West Beach Road Association

Minutes of the Annual Meeting
April 18, 2009

Present:

Robert & Margaret Elphick, Bill & Belinda Hawkins, Bill & Lorraine Van Zytveld; Mike Nunn; Rudy Deck, Bill and Gabrielle Thurman, Jim & Wendy Patton; Shelli Trumbull.

The meeting was called to order at 12:05 with the aforementioned present and voting proxies from the following members: Robert & Cynthia Bush, James & Kaaren McElroy, Kenneth L. Weichel, William, Loretta, & Miles Hamburg, James & Barbara Alley, David & Kathy Steckman

A motion to approve the minutes of the Annual Meeting of March 31, 2007 was made by Bill Thurman, second by Jim Patton. Motion passed.

A motion to waive the reading of the Minutes of the Mid-Year Meeting of 2008 and approve as submitted was made by Bill Hawkins, second by Bill Thurman. Motion passed.

President's Report:

It was noted the changes to the CC&Rs as approved at the Fall meeting are recorded with Island County authorities. The approved changes to the CC&Rs are posted on the web site. In addition, the President has renewed the tax exempt status with State of Washington.

Treasurer's Report:

The Financial Report is attached as an addendum to the minutes. It was announced that all unpaid membership dues are paid and all members' dues are current. Certificates of Deposit are coming to maturity in the very near future and will be rolled over although interest rates are currently low. The Budget for 2009 was presented.

Bill Thurman moved, second by Bill Hawkins, to approve the proposed budget as submitted. Motion passed.

Water Manager's Report:

Jim Alley reported that the water system has been operating normally the past year. No increase in the rate/gallon charge is recommended at this time. The only foreseeable expense to the water system is the condition of the well pump which is 23 years old. This equipment usually has a life span of 15 years. If the pump fails, a new pump will cost approximately $3,000.00.

Robert Elphick noted that an outline of what to do in case of a power failure is on the web site. He also noted that the current generator will power only one water pump, therefore, members should be careful with water use during a power failure. Normally water usage by the association members is approximately 5,000 gallons per day. The tank capacity is 25,000 gallons therefore there is only a week's worth of water to sustain the association members.

Jim Patton noted a cleaning of the reservoir tank will occur on April 30th.

Road Manager's Report:

At the present time, approximately $28,000 has been accumulated to repave the road. The latest estimate acquired by Jim McElroy puts the cost at $40,000+ range. Currently, the association does not have enough money to pave the road, and, therefore must continue to collect an assessment for this purpose. As the present authority to collect the assessment has expired, the President requested the membership consider continuing the present assessment until such time as enough funds have accumulated to pave the road.

Robert Elphick suggested that we should continue the assessment beyond the amount needed for repaving to build up a fund for the future. He moved to continue the present $250 road assessment for another 5 years. The Buys remain exempt from the assessment as they do not use the road. Second by Bill Hawkins. Motion passed. One opposed.

Architectural Control Committee Report:

No report was submitted.

It was noted that the ACC may be exercising too much discretion in approving or disapproving projects within the association and changes to the procedures should be discussed. It was the consensus of the membership that requests should be submitted to the Committee for review and compliance with current CC&Rs; then the Committee recommends to the Board of Directors for final approval. The Committee would have approximately 30 days to review the request including providing the information to the Board for a decision. This procedure may require a special called Board meeting. There is a ACC Application Form on the web site for use in making a request to the ACC. Further, a more comprehensive record keeping system should be considered to insure decisions are recorded for future information of officers and association members. Bill Hawkins will draft a revision of the CC&Rs reflecting the above, to be voted on at the next membership meeting.

It is noted that the senior person on the Architectural Control Committee acts as the Chairperson and spokesperson. Written reports from the Committee will be required, consistent with other committees, with these presented to the Board of Directors at their meetings.

CC&Rs Changes:

Four changes to the CC&Rs were proposed by Bill, Loretta, and Miles Hamburg:

  1. Article XV - 1 Permitted Uses
    Change: "for not more than three cars"
    To: "a minimum two car garage, but not more than a four car garage"
    Reasons: Four car garages are in keeping with general practice in upscale communities. Also, with larger garages, there might be less need for small storage sheds.
    The Board of Directors did not support this proposal as 19 homes have been built under the current CC&Rs.
    A motion to reject the aforementioned changes was made by Bill Thurman, second by Jim Patton. Motion passed. One opposed.
  2. Article XV - 3 Construction
    After: "No prefabricated residential dwellings"
    Add: "except factory assembled panelized construction"
    Reasons: Panelized construction is a new technique that replaces on-site framing. The end result is a higher quality site built dwelling, not a modular or mobile home. More detailed info can be presented at the meeting.
    A motion to table action on this change until more information can be provided on this method of building was made by Bill Thurman, second by Robert Elphick. Motion passed. One opposed.
  3. Article XV - 14 Fences
    After: "wood or masonry"
    Add: "or vinyl"
    Reason: Modern vinyl fencing looks attractive and requires minimal maintenance.
    Board of Directors supported this proposal.
    Jim Patton moved, second by Bill Hawkins, to approve this change to the CC&Rs. Motion passed. Two opposed.
  4. Article XV - 16 Height Restriction
    Change: "twenty eight feet maximum height from the ground<"
    To: "thirty two feet maximum feet from the ground"
    Reason: This arbitrary (28 feet) height restriction is not compatible with most plans available for many styles of homes. The restriction is out of step for today's home style trends. A height variance should be allowed if the architectural style of the dwelling would be compromised by the limitation and the increase does not unduly obstruct views of adjacent lots.
    The Board of Directors did not support this proposal as 19 homes have been built under the current CC&Rs.
    A motion to not change the height restriction presently noted in the CC&Rs was made by Bill Thurman, second by Bill Hawkins. Motion passed. One opposed.

Elections:

The following slate of officers for the association was presented:
Rudy Deck President
Gabrielle Thurman Secretary
Bill Hawkins Vice President
Belinda Hawkins Treasurer
Jeanne Hayes Board of Directors
Bill Van Zytveld Architectural Control Committee
NB - Brad Trumbull and Margaret Elphick currently serve on the Board

The President called for nominations from the floor. There being no nominations from the floor, Bill Hawkins moved, second by Bill Thurman, to accept the slate of officers as submitted by acclamation. The motion passed.

New Business:

Bill Hawkins suggested the association look at wind generation as a means of producing some of the association's energy needs. Wind generation devices and solar panels were two technologies mentioned in the discussion. Although a problem in the past, many of the new wind generation devices create little or no noise which has been a factor in the past.

It was also noted that there are federal grants available for such projects and the association should look into acquiring some of these funds to reduce energy cost for the association members.

Bill Hawkins will have Kelly Keilwitz, Whidbey Sun & Wind come out and explore the idea of solar panels as well as do an energy survey for the association. At some point, the Board of Directors may wish to have a 15 minute presentation on the results.

As there is an interest and potential, Bill Hawkins and Bill Thurman will look into the possibilities and report to the Board.

A motion to adjourn was made by Bill Thurman, second by Bill Hawkins. Motion passed.

Respectfully submitted,

Gabrielle A. Thurman
Recording Secretary