A Message from the New LISE Firewise Coordinator, Loren Conroy

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Hello Fellow Scenic Estates Residents!

For those of you who missed the last board meeting, I would like to introduce myself as your new Firewise program coordinator. The position has been vacant for a little while now and, unfortunately, that means we are in a bit of a time crunch for this year's renewal application. Information about this year's renewal and how you can help out is provided in the section below. Additionally, this year an updated 3 year Action Plan will need to be submitted as a part of the renewal application. If you would like to assist with this process, please refer to the information below regarding joining the Firewise committee.

More information about the Firewise program can be found on their website as well as the LISE community website at: 

https://www.nfpa.org/education-and-research/wildfire/firewise-usa

https://www.lisecc.com/firewise

As noted on their website, "The national Firewise USA recognition program provides a collaborative framework to help neighbors in a geographic area get organized, find direction, and take action to increase the ignition resistance of their homes and community and to reduce wildfire risks at the local level."

Lummi Island Scenic Estates has been a member since 2003 and I look forward to your assistance to help keep us in good standing with the Firewise program and reduce the risks of wildfire in our community!

 Thanks!

 Loren Conroy
Firewise@lisecc.com
509.528.5600

Firewise USA Annual Renewal Application 

 Our renewal application is due Friday, November 21st!

 You can help to meet this deadline by submitting any 2025 LISE Firewise Risk Reduction Investments by Friday, November 14th so they can be included in this year's renewal application.

 Use the link above for the online form to record your activities for the year or email a filled out copy of the Firewise Volunteer Hourly Worksheet to firewise@lisecc.com. 

 Under the Risk Reduction Investment portion of the application we must record an investment of one volunteer hour per residence of risk reduction actions, activities, and expenses from the current calendar year. In addition to the hard work Scenic Estates staff have put in to help maintain and reduce risk in the communal areas, I look forward to hearing from individuals within our community about all of the ways you have contributed to reducing risks throughout our community.

 The Time and Expense Investment Examples can be used to determine ways that you may have helped contribute to our risk reduction investment this year (or get ideas for next year). You may have invested more than you realize! The following are just a few examples from the pdf of activities that count towards risk reduction:

  • Mowing lawns and trimming native grasses and weeds as needed

  • Raking and removal of pine needles, leaves, and ground debris

  • Removal of debris on the roof and in the gutters as needed

Join the Firewise Committee!

We are currently looking for members to join the Firewise Committee. 

 First on the agenda for the committee will be to assist with updating the 3 year Action Plan to submit with the annual renewal due Nov. 21st.

Per the Firewise website, "A multi-year action plan created by the designated board/committee, using the risk assessment document as a tool to determine priorities for the area within the identified boundaries, is required for all applicants. Action Plans are a prioritized list of mitigation investments, risk reduction projects and education activities that participants will strive to complete each year." 

Please email firewise@lisecc.com if you are interested in joining and include your name, email address, and phone number, along with any pertinent information regarding your availability. Given the upcoming deadline for the renewal application, the next committee meeting is anticipated to be scheduled by no later than Friday, Nov. 14th. 

2025 Assessment Explanation

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LISECC Community Notice

Why Your Participation Is Essential

Dear LISECC Member,
We understand that special assessments are never ideal. Unfortunately, this one became necessary—and was approved by a vote of participating members at the September Annual General Meeting (AGM).

What Happened

The LISECC Board was forced to initiate legal action to protect community property from the actions of a member and their tenant. You can find full details at www.lisecc.com/legal.

Although LISECC prevailed in court, the legal expenses totaled $102,671.19—an unbudgeted cost that had to be paid from our Reserves. Under RCW 64.90.540, any funds withdrawn from reserves for unbudgeted expenses must be replenished within 24 months. LISECC’s only means of doing so is through a special assessment.

Protecting Our Future

To prevent similar financial strain, our attorney has proposed a bylaw amendment that would safeguard us against unbudgeted legal costs. Specifically, the proposed amendment states that LISE shall be entitled to recover costs and reasonable attorneys’ fees if it prevails on appeal and in the enforcement of a judgment, as determined by the court.

Unfortunately, we’ve been unable to pass it—not due to opposition, but because not enough members have returned their ballots.

According to Bylaw 4.7.2.1., a majority vote of total eligible members must vote in favor for any bylaw amendment to be adopted. Despite two voting rounds, the amendment failed due to low turnout. In both instances, those who did vote overwhelmingly supported the change.

