Council of Neighborhood Associations

June 2019

 BY DAVE MARTY

June 10th 2019, CNA Meeting

AGENDA (effective 03JUN2019)

  • 6:30 – 6:35PM Welcome and Introductions
  • 6:35 – 6:40PM Review Amend/Approve Minutes
  • 6:40 – 6:50PM Update from Councilmember Gilman
  • 6:50 – 7:10PM HOA processes for adopting and amending covenants and standing vis a vis Missing Middle Housing code changes
  • 7:10 – 7:25PM Dog Parks, Spraygrounds, and Other OPARD News
  • 7:25 – 7:45PM Neighborhood Matching Grant Awards 2019
  • 7:45 – 8:10PM CNA – Building Community through Strength
  • 8:10 – 8:20PM Fall 2019 East and West City Council Candidate Forums
  • 8:20 – 8:25PM Agenda Items for July (Requested additions: Homelessness Response Planning and CNA, Walkability and Neighborhood Traffic, Residential Recycling)
  • 8:30PM Adjourn

Council of Neighborhood Associations (CNA), Minutes

Date:        Monday, June 10, 2019   Time: 6:30 PM

Location: Olympia City Hall, 601 4th Ave, Room 207, Olympia WA

Present:  Officers: Chair, Denise Pantelis, Cain Road Area. Co-secretary, Marty Worcester, Redwood Estates. Members: Clydia Cuykendall, Ward Lake Heights. Jim Sweeny, ENA. Bob Jacobs, Governor Stevens. Jackie Stone Wildwood. Don Law, East Bay Drive; Jacque Ellis, Castlewood. Judy Bardin, Northwest Olympia. Koshare Eagle, Indian Creek. Larry Dzieza, Notingham, Mark Toy, South West Olympia, Melissa Allen, BHNA.  Roger Horn, Eastside NA,, Stephanie Malham (on the phone), Northeast. Mike Gowrylow, Lakemoor Community Club. Max Gordon, Downtown. Walt Jorgensen

Representatives and Guests: Leonard Bauer, Deputy Director Community Planning & Development. Mark Russell, Deputy Director, City of Olympia Public Works. Trevor Zandell, Attorney at Law, Phillips Burgess PLLCC Lawfirm (Presented on Covenants). Laura Keehan, Parks Planning & Design Manager. Stephen Byers

The Meeting Convened at 6:30 PM by Chair, Denise Pantelis. Members, City officials, and guests introduced themselves. 

1.  Agenda: The Agenda was reviewed and accepted

2.  Minutes: Minutes of the May 13, 2019 meeting were approved as submitted.

3.  Home Owner Associations (HOA) Processes for Adopting and Amending Covenants – Trevor Zandell, Attorney at Law Phillips Burgess Law Firm

a.  Trevor’s stated that his practice emphasizes real property litigation. The Phillips Burgess firm, practices in the area of real property, land use, and environmental law.

b.  General Rules:

i. Municipal codes and HOA are different. What allowable under one may not be consistent with city, state or federal rules. 

ii. Covenants can be enforced under state law, but if the covenant is vague it presents problems when trying to be enforced.

iii. It is very difficult to change covenants once they are adopted. They may not be changed without the unanimous consent of all property owners which is difficult to get. However, if – there is a statement in the covenant that they have the power to amend if it is reasonable and consistent with general development, then vague aspects of the covenants may be clarified Still it is challenging to change even if it says in the covenant that you can change. Most covenants do not include such a statement so all property owners must all agree to any change.

iv. The Washington Uniform Common Interest Ownership Act (WUCIOA) is currently part of state law, but it typically only applies to “common interest communities” that were created on or after July 1, 2018. A community may opt into the WUCIOA by presenting a resolution to do just that to its membership. At least 30% of the members must vote on the resolution, and then at least 67% who vote on that resolution must vote in favor of the resolution for it to be adopted. Thereafter, the association may establish a voting threshold for approving amendments to the covenants, which threshold may be as low as 67% and as high as 90%.

