Minutes July 24, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into two parts.

Call to Order: Ben called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: None

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Eliminate Leak Detection Equipment Rental

• Eliminate Executive Session, instead address job description update under President’s report, legal matter does not require Executive Session

• Move discussion of selling LISE property to President report

• Add hiring update to Communication report

• Add discussion of Firewising to Operations report

Approval of Minutes and Consent Agenda:    

• Board of Directors’ Meeting Minutes –June 28, 2022 & July 18, 2022

• June 2022 Financial Reports

• June 23-July 21, 2022, Operations Report

William motioned to approve the Consent Agenda and the June 28, 2022 & July 18, 2022, Board of Directors’ Meeting Minutes. Jim seconded. All in favor.                                    

Member Communications:

• Member Tommy Hester expressed that two-year delay in Clark Circle roadway issue has impacted him financially due to rising building materials costs. Asks for a speedy resolution.

• 10203-Leak Forgiveness Request. Board discussion resulted in Jim motioned to provide partial relief as follows: Member to be charged at Tier 5 usage plus Operation Staff time and cost of hardware supplies; subject to confirmation that this is a first-time forgiveness request. William 2nd. All in favor. William asks for a notice to be included in next newsletter, recommending shutoff of water when members are off island for an extended period.

• 40026-Letter re: Water Rates – not addressed

• Carol McKinney-Dog Committee Report. The dog pole contest prizes have been awarded. The committee is researching small brass name plates to identify the maker of each pole. A location map has been created by the committee. The cost of cement has increased from original budget. Tim motioned for the original project budget to be increased by up to $200 to cover the cost of cement, William 2nd. All in favor. Ben asked the committee to bring the proposal for pole installation locations and a proposal for how the dog bag dispensers will be serviced to the August board meeting.

Carol announced that the Whatcom County Parks and Recreation Committee will be taking a tour of Lummi Island  on 8/18 and then having a meeting/presentation at the Grange Hall. She asked if LISE would have a booth at the event highlighting our community. Tim expressed interest in participating and asked Carol to get the information to Allison.

Board Reports:

• President

  • Ben announced that he will be leaving the LISE board after the August meeting, at the completion of his two-year term. This creates a vacancy on the board until after the Annual General Meeting (AGM), unless the board chooses to appoint a new board member for the interim. Any appointee would need to run for the open position at the AGM. As current Vice President, Jim will be acting President until after the AGM.

  • Nick’s job description has been revised and updated; his new title will be Assistant Operations Manager. Nick has conditionally accepted the new position, subject to wage adjustment. Tim motioned that Ben, William, and Allison work together to set new wage. Jim 2nd. All in favor.

  • Selling LISE Owned Properties. Allison has communicated with several realtors about selling LISE owned vacant lots and has determined that For-Sale-By-Owner (FISBO) transaction are not the best use of LISE’s General Manager’s time. Tim motioned to retain Ken Swanson as listing agent for LISE owned properties, as well as to have Ken review an offer currently in hand on a Cove Ave lot. Jeff 2nd. All in favor. Tim motioned that the board intends to sell the LISE owned lot on Cove, Jim 2nd. Tim, Jeff, and Jim approved; William opposed. Motion passes. The board discussed adding a restriction, prior to sale, that the lot will not receive future dues relief, but will be a dues-paying lot in perpetuity. Jim will review LISE bylaws related to selling of lots and adding restrictive covenants.

  • AGM Planning – not addressed.

  • Small Water System Management Plan. This important part of the treatment plant replacement project has not been completed. Tim is willing to take the lead and work with Kevin and Nick; this may require involvement of Wilson Engineerinng. Each board member has a part to contribute.

  • Reserve Study. Tim and Allison have been working on an updated expenditures to submit to LISE’s reserve consultants. An onsite visit will be scheduled.

  • Feeding Wildlife. After much lively discussion, the board decided to take no action at this time on the proposed Rules and Regulations amendment and new policy statement submitted by David Canterman. William motioned that Jim contact LISE’s attorney for interpretation of WUCIOA regarding acceptance and withdrawal of a member petition. Tim 2nd. All in favor. Tim motioned that the board host a community Zoom wildlife feeding forum with Ben and William as facilitators; and bring back an action proposal for vote at the August board meeting. Jim 2nd. All in favor.

• Administration

  • Mission Statement. Jim stated that the mission statement required by the Small Water System Management Plan is complete.

  • Revised Bylaw Amendment Statement. Jim noted that the existing process for submitting a proposed Bylaw Amendment is complex; he has drafted a Bylaw Amendment for inclusion on the AGM ballot that shortens the notice period to 30 days. The board is satisfied with Jim’s draft language.

• Finance

  • Reserve Transfer- Tim motioned to approve a transfer from Reserves for Wilson Invoice 17031 for $500.50 and for WRS Invoice 158424 for $5973.00. Jeff seconded. All in favor.

  • Fidelity Application-Adoption of Resolutions. The resolution was included in last month’s board packet, Tim motioned to adopt the resolution. Jeff 2nd, All in favor.

  • William addressed cash-basis billing vs accrual-basis billing; he is doing further study to determine if water revenue will be on target.

• Operations/Water

  • Firewise tree limbing on Clubhouse and marina lots. Tim proposes limbing trees up by 20 to 30 feet due to wildfire concerns. He will do further research about feasibility, costs, and shoreline restrictions.

  • Clark Circle. Tim submitted a tax parcel map to show impacted lots and the proposed road revision required by the County to enable an impacted lot owner to obtain a building permit. Tom Kennedy of Baker Mountain Ranch has not yet submitted an estimate but indicated that he may be able to start in September or October. An estimate is required before LISE can sign a contract for roadway revision. The recorded road easement does not align with the actual road. One lot owner’s fence is within the easement and will need to be moved to behind the row of trees that was planted on County property. A survey has been done and is marked. Tim suggests that He and Allison contact all impacted lot owners on Clark Circle to discuss the project needs and impacts.

  • Clubhouse: Foundation Estimate, Site Plan/Additional Site Work. Tim has assembled preliminary estimates for the scope of work (engineering, foundation restoration, drain culvert improvement, clubhouse deck framing/membrane/decking, ADA access ramp) totaling about $300,000. While work could begin using reserves, this will require a member assessment. William motioned to approve up to $20,000 for engineering and permitting for the foundation, deck, and culvert work. Tim 2nd. All in favor. Jim motioned to add an assessment to the AGM ballot based on the board’s intent to proceed with the clubhouse foundation repair and deck repair (as recommended by a structural engineer), and the culvert improvement (as recommended by a coastal geologist). William 2nd. All in favor. The dollar amount of the assessment will be discussed at the August board meeting.

  • DNR Aquatic Lands Lease & Permitting. Tim reported that two of the dock pilings are significantly deteriorated. He has contacted DNR to discuss replacing the pilings and reports that the only way DNR will permit the piling replacement is if LISE relocates the docks. The issue is that DNR requires floating docks to not touch the ground at low tide. In their current location LISE’s docks rest on the ground at low tide. To meet this DNR requirement, a walkway or pier would need to extend 40 to 50 feet further out into Hale Passage. LISE’s existing floating docks could be attached to the longer pier. This would increase the dock space for LISE Member boat tie ups. This is a project that would require a member assessment. The board will defer action at this time recognizing that further piling deterioration may render docks unusable.

  • Trihalomethane and Halo Acetic Acids Testing – not addressed.

• Communications/Planning:

  • Hiring update. LISE has received two applications for the posted position. The board needs to review, ask staff for feedback, then Allison will respond to the applicants.

New Business: None.

Other Business:

• Next BOD Meeting: Tuesday, August 23, 2022, at 7:30 pm

Adjournment:  1:30 pm.

Minutes July 18, 2022

Board of Directors’ Meeting

Call to Order: Jim called the meeting to order at 8:01 pm via Zoom Video Conferencing.

• Board Members Present: Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: Ben Twigg

• Staff present: Allison Cash, Kevin Southworth

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None            

New Business:

• Discussion of drafting a letter from the LISECC Board of Directors to the Department of Natural Resources regarding LILCO’s logging application along Seacrest Rd. There are concerns about how the slash will be disposed of and the increased risk of fire from leaving the slash piled up on the property.