What You Can Do

Your participation can make a difference. With your help, we can finally put this protection in place.

Please take a moment to review and respond to mailings from LISECC. If you have questions, our Board members and General Manager are always happy to speak with you.

Contact Us:

360-758-2699

business@lisecc.com or board@lisecc.com

Thank you for helping us protect and strengthen our community.

Sincerely,

LISECC Board of Directors

2025 AGM Voting Results

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The LISECC Annual General Meeting was held on Saturday, September 27, 2025 at the Scenic Estates Clubhouse. See 2025 AGM materials and board candidate statements here.

VOTING RESULTS

25 members checked-in; 70 absentee ballots received

Board of Directors (for two open positions)

  • Charlie Baughman: 82 votes (approved)

  • William Enoch: 87 votes (approved)

At the board meeting following the AGM on September 27, 2025 the Directors elected the following officers:

  • President: Jim Coats

  • Vice-President: David Canterman

  • Secretary: William Enoch

  • Treasurer: Loren Conroy

The following Committee Chairs were appointed by President Jim Coats:

  • Administration: William Enoch

  • Communications: William Enoch

  • Planning: David Canterman

  • Operations & Water: Charlie Baughman

  • Marine: Jim Coats

  • Election: William Enoch

  • Disaster Preparedness: Loren Conroy

2026 Budget and Dues

APPROVED

Approve: 88| Disapprove: 3

The proposed Budget will set dues at $925 per year, having a total income of $609,675 and expenses of $500,991. Dues do not include the existing DWSRF loan or water usage fees.

One-Time Legal Fee Reimbursement Assessment

APPROVED

Approve: 82| Disapprove: 13

Bylaw Proposal 4.5.4

DISAPPROVED

Approve: 92| Disapprove: 2

The threshold to amend a bylaw is a high bar. Bylaw 4.7.2.1. states that bylaw amendments which are approved by a majority vote of the eligible members shall become effective immediately. For the 2025 Annual General Meeting of the Members, there were 242 voting members; a majority required 122 approval votes to pass the amendment.

Audit of Financial Statements of the 2025 Fiscal Year

APPROVED

Approve: 68| Disapprove: 27

The board is recommending an audit of the 2025 fiscal year. The last audit was conducted in 2025 for the 2024 fiscal year.

Beach Avenue Landslide Repair and Island Drive Pavement Repair Project

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Nearly four years after the cataclysmic events brought on by the first weather event termed an “Atmospheric River” by the weather gurus, major repairs to Beach Avenue are scheduled to begin.

Granite Construction will be doing the work. Their plan is to store equipment and some materials on the Aiston Preserve property and work from the south to the north of the destroyed roadway.

There will be a full road closure of Beach Avenue starting approximately from the intersection of Beach Avenue and Cedar Avenue to the south near the intersection of Beach Avenue and Aiston Ceeek Road. The full road closure is currently planned to take place from July 21, 2025 to September 8, 2025 as Granite reconstructs the washed-out section of Beach Avenue.

For those of you living south of Aiston Creek Road, this will be a major disruption. An alternate route around most of the work area is Berry way to Aiston Creek Road – over the bridge and down Aiston Creek Road to Beach Avenue. Please take it slowly and give yourself equal room side to side on the bridge. It’s plenty sturdy, but a little narrow. Take extra care.

In conjunction with the road closure, access to the lower entrance of the Aiston Preserve will also be closed until construction is complete. Visitors are welcome to use the “Inati Trail” access for the upper sections of the Aiston Preserve and will be able to hike down to the waterfront from there.

Whatcom Superior Court WRIA 1 Water Adjudication Summons

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Recently, the Washington State Department of Ecology sent a summons to all users of surface or groundwater within the Nooksack Watershed to file a claim verifying their legal right to use water. Upon receipt of this summons, we have heard from many concerned LISECC members seeking clarification on how to respond to the summons.

For the purposes of the adjudication, Lummi Island is identified as being within the Nooksack Watershed. Anyone who has a private well or uses surface water on their properties must enter a claim and document their right to water usage and submit date on how much water they are using. However, if your property is connected to the LISE Water System and that is your only source of water, you do not need to respond to the summons or file a claim.

The responsibility for responding to the summons rests with LISECC, and any necessary actions will be taken on behalf of the entire membership. There is no need for members to take any personal action or submit any responses. If you have any questions or concerns regarding the adjudication, please feel free to contact the board directly using the email address board@lisecc.com.

