West Beach Road Association

Purpose of meeting: The meeting was called by Bill Hawkins on behalf of four members in good standing to discuss flooding that occurred within the WBRA boundary late in 2015.

Present: Robert Elphick, Rudy Deck with proxy for Nunn, Jim and Wendy Patton, Bill & Belinda Hawkins with proxies for Thurman, McElroy, and Weichel, Anita Dragoo, Judy Graham, Tom and Katherine Stewart, Bill Hamburg with proxy for Van Zytveld, Trent Oman, Dave Steckman, Russ Johnson, Mick McDonough with proxy for Hunt, Bob and Cindy Bush, Cedric and Cathy Niiro.

A quorum of 21/23 members are represented in person or by Proxy.

The meeting was called to order by President Robert Elphick at 12:00 Noon.

Note: Errol Hanson passed away several days before the meeting. Dean Holt presented a signed letter from Errol's wife, Laura, requesting that he be allowed to attend the WBRA Special Meeting as her representative. A Motion was made by Robert Elphick and Seconded by Bill Hawkins to allow Dean Holt to represent the Hanson's as requested as a voting representative.

Passed unanimously

Reading of the previous meeting minutes

A Motion was made by Bill Hawkins, and Seconded by Jim Patton, to waive reading the Minutes of the 12/13/14 Annual Meeting and to approve those Minutes after correcting the date from 2013 to 2014.

Approved unanimously

President's Report

Robert Elphick presented a visual overview of the flooding and drainage problem experienced by the WBRA community in mid to late December 2015. Large volumes of water accumulated in a wetland to the east of West Beach Road, inundated the County dry well (installed in 2004) along the east side of West Beach Road, flowed through a culvert under West Beach Road, and from there across the properties of Buys, Stewart, and Hanson, then across Seacliff Lane and Iris Lane onto properties of Graham, Hawkins, McElRoy, Patton and Weichel. To date, much water is still most evident on the Stewart, Hanson, Weichel, Patton, and McElroy's properties, as well as the eastern wetlands area even without additional rainfall since Dec 24. Portions of Iris lane remain under water and while the roadway base itself is stable, the WBRA has installed reflective markers along that lane out of safety considerations for drivers.

Eric Brooks, Island County Emergency Services Director, surveyed the flooded areas on Dec 23 - 25 and expressed concerns about standing water close within 45 Ft of the bluff potentially causing bluff erosion and septic system inundations. At his suggestion the North Whidbey Fire and Rescue Department came 2 times to pump 30" water out of Hawkins' basement and Weichel's crawlspace. Weichel is still using a private contractor to pump water out. He has limited physical mobility, and his well being continues to be a concern. McElroy's septic holding tank was flooded necessitating their temporary move out of their home.

In summary, extraordinary volumes of water originating east of West Beach Road resulted in homes with water in them, septic system failures or near-failures with the risk of compromised health, threats to bluff stability, access safety on Iris Lane, and negative effects on property values.

Discussion

Bill Hawkins shared his recent experiences with the water problem, recognizing that this event affects members in different ways. In working with Island County engineers and staff, the "watershed" draining into our WBRA community from across West Beach Road is approximately 173 acres of land! The now flooded "wetland" area itself directly to the east is estimated to be several feet deep, covering approximately 7 acres. Bill did get to County engineers to concede a most important point:

• The October/November/December rainfall establishes a "new data point"

County engineers will need to use the new data to calculate water volumes generated during such events when designing water control/removal systems and facilities.

Bill Hawkins cautioned that even if the County determines the need to expand dry wells, retention ponds, or other means of controlling water based on the new data point, relief might be 2 - 3 years or greater away for County budget approval and actual initiation of any work. In his opinion, affected property and home owners need to take care of their own problems NOW, and not wait for County actions.

Do not lose sight of the fact that the developer (Earl Darst) of the parcels did so in a piecemeal fashion, a few lots at a time. As such, no drainage plan was ever required by the County, and probably not even considered by Darst.

Hawkins and Graham are approaching this problem privately, and have obtained a very preliminary estimate of approximately $30,000 to install a county approved (after permitting is done) over the bluff and down to the base of the bluff piping system. The old over the bluff system that Graham had is inadequate, plus the pipe itself failed about 4 years ago. McElroy is conducting his own solution independently.

Stewart, Hanson, and Weichel are invited to share in this project. Buys expressed the feeling that current drainage across his property onto the fields is the right move, and that Seacliff Lane itself might be causing a dam. But Bill points out that water is pooling in low areas on the Stewart and Hanson properties.

Action items proposed:

• WBRA and its members contact the Island County Commissioners and file an objection with the County NOW, at minimum, via a petition.
• Allow private property owners access under WBRA common areas where needed to engineer their solutions via an easement. RCW 64.38.020 1 - 14 allow HOA's to enter into such agreements.
• Expand the Bylaws to include drainage as a WBRA purpose. This step is probably not necessary as plans for private fixes are already underway.

Jim Patton also reviewed the lack of drainage infrastructure from the developer, Earl Darst. Realtors did not avise buyers of and drainage shortcomings either.

He then reviewed the steps the county took when constructing the 30'x90'x12' infiltration pit (dry well) along West Beach Road. A larger retention pond idea was dismissed by the County Health Dept because of West Nile Virus concerns. McDonough asked about alternate technologies or a bigger dry well. County engineers would have to calculate the dry well capacity needed. They could (but not likely) run a huge pipe from West Beach Road, across WBRA properties, and down to the beach. Drilling a deep well is a possibility, but might not be in compliance with Shoreline Management regulations, and be quite expensive.

Jim presented a draft of a petition for the members to sign to the County Commissioners.

Anita Dragoo was assured that such a petition would not incur financial liability for the WBRA members.

Hamburg suggested adding wording to emphasize the urgency for resolution of this County problem.

A Motion was made by Hawkins and Seconded by Hamburg that the WBRA members authorize and direct the President and the Board, on behalf of all the members, to submit said modified petition to the Island County Commissioners.

Approved Unanimously.

The Board will determine the most expedient way to get each member to actually sign the revised petition.

A Motion was then made by Bill Hawkins and Seconded by Wendy Patton to authorize and direct the Board, the President, and the Officers of the Association to enter into agreements with individual WBRA members or groups of members in addressing drainage issues privately with a financial commitment of up to $1,000 maximum from the WBRA solely for the purpose of sharing the costs of drafting any easements required. That money, if needed, will be drawn from the General Checking account.

The Motion passed with 18 approving and 3 dissenting.

There was no Motion made to amend the Bylaws to expand the scope of the Association's responsibilities to its members to include drainage.

Trent Oman suggested that a neighborhood "response team" should be established to address how neighbors can physically and emotionally support each other during events such as this. This will be an excellent, community minded issue for the Board to consider.

The meeting was adjourned at 2:30 PM.

Rudy Deck, Secretary
West Beach Road Association