West Beach Road Association

Minutes of the Annual Meeting
December 2, 2018

The Annual Meeting of the West Beach Road Association was held at the Sno-Isle Library Community Room, Coupeville, WA 98239.

Present were Robert & Margaret Elphick, Rudy Deck (Proxies for Nunn and Hamburg), Bill VanZytveld, Wendy & Jim Patton (Proxy for McDonough), Patty Johnson, Patricia Finnigan, Bill & Belinda Hawkins, Leah & Trent Oman, Cathy & Cedric Niiro, Bob Bush, Barb Kruse (Proxy for McElroy), and Marisa Daggett. This constituted a quorum (16/23) of the WBRA members.

A Motion was made by Bill Hawkins and Seconded by Jim Patton to permit Marisa Daggett's Father, Jerry Daggett, to attend this meeting as a guest observer. - Approved unanimously

The Minutes of the 11/18/17 Annual Meeting was read by the Secretary. A Motion to approve the Minutes with 2 numerical typo corrections was made by Jim Patton and Seconded by Bob Bus- Approved unanimously.

The water system is running well and having no problems currently. Details will be provided later in this meeting by the Water Manager.

The road system is in good condition. In the spring of 2019 we will re-evaluate the condition of the WBRA portions of the gravel sections of road on American Lane, South Seacliff Lane, and Iris Lane. Winter usually causes some wear and tear.

The blacktop road is in good condition and will probably not need work for another 15 years. Our Road capitalization fund is building to have sufficient reserves to be able to perform blacktop resurfacing at that time.

The ACC and the Board of Directors continue to uphold the Covenants, Conditions, and Restrictions (CC&Rs). However, one of our members has mounted a challenge to one of the CC&Rs.

In May 2018, potential buyers, the Boydstuns, submitted a request to put horses onto one of the properties within WBRA jurisdiction. The property is at 1004 Seacliff Lane. Technically, according to the CC&Rs, the owner of the property should make such an application, but in this case, the application was considered as a courtesy to the Boystuns. A poll of the members was made in accordance with the CC&Rs and all precedents. The poll failed to reach the required three quarters approval, and so the application was rejected.

On August 16 the Board received a letter from an attorney, Will Honea, who represents Hanson Trust, owner of the property at 1004 Seacliff Lane. The letter disputed the CC&Rs and the handling of the poll, requested that the WBRA quickly remedy the Board's "errors" in favor of the Hanson Trust and then threatened litigation if the WBRA did not comply with his demands.

The Board of Directors unanimously disagreed with Mr. Honea's letter and hired an attorney, Doug Kelly, who then responded to Mr. Honea stating that the allegations in Mr Honea's letter were unfounded and that he should exercise "due diligence."

In October, M. Honea sent a second letter in which further accusations and threats were made. The letter was dated October 9th and demanded a response by October 9th.

On October 28, Mr Dean Holt, acting on behalf of the Hanson Trust, sent an email to WBRA members and others suggesting that the Board of Directors were acting outside the law. He suggested a meeting with members be called so that he could explain the Hanson Trust position. The email contained a number of unjustified and false accusations.

The Board of Directors decided to replace attorney Kelly who is retiring from practice and engaged Foster Pepper's lead attorney for land use issues, Joe Brogan. After reviewing all the documents and the CC&Rs, Mr. Brogan determined that WBRA consistently interpreted Article XV - Section 7, so Honea's argument is "inapposite". He added that our case "might well be dismissed in court" should it get that far. He then wrote to Mr. Honea on November 20th stating that position and outlining the proper course of action the Hanson Trust should follow if they wished to sell 1004 Seacliff Lane as a horse property. The owner of the property, Hanson Trust, should submit a new request for horses for the Board and Members to consider per our CC&Rs. As of this date, the Hanson Trust has not acted on this letter.

Although it has incurred some expense from the General Fund, the Board have acted to protect the Association and its CC&Rs.

Several local residents have become involved in a program known as Map Your neighborhood. WBRA is included in the local effort. It is a program that organizes a neighborhood to be prepared for a disaster. An emergency occurs when you dial 911 and get a response within minutes. A disaster occurs when you dial 911 and no-one can answer. For example, when the Cascadia fault goes off.

We have now set up several captains and everybody in WBRA should have been contacted and given some training and materials. There are captains for American Lane, Seacliff Lane, Deseret and parts of West Beach Road., If you have not yet gotten involved, please contact one of the captains or call me. This program is designed to help save your life. Please get involved.

Wendy reported all Members' 2017 dues and assessments are paid in full.
Two members still owe for their last water quarterly billing.
All outstanding bills are paid.