• William motioned that we submit Jeff’s draft with the addition in the final request plan to minimize ongoing blockage of traffic as Seacrest is the only egress/ingress to Scenic Estates, a plan for removing logs that does not include using community roads in Scenic Estates, and a plan to masticate all slash. Tim seconded. During discussion, Jeff added that community members should also file comments with the DNR. The deadline for comments is July 19, 2022. Tim called to question. All in favor.

Other Business:

• Next BOD Meeting: July 24, 2022 at 9:30 am

Adjournment: 8:28 pm Monday, July 18, 2022.

Minutes June 28, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into two parts.

Call to Order: Ben called the meeting to order at 6:30 pm via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff present: Allison Cash, Isaac Colgan (Kevin Southworth & Nick Kluge joined the meeting after roll call.)

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 –May 22, 2022 & June 18, 2022

• May 2022 Financial Reports

• May 17-June 22, 2022 Operations Report                  

Jim read the draft BOD Meeting Minutes from June 18, 2022 (Executive Session) aloud. William motioned to approve the Consent Agenda and the May 22, 2022 & June 18, 2022 Board of Directors’ Meeting Minutes. Tim seconded. All in favor. 

Announcements:

• Isaac Colgan submitted his resignation effective June 29, 2022. Ben read a statement from the board expressing their appreciation for all that he has done and accomplished for the association. The board wished him well in his future endeavors and thanked him for his 5 years of service to the community.

Member Communications:

• Sharleen Peitsch-Tyerman-Email regarding increasing dues, bylaw changes and the AGM. Jim summarized and/or read portions of the member communication to those in attendance.

• Doug Lilyroth addressed the board to ask about using the boat trailer storage area near the clubhouse as a staging area for the delivery of building materials. The intention would be to coordinate with LISE to ensure the least amount of disruption to LISE members. After discussion with the board, it was determined that more information, including a timeline, was needed.

• David Canterman addressed the board to request that the board consider presenting a bylaw change to the membership regarding feeding wildlife. Considering the discussion, Ben suggested that the topic be added as an agenda item at the July Board of Directors’ Meeting.

Reports:

• President

  • Staffing Changes

    • In light of Isaac’s departure, the board thinks it is in the best interest of the association to publish a job posting for a new part-time operations staff member. William moved to go forward with posting a new half-time operations support position per the existing job description. Jim seconded. All in favor. After discussion about the coordination of posting the job description, it was discovered that the existing job description included a Level 1 Operator Permit requirement. The new job position does not require this qualification. William rescinded the motion.

    • Jim motioned to publish a new part-time operations staff position amended to reflect that the applicant must obtain an Operator in Training certificate within 6 months.  William seconded. All in favor.

• Administration

  • Revised Bylaw Concerns-Jim provided background on the current state of the amended and restated bylaws.

  • In discussing the restated bylaws and in light of the board’s previous action, Jim moved to amend the previously adopted text of the Amended and Restated Bylaws of Lummi Island Scenic Estates Community Club as authorized in Robert’s Rules of Order 12th edition, Section 35.5, known as “The Series of Amendments to Previously Adopted Text”.  William seconded. The board discussed a number of concerns regarding the amended and restated bylaws. Jim withdrew the motion since it is the opinion of the board that the amended and restated bylaws were never ratified by the board.

• Finance

  • Reserve Transfer- Tim motioned to approve a transfer from Reserves for Wilson Invoice 16993 for $3,926.50. Jeff seconded. All in favor.

  • Fidelity Application-Tim moved to approve the application for submission with Jim Coats and Jeff Smith as control persons and Allison Cash as an Authorized Individual. Jim seconded. All in favor.

• Operations/Water

  • Clubhouse Foundation Update- Tim reviewed the next steps to complete our permit application with the county. Request for bids sent out to three contractors.

  • Piling Condition and Repair-Still waiting for an estimate on repair

  • Resumption of reservoir sampling & testing-Tim is proposing that we resume bi-monthly testing in the reservoir to gather additional data. This would have minimal budget implications.

  • Small System Water Management Plan-We need to continue moving forward on this to get it completed for submission at the AGM.

  • Plan for Clark Circle-We have received an updated design from Freeland Engineering that avoids extending on one member’s drain field and on another member’s property. Allison to call Tom Kennedy to request a bid for the project.

• Communications/Planning: No report.

Old Business:

• Selling LISE Owned Properties-LISE received a response from Ken Swanson, but the board would like Allison to reach out to one more realtor for a comparison.

New Business: None.

Other Business:

• Next BOD Meeting: July 24, 2022 at 9:30 am

Adjournment: 9:20 pm.

Minutes June 18, 2022

Board of Directors’ Meeting

Call to Order: Ben called the meeting to order at 4:30 pm via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• 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:

• William motioned to include Allison and go into Executive Session to discuss personnel matters and staffing changes. Jim seconded. All in favor.

• The board moved into Executive Session at 4:31 pm and came back to open session at 5:17pm. No formal action was taken during Executive Session. Ben announced that the board has received two weeks’ notice from Isaac Colgan, Project Manager. The board also discussed the role of Nick Kluge during the Executive Session.

• Jim motioned to authorize Ben, William, and Allison to offer Nick Kluge a full-time position and discuss his transition during that time. Jeff seconded. All in favor. Meeting to be continued on Wednesday, June 22, 2022 at 8:00pm.

• Ben resumed the meeting in at 8:01 pm on Wednesday, June 22, 2022. All board members present (quorum), Allison in attendance, no members in attendance. William motioned move into Executive Session and include Allison to continue discussing personnel matters. Jim seconded. All in favor.

• The board moved into Executive Session at 8:02pm and came back to open session at 8:55pm. Allison was in attendance the entire time during the Executive Session. Discussed personnel matters and staffing transitions. No formal action was taken during Executive Session.

• Adjourned at 8:56 pm.

Other Business:

• Next BOD Meeting: June 28, 2022 at 6:30 pm

Adjournment: 8:56 pm Wednesday, June 22, 2022.

Minutes May 22, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into Three parts.

Call to Order: Ben called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.      

Changes to the Agenda:

• Add “Intern Proposal” to the President’s Report

• Add “Opening a New Brokerage Account” to the Finance Report

• Remove “AGM Planning” from the President’s Report  

Guest Forum:

• Wilson Engineering Update - Brian Smith (Wilson Engineering) joined the meeting to review Wilson Engineering’s draft of the System Capacity Analysis. The system capacity analysis analyzes the water system with respect to its ability to serve connections and its system capacity. The analysis will be a part of the Small System Management Program and is a key piece of analysis that will go into sizing the treatment plant replacement. Limiting capacity factors include water rights, treatment system capacity, storage related capacity, and distribution system capacity. The conclusion is that with a new treatment system, the system and storage system will support a full build-out (276 ERUs). Three recommendations for improvements include decreasing distribution system leaks, installing a weir on the Dickenson Lake outlet along with a meter on the pump back system, and replacing the water treatment plant. Considering changes to the draft memo, the consensus of the board is that Brian will coordinate with staff to finalize the memo.

Approval of Minutes and Consent Agenda:    

• Board of Directors’ Meeting Minutes –April 24, 2022

• April 2022 Financial Reports

• April 19-May 16, 2022 Operations Report

Ben suggested that we remove the obsolete action item list from the minutes. William motioned to approve the Consent Agenda and the April 24, 2022 Board of Directors’ Meeting Minutes with the proposed change. Tim seconded. All in favor.                    

Member Communications:

• Email from Sharleen to be included in next month’s board packet.

Reports:

• Finance

  • Reserve Transfer- Tim motioned to approve a transfer from Reserves for Wilson Invoice 16898 for $1,807.00. Jim seconded. All in favor.

  • We currently have 11 banking accounts at 3 institutions. We have a CD maturing in June; if we do nothing, it will roll over at 0.4% for 10 months. Additionally, we have a concentration of cash in excess of the NFCUA insured limits at WECU. William recommends moving the excess cash from WECU and the funds from the maturing CD to a brokerage account at Fidelity. William will bring the application to the next meeting with the General Manager and the Board President as the “control persons”.

• President

  • Intern Proposal-The proposal has not taken staff input into consideration, and that must be done before the board will consider it.

• Administration

  • Marina Rules-In policy #9, insert the words “vessels or” to Rule #10 for clarity. This change will be replicated in all areas in which Policy #9 occurs and in any signage that includes this rule. 

