Minutes March 23, 2025
/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 HISTORICAL DOCUMENTS AVAILABLE ON REQUEST FROM THE BUSINESS OFFICE.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 February 23, 2025
/Board of Directors’ Meeting
Call to Order: Jim called the meeting to order at 1:00pm at the Scenic Estates Clubhouse.
Board Members Present: Jim Coats, Jeff Smith, Doug Cash, Loren Conroy, David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash & Nick Kluge (joined after call to order)
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
Add Executive Session to discuss legal matters
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-January 26, 2025
January 2025 Financial Reports
Staff Operations Report
Wilson Progress Report February 2025
Doug motioned to approve the Consent Agenda and the January 26, 2025 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Tommy Hester addressed the board to request a response to his petition for dues relief.
Sandra Clavero addressed the board to express her concern about proceeding with the dock repair without getting three bids as required in Policy 14.
Cathie Cousineau spoke to her concern about not getting three bids for the dock repair.
Doug Lilyroth echoed Sandra and Cathie’s sentiment.
Doug Cash responded to the member concerns. He acknowledged that going forward we will get the required number of bids. In this case, we will send out bid requests to at least two other companies to get their prices and timelines for the repair.
Board Reports:
President:
Voting Results of the Proposed Bylaw Amendment
114 ballots were received: 110 in favor of the amendment and 4 against. We did not meet the threshold for amendment requirements set forth in our bylaws, so the amendment was not approved.
Update on USDA-Rural Development Loan Application
For the time being, our funding source is still in place they are moving forward with processing our application.
Update on Whatcom County Building Permits
Whatcom County Planning and Building gave us a Notice of Additional Requirements (NOAR)
After several communications, the county has reconsidered their original requirements and are now requiring that Dogwood Terrace be widened to 12’, the entrance to the proposed structure must be 20’ wide; and they will waive the requirement for the turnaround if we can provide a letter from the Fire District stating that the existing and proposed road conditions are adequate to navigate and respond in an emergency.
General Manager Report
Employee Credit Card for Justin
Doug motioned to add Justin Swaen as a signer on the WECU Business credit card. Jeff seconded. All in favor.
As a private citizen (not a board member), David has reached out to some members and discussed the idea of creating access from Berry Way to Clark Circle.
VP/Secretary
In light of the results of today’s vote, the bylaw amendment will be included on the 2025 AGM ballot.
Finance
No report
Administration
Update on Wolfe Defamation Suit
On April 4 at 1:30pm our motion for summary judgment will be heard in Whatcom County Superior Court.
Update on LILCO Lawsuit
On April 11 the Washington State Court of Appeals will be reviewing our case regarding the judgement we received.
Operations/Water
No report
New Business:
Possible Alternative to Clark Circle Turnaround-Discussed during President’s report.
Old Business: None
Other Business:
Next Meeting:
Board of Directors’ Meeting March 23, 2025 at 9:30am
Doug motioned to enter Executive Session at 1:51 pm to discuss legal matters. Loren seconded. All in favor.
David Canterman left the meeting at 2:23 pm.
The board returned to regular session at 2:23 pm. No motions were made during Executive Session.
Adjournment: Doug motioned to adjourn the meeting at 2:24 pm. Jeff seconded. All in favor.
Special Meeting of the Membership February 23, 2025
/SPECIAL MEETING OF THE MEMBERSHIP
Subject to approval and correction at the Annual General Meeting on August 23, 2025
Call to Order: by President Jim Coats at 9:30 am at the Scenic Estates Clubhouse
Board Members present: Jim Coats, Jeff Smith, Doug Cash, Loren Conroy, David Canterman (via Zoom)
Board Members absent: None
Staff present: Allison Cash
Voting Status: 9 members checked-in, 101 absentee ballots received, and 4 proxies received. Quorum.
Welcome and Introduction: Jim introduced himself and the other board members and staff. Jim explained that the purpose of the Special Meeting is to vote on the bylaw amendment that was proposed by the LISECC Board of Directors.
Jeff read the text of the proposed bylaw amendment 4.5.4-Attorneys’ Fees and Costs.
Jim opened the floor for discussion. There was none.
Mark Sexton motioned to call for the question. Danit Fried seconded. All in favor.
There being no further business, the meeting was adjourned at 9:38am.
