To the editor:

I was very surprised to read my neighbor Robert Helsell’s negative comments about me and my wife in his letter published in the Feb. 6 issue of the South Whidbey Record.

He mistakenly believes that we have polarized the Sunlight Beach neighborhood. In fact, Citizens in Support of Useless Bay Community has unified the neighborhood, with more than 100 members having shared concerns about preserving wetlands, wildlife ecology and achieving an equitable form of taxation.

Mr. Helsell wants to pay his share of the pump project “(based on relative valuation) of the costs.” I am not certain what he means, but Washington state law is quite specific. Special tax districts such as Diking District 1 are entitled to levy benefit assessments based on benefit provided. This is very different from the “ad valorem” tax that is being used and which is based on the fair market value of property.

I would encourage Mr. Helsell to request a copy of the legal opinion provided by Diking District 1 attorney Scott Ellerby in his

April 18, 2008 letter to Diking District 1 addressing the taxation issue.

Unfortunately, Commissioners Gabelein and Arnold are unlikely to release this letter, claiming it to be privileged attorney-client correspondence.

My response would be that the taxpayers of Diking District 1 are the true clients, and Mr. Ellerby is their lawyer, since they pay the bills. Diking District 1 has the right to release this letter by voting to do so. Almost certainly, I will be out-voted 2-to-1 and secrecy will be maintained.

Mr. Helsell, I can understand your loyalty and support of old friends, but given new information, I would encourage you to remain open to making new friends. I would like to be your friend, and together we can enjoy Sunlight Beach, preserve the wetlands and achieve fair taxation.

John Shepard

Clinton