  • Remove “No dogs are allowed at the Marina” from Policy 12.  Board agrees.

  • Replacement Bylaws-Jeff proposed that the new document is put on the website as soon as it is available. Ben suggested that LISECC host a forum to discuss the new document. Jim will write an explanation of why these changes are necessary.

• Operations/Water

  • Clubhouse Structural Engineering Report-Jack King (Kingworks Structural Engineering) joined the meeting to present the structural engineering plan for the clubhouse foundation repair. According to the plan, a grid of concrete grade beams would be installed in the crawlspace and a new foundation would be poured underneath the grade beams. The idea is to support the existing concrete wall with a new grade beam that in turn, is supported by grade beams that run back and tie to the opposite wall. The load would be driven into the rock further back should the cliff fail. This plan is supported by the coastal geologist. The plan also addresses condition issues with the deck.

  • Clubhouse Recommendations- Next steps include scheduling a pre-planning meeting with Whatcom County and getting estimates from contractors. William motioned that we approve an expenditure not to exceed $800 for a preliminary review at the county level. Tim seconded. All in favor.

    The board asked staff to come back with a recommendation about restricting use of the deck. Details to be finalized next month.

  • Community Property vs LISECC Owned Property-Community property is registered with the county and owned by all LISECC members making it unfeasible to sell. However, LISECC owns a  lot (Division 1, Lot 2) that can be sold, and we have received two offers on that lot. Ben recommends that we postpone consideration of these offers until the board creates a criteria and process for the sale of LISECC owned lots.

  • Discussion of Possible Lot Sales-Allison will contact a few real estate agents to discuss valuations and options for selling the lots and report back at the next board meeting.

  • Dog Waste Station Location/Management-Tabled due to time restrictions

• Communications/Planning: No report

Old Business: None

New Business: None

Other Business:

• Next BOD Meeting: June 28, 2022 at 6:30pm

• Executive Session to discuss legal matters-Removed from agenda due to time restrictions

Adjournment: 12:19 pm. 

Minutes April 24, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into two parts.

Board of Directors’ Meeting

Call to Order: Ben called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Guest Forum:

• Wilson Engineering Update/Q & A- Brian Smith (Wilson Engineering) and Isaac recently took part in a preplan meeting with the Department of Health to go over the specifics of what the DOH requires to be included in our Small Water System Management Plan (SWSMP); a comprehensive resource for most items related to our water system. THE SWSMP has not been updated since 2008, so to apply for construction funding, an up-to-date plan document is required. Updating the SWSMP is a collaborative effort between the engineer, board members and staff. Once the plan is complete, a public meeting with consumers is required followed by adoption by the board.

Changes to the Agenda: None

Approval of Minutes and Consent Agenda:    

• Board of Directors’ Meeting Minutes –March 26, 2022 & April 5, 2022

• March 2022 Financial Reports

• March 21-April 18, 2022 Operations Report

William motioned to approve the Consent Agenda and the March 26, 2022  and April 5, 2022 Board of Directors’ Meeting Minutes. Tim seconded. All in favor.                          

Member Communications:

• Tommy Hester addressed the board to inquire about the next steps on Clark Circle. The preliminary design puts turn around over a member’s drain field and another member’s property, outside of our easement. Next steps are that Tom Kennedy needs to consult with Tony Friedlander (engineer) to redesign plans.

• 30107-Communication re: Water Connections- William motioned that we charge $150 for removal of the meter plus the time and materials for the new installation. Jim seconded. Discussion of the mitigating circumstances necessitating this decision. Jim, Jeff, and William voted in favor of the motion. Tim opposed the motion. Motion carries.

Reports:

• President

  • Hiring Announcements/Ratification-

    • Nick Kluge has been hired as part-time operations staff. Allison Cash has been hired as General Manager of the association at 30 hours/week. Jim motioned that we accept both positions as filled and extend our congratulations to both Allison Cash and Nick Kluge. Tim seconded. All in favor.

  • AGM Planning-Jim motioned that the 2022 AGM be held on October 15, 2022. William seconded. All in favor.

• Administration

  • Marina Rules

    • Policy 9-William motioned that we accept Policy 9 as written with the provision that we remove “moorage is further restricted to 24 hours during holiday weekends and crab season.” and change “vessels must then be removed for the following 24 hours.” to “removed for the following 72 hours”. Tim seconded. All in favor.

    • Article 5-Tim motioned that we adopt Article 5.2.5 as presented. Jim seconded. All in favor.

    • Decal Revision-Tim motioned that we adopt the revised marina decal application as presented. William seconded. All in favor.

  • Dog Related Proposals

    • Rules & Regulations Section 5.1.3 revisions-William motioned to approve. Jeff seconded. All in favor.

    • Waste Station contest/budget (Dog Committee)-Tim motioned to approve the dog waste station contest with a budget not to exceed $1500. Jeff seconded. All in favor.

• Finance

  • Reserve Transfer-Tim motioned to approve a transfer from Reserves for Wilson Invoice 16812 for $4,137.00. Jeff seconded. All in favor.

  • Review & ratify submission of annual tax return-Jim motioned to approve 2021 1120H annual tax return as prepared by our CPA. Tim seconded. All in favor.

  • Purchase approval for SubSurface LD-18 water leak detection equipment- Tim motioned to proceed with purchase of SubSurface LD-18 water leak detection equipment with an amount not to exceed $7000. Jim seconded. All in favor.

  • Lien Warning/Payment Plan Request-Tim motioned to approve the payment plan request for accounts 40057 & 40058. Jim seconded. All in favor.

• Operations/Water

  • New foundation for Clubhouse-A preliminary report from the structural engineer has stated that the clubhouse foundation can be repaired. A final report from the structural engineer will be available soon.

  • Mt. Vista & Hales Passage water leaks-A small leak has been located on Mt. Vista Dr. The larger leak on Hales Passage is likely located and staff is expected to begin digging on it next week.

  • Rosewood pothole repair-Tim moved that we authorize an amount not to exceed $6000 for pothole repair only on Rosewood Terrace. William seconded. All in favor.

  • Discussion of Wilson Contract-Tim raised concerns that Wilson has not been communicative about delays as some deadlines have not been met. He would like to see LISECC be more assertive about enforcing contracts.

• Communications/Planning:

  • Committee solicitations were put out in the last newsletter.

Old Business: None

New Business: None

Other Business:

• Next BOD Meeting: May 22, 2022 at 9:30am

• Executive Session to discuss legal matters, including initiation of foreclosures due to delinquencies-Jim motioned to include all staff members present and move into Executive Session at 11:33am discuss legal matters including foreclosure and a recent event concerning a member. William seconded. All in favor.

  Back in session at 12:16pm. No formal action taken during Executive Session.

  William motioned to pursue long held unpaid dues from members using the criteria of the length of time of the lien, the number of properties the owner might have, and the total owed. There are currently over $200,000 total in arrears from members and the board has decided to spend not more than $10,000 to pursue foreclosure on 8 specific lots: 100001, 100006, 100007, 100008, 100009, 100010, 100011, and 40065. Tim seconded. All in favor.

Adjournment: 12:18 pm. 

Minutes April 5, 2022

Board of Directors’ Meeting

Call to Order: Ben called the meeting to order at 4:18pm via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff present: None

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None                                    

New Business:

• Jim motioned to go into Executive Session to conduct job interviews and discuss hiring-related personnel matters. Jeff seconded. All in favor.

• The board moved into Executive Session at 4:20pm and came back to open session at 7:22pm. No formal action was taken during Executive Session. Ben announced the meeting would continue at 5:30pm Friday, April 8, 2022.

• The meeting resumed in open session at 5:31pm on Friday, April 8, 2022. All board members present (quorum), no staff or members in attendance.

• William motioned to go into Executive Session to continue discussing hiring-related personnel matters. Tim seconded. All in favor.

• The board moved in Executive Session at 5:33pm and came back to open session at 6:39pm. No formal action was taken during Executive Session.

• William motioned to authorize the board president to extend offers for the General Manager and Operations Staff positions. Tim seconded. All in favor.

Other Business:

• Next BOD Meeting: April 24, 2022 at 9:30am

Adjournment: 6:40pm Friday, April 8, 2022

Minutes March 26, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into TWO parts.