Note: An 11/30/18 report from Key Bank also shows $36,381.90 in the WBRA account.

Expenses for attorney's fees ($1,000) and King Water ($500) are still anticipated.

The final 2019 Budget will be developed and voted upon after all budget items are discussed during this meeting.

A detailed slide show on the status of the water system operations and finances was presented and is attached. Jim's brief can also be accessed on the water page of the WBRA website.

The cost to operate the WBRA water distribution system is slightly lower this year. There is no change recommended for the billing rate/gallon of water used by the members. The rate should be maintained at $0.0088/gallon metered.

The Water Capitalization Fund continues to grow over the year as projected. A list of each water system component, current condition, and expected use life was presented. There is no change recommended for quarterly billing assessment for this fund. The assessment should be maintained at $75/quarter, billed through King Water.

While no large recapitalization expenses are anticipated in the next 5 years, unexpected replacement needs are always a possibility and it is best we are prepared to respond.

Water conservation is most strongly recommended by the State Office of Drinking Water. Water use efficiency goals must be agreed to and established by the WBRA members. Our aquifer, surrounded by salt water, can only be replenished with rainwater.

A Motion was made by Rudy Deck and Seconded by Barbara Kruse to set goals for average water usage/household (220 gallons/day) and water lost through leakage (8% of water pumped) - Approved unanimously

Failure to meet these goals could possibly result in a graduated water use fee structure, whereby users of larger quantities of water could pay a higher fee/gallon. Jim Patton will convey the goals we have established to King Water.

Jim also highlighted the very initial conversation that the WBRA is having with our Sea West homeowners & water association neighbors to the south to possibly share water during a disaster via a hose hookup between adjoining fire hydrants.

The water storage tank and distribution lines will be cleaned by King Water in December 2018. Members will be notified to restrict water usage during that time.

Building of a residence is due to take place on American Lane on the west side of the road. This property is outside the WBRA jurisdiction. There will probably be heavy traffic along Deseret and American Lane during the building process. We are trying to talk to the owners of the property to be built to negotiate compensation for the road damage or request that they redress American Lane gravel when they have completed the building.

Note that we have recently been using a different type of gravel that includes some asphalt - this has proven to be hardier than previous gravels and we plan to continue to use it.

The gravel portion of Seacliff Lane was re-graded by Jim Nielon and coated with a new material, crushed asphalt in 2017. That material is holding up better that the crushed gravel used in the past. American Way received similar treatments in the Spring of 2018.

Attempts are being made by Rudy Deck to contact the non-WBRA owners of property on American Lane where a new home will be built to assure they will be responsible for and damage to WBRA roads incurred during construction.

There is one ongoing request for work at 2546 Deseret Dr. It will be completed by years end.

The website continues to be supported at www.whidbey.com/wbra. A portion of the website is for members only and requires a password to enter it. If any one needs help in gaining access, please contact Robert directly.

Members must keep their WBRA contact information (email address, mailing address, and phone numbers) current with the Secretary (CC&Rs Article III, Section 3), who will forward this information to the webmaster.

A Motion was made by Bill Hawkins and Seconded by Bob Bush to renew the Annual Dues at $100/year, payable by 1/31/19. - Approved unanimously.

A Motion was made by Bill Hawkins and Seconded by Bob Bush to maintain the water rate at $0.0088/gallon effective 1/1/19, with the ongoing rate billing on 3/31/19. - Approved unanimously.

A Motion was made by Belinda Hawkins and Seconded by Bill VanZytveld to maintain the Water Capitalization Fund assessment at $75/quarter with the ongoing rate billing on 12/31/18 and continuing quarterly through 2019. - Approved unanimously.

The ongoing $150/year Road Fund Assessment covering both paved and gravel roads maintenance payable by January 31 of each year starting in 2017 was not changed

A Motion was made by Bill Hawkins and seconded by Bob Bush to approve the revised 2019 budget. See attached. Approved unanimously

The 2018 budget reflecting the outcomes in this meeting is also available from the Treasurer.

A Motion was made by Rudy Deck and Seconded by Jim Patton for the elections of all offices below:

President	Robert Elphick
Vice President	Trent Oman
Vice President	Trent Oman
Secretary	Rudy Deck
Treasurer	Wendy Patton
Director at large	Cathy Niiro
Architectural Committee	Patricia Finnegan, and Bob Bush

A Motion to adjourn the meeting at 1:45 PM was made by Bill Hawkins and Seconded by Bob Bush. - Approved unanimously

West Beach Road Association

Minutes of the Annual MeetingDecember 2, 2018

Minutes of the Annual Meeting
December 2, 2018