West Beach Road Association

Present:

Jim and Wendy Patton, Jeanne Ming-Hayes, Bill and Gabrielle Thurman, Rudy Deck, Jim Alley, Bill and Belinda Hawkins, Brad and Shelli Trumbull, Anita Dragoo, Earl Darst, Bill Van Zytveld, Margaret Elphick

Proxies: Judy Graham, Jim and Kaaren McElroy, Jenny and Mike Nunn, Loretta, Bill and Miles Hamburg

The meeting was called to order at 1:05 with the aforementioned present and voting proxies from the following members: James & Kaaren McElroy, Bill & Gabrielle Thurman, Shannon & Denise Buys, David & Kathy Steckman, and Bill, Loretta, and Miles Hamburg. A quorum of Members were represented.

The meeting was called to order by the President, Rudy Deck, at 12:05 p.m. in the Conference Room at Whidbey General Hospital.

A motion to waive the reading of the Minutes of the Mid-Year Meeting of 2009 and approve as submitted was made by Bill Thurman, second by Jim Patton. Motion passed.

President's Report:

none

Treasurer's Report:

The Treasurer noted a change in the format of the Financial Reports organized around each account to make it easier to understand at a glance the account activity and balances. The new format reflects prior year’s actual expenditures, Year-To-Date expenditures and the proposed budgeted expenditures for 2010 as of last week. (Addendum to the minutes)

Bill Thurman moved, Jim Patton seconded, to accept the Financial Reports as presented. Motion passed.

Beginning in 2006, the water account has been operating at a deficit. An increase in the water usage fee is suggested for 2010 to meet the financial need of operation of the water facility and to offset the continuing deficit operation. A discussion ensued regarding the need to increase the water usage fees. It was noted there are several vacant homes and/or lots where building has not begun or is projected not to begin in 2010. The Board of Directors recommends raising the current water rate from $.0050 to $.0070 cents per gallon effective April 1st to meet the projected deficit this year. If this increase is accepted, the next three billing cycles should bring in enough water fees to reduce the current deficit to approximately $100 in the Water Account by the end of the year.

Rudy Deck moved to increase the current per gallon water fee from $.005 to $.007 effective April 1st, second by Bill Van Zytveld. Motion passed.

Water Manager's Report:

none

Road Manager's Report:

none

Architectural Control Committee Report:

none

New Business:

CC & R Compliance Issue:
The structure on the Darst property located at 1004 Seacliff Lane is presently used for storage of agricultural supplies and equipment in violation of a Court Order (issued by Judge Hancock, November 21, 1997). The Court Order mandated the structure shall be padlocked and not occupied. The Board’s initial attempts to request that the current owner(s) comply with the Court Order have not resolved this illegal activity. The Board of Directors resolved if compliance issues are not resolved by the Annual Meeting scheduled for April 3rd, the Board would recommend the membership authorize the Board to engage an attorney to pursue this matter via legal action. The estimated cost of such action, if undertaken, is $2,000; and, under our CC&R’s, the Association is entitled to recoup any attorney’s fees. The Board recommends approving this action.

In addition, Board member, Bill Hawkins stated he requested in a personal conversation with Earl Darst to comply with the aforementioned Court order and replace the padlock on the building. Unfortunately, to date this action has not occurred. Mr. Darst remains in violation of the original Court Order of November 21, 1997.

Rudy Deck moved the membership to empower the Board of Directors to proceed with legal action to ensure the Court Order is obeyed noting the approximate cost of the legal fees is thought to be $2,000. Second by Bill Thurman. Discussion ensued. No action taken.

Mr. Darst asked to present his case to the membership. He assured the members the building was not occupied and never would be as far as he is concerned. He noted he was evicted from his Libbey Road property by his step son and was forced to find storage for his farm equipment including farm machinery, bulbs, and repair equipment (nuts, bolts, etc). The 1004 Seacliff structure is a “temporary” fix until he can find a more appropriate storage facility. “He does not intend to keep equipment there long.” One avenue he is pursuing is his brother’s buildings on West Beach Road. The membership inquired into how long he thought this process would take? He indicated he noted approximately a week to secure a storage area and a month to move the equipment, tools, bulbs, creates, etc. Sometime in the future, he announced his plans to build a house on the 1004 Seacliff Lane property once financing is secured.

History: On November 21, 1997, Judge Hancock issued a Court Order involving the building located at 1004 Seacliff Lane stating the building was to be locked, water services shutoff and a padlock affixed by the Sheriff’s Office. Earl Darst and other defendants were ordered to remove all their personal effects from the structure by November 24, 1997. Subsequently, sometime in the past few years, Earl Darst removed the padlock and put his own device on the building in violation of the Court Order. Presently, Mr. Darst is in violation of the original Court Order of November 21, 1997.

Bill Hawkins moved to request the membership to empower the Board of Directors to hire an attorney to pursue legal action (show cause – show contempt – and move to demolish the structure). Further to advise, Mr. Darst, he has one week in order to secure a storage facility (April 9th) and 30 days thereafter (May 3rd) to remove his agricultural equipment, bulbs, etc., from the 1004 Seacliff Lane address. Second by Bill Thurman. The President called for the question, fourteen approved, one opposed (recorded Mr. Darst opposed). Motion carried.

WBRA Website:
The President noted the Association no longer has access to a Website. Jeanne Ming-Hayes suggested using a Blog instead of a website. The Blog is a free service, leave comments on it, post information such as CC&Rs as well. A Blog can do everything a website can as well as it can be made secure to ensure minutes, addresses, emails, phone, and budget are available to only the Association membership. The Blog is interactive and accessible as well as free. Ms. Hayes will look into a Blog site for the Association and make a proposal to the Board.

The President reminded the membership next year is elections of officers for the Association.

There being no further business the meeting adjourned at 1:20 p.m.

Respectfully submitted,

Gabrielle Thurman, Recording Secretary