Board of Directors’ Meeting

Call to Order: Ben called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Ben Twigg, Jim Coats, Jeff Smith, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Remove “Water turbidity violation notifications” from Updates/Proposals

Approval of Minutes and Consent Agenda:    

• Board of Directors’ Meeting Minutes –February 27, 20223

• February 2022 Financial Reports

• Policy 7 revision

• February 21-March 21, 2022 Operations Report

Jim motioned to approve the Consent Agenda and the February 27, 2022 Board of Directors’ Meeting Minutes with the amendment that revisions were made to Sections 5.2 & 5.4, not Section 7, as was stated in the minutes. William seconded. All in favor.                                 

Member Communications:

• 30088-Leak Forgiveness Request-William motioned to grant a one-time forgiveness for the difference in water usage from Tier 8 to Tier 2. Jim seconded. All in favor.

Updates/Proposals:

• Hiring-Applications were received for the General Manager and Operations Staff positions.  The board is preparing to schedule interviews with the applicants.

• Dog committee/forum-Zoom meeting was held on March 22, 2022 and was very successful. A second committee meeting will be scheduled to finalize recommendations.

• Clubhouse-Discussion of how to proceed given the information presented in the coastal engineer’s report in addition to the preliminary report from the structural engineer. William moved that we accept and acknowledge the coastal engineer’s report, that we further enter into the proposed contract with Kingworks Structural Engineers, and that by consensus, we agree that we will be creating a progressive flow chart to identify potential courses of action relative to resolving the foundation situation. Tim seconded. All in favor.

• Marina rules- Discussion of proposed changes to marina rules as presented by the Marine committee. Jim to reconvene committee and present updated documents at the next meeting.

• Water sampling/analysis internship-Tim presented a proposal to recruit an intern from WWU to collect water samples in coordination with staff. The intern would be responsible for collecting and presenting data to assist in understanding and evaluating what is happening with our water source. The cost is estimated to be $3,000.00. Tim to work with staff and present updated proposal at the next board meeting.

• Asphalt paving-Proposal received from WRS for 4 potential paving projects. Priority includes Rosewood Terrace and Dam Access Road. Estimated price is $35,000 for the project. Further discussion and information is needed. No decisions to be made at this time.

Discussion:

• Committee formation-Use the newsletter to recruit committee members.

• AGM-Discussion of the timing, format (mail/in person/hybrid), and whether there will be any bylaw changes for the 2022 AGM.

• Criteria for prioritizing foreclosures on delinquent lots-The board has been spurred into action regarding acting upon liens that are in place. There are 10 members with significant balances that date back at least 10 years with a combined total of $233,000 in unpaid dues. The board needs to create objective criteria about how to approach collection.

Old Business: None

New Business: None

Other Business:

• Lien warnings/payment plan requests

• Next BOD Meeting: April 24, 2022 at 9:30am

• William motioned to go into Executive Session at 11:59am to discuss possible legal action regarding delinquent lots, hiring details and a PTO policy matter. Tim seconded. All in favor. Back in session at 1:36pm. No formal action taken during Executive Session. Discussed possible legal action with regard to delinquent lots. Discussion included using objective criteria such as amounts owed, ages of delinquency, and number of lots owned as guidelines for legal action. Also discussed scheduling interviews and remaining hiring process details for Operations Staff (part-time) and General Manager (part-time).

• Jim motioned to approve an exception to LISECC’s PTO policy to allow Isaac to carry over PTO into new work year due to extenuating circumstances. Tim seconded.  All in favor.

Adjournment: 1:38pm. 

Click here to see a table of the action items to be completed by board members as of March 26, 2022.

Minutes February 27, 2022

Board of Directors’ Meeting

Due to the length of the meeting and file size limitations, the audio recordings are split into three parts.

BOARD OF DIRECTORS’ MEETING

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Move “Reconsideration of the boat tow refund” from Finance Report to President’s Report

• Remove “Water testing” from Water Report

• Remove “Requiring Board approval for equipment after required review by Water Chair/Water Committee” from Water Report

• Remove “Requiring Standard Operating Procedures (SOP) and documentation for Waterworks Operations” from Water Report

Approval of Minutes and Consent Agenda:

• Board of Directors’ Meeting Minutes - January 30, 2022

• January 2022 Financial Reports

• January 24-February 20, 2022 Operations Report

William motioned to approve the Board of Directors’ Meeting Minutes from January 30, 2022 and acknowledge receipt of the January 2022 monthly financial reports and the Operations Report. Jim seconded. All in favor.

Member Communications:

• 30087-Leak Forgiveness Request-Tim motioned to grant the one-time forgiveness for the difference in water usage from Tier 5 to Tier 3. Jim seconded. All in favor.

• Carol McKinney presented the Dog Committee’s proposed solutions for dealing with dog waste. Their suggestions include placing receptacles for dog waste with poop bags and signage around LISE, a revised dog rule for the clubhouse and marina, and the implementation of a fine for repeated offenses.

• Isaac Colgan-Firewise & Wildfire Prep Day, tentatively scheduled for April 30, 2022-The chipping grant is funded by WAFAC grant. This year the grant also supplies anyone who signs up for chipping to receive a free home preparedness survey to assess for fire danger and fuel reduction.

Staff Reports:

• Project Manager

  • Status report for Wilson Contract/Wilson Memo-The next major step is a pre-planning meeting with DOH and Engineer. System Capacity Analysis should be ready for review and comment by LISECC in April.

  • Dock winch proposal(s)-Chris Immer has submitted a proposal for a either an electric or hydraulic winch  cable system for dock deployment and retrieval.  Tim raised concerns about the reliance on Reserves to pay for such expenditures, rather than budgeting for these kinds of items. William motioned to authorize an amount not to exceed $3,000 total including parts, labor, and installation. Tim seconded. Discussion of whether either of these winch systems would survive the elements. Tim called to question. All in favor.

Reports:

• President

  • Reconsideration of the boat tow refund. Discussion of the circumstances under which the boat was towed and the current rules and regulations regarding boats left at the marina for an extended time. William motioned that the Board vacate its prior decision to refund the tow fee in full and rather impose a fine of $55 representing the original 7-day presence of the boat on the dock and refund the remainder of the tow fee only to the owner.  Tim seconded. After discussion of the fees, William amended his motion for the fine to be $85. Tim, William, and Jeff voted in favor. Jim opposed. Motion passed.

  • Protocols for standing and ad hoc committees

    • For standing committees:

      • An announcement to the membership directing interest to the appropriate chair

      • The committee chair and one other board member will serve to vet committee members

      • The committee chair brings list of committee members to the board to be entered into the record

      • Members may only sit on one standing committee at a time

      • A staff representative may serve as a liaison to each committee, but not as a formal committee member

      • 3-5 members to serve on each committee

    • Next steps on Dog Committee recommendations:

      • Get feedback from GM (once hired) about enforcement and penalties

      • Allow for member input prior to formalizing new rules about dogs

      • Staff input on proposals

      • Jim suggested that the board host a community forum to provide the membership an opportunity to civilly discuss the proposals made by the dog committee. Ben offered a friendly amendment to Jim’s suggestion that an online session be set up between now and the next board meeting. Jim and Jeff will facilitate the session.

    • Wildlife ad hoc committee to be created with Jim as the coordinator.

• Administration

  • Update Language in Section 5.4, Rules and Regulations-Jim to add proposed changes and resubmit to the board in March for approval.

  • Update Language in Policy Statements, Section 7

  • Update Language in Section 5.2, Clubhouse Area

  • Tim motioned to approve the revisions to Section 5.2 and Section 5.4 as presented. William seconded. All in favor.

• Finance

  • Discuss strategy to prioritize future foreclosures for unpaid dues-Tabled due to time restrictions

• Operations/Water

  • Lummi Island Scenic Estates Clubhouse Seacliff Coastal Geologic Analysis-Jim Johannessen, Clubhouse Structural Engineering consultant joined the meeting to discuss his findings at the Clubhouse. His main recommendation is to make moves toward shoring up the east facing foundation wall. The next step is to engage a structural engineer. Jim motioned that we restrict access to the east and southeast facing deck of the clubhouse and refund the usage fee to the members who have rented it for March 3-6, 2022. William seconded. All in favor.