We appreciate your cooperation and will continue to keep you informed of any developments, as necessary.

Voting Results-2025 Special Meeting of the Members

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The 2025 LISECC Special Meeting of the Members was held on February 23, 2025 at 9:30am. See the 2025 Special Meeting of the Members packet materials here.

VOTING RESULTS

The threshold to amend a bylaw is a high bar. Bylaw 4.7.2.1. states that bylaw amendments which are approved by a majority vote of the eligible members shall become effective immediately. For the 2025 Special Meeting of the Members, there were 247 voting members; a majority required 124 approval votes to pass the amendment.

Proposal Amending Bylaw 4.5.4

DISAPPROVED

Approve: 110| Disapprove 4

Conclusion of Affair on Carol Lane & Critical Bylaw Amendment

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Conclusion of the Lawsuit Against Dustin Wolfe and Mitch Nimon

  • Results of the court hearing on Friday, January 31, 2025 concerning Carol Lane events-A letter from our legal team. (The filed Amended Order on Summary Judgment is available here.)

  • Why the Bylaw Amendment is critical

  • Absentee ballots for the Bylaw Amendment need to be received on-island by Friday, February 21, 2025

A letter from our legal team on the conclusion of the lawsuit

February 1, 2025

To: Lummi Island Scenic Estates Community
Re: Conclusion of the lawsuit against Dustin Wolfe and Mitch Nimon
 
Dear Members of the LISE Community:

I write to advise you of the conclusion of LISECC’s lawsuit against Defendants Dustin Wolfe and Mitch Nimon. 

Before I do so, however, I want to note that it is unfortunate that Defendant Wolfe’s and Defendant Nimon’s behavior and refusal to comply with the community’s rules and Washington law necessitated LISECC’s lawsuit. That lawsuit has resulted in attorney’s fees and costs that the community must bear and a drag on the time of your professional staff and your volunteer leadership. The alternative would have been to capitulate to their unlawful claim to a LISECC road and destruction of LISECC’s property.
 
Now, the conclusion. The Whatcom County Superior Court has entered judgment against Mr. Nimon and will enter judgment against Mr. Wolfe in the next week. The lawsuit accomplished several important things for the community.
 
1. The Court ruled that LISECC, alone, holds title to Carol Lane. The Court ordered Whatcom County to remove the unlawful “Quitclaim to title of easement” recorded by Defendant Wolfe against Carol Lane.

2. The Court entered a permanent injunction prohibiting Defendant Wolfe from:

(a) interfering with LISECC’s control and governance of LISE Tracts A-C
(including Carol Lane);
(b) taking any possessory actions on LISE Tracts A-C;
(c) cutting any trees in LISE, other than on Lot 2;
(d) cutting any trees on Lot 2 without first obtaining necessary permission from
Whatcom County and the Washington Department of Natural Resources and
presenting such proof of permission to LISECC for confirmation;
(e) building on Lot 2 any type of temporary or permanent structure, without first
obtaining a building permit from Whatcom County and presenting the permit to
LISECC for confirmation; and
(f) keeping more than two dogs on Lot 2.

The Court further directed that the Whatcom County Sheriff’s Department will protect LISECC and its employees and representatives to the degree it is necessary for LISECC to enforce any of the injunctive relief granted.

3. The Court ruled that Defendant Nimon, alone, is the owner of Lot 2. Defendant Wolfe is not entitled to take any actions as owner of that property such as, for example, voting as a member of LISE. The Court ruled that Nimon is liable to LISECC for all damages caused by his tenant, Wolfe.

4. The Court ruled that Defendant Wolfe’s actions of erecting fencing, signs, a gate, and a camera constitute invasion of LISECC’s property and trespass and caused LISECC damages. Those damages, in the amount of $1,305.00, were awarded against Wolfe.

5. The Court ruled that Defendant Wolfe’s actions of felling trees into Holiday Lake constituted a private and public nuisance which damaged LISECC.

6. The Court affirmed that LISECC’s governing Rules and Regulations entitle LISECC to an award of the cost of restoring the damage Wolfe caused by felling the trees into Holiday Lake.