Allison Cash
General Manager, Lummi Island Scenic Estates
Minutes March 14, 2025
/Special Meeting of the Board of Directors
Call to Order: Jim called the special meeting to order at 6:00 pm via Zoom.
Board Members Present: Jim Coats, Jeff Smith, Doug Cash, David Canterman, and Loren Conroy
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:
Dock Repair
Insurance Coverage
There is an exclusion in our policy that insurance will not pay for a loss due to stranding or grounding.
Bid Discussion and Comparison
In addition to the bid from Chris Immer and Duncan McLane, we have gathered additional bids for the dock repair.
Blue Star Welding declined to offer a bid as they did not have the scheduling availability to complete the project.
A1 Marine submitted a bid for $54,726.40 (includes tax, delivery and installation). This includes an 8’x30’ wood frame float on HDPE pipe flotation with grated surface.
Mantle Industries provided a bid for $36,000 (bid did not specify that it included tax, delivery or installation). This is for a 30’x7’9” rectangular tube design.
If we do not galvanize the pontoons, the bid from Duncan and Chris would be reduced to about $34,000.
Discussion of alternatives to galvanizing the pontoons-zinc thermal spraying or zinc paint.
Doug motioned to continue with Duncan McLane and Chris Immer sans galvanizing or zinc overspray for $34,000. David seconded. All in favor.
Adjournment: Jeff motioned to adjourn at 6:27 pm. Doug seconded. All in favor.
Minutes January 26, 2025
/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, Doug Cash, Loren Conroy, David Canterman (via Zoom)
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 discussion of Lake Rake to Operations Report
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-December 29, 2024
Special Meeting of the Board of Directors Minutes-January 6, 2025 & January 16, 2025
December 2024 Financial Reports
Staff Operations Report
Wilson Progress Report December 2024
Loren motioned to approve the Consent Agenda and the December 29, 2024, January 6, 2025 & January 16, 2025 BOD Meeting Minutes. Doug seconded. All in favor.
Member Communications:
Dan Thane addressed the board to seek clarification on mailing deadlines for the Special Meeting of the Members.
Tommy Hester addressed the board to speak about his frustration regarding the lack of progress on Clark Circle. He urged the board to make the project a priority.
Board Reports:
President:
Discussion of Bylaw Amendment
Jim read the text of the proposed bylaw amendment 4.5.4.1.
Jim opened the floor for members to speak.
Michael Wardell spoke to oppose the bylaw proposal. He expressed his concern that the bylaw proposal has ambiguous language, and it does not necessarily raise the liability factor.
Mitch Nimon spoke to oppose the bylaw proposal. He would like the board to seek resolutions that do not involve litigation.
Cathy Cousineau addressed the board to discuss her concerns about the inconsistency throughout the amendment with regard to the phrase “attorneys’ fees and costs” . She also addressed her concern about using the phrase “Special Assessment”. Special Assessment has a negative connotation and is associated with a fee charged to all members, which is not the intent of the bylaw amendment.
RCW 64.90.285(9) allows changes to an amendment to correct an inconsistency, or a scrivener’s error, or clarify an ambiguity.
Discussion of adopting the following proposed corrections upon passage of the amendment:
1. For consistency, use the phrase “Attorneys’ fees and costs” throughout.
2. Fix the scrivener’s error in the second line-“amount” should read “account”.
3. For clarity, the 2 instances of “Special Assessment against the member’s lot(s)” will be changed to “an assessment against the non-prevailing member’s lot(s)”
John Koleda expressed his concern about whether this amendment may bring more problems forward.
There was a general discussion of the background leading to the necessity of this bylaw amendment.
General Manager Report
Lien Warning & Water Shut-Off Notice
David motioned to proceed with the water shut off and lien filing if the members do not bring their account current by the date on the notices. Doug seconded. All in favor.
QuickBooks ACH Fee Changes
On February 13, 2025 QuickBooks will increase their fees for processing ACH Bank Transfers/E-Checks (1% with a cap of $15.)
LISECC will charge the same fee to members who use this payment method.
Employee Evaluations
Board members and Allison will coordinate on completing evaluations.
Operations/Water
Marina Dock Bid
Duncan McLane and Chris Immer provided a bid not to exceed $48,100 to replace the damaged dock.
Loren motioned to proceed with the bid from Duncan McLane and Chris Immer for replacement of the damaged dock for an amount not to exceed $48,100. Doug seconded. Discussion followed. All in favor.