  • William motioned that the remainder of the $10,000 allocated for an engineering consultation in November 2021 be directed toward a structural engineer.  Tim seconded. All in favor.

  • Properties and Property Disposition- Tabled due to time restrictions

• Water

  • Requiring the use of Purchase Orders and written standard approval process- Tabled due to time restrictions

  • Reservoir Operations and Reservoir sampling and Valve Farm. Development of work plan and timetable for completion required.- Tabled due to time restrictions

• Communications/Planning

  • Discussion of the Job Solicitations, Schedule for Responses/Interviews-To be discussed by the board via email.

Old Business: None

New Business: None

Other Business:

• Next BOD Meeting: Saturday, March 26, 2022 at 9:30am

• Executive Session to discuss legal matters related to delinquent accounts- Tabled due to time restrictions

Adjournment: 12:35pm.

Click here to see a table of the action items to be completed by board members as of February 27, 2022.

Minutes January 30, 2022

Board of Directors’ Meeting

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None

Approval of Minutes and Consent Agenda:

• Minutes

  • Board of Directors’ Meeting –December 12, 2021

  • Board of Directors’ Meeting – December 30, 2021

  • Board of Directors’ Meeting – January 10, 2022

• Member Communications Received via Email

  • Acct 60024-Objection to Boat Towing Refund

  • Acct 100025-Urgent Reconsideration of Board Decision to Refund Towing Charges

  • Acct 100030/100031-Concurring with Email sent by 100025

  • Acct 30088- Urgent Reconsideration of Board Decision to Refund Towing Charges

  • Acct 30089-Advancement of Member Funds and Foreclosure on Delinquent Lots (2 Letters dated 12/14/21 & 1/6/22)

  • Accts 20032 & 20033-Dues Relief

  • Acct 30040-Board of Directors’ Meeting Notice

• Monthly financial reports

• Monthly operations report

William motioned to approve the Board of Directors’ Meeting Minutes from December 12, 2021, December 30, 2021, & January 10, 2022; approve the December 2021 monthly financial reports; and acknowledge the member communications and monthly Operations Report. Tim seconded. All in favor.

Member Communications:

• Carol McKinney expressed her concern about the amount of dog waste on the roadsides in Scenic Estates.  Carol agreed to put forth action items on ways to approach the issue.

• Martin Wilson expressed his concern about the recent number of Executive Sessions and transparency by the board.

• Charlene Wood addressed the board regarding transparency and her desire for the board to have more open conversations about issues concerning the membership.

Reports:

• President

  • Discussion of protocols for acknowledging the receipt of member communications.

    • As Secretary, Jeff will draft a standard response to acknowledge the receipt of a member communication and include a statement that the member communication will be added to the subsequent board meeting agenda.

    • Member communications will no longer be part of the consent agenda and will be discussed as part of the meeting.

    Tim motioned that member communications will be acknowledged as received and placed on the following meeting agenda for board consideration. William seconded. Jim noted that not all communications will warrant board discussion.  All in favor.

  • Discussion of board meeting protocols/communications and the use of Executive Sessions.

    William motioned to adopt the following expected protocols relative to meeting announcements and results:

    • Meetings are announced at the prior board meeting, on the white board at the entry to Scenic Estates, on the website, and in the newsletter.

    • When available, agendas will be posted on the website, at the clubhouse and in the newsletter. 

    • Approved minutes from prior board meetings are posted at the clubhouse and on the website.

    • Zoom audio recordings are made available on the website.

    Tim seconded.  All in favor.

  • Update on delinquent lots 20029 & 60007-A verbal agreement has been established with the owner of the lots to purchase the two lots for $500 total ($250/lot), rather than expending the cost of foreclosure.  A deed in lieu of foreclosure will be ready next week. 

  • General Manager & Operations Staff hirings-LISECC will be advertising for the hiring of both positions in the next week.

• Administration

  • Review of the revised job descriptions.  Changes to the documents are as follows:

    • Part time General Manager is non-exempt

    • Operations Manager-continue with detailed description that was previously established

    • Delete 5.8 Administrator and replace with 5.8 Project Manager

    • Delete 5.9 Bookkeeper and replace with 5.9 Office Manager

    • Change 5.10 to Operations Staff (new part-time position)

    • Renumber Employee Performance Standards and Policies and their subsections to 5.11.

    • Renumber Amendments and Adoptions and their subsections to 5.12

    Jim motioned that we accept the job descriptions as presented, insert them into Section 5 and renumber them as stated. William seconded. Ben issued a reminder that these descriptions can be changed after the new positions are hired, if necessary. Jim called to question. All in favor.

  • Discussion of hiring process for General Manager and Operations Staff

    • LISECC Personnel Policy Handbook requires that we must advertise new positions for 15 days.

    • Positions to be posted on Nextdoor, Craigslist, in the LISE Newsletter, and at the Islander.

    • Resume and Cover Letter should be electronically submitted to Jeff and/or Ben.

    • The full board will review applications and interview applicants during Executive Session(s) to protect the privacy of the applicants.

• Finance

  • Tim motioned to approve and adopt the Management and Client Representation Letter from the auditor.  Jim seconded. All in favor.

  • Reserve Transfer-Wilson Engineering Invoice 16616 $1279.50-Tim expressed concern that the Wilson Engineering invoices do not provide enough information about the work that is being done.  Tim motioned to transfer $1279.50 from Reserves for the Wilson Engineering Invoice 16616. William seconded. All in favor.

• Operations/Water

  • Tim recommended that we remove any language in our documents that indicates that the clubhouse can be rented by anyone other than a member.  The clubhouse is only for use by members and their guests.  Tim motioned that we do not rent the clubhouse to non-members and that any language indicating otherwise be removed from the Governing Documents. Jim seconded.  All in favor.

  • Isaac, Tim and Bill Taylor have a meeting scheduled on Monday to discuss the WWU reservoir water testing program.

• Communications/Planning

  • Jeff will compose a response letter to acknowledge member communications and submit it to the board for review.

Old Business: None

New Business: None

Other Business:

• Next BOD Meeting: February 27, 2022 at 9:30am

Adjournment: William motioned to adjourn at 11:33pm.  Jim seconded. All in favor. Meeting adjourned at 11:33pm.

Click here to see a table of the action items to be completed by board members as of January 30, 2022.

Minutes January 10, 2022

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Three Members are present (Isaac Colgan is recognized in his capacity as a member; he is also a LISE staff member.)

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None

Announcements:

• Ben Twigg announced posting of a link to a meeting as necessary to continue the discussion in the event the session times out due to Zoom meeting limits.

Member Communications:

• Isaac Colgan is recognized for four minutes to present an opinion to the board concerning use of personal Zoom accounts for board meetings and purpose of closed Executive Sessions.

New Business:

• William motioned that the board move into Executive Session to discuss personnel issues and legal matters at 7:38pm.  Jim seconded. Motion carried by unanimous vote.

• Return to open session at 8:06pm.  Member attendees returned to meeting.  No formal action was taken during Executive Session. 

• William motioned that we post and fill a part-time General Manager position consistent with Section 5.6 of Rules and Regulations and with Sections 2 & 3 of the Personnel Policy Handbook. Jim seconded.  Motion carried by unanimous vote.

• Tim motioned that LISECC post the open position of Operations Staff, part time, consistent with Section 5.6 of Rules and Regulations and with Sections 2 & 3 of the Personnel Policy Handbook.  Jeff seconded.  Motion carried by unanimous vote.

Other Business:

• Next BOD Meeting: January 30, 2022 at 9:30am

Meeting adjourned at 8:11pm

Minutes December 30, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Isaac Colgan

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda: None

New Business:

• Ben made a statement to explain the unusual nature of the board meetings and the necessity of establishing an open meeting to allow moving to executive sessions. In the future, meeting notifications will contain more explanatory language that no formal business is expected to be discussed during open session unless indicated by published agenda items.

• Jim motioned that the board move into Executive Session to discuss personnel issues at 7:35pm.  William seconded. Motion carried by unanimous vote.

• First Zoom Executive Session ended due to time constraints on the account.  Returned to Open Session to conclude first portion of meeting at 8:09pm.

• Second Zoom Executive Session began at 8:13pm to resume previous discussion of personnel issues.

