Blakely Island Maintenance Commission, Inc.

Minutes of July 4, 2009 BIMC Annual Membership Meeting

A meeting of the general membership of the Blakely Island Maintenance Commission was held on July 4, 2009 in Weller’s Hanger.

Board Participants:
Ellen Roth President
Jim Fergus Treasurer
Scott Burkhart Water
Anne Malmo Vice-President, Roads
Deborah Davey Fire and Waste
Absent:
Gail Light BCF Liason

With quorum reached, President Ellen Roth called the meeting to order at 9:25 a.m.  Ellen introduced two new members: Stacey Smythe, and Matt McCartney. Board members were also introduced:  Dick Demers (secretary), Anne Malmo (vice-president and roads), Scott Burkhart (water), Deborah Davey (fire and waste),  Jim Fergus (treasurer) and Ellen Roth (president).  Ellen also announced that Sally Elliman would be participating as parliamentarian.
All held a moment of silence to remember members who passed away in the last year:

Dr. Charlie Mills
Chet Henson
Pat Patterson
Bob Smythe
Ted Hubbard

Ellen reminded drivers to wait before crossing the runway at the north and south ends when a plane is approaching.  Members who donated time were also thanked for donated time, materials, and organization skills to island activities in the past year.  Specific names were on a handout that was passed out to the community.


Ellen addressed the lawsuit, Roats versus BIMC, with the following official statement:

MESSAGE TO BIMC MEMBERS DURING THE 2009  ANNUAL MEETING

  1. Gary and Pamela Roats have filed a class action lawsuit against the BIMC and the Board of Governors in San Juan County Superior Court.  The complaint concerns the validity of the BICs, the BIMC’s authority to create the BCF, the Board of Governor’s actions relating to the BCF, and the Board of Governors’ actions relating to the openness of board meetings.
  2. The Board of Governors mailed a letter to the BIMC membership that outlines more detail the nature and status of the lawsuit.  For those of you who want or need to know more  about the lawsuit, you are welcome to review any documents that have been filed in the case. The case can be found in San Juan County Superior Court at Case No. 09-2-05067-9.
  3. Because this is an ongoing lawsuit, the BIMC and Board of Governors must be cognizant of the sensitive legal issues in this case, including issues of attorney-client privilege.  Therefore, the Board will not take questions on the lawsuit at this time, but will work to keep the BIMC membership regularly and properly updated.
  1. The Board of Governors’ insurance carrier, CNA Insurance, has tendered the claim and assigned as counsel the law firm Schwabe, Williamson, and Wyatt.
  1. Should you have any questions, please submit them to the BIMC’s president, who will then forward the questions to legal counsel for response.

Ellen advised that the losing party in the lawsuit will be required to pay the legal expenses of the prevailing party. Ellen stated she would continue as the liaison with the law firm representing BIMC; all questions concerning the lawsuit should be passed on to her.

Ellen made a motion to approve a new agenda.
Nancy Chapman moved to accept the new agenda;
Ben Dole seconded the motion.
Motion carried by a unanimous voice vote.

Ellen asked that the minutes of the 2008 annual meeting be approved.
Gary Roats called a point of order that according to RCW 64.38.035 (1), BIMC Articles of Incorporation, and the BIMC By-laws that since the full funding of the road project was not  part of the earlier distributed agenda (2008 meeting), it therefore required a 2/3rds vote.
Gary Roats called a second point of order (subject to the same rules listed above) concerning the funding of the marina fuel system repair under the BCF since this item also did not appear as part of the 2008 agenda; it also  required a 2/3rds vote for approval.

Ellen acknowledged Roats’ points of order.
Ben Dole moved that the minutes be accepted.
Lisa Burkhart seconded the motion.
Minutes were approved by a voice vote.


Treasurer’s Report.Jim Fergus reported that the expenditures for the year were within the approved budget and that the details could be read in the financial report handed out to members.

OPERATING BUDGET

The meeting then moved to the discussion of the Operating Budget.

Margaret Mills moved to accept the 2009-2010 operating budget.
Wally Weller seconded the motion.
Motion carried by a unanimous voice vote

CAPITAL BUDGET.

The budget items included:

$5,000 to complete the Cross Connection Program
$198,800 to pay off ½ of our remaining road debt

No new capital items were proposed.
Barb Sullivan moved to accept the capital budget.
Ben Dole seconded the motion.
Motion carried by a unanimous voice vote.

Ellen stated that the road debt is carried by BIMC members who have purchased notes in $5,000 increments.  A drawing will be held at a later Board meeting; those whose names are drawn will be asked to cash in their promissory notes.  Each $5,000 share will be redeemed for $5,300.00 on September 1st.

FACILITIES MANAGER, COMMISSIONERS, AND UPPER ISLAND REPORTS

In order to facilitate shorter meetings a new format for reports has been established.  Instead of providing detailed overviews of the FM and Commissioners’ yearly activities, the FM and Commissioners will answer questions about their individual written reports that were provided in the annual meeting packet.

Facilities Manager.  Jim Davis announced that the reduced turbidity of the drinking water from  .3 NTU to .1 NTU (Neophelometric Turbidity Units) appears to have resulted in better tasting water.  Dan O’Brien inquired how the billing was proceeding for the remaining costs of the installation of the CCC devices and the expansion tanks.  Jim stated that he was confident that the billing from BIMC would be completed in the near future.