The Court ordered that LISECC was entitled to an award of damages against Defendant Wolfe with respect to Nos. 5 and 6 above. However, because it would have required LISECC to incur additional attorney’s fees in a more protracted lawsuit to establish the amount of those damages and, given what LISECC knows about Defendant Wolfe’s ability to pay any award, LISECC’s leadership determined that LISECC would abandon pursuing these additional damages and the substantial additional attorney’s fees that would follow.

LISECC was burdened in this lawsuit by the absence of an attorney’s fee provision under LISECC’s Bylaws that would have allowed LISECC to recover its attorney’s fees for successfully vindicating its rights against Defendants Wolfe and Nimon. The community is presently considering a change to its Bylaws so that if there is ever a need to again defend the community’s interests, the community will not be stuck with the attorney’s fees needed to successfully obtain relief from court.

I want to commend your community for the wisdom and good fortune of having volunteer leaders Jim Coats and David Canterman who have worked closely at every step with my firm to protect the community’s interests and make wise decisions about when to call it a day. I also am grateful to your professional staff who interrupted their regular work to answer many questions from me and to prepare declarations that were instrumental in our successful litigation.

Mr. Wolfe has filed counterclaims against LISECC. Those are being ably defended by Bellingham attorney Shane Brady who is paid by LISECC’s insurer.

Sincerely,

Jessica L. Goldman
SUMMIT LAW GROUP, PLLC

Editor's Note: Two things to note from the letter...

The above letter from Jessica Goldman, lead attorney on our suit concerning Carol Lane events is, indeed, good news and we are grateful for the expertise of her entire team at Summit Law Group.

While we are glad to see the suit reach the conclusion it has, it should be noted that Wolfe had filed several counterclaims on adjoining issues - including defamation of character. Those suits naming LISECC as defendant are being defended through a separate legal team retained by our insurers. We fully expect to prevail in those suits as well.

The second point that Jessica pointed out is that, had the proposed bylaw amendment been in place, it is extremely likely that legal fees would have been granted to the substantially prevailing party (in this case - LISECC).

Please return your ballots by the cutoff date (see below) and vote to amend our bylaws to help keep frivolous, un-necessary lawsuits out of the court system.

The bar to reach to amend a bylaw is very high. – higher than in any other issue this community normally votes on. A majority of the total eligible membership is required to enact the amendment. In order to receive the required number of affirmative votes, we need everyone to fill out their ballots and send them back to arrive no later than Friday, Feb. 21.

Ballots for the bylaw amendment proposed by the board of directors need to be received at the Lummi Island Post Office by Friday, February 21.

As a result of the open community discussion held at the last Board of Directors’ meeting (Sunday, January 26, 2025), there have been a couple of minor changes made to the wording of the amendment. It’s important to note that none of the minor changes in language alters the statement as originally presented or its intent.
Here is the revised version (also available from the LISECC website by clicking here):
If the amendment passes, the text will be recorded with the following corrections as allowed by the Revised Code of Washington. The changes are to reflect consistency of phrase (1), to correct a simple scrivener’s error (2), and to clarify an ambiguity (3).
 
Section 4.5
Dues and assessments, Attorneys’ Fees and Costs
 
Article 4.5.4 – Attorneys’ Fees and Costs
 
4.5.4.1
LISE shall be entitled to recover any reasonable attorneys’ fees and costs (1) incurred in connection with the collection of delinquent accounts (2), whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, LISE shall be entitled to recover reasonable attorneys’ fees and costs (1) if it prevails on appeal and in the enforcement of a judgment, as determined by the court. In any other proceeding to enforce LISE’s governing documents, rules, and regulations, the substantially prevailing party shall be entitled to an award of attorneys’ fees and costs (1) against the non-prevailing party, as determined by the court. In the event that the prevailing party is LISE, the attorneys’ fees and costs (1) so awarded shall constitute an assessment against the non-prevailing member’s (3) lot(s).
 
4.5.4.1 (a)
In the event a lawsuit is brought against LISE by a member, the substantially prevailing party shall be entitled to an award of attorneys’ fees and costs (1) against the non-prevailing party, as determined by the court. In the event that the prevailing party is LISE, the attorneys’ fees and costs (1) so awarded shall constitute an assessment against the non-prevailing member’s (3) lot(s).

(1) Changed to ensure consistency
(2) Changed to correct a scrivener’s error
(3) Changed to clarify an ambiguity

2024 AGM Voting Results

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The LISECC Annual General Meeting was held on Saturday, September 28, 2024 at the Scenic Estates Clubhouse. See 2024 AGM materials and board candidate statements here.

