire about our options for protecting the value of the lots that we have a judgement against.
Finance
Reservoir Gangway- Leslie motioned to transfer $16,714.53 from Reserves for the reservoir gangway. Tim seconded. All in favor.
Leslie reviewed the LISECC Reserve Funds Allocation report. Going forward, the information will be on the monthly balance sheet.
Review Draft Update of Policy 13-Tim motioned that we amend Policy 13 as presented by the financial officer. Jeff seconded. During discussion, three changes to the policy were suggested. All in favor.
Operations/Water
Letter of Map Revision-FEMA has formally changed the flood map to remove the Clubhouse building from the flood zone. We have received an official letter to reflect the changes.
Ram is expected to start construction on the Clubhouse foundation the first week of January.
The Clubhouse building permit requires geotechnical inspection. GeoTest Services, Inc. has submitted an estimate for Construction Special Inspection & Materials Testing. Tim motioned that we approve the GeoTest services contract for geotechnical inspection in an amount not to exceed $10,000 from Reserves for earthwork and concrete inspections exempting fiber reinforced polymer and structural steel inspections. Leslie seconded. All in favor.
During construction on the Clubhouse foundation, access to the Clubhouse driveway and parking lot will be limited to LISECC staff and RAM construction vehicles.
Tim raised the idea of having a one-time third-party review of the engineering and budget for the new water treatment plant. It is estimated that a third-party review would cost about $10,000.
Administration
The remaining foreclosures are still in progress, but there are no new updates.
New Business: None
Old Business: None
Other Business:
Next Meeting: January 21, 2024 at 9:30 am. The Clubhouse will be closed due to construction, so the location of the meeting will be determined.
Adjournment: Jeff motioned to adjourn the meeting at 12:56. Leslie seconded. All in favor.
Minutes December 4, 2023
/Water use efficiency goals community forum
Call to Order: Jim called the Zoom meeting to order at 7:00 pm
Board Members Present: Jim Coats, Jeff Smith, Tim Robison, Leslie Dempsey & David Canterman
Board members absent: None
Staff Present: Allison Cash, Nick Kluge (joined after the meeting was called to order)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda: None
New Business:
Jim welcomed LISECC members to the forum and stated that the purpose of the forum is to allow public comment on the Water Use Efficiency Goals.
The board members took turns reading the Water Use Efficiency Goals aloud.
The following LISECC members commented on the Water Use Efficiency Goals:
Linda Mortensen commented that the WUE is a state led effort, not a voluntary effort.
Louise Weber would like the board to revisit the water usage rates.
Carrie Garde commented that she supports a closer look at the water usage rates.
Nick Kluge stated that it is not uncommon for water utilities to use tiered rate structures to promote water conservation.
Adjournment: Tim motioned to adjourn the forum at 7:25 pm. David seconded. All in favor.