Discussion of weed mitigation in the lake. There is a lake rake that we can purchase for $7,000-8,000.
Doug motioned not to exceed $8,000 for the purchase of a pond rake, winch and anchor to mitigate the weeds in the swim lake. Loren seconded. All in favor.
Clark Circle Update
Doug recently walked Clark Circle with the project manager from Ram Construction. After reviewing the plans and the site visit, the early estimate is that it will cost $275,000 to bring the road into compliance.
Discussion followed about alternative ideas to bring the cost down.
Administration
One member has withdrawn his appeal regarding foreclosure.
Our attorney is waiting for the Court of Appeals to schedule a hearing for a foreclosure proceeding with another member.
VP/Secretary:
Looking for volunteers for the Election Committee to help count votes for the February Special Meeting of the Membership.
LISECC has another court hearing on January 31 and is encouraging members to attend in person or on Zoom.
Finance:
Loren reviewed the financial reports and noted that 2024 legal expenses were much more expensive than anticipated.
Loren reviewed the 2024 Reserve Study with regard to replacing the damaged dock. Under the component list for dock work/repair, we have a replacement cost estimate of $80,000.
New Business: None
Old Business: None
Other Business:
Next Meetings:
Special Meeting of the Membership February 23, 2025 at 9:30am
Board of Directors’ Meeting February 23, 2025 at 1:00pm
Adjournment: Doug motioned to adjourn the meeting at 11:40 am. Loren seconded. All in favor.
Minutes January 16, 2025
/Special Meeting of the BOARD OF DIRECTORs
Call to Order: Jim called the special meeting to order at 6:00 pm via Zoom.
Board Members Present: Jim Coats, Jeff Smith, Doug Cash, David Canterman, and Loren Conroy (joined after call to order)
Board members absent: None
Staff Present by Special Invitation: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
None
New Business:
The purpose of the meeting is to enter Executive Session to discuss legal matters.
Jeff motioned to enter Executive Session at 6:02pm to discuss legal matters. Doug seconded. All in favor. 6:02 pm
The board returned to regular session at 6:51 pm.
A motion was made and passed during Executive Session that LISECC and Mr. Nimon have come to a mutually agreed resolution of their claims and look forward to moving on for the good of the community.
Adjournment: Doug motioned to adjourn at 6:52pm. Jeff seconded. All in favor.
Minutes January 6, 2025
/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, Loren Conroy and David Canterman
Board members absent: None
Staff Present by Special Invitation: Allison Cash
Voting Status: All board members present are in good standing. Quorum.
Changes to the Agenda:
None
New Business:
Discussion of reimbursing David Canterman $600 for legal fees paid to Dannon Traxler for work done for LISECC. Doug motioned to approve the reimbursement of $600 to David Canterman. Loren seconded. All in favor.
Doug motioned to enter Executive Session at 7:05 pm to discuss legal issues. Loren seconded. All in favor.
Returned to regular session at 7:40pm. During Executive Session the Board of Directors called for a Special Meeting of the Members to be held on Sunday, February 23, 2025 at 9:30am.
During Executive Session the following motion was made:
Doug motioned to propose a new bylaw (Article 4.5.4.) that will entitle LISE to recover costs and reasonable attorney’s fees if we are the substantially prevailing party as determined by a court of law. Jeff seconded. All in favor.
Adjournment: Doug motioned to adjourn at 7:41 pm. Jeff seconded. All in favor.
Minutes December 29, 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, Doug Cash, Loren Conroy, David Canterman (via Zoom)
Board members absent: None
Staff Present: Allison Cash, Nick Kluge (via Zoom)
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 24, 2024
November 2024 Financial Reports
Staff Operations Report
Wilson Progress Report November 2024
Doug motioned to approve the Consent Agenda and the November 24, 2024 BOD Meeting Minutes. Loren seconded. All in favor.
Member Communications: None
Board Reports:
President:
LISECC vs. Wolfe & Nimon
A hearing was held on December 13, 2024. We were awarded a summary judgment against Dustin Wolfe, but the judge has not yet made any ruling regarding Mitch Nimon.
The summary judgement against Dustin Wolfe included the following rulings:
Wolfe’s actions constituted a public and private nuisance.
The cost to remediate Wolfe’s damage to and interference with LISECC property will be $33,855.00, which Wolfe shall pay to LISECC within 30 days of the date of the order.