Water.  Scott Burkhart reminded home owners to shut off not only their water, but to winterize their plumbing during the winter season.  Last year broken pipes with flooding occurred in five residences, with a resulting water loss of 100,000 gallons.  Wally Weller offered to shut off the roadside water valves for any home that appears to be empty for the winter.

Roads. Anne Malmo notified the community that three truck loads of gravel for roadside ballast were paid for and ready to be shipped to Blakely.  We are waiting for a fare share opportunity to reduce the transportation costs.  Wally Weller reported that he has been installing stones at roadside locations to steer traffic away from the gravel edges of the roads.  He asks that members leave these stones in place.


Fire and Waste.  Deborah Davey announced that a State insurance inspector (Washington Survey & Rating Bureau) will be coming to the island to evaluate our community fire fighting capabilities.  With a good report, we may be able to have our insurance rates lowered.  She also made an urgent plea for members to volunteer at the recycle center.  The total recycling process is labor intensive because the recycled materials must be processed for transporting off the island.  There are emergency first aid materials available in tackle boxes in the breezeway of the Davey home.  The home is the first one of the left side when starting up Spencer Road to the upper island.  Donations are also welcome for a first aid fund, and new supplies have been recently purchased (e.g., support collars for suspected neck injuries). 

An AED class will be held in the Weller hanger at 10:00 on the 5th of July.  Jim Davis reported that an AED was available above his dryer at the Facility Manager’s place and in the left side compartment of the new fire truck. Phil Bridge stated that an AED was available at their home in the outside closet with the “AED” sign on the door.

Jim Davis elaborated on the insurance rating issues facing island homeowners.   He advised all homeowners to contact their insurance agencies to make sure that they have at least a 9 rating for their coverage.

Ellen thanked the people on the island who offer medical care for island residents.  Their names are listed at the beginning of the directory under “Emergency Phone Numbers.”

Upper Island.  BC Crowley began by underscoring the fire danger on the upper island.  Smoking and fires are not allowed; fireworks are absolutely forbidden.  He thanked the community for the extra expense of attaching cedar wood covering on the Styrofoam intake float of our water system, with special thanks to Scott Burkhart, and Jim Davis.

SPU.  Leroy Hubbert announced that the island deer research study is still underway and that a lecture on their findings will be given later in the summer.  The time and place will be posted later.  SPU has also been offering courses on art and ornithology on the island.  He reminded members that SPU vans are frequently transporting students and faculty on the island roads, and BIMC members should use caution in driving on the upper island.

OLD BUSINESS

Ellen stated that, at an earlier annual meeting, the community passed a resolution that letters sent to the Board were to be passed on to all BIMC members along with the minutes of Board meetings.  Ellen reminded the members that the minutes are legal documents, and items cannot be attached that are not an official part of the board meeting. 

After a short discussion, Libbet Richter moved to rescind the earlier motion that required that letters sent to the Board be distributed to all BIMC members.
Nancy Chapman seconded the motion.
Motion carried by a unanimous voice vote


Ellen requested that an amendment of the by-laws be made to allow the Board to conduct board meeting using teleconferencing. (currently, four Board members are winter residents of California and Arizona); teleconferencing is the only practical way to conduct meetings during most of the year.

The by-law to be amended reads as follows:

Article 5, Section 4.
The board shall hold a meeting immediately following the annual membership meeting on the same day, and schedule meetings throughout the year.

The proposed amendment would be added to Article 5, section 4.  After a brief discussion that included suggestions by members, the following motion was proposed:

The bylaws are to be amended so that board meetings may be held by teleconference, videoconference, or by any new type of conferencing technology as long as all members participating can hear each other at the same time, and that access to the meeting will be available to all members.

Dan Roach moved to accept the motion.
John Madden seconded the motion.
Kevin Clark requested that the motion be amended to specify that an announced location will be made available so that members can participate in all meetings.
After discussion Ed O’Neill moved to accept this amendment.
Hal Christiansen seconded the motion.
The motion for the amendment passed unanimously by voice vote.

The community then voted on the following motion:

The bylaws are to be amended so that board meetings may be held by teleconference, videoconference, or by any new type of conferencing technology so long as all members participating can hear each other at the same time, and that access to the meeting will be available to all BIMC members at a designated place.

The motion passed by a unanimous voice vote.


Anne Malmo led a discussion of road names on the BIMC plat.   Most members were comfortable with the proposed names, many of which have been used informally for years.  One controversial name was Runway Drive. Proposed alternatives included Blakely Airport Way. After a discussion

Cheryl Burkhart moved to accept the road names with the exception that Blakely Drive be used instead of Runway Drive.
Diane Howieson seconded the motion.
Additional discussion took place,
Gary Roats moved that the name East Sounder Drive be used for the spur which the Ferguses have named Upper Drive.
Diane O’Brien seconded the motion.
 
After discussion, the motion failed on a voice vote.

When the question was called for Cheryl Burkhart’s original motion, it passed on a voice vote.

The county will later assign address numbers to each residence.

Jan Bridge thanked the retiring board members Ellen Roth and Anne Malmo, and the members responded with a nice round of applause.

Jan Bridge nominated Sally Elliman and Barbara Sullivan to serve on the next Board of Governors.

Nancy Chapman moved that the new members be accepted.
Dick Shanaman seconded the motion.
The motion carried with a unanimous vote.

Ed O’Neill moved that the meeting be adjourned.
Ron Griffin seconded the motion.
Motion carried unanimously

The meeting adjourned at 10:39.

After a break, a BCF meeting took place.

Respectfully submitted,

Dick Demers
BIMC secretary