      • Thus under this new act, old HOA covenants can be changed more easily than in the past because prior laws required unanimous consent.  

v. State law can over-ride HOA covenants at times e.g. the HOA must have a single-family home defined. If not the Missing Middle codes may challenge the HOA if someone wants to make more money of the lot they own.

vi. If the HOA has not been enforcing its covenants, it does not mean that the codes cannot still be enforced (law of waiver), but if have not been enforcing codes for a long period of time, then covenants more open to being challenged. There are lots of ifs when taken to the courts.

vii. HOA can adopt rules and regulations related to the covenants such as a fine schedule for lack of compliance, without unanimous consent.

viii. Legal Consultations fees are currently at $325/hour. Charges depend on size of project beyond the one-hour consultation.

ix. The city, state and HOA are not co-equals. But generally the laws of the state and city, and the HOA’s covenants all apply to properties within an HOA, and all such laws and covenants must be complied with.

x. The city has power to redefine its zoning and can over-ride the HOA. But the city does not like to be sued so it is not very likely that they will take on a HOA.

xi. Any building on a property by a home owner must have approval of HOA when they HOA resides there, but if home owner wants to sell a part of his property to a developer or all then it is more a case by case issue and HOA may need legal consult to prevent.

4.  Parks and Recreation Plans, Laura Keehan, Parks Planning & Design Manager Report:

a.  The ice rink is a result of a study and report on how many visited the first ice rink – 20,000 visited it within the first 6 weeks it was open.

b.  Laura is a part of a group of five looking at the Community Vision for land Acquisition as part of the master plan for the city. It is tied to the City Action plan Action Plan & Performance Report She handed out the Parks and Recreation Year in Review 2018 to the group. More can be found about Parks and Recreation on their web site

c.  Pump Track. Pump tracks are part of city recreational planning. A pump track is a continuous loop of bumps and banked turns that you ride not by pedaling, but by “pumping.” From mountain bikes to bmx’s, kids bikes, scooters and skateboards, a pump track is a playground for all ages and abilities. The newest one opened is at Isthmus Park.

d.  Park Improvements reported on were new turf for Stephenns Field #1, and Margaret McKenny Park

e.  A significant grant from the state for parks has been obtained for developing their Recreation and Parks website.

f.  Subscribe to the Parks and Recreation Newsletter to keep up to date

g.  To keep up with 2019 Construction Projects   by using this hyperlink.

5.  Neighborhood Matching Grant Awards 2019 by Leonard Bauer:

a.  A summary of 2019 grants was shared. Contracts for all grants have been completed and the projects are underway.  Projects must be completed by end of year once awarded. Leonard invited those who have received grants to take photos of projects and report data. This will help for obtaining future money for grants as well as to use on the web site to encourage other neighborhoods to apply. This year all but one grant requested was awarded and there was money left over. The one not granted did not fit the requirements for the award.

b.  Notices for the 2020 Grant Applications will be out in early January with deadlines in March to get them in. Neighborhoods must be recognized neighborhoods to apply. CNA members can apply as a group of associations or individually.

6.  Building Community through Strength, Stephen Byers from Helping Human Systems. (Stephen is an organization and leadership consultant who works with teams and community groups to help them communicate more effectively. He was asked by the leadership of the CNA to provide training that will help both the CNA and the associations work together better. The training will emphasize self-awareness in communication, inquiry skills, and conflict engagement. This training is funded by a grant from the city of Olympia.)

  1. a.  Stephen Byers is working with our CNA to train us in ways to strengthen our CNA. The August CNA entire meeting will be the first training, followed by a longer Saturday training open to all association members. The date for the second training session has not been determined.