• Back in open session at 8:38pm.  No motions made during Executive Session.  Discussed upcoming personnel evaluations and issues concerning personnel. William moved to extend a 4% cost of living adjustment to all LISECC employees effective January 1, 2022.  Jim seconded.  Motion carried by unanimous vote.

Meeting adjourned at 8:40pm

Minutes December 12, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Add November 2021 financial reports to Consent Agenda

• Add ratification of the water rates to Finance Report

• Add report on DNR lease to Operations Report

Approval of Minutes and Consent Agenda:                                                  

• Ben introduced the consent agenda.  The consent agenda includes items for approval that the board is expected to have reviewed prior to the meeting and don’t require discussion. 

  • Board of Directors’ Meeting Minutes from November 21, 2021

  • Continuation Board of Directors’ Meeting Minutes from November 23, 2021

  • Member Communications received via email

  • November 2021 Financial Reports

  William motioned to approve the Consent Agenda. Tim seconded. All in favor.

Member Communications: None

Reports:

• President

  • Retreat Planning-Special board meeting to take place on Jan. 23, 2022.  The purpose of the meeting is for the board to spend 3-4 hours planning and prioritizing for 2022.

  • Committee Formation-To be discussed further at the board retreat. 

  • Door Installation Proposal-Tim motioned to accept the proposal from Nick Kluge for $760 to install doors at the maintenance shop and the water treatment plant. Jim seconded. All in favor.

  • LISECC received a request to monitor crab larvae at the dock using a light trap the size of a 5-gallon bucket.  The board approved the monitoring request.  Jim will respond to the inquiry and include a request that LISECC be made aware of the results of the study.

• Administration

  • Revision of LISECC Governing Documents

    • Rules and Regulations Sec. 5.4.3.3

    • Policy Statement 7 (C)

    Discussion of additional changes to the drafts.  Jim to present updated drafts at next meeting.

• Finance

  • Approval of the FY2020 Audit-William motioned to approve the draft audit for fiscal year 2020.  Jim seconded.  All in favor.

  • FY2021 Audit Engagement Letter-William motioned to approve the audit engagement letter for fiscal year 2021 subject to the auditor’s production of adjusting journal entries for the prior audit. Tim seconded.  All in favor.

  • Reserve Transfer- Water System Capacity Analysis Wilson Engineering Invoice 16529 $4,054.50-The board would like to see a more detailed narrative of work product from Wilson Engineering. William motioned to transfer $4,054.50 from Reserves for Wilson Invoice 16529. Jim seconded. All in favor.

  • Discussion of discrepancy in water rates between the board approved water rates and what was published. Jim motioned to ratify the rates that are currently published on the website with Tier 10 being $176 plus $12 per 1,000 gallons over 11,000 gallons. Tim seconded. All in favor.

• Operations/Water

  • Snow Plowing-Discussion of engaging an independent contractor to plow the critical areas of Scenic Estates. Tim motioned to engage Doug Cash as an independent contractor to plow the areas of LISECC as proposed on the map created by staff, subject to the response from our insurance carrier. Jim seconded. All in favor.

  • Clubhouse Update-LISECC has contracted with Coastal Geologic for $4,700.  This firm specifically looks at the dynamics of water and erosion. Coastal Geologic plans to be onsite December 15th or 20th with the purpose of looking at the underlying geology of the point on which the clubhouse rests and possible mitigations. The result of the visit will be a memo or report back to us.

  • DNR Lease-DNR is open to an expansion of the dock and ramp, but LISECC will need to work with several agencies in order to make any changes/repairs.

• Communications/Planning

  • Signers have been added/removed from WECU bank accounts.

Old Business: None

New Business:

• Discussion of the refund to owner of boat towed from the marina-William motioned to refund the owner of the boat the towing fee and leaving open the cost of impoundment.  Tim seconded. Discussion of the rule and procedure for towing boats. All in favor.

Other Business:

• Next BOD Meeting: January 30, 2022 at 9:30am

• William motioned to go into Executive Session to discuss legal and personnel matters at 11:19am. Jim seconded. All in favor. Back in session at 12:22pm. Discussed the status of two foreclosures in process at the LISE attorney’s office. Also discussed upcoming employee evaluations and the potential hiring of new part-time operations assistant. No motions or action taken during the Executive Session.

Meeting adjourned at 12:22pm

Click here to see a table of the action items to be completed by board members as of December 12, 2021.

Minutes November 21, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Remove “Approval of the Audit” from Finance Report

• Remove “Discussion of the refund to owner of towed boat” from New Business 

• Remove “Motion to remove Marine Notice Board” from New Business

• Add “Boil Water Advisory” to President’s Report

• Add “Island Dr. Road Conditions” to President’s Report

• Remove “Feeding Wildlife” from New Business

• Remove “Executive Session to discuss legal and personnel matters” from Other Business

• Add Leslie Dempsey to Member Communications

Approval of Minutes:                                                  

• William motioned to approve the Board of Directors’ Meeting Minutes from October 30, 2021. Tim seconded.  All in favor.

Member Communications:

• Leslie Dempsey reported that after speaking to WCPW Director, Jon Hutchings, the road repair at the site of the washout on Beach Ave. is a high priority for the county. The hope is that a temporary single lane road can be established at the end of Beach Ave. in the next several weeks. 

• 30091/30092-Letters to board re: Feeding Deer-Ben read the written communications aloud. The discussion was postponed until a subsequent board meeting.

Reports:

• President

  • Boil Water Advisory-Isaac reported that the extreme storm runoff has exceeded the ability of our treatment plant to filter safe drinking water.  At this time, we have 5 days of reserve supply water in tank 2, which means that we will run out of water by Thanksgiving Day.  If the water quality does not improve by this afternoon (11/21/2021), we need to plan to issue a boil water advisory notice (per the state) by tomorrow (11/22/2021).  Currently, water quality is improving significantly, which offers hope that we may not have to implement the boil water advisory.  However, a final decision must be made today.

  • The runoff coming down from 1257 Island Dr. near the intersection of Beach Ave. has undermined the road.  A sinkhole is imminent, and people are encouraged not to drive over that section of road. We have reached out to WCPW to make the repair a priority.

  • Ben presented the following suggestions to streamline BOD meetings and help the board maximize productivity:

    • Develop a consent agenda

    • Keep the BOD meetings to 1.5 hours

    • Reinvigorate committees to help the board be more efficient

    • Designate an extended session to identify and prioritize planning projects for 2022

• Administration

  • Jim presented a revised draft of article 5.4.5 related to Onsite Septic Systems and the Sanitary Control Area. William motioned to adopt article 5.4.5 as presented. Jeff seconded.  Jeff, Jim, and William voted in favor. Tim voted against the adoption. Motion passed.

• Finance

  • .Adoption of new water rates- Over the last several months, the board adopted the rationale that water users should pay the full cost of producing water, rather than just 45%.  It is estimated that the cost of water production for 2022 will be $150,000.  William presented several water rate structures for the board’s consideration. Due to the necessity of further discussion on water rates, the board decided to continue this meeting on Tues., November 23 at 7:30pm.

  • Resolution identifying new signers on bank -  Jeff Smith motioned that Benjamin Twigg and William Enoch be added as signers on all LISECC bank accounts, while also removing Douglas Cash as a signer.  William Enoch seconded.  All in favor.

  • Reserves Transfer- Tim motioned to transfer $9,520 from Reserves for the completed replacement of the pressure reducing valve by Ram Construction. Jim seconded.  All in favor.

• Operations/Water

  • Establishing Sanitary Control Area Boundaries & Watershed Protection-Tim presented the idea of reducing the boundaries of the SCA.  However, it is likely that the SCA will be reviewed during the engineering process for the new treatment plant.

  • .Abandoned Kayak Removal, Prohibition of Beach Storage, Kayak Rack-Discussion of installing kayak racks at the marina and changing the rules regarding storing kayaks on the beach.  Tim motioned that the existing kayaks are removed from the beach and stored near the boat trailer area.  Jim seconded.  All in Favor.

  • Discussion of the need for an evaluation of the clubhouse footings and foundation by an engineer.  William motioned to spend no more than $10,000 for an engineering consultation that would include a coastal engineer. Tim seconded. All in favor.

• Communications/Planning

  • Jeff suggested that we update and consolidate the contact list for our membership.

Old Business:

• Clark Circle Update-No new developments at this time.