VOTING RESULTS

Board of Directors (for three open positions)

  • David Canterman: 61votes (approved)

  • Jim Coats: 63votes (approved)

  • Loren Conroy: 59 votes (approved)

  • Vic Armfield: 1 vote

  • Mitch Nimon: 1 vote

  • Dustin Wolfe: 1 vote

Doug Cash was confirmed (62 votes in favor; 3 votes against) for the one year remaining on the Board position vacated by Tim Robison to which he was appointed in July 2024 (per Bylaw 4.4.1.6.)

At the board meeting following the AGM on September 28, the Directors elected the following officers:

  • President: Jim Coats

  • Secretary: Jeff Smith

  • Treasurer: Loren Conroy

The following Committee Chairs were appointed by President Jim Coats:

  • Administration: David Canterman

  • Communications: Jeff Smith

  • Planning: David Canterman

  • Operations & Water: Doug Cash

  • Marine: Jim Coats

  • Election: Jeff Smith

  • Disaster Preparedness: Loren Conroy

  • Bylaws: Jim Coats

2025 Budget and Dues

APPROVED

Approve: 55| Disapprove: 12

The proposed Budget will set dues at $925 per year, having a total income of $603,475 and expenses of $460,218. Dues do not include the existing DWSRF loan or water usage fees.

Audit of financial statements of the 2024 Fiscal Year

APPROVED

Approve: 43| Disapprove: 24

The board is recommending an audit of the 2024 fiscal year. The last audit was conducted in 2024 for the 2023 fiscal year.

2024 Annual General Meeting (Audio)

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The 2024 LISECC Annual General Meeting was held on Saturday, September 28, 2024 at the Scenic Estates Clubhouse. Members voted on three open Board of Directors positions, the confirmation of a board member, the 2025 budget and whether to conduct an audit of the 2024 fiscal year.
The 2024 AGM also served as a public meeting to address the proposed water treatment plant replacement project and allow for member questions and comments.
The audio recording of the meeting can be found below.


Are You Aware That LISE Has An Emergency Siren?

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If you’re in Scenic Estates – or probably anywhere south of the Lummi Island Fire Station – you will be treated to a test of the siren this coming Thursday, April 4 (planned for around noon) and again on Thursday, April 11 (no time set yet). This is only a test necessitated by a plan to move the switch to a new location.
 
The siren is located at the maintenance/shop building on Island Drive, near the intersection with Cedar Avenue. Its purpose is to alert the community of emergency situations. The switch for the siren is being moved to a new location – offering an opportunity to test the system to ensure it is fully functional both before and after the move. The tests are being coordinated with the Fire and Sheriff’s Departments. To the best memory of current staff, it has been many years since the siren has been tested. This is a good opportunity to determine that, when it is needed, it will be fully functional.
 
In the case of an actual emergency consult the disaster preparedness plan for your community/neighborhood. There is information on disaster preparedness available on the LISE website here and a link to the Lummi Island Fire Dept info here. Please keep in mind that in an actual emergency situation, communication and internet access may be disrupted. Printing out the disaster preparedness plan and information and assembling in a binder with your evacuation kit or emergency rations is a good idea. Joining in the Map Your Neighborhood efforts is also critical to sharing resources and helping neighbors in the event of an emergency.

Clubhouse Renovations-Progress to Date (4/2/2024)

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Foundation Renovations

At this point, the foundation renovations are complete and electrical upgrades are done (there may be some work still pending on outdoor lighting). The contractor is working on framing up the walls for the new mechanical/furnace space and the new outside walls and door in preparation for furnace reinstallation planned for Tuesday, April 9.
 
We’re looking forward to a return to in-person meetings at the LISE Clubhouse for our April Board meeting.

LICA Sponsored Roadside Clean Up

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LICA is sponsoring its Annual Roadside Clean Up on Saturday, April 6, 2024 from 9:30-noon. This is a good volunteer opportunity that comes around every spring, gets us out with new friends and old neighbors, and keeps our island roadsides inviting for all. The usual length of road is 2 miles.

The Grange will have its usual hot dog lunch. If you would like to participate, please email carol.mckinney@gmail.com to be added to the list and get a road assignment with instructions. You may adjust your hours if you like.

We will have coffee and donuts for LISE volunteers from 9-9:30 (venue to be determined if the LISE Clubhouse is still under construction). The more volunteers, the easier it will be. Thanks so much for helping out!