  2. b.  Stephen asked, “What outcomes to the two trainings would be most helpful?”
  1. c.  Discussions of Stephen’s questions by the group.
  1. e.  Report outs of larger groups – desired outcomes:

i. How use disseminate information from CNA meetings e.g. using technology and social media
ii. How does CNA become more influential on matters of mutual importance with city?
iii. What actions can we take for leverage with the city = which persons in the city for which problem areas – committees of city council, department heads of the city or staff.
iv. We need better connections among us to identify shared goals and work with adjoining neighborhoods.
v. How to work together as a group when communicating with city for a more powerful voice
vi. Optimize volunteer ways of getting feedback, of polling neighborhoods for ways to work together.
vii. Little things that make neighborhoods more neighborly
viii. How to make a compelling invitation – to get people involved
ix. How to get more associations formed – get greater participation in CNA for both formed associations not registered and getting neighborhoods organized that do not have any organization within them of NA or HOA,
x. We need to improve follow through on what we start
xi. Finding ways to get city recognition of neighborhood status
xii. Better use of meeting time here – making the time more effective.

f. Marty Worcester will send all of the Discussion and Report Outs above to Stephen Byers to assist him in planning for the future trainings.

g. Stephen will provide a report back on our discussion at the August meeting.

7.   Neighborhood Sharing Time – everyone.

a.    East and West Site City Council Candidate Forums are planned for the Fall of 2019. Committee members are needed.

i.  Usual process for the forums have been: No questions given to candidates in advance. Questions were solicited from the neighborhoods and put in a bucket, then drawn out and read to the candidates. Over 100 questions were submitted for the East Side forum last year. There was no forum on the West side last year.

ii.  East side committee volunteers were Roger Horn, Michelle Allen. Roger will coordinate the committee meeting times. Roger will coordinate plans for the committee meetings. A possible date for the fall forum is the last Saturday in September between 9AM to 1:30 [not sure if this was for the first committee meeting or the forum]

iii.  West side committee volunteers were  Mark Toy, Ken Lake, and  Mike Growryloo. Mark Toy agreed to be the organizer for the committee.  It was suggested that the West side plan its forum after the East side forum so the West side committee can see how the forum is moderated before the West side forum is held.

8.   Update and Announcements by Clark Gilman, City Council, and Leonard Bauer, City Planning Representative: A half time Neighborhood Planner has been hired to assist with subarea planning, neighborhood matching grants, and Council of Neighborhood Association support.  She is Lydia Moorehead and will start on June 17th . She will be the primary contact for neighborhoods and will assist with the Neighborhood Grants process

a.    The Eskridge and Henderson round about bids are moving through the approval process.

b.   At City Hall this Thursday, June 13th at 5:30 the use of the parcel along BLVD road – 5:30 will be discussed. Anyone can attend.

c.    In July August the Land Use Committee will be meeting about housing issues such as where the city might have influence, how all the pieces fit together, and types  of tools the city has to influence the amount at type of housing,

d.   Homelessness Response Plan work is continuing. There will be a meeting of the unhoused people to provide more voices to weigh in on the process of long-term planning.

e.    Last Saturday there was a midyear retreat for the city council. They are working on trust with each other to have more involved and meaningful conversations, managing the meetings and ways to set up an structure meetings  that would set a tone and be more welcoming.

f.    Third Thursday Fund Event Coming up. It will be close to the Bread Peddler. All stores downtown have extended hours to attract a small scale arts walk and other attractions

9.   Agenda Items for July:

a.    Already on Agenda

i.   Forums after the training
ii.  Tax incentives for affordable
iii.  Amy Buckler – for help further response plan
iv.  Sidewalks and speeding traffic – public works person
v.   Gary Leonard about residential recycling
vi.  City Utilities water policy –
vii.  ½ hour for communication among neighborhoods.

b.   Added Request from attendees

i.  Homelessness Response Planning and CNA, Walkability and Neighborhood Traffic, Residential Recycling

10.  August meeting will be 1st training for HOA.

11.  Adjournment: The meeting was adjourned at 8:30 pm

NOTE: All underlines are links and if clicked on will take you information about those areas on the City of Olympia Website.

Minutes Submitted by Martha Worcester, Co-secretary of CNA