New Business: None

Other Business:

• Next BOD Meeting: December 12, 2021 at 9:30am.

Meeting adjourned at 12:13pm until it can be continued on Tues. November 23, 2021 at 7:30pm.

Click here to see a table of the action items to be completed by board members as of November 21, 2021.

Minutes November 23, 2021

Board of Directors’ Meeting

Continuation of meeting from Sunday, November 21, 2021

Call to Order: Ben Twigg called the meeting to order at 7:30 pm via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Continued Business:

• Continued Discussion of 2022 Water Rates-The board agreed philosophically that water users should pay the full cost of water production and delivery while all members should share equally in the costs of infrastructure. In recent years, dues significantly subsidized water production. The adopted water rate schedule is intended to generate revenue sufficient to pay the full cost of water production and delivery.

William presented this revised water rate schedule, and the board discussed the rates.

Jim motioned that we accept the water rates as presented. Tim seconded. All in favor. William motioned that the new rates go into effect on Jan. 1, 2022.  Tim seconded.  All in favor.

Meeting adjourned 8:15pm

Minutes October 30, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 10:00 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch, Tim Robison

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing.  Quorum.        

Changes to the Agenda:

• Move Reserve Transfer for Baker Mountain Ranch up on the agenda to follow the item “Tree Work”.

Approval of Minutes:                                                  

• William motioned to approve the Board of Directors’ Meeting Minutes from September 12, 2021.  Jim seconded.  All in favor.

• Jim motioned to approve the Board of Directors’ Meeting Minutes from October 14, 2021.  Jeff seconded.  All in favor.

New Business:

• AGM Voting Results:

  • 94 Mail-in Ballots Received. Quorum.

    • Tim Robison and Jeff Smith were elected to the board. 

    • The 2021 DWSRF Pre-Construction Loan was approved.

    • The 2022 Budget was approved.

    • The audit of the 2021 fiscal year to be performed in 2022 was waived.

• Dock Repair-Estimate of $2,025 for dock repair due to damage during storm on September 17, 2021.

• Tree Work- Estimate of $2,826 from Keith Doran.  Tim motioned to approve the current estimate pending another outreach to Timber Tree Services.  Jim seconded.  All in favor. 

• Reserve Transfer- William motioned to transfer $1,887.90 from Reserves for Baker Mountain Ranch Invoice #1071. Tim seconded.  All in favor.

• Election of Officers:

  • The board members discussed positions they were interested in filling.

  • Voting was done by secret ballot.

    • Ben Twigg was elected President.

    • Jim Coats was elected Vice President.

    • William Enoch was elected Treasurer.

    • Jeff Smith was elected Secretary.

• Assignment of Committee Chairs:

  • Jim Coats was appointed Administration Chair.

  • Jeff Smith was appointed Communications Chair.

  • William Enoch was appointed Finance Chair.

  • Tim Robison was appointed Operations and Water Chair.

  • Jim Coats was appointed Marina Chair.

• DWSRF Loan- William motioned to accept the following Corporate Resolution to Borrow or Guarantee from the 2021 DWSRF loan document. 

  • BE IT RESOLVED that any 4 of the following named officers or employees of this Corporation, whose actual signatures are shown below

    Ben Twigg, President

    James Coats, Vice President

    Jeffrey Smith, Secretary

    William Enoch, Treasurer

    Acting for and on behalf of the Corporation and as its act and deed, be and they are hereby authorized and empowered:

    To borrow from the Lender, on such terms as may be agreed upon between the officers or employees and the Lender, such sum or sums of money as in their judgment should be borrowed, not exceeding, however, at any one time, the aggregate amount shown on the attached Declarations Page as $405,960.

    To execute and deliver to Lender the promissory note or notes of the Corporation, on Lender’s forms, at such rates of interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any indebtedness of the Corporation to Lender, and also to execute and deliver to Lender any renewal or renewals of the notes, or any of them, or any part thereof.

    To mortgage, pledge, hypothecate, or otherwise encumber and deliver to Lender, as security for the payment of any loans so obtained, any promissory notes so executed, or any other or further indebtedness of the Corporation to Lender at any time owing, however, the same may be evidenced, any property belonging to the Corporation or in which the Corporation may have an interest, real, personal or mixed.  Such property may be encumbered, hypothecated, or pledged at addition to or in lieu of any property therefore mortgaged, hypothecated, encumbered, or pledged.  The provisions of these resolutions authorizing or relating to the pledge, hypothecation, granting of a security interest in, or otherwise in any way encumbering the assets of the Corporation shall include, without limitation, doing so in order to lend collateral support to indebtedness, now existing or later arising any of any nature whatsoever, of the above named Corporation to the above named Lender. The Corporation has considered the value to itself of lending collateral in support of such indebtedness, and the Corporation represents to the Lender that the Corporation is benefited by doing so.

    To execute and deliver to Lender the form of pledge agreement, security agreement, and financing statement which may be submitted by Lender, and which shall evidence the terms and conditions under and pursuant to which such pledges, or any of them are made; and also to execute and deliver to Lender any mortgages, deeds, trust indentures, or other instruments in writing, or any kind or nature, which may be necessary or proper in connection therewith, or pertaining thereto.

    To draw, endorse, and discount with Lender drafts, trade acceptances, promissory notes, or other evidences of indebtedness payable or belonging to the Corporation or in which the Corporation may have an interest, and either to receive cash for the same or to cause such proceeds to be credited to the account of the Corporation with Lender, or to cause such other disposition of the proceeds derived there from, as they may deem advisable.

    To do and perform such other acts and things and to execute and deliver such other documents as may in their discretion be deemed reasonably necessary or proper in order to carry into effect any of the provisions of these Resolutions.

    BE IT FURTHER RESOLVED that these Resolutions shall remain in full force and effect until written notice of the revocation thereof shall have been delivered to and received by Lender.  Any such notice shall not affect any agreements in effect or committed at the time notice is given.

    I further certify that the persons hereinabove named occupy the positions set opposite their respective names, that the foregoing Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified or revoked in any manner whatsoever.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation the 30 Day of October, 2021.

    Secretary’s Signature:________________________________

    Print Name:_________________________________

Jim seconded the motion. William noted, the vote of the membership to approve this loan was required by the LISECC bylaws which state that any time indebtedness is secured by any asset of the Corporation, it requires the membership’s approval.  The membership approved this loan at the 2021 AGM.  The motion passed with unanimous approval from the Board of Directors. 

Member Communications:

• 30087-Outdoor feeding of animals.  The board acknowledged the communication but is reserving discussion for a subsequent board meeting.  Jim noted that Whatcom County discourages feeding wild animals but does not have a specific ordinance against it. 

Other Business:

• Next BOD Meeting: November 21, 2021 at 9:30am.

• Tim motioned go into Executive Session at 10:48am to discuss legal matters.  Jim seconded. All in favor.  The board returned to open session at 11:15am.  No motions were made or formal actions taken during Executive Session.  Jim motioned to authorize payment of not more than $5,000.00 for back taxes to protect our financial interests in the properties located at 1225 Jamison and 1139 Berry Way.  Tim seconded.  All in favor.

Adjournment: 11:20am

Minutes October 14, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 7:30 pm via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch

• Board members absent: None

• Staff Present: Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing. Quorum.         

New Business:

• The board members introduced themselves and Ben explained the parameters of the Q & A session.

• The board opened the floor to members who wished to ask questions related to the items being considered on the 2021 AGM Ballot.

• Members’ questions and concerns were addressed by the board.

Other Business:

• Next BOD Meeting: October 30, 2021 at 10:00am

• The board went into Executive Session at 8:42 to discuss legal matters.  Back in session at 9:15pm.  No motions were made during Executive Session.  The board reaffirmed its 9/12/21 motion regarding 1225 Jamison St. and 1139 Berry Way. 

Adjournment: 9:17pm

Minutes September 12, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 9:30 am via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, Jim Coats, William Enoch

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing. Quorum.         

Changes to the Agenda:

• Add Board Officers under Vice-President’s Report

• Add 2022 Budget Plan under Finance Report

• Add AGM (date/format/packet) under Old Business

• Add Executive Session to discuss legal matter

Approval of Minutes: 

• William motioned to approve the Board of Directors’ Meeting Minutes from August 15, 2021. Jeff seconded.  Passed.