LISECC alone holds the title in fee simple to Carol Lane. Scenic Estates has a clear legal right to control its property and to enforce its Rules and Regulations.
Dustin Wolfe CANNOT:
Interfere with LISECC control and governance of Tracts A-C
Take any possessory actions against Carol Lane
Cut any more trees without proper permission/permits
Build a temporary or permanent structure without building permit
Keep more than 2 dogs on LISECC property
A Civil Standby was ordered to protect LISECC and its employees and representatives should it be necessary to enforce any of the rulings.
Jeff thanked all of the members that showed up for the hearing in support of LISE. It went a long way in demonstrating how many people have been affected by the events on Carol Lane.
Potential Bylaw Amendments
The board is considering bylaw amendments that would define/clarify ownership and also allow LISECC to recover costs and attorneys’ fees.
Discussion of the procedure for bylaw amendments when they are proposed by the board.
General Manager Report
USDA Loan Application
The application was submitted in late November but was returned as the USDA needed additional information. We are working with Wilson Engineering to get the additional documentation submitted.
Firewise Coordinator
LISECC is looking for a volunteer to fill the Firewise Coordinator position.
Reserve Transfer
Doug motioned to transfer $1,737.60 from Reserves to pay Elm Electric for work done in March 2024 for the electrical upgrades to the Clubhouse. Loren seconded. All in favor.
VP/Secretary:
Jeff thanked the LISECC community for their support at the hearing.
Finance: No report.
Administration:
We are waiting for the court to decide a date for the oral arguments regarding the LILCO appeal.
Operations/Water:
Doug thanked the staff, Jeff, Jim and Loren for their hard work in replacing the filter media in the water treatment plant.
Marina Dock Bid Request
Nick has submitted a bid request for the repairs to the dock that was damaged during a storm earlier this year.
New Business: None
Old Business: None
Other Business:
Next Meeting: January 26, 2025 at 9:30 am.
Adjournment: Doug motioned to adjourn the meeting at 10:16 am. Loren seconded. All in favor.
Minutes November 24, 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, Doug Cash, David Canterman (via Zoom), Loren Conroy (via Zoom)
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: None
Approval of Minutes and Consent Agenda:
Board of Directors’ Meeting Minutes-October 20, 2024
October 2024 Financial Reports
Staff Operations Report
Wilson Progress Report October 2024
Doug motioned to approve the Consent Agenda and the October 20, 2024 BOD Meeting Minutes. Jeff seconded. All in favor.
Member Communications:
Celia Topalian expressed her concern about the sharp drop off near Aiston Creek Bridge. The board discussed putting up a sign warning of the narrow bridge and steep slope.
Board Reports:
President:
USDA Loan Application-We anticipate the loan application being submitted on Monday, November 25, 2024.
General Manager Report
We do not have enough money in our checking account for payroll and current invoices. Discussion of where the shortfall is coming from and a repayment plan that will replace the money within 24 months per RCW 64.34.384. Doug motioned to transfer $75,000 from reserves to meet our financial obligations. Jeff seconded. All in favor.
VP/Secretary:
Jeff reminded the membership of the upcoming court hearing on December 13 @ 1:30 pm. Members are encouraged to attend in person or by Zoom.
Finance: No report
Administration:
We have received a preliminary environmental report on logging the LISECC Watershed. It does not appear that there are any archeological sites or year-round streams on the property. However, the old growth forest is likely the habitat of the marbled murrelet, which is an endangered bird. Before any permit could be issued for logging, intensive review by consultants for both the endangered species and slope issues would be required. The purpose of the studies is to document what the impacts of logging could be and the mitigation measures that the owner would have to undertake to avoid them. The entire process to obtain a permit would be rigorous and potentially very expensive.
Operations/Water:
Discussion of the best way to repair the marina docks.
Doug acknowledged and thanked Justin for the heavy rain washout repairs that he made around the community.
New Business:
Dogs in Sanitary Control Area-Letter to Owner & Tenant. This issue is a point in our upcoming lawsuit. After discussion, the board is not going to write a letter at this time.
Old Business: None
Other Business:
Next Meeting: December 29, 2024 at 9:30 am.
Adjournment: Doug motioned to adjourn the meeting at 10:25 am. Jeff seconded. All in favor.
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.