• William motioned to approve the Board of Directors’ Meeting Minutes from August 19, 2021. Jeff seconded.  Passed.

Member Communications: None

Reports:

• Vice-President:

  • Jeff motioned to accept Doug Cash’s resignation following the end of his two-year term.  William seconded.  Passed.  (See attached letter.)  The board thanked Doug for his 9 years of service and expressed appreciation for his dedication to the community.

  • Ben Twigg will continue as Acting President until the 2021 AGM when new officers are elected.

  • Drinking Water Pre-Construction Loan- Jim motioned that the amount stated in the Pre-Construction Loan Application of $405,960 is accurate and the board recognizes it as so.  William seconded.  Passed.

• Finance:

  • 2022 Budget-Ben stated that he expects to have a draft for board approval by next week.

• Operations/Water:

  • Dock removal scheduled for October 11, 2021.

• Communications/Planning:

  • No report.

• Administration:

  • Codified Penalties-Discussion of rule enforcement and levying fines or penalties as a means of disciplinary action.  Possibly add advisory questions for the membership to weigh in on at the AGM.

  • Septic Systems-Review of draft of new article 5.4.5-Onsite Septic Systems.  Jim to revise and resubmit to the board.

Old Business:

• Clark Circle Proposal from Freeland Engineering-We have received the drawing from Freeland Engineering.  It has been sent to Tom Kennedy for initial cost estimates.

• AGM (Date/format/packet)-2021 AGM voting will be conducted by mail in ballot due to Covid-19 precautions.  Ballots and AGM materials are scheduled to be mailed to the membership by Oct. 1 and must be returned on or before Oct. 22, 2021.  Voting results will be announced at the BOD meeting on October 30 at 10am.

New Business: None

Other Business:

• Next BOD Meeting: October 30, 2021 at 10:00am

• The board went into Executive session at 11:23am to discuss legal matters.  Back in session at 11:54am.  No formal action was taken during Executive Session.  William motioned that to protect the Lummi Island Scenic Estates Community Club financial interests regarding the two parcels that are currently under tax foreclosure, the board has decided to direct its attorney to proceed with whatever actions are required to either foreclose the property and avoid the tax sale or negotiate with the current owner for relief of the lien in exchange for the deed to the parcels.  The motion was amended to add the addresses of the parcels: 1225 Jamison St.  and 1139 Berry Way.  Jim seconded.  Passed.

Adjournment: 11:57am

Click here to see a table of the action items to be completed by board members as of September 12, 2021.

From: Doug Cash 
Date: Sun, Aug 15, 2021 at 6:21 PM
Subject: Letter of resignation.
To: LISE BOARD <board@lisecc.com>

Dear Fellow Board Members,

I am submitting my letter of resignation. It has been a fulfilling endeavor, being able to serve my community for 9 years, 3 of which were as president. I did my best to make sound decisions and to use good judgement. I do admit there were some errors in both of those categories through the years, for without which, I could not have learned to better myself. I've had the pleasure of serving with a number of different boards over the years. I'm happy and grateful to say that this board has been the best. Thank you for your continued service to this community. Please know that I'm a phone call or email away, I just might not answer as fast as I have in the past. 

Sincerely,

your friend and "Ex"- board member.

Doug Cash

Minutes August 19, 2021

Board of Directors’ Meeting

Call to Order: Ben Twigg called the meeting to order at 8:00 pm via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Ben Twigg, William Enoch

• Board members absent: Jim Coats

• Staff Present: Isaac Colgan (at start of open session only)

Voting Status: All board members present are in good standing. Quorum.         

Other Business:

• The board went into Executive Session at 8:10 pm to discuss legal matters.  Back in session at 8:30 pm.  No motions were made during Executive Session.

Adjournment: Meeting adjourned at 8:35pm.

Minutes August 15, 2021

Board of Directors’ Meeting

Call to Order: Doug Cash called the meeting to order at 3:00 pm via Zoom Video Conferencing.

• Board Members Present: Jeff Smith, Doug Cash, Ben Twigg, Jim Coats, William Enoch

• Board members absent: None

• Staff Present: Kevin Southworth, Isaac Colgan, Allison Cash

Voting Status: All board members present are in good standing. Quorum.         

Changes to the Agenda:

• Add discussion about a member’s leak to Member Communications

• Add discussion about a follow up letter to 30056 to President’s Report

• Add discussion about signage at the Marina to Administration’s Report

• Move revised leak forgiveness clauses to Administration’s Report

Approval of Minutes: 

• William motioned to approve the Board of Directors’ Meeting Minutes from July 18, 2021. Jim seconded.  Passed.

Member Communication:

• 40060-Member has a leak on his side of the meter that is difficult to access.  The member would like to abandon his current water service and trench in a new water service, at the member’s expense. 

Reports:

• President:

  • Whatcom County Fire Agency Radio System-There is a new Assistant Chief of South Whatcom Fire Authority and he reached out to the board to clarify the terms of an existing agreement between FARS and LISECC. 

  • Discussion about follow up to letter sent to acct 30056 re: policy that puppies must be removed by 8 weeks of age. 

• Finance:

  • As per our July financial statements, on a cash basis, we are at 60% of the annual budgeted expenses.

  • The last information we received about the loan application indicates we should have final documentation by the end of August.  This means we could conduct the vote on the loan at the AGM in October, rather than having to hold a special meeting.

• Operations/Water:

  • We do not yet have the results of the Department of Ecology dam inspection.

  • Our turbidity levels are excellent.

  • We are still encouraging members to conserve water as reservoir levels are still lower than average.

• Communications/Planning:

  • No report.

• Administration:

  • Jim suggests that we post a sign at the marina indicating that boats without a decal will be towed if they are left at the dock for an extended period.  The boat committee will convene and discuss how to proceed in the future.

  • Leak Forgiveness Clauses-Jim resubmitted his draft of the leak forgiveness clauses. 

    • 5.4.3.2-All components of the water system located after the meter are considered the property and responsibility of the member.  Any faults in this section that result in wasted water must be repaired in a timely manner at the member’s expense.  The LISECC staff assess for leaks on a weekly basis and immediately report any anomalies to the member.   The member is responsible for the full quantity of water reflected in the water use assessment.   Failure to address a chronic leak could result in water being shut off or disconnected, along with the fees and assessments reflected in 5.4.3.1.  All shut-off and reconnection fees must be paid in full before water service is restored.

    • 5.4.3.2.1-If a member feels that significant contributory circumstances are present in a given situation, he or she may present these circumstances to the Board at a monthly Board of Directors’ Meeting.  At this time the member can request a one-time release from the extra water usage charges associated with a major leak.  The Board will consider the circumstances as presented and render a decision no later than the following Board meeting.   The member remains responsible for fixing the leak regardless of the Board’s decision.   It must be underscored that any release from fiscal responsibility will be a one-time exception, not to be repeated at a later time.  The Board considers these appeals on a case-by-case basis and in no way guarantees a release from debt.     

    Jim moved we accept the changes as proposed.  Ben seconded.  Passed.

  • Sanitary Control Area- Whatcom County and Washington state agencies do not enforce the rules we establish to protect the Sanitary Control Area.  As a result, we must state our rules very clearly and enforce them ourselves.  One possibility is to record a restrictive covenant against the lots in the Sanitary Control Area.  We could also add a section to Rules and Regulations regarding the Sanitary Control Area.  Discussion tabled until further research can be conducted.

Old Business:

• Lien Procedures-At this time, no recommendation for the board. 

• Clark Circle Proposal from Freeland Engineering-Proposal is not ready yet.

New Business:

• Doug Cash resigned from the board effective at the end of the August 15, 2021 Board of Directors’ Meeting.

Other Business:

• The board went into Executive Session at 4:11pm to discuss legal matters.  Back in session at 4:35 pm.  In recognition that there are 2 lots scheduled to be auctioned due to back taxes, in order to protect the interests of LISE, William motioned that LISE make payments not to exceed $3000.00 per lot to cover the back taxes, pending a discussion with the attorney.  Ben seconded.  Passed. 

• Next BOD Meeting: September 12, 2021 at 9:30am

Adjournment: Meeting to be continued on Thursday, August 19 at 8pm via Zoom

Click here to see a table of the action items to be completed by board members as of August 15, 2021.