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Kala Point News & ViewsSerSerSerSerServing our Community with Infving our Community with Infving our Community with Infving our Community with Infving our Community with Infororororormationmationmationmationmation

Continued on next page

September 2012

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Inside this issue:

○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

The appearance of items, oradvertisement in this publicationdoes not necessarily constituteendorsement. KPNV, now in it’s10th year, is published bycommunity volunteers as a voiceexcluded from KPOA’s “official”newsletter through activeassociation censorship limitingcontent to “the party line”.

KPNV Contributors & volunteersmay elect to have their workacknowledged or they may not.Attacks on dissent and dissentersby KPOA, including attacks onKPNV advertisers, through bothofficial and unofficial voices, causemany to desire anonymity. KPNVunderstands and respects suchrequests, reserving the right todisclose or not disclose the namesof members contributing.

Please feel free to participate in anyway, from submitting articles and/or opinions to volunteering in somecapacity. Thanks and we lookforward to your input. Email us atcontact@ttpnewsletter.com.

Club House AccessibleParking: QuestionsRegarding New AccessibleParking Spaces - Page 3

Flagship Carrier USSStennis : QuickTurnaround; ExtendedDeployment - Page 5

From Michelle atEvergreen FitnessCenter: Water Wonders- Page 6

Cooks Night Out: Doc’sMarina Grill - Back Page

Kala Point Utility CompanyKala Point Utility CompanyKala Point Utility CompanyKala Point Utility CompanyKala Point Utility Company

For the second time in six years the Kala Point Utility Company,monopoly provider of water service to all 587 ERU’s (EquivalentResidential Units) at KP, has been sold. This time flipped for abouthalf-a-million dollars in profit by Sequim Water Systems EntrepreneurEric Thomas after his earlier purchase from KP Developers. Asidefrom the profit motive, Thomas is reported to have suffered an injurylimiting his day-to-day role with the family owned water systems. Atthe July 10th board meeting Utility Committee Member Bill Kaunecommented that PUD was likely to use the KP wells to serve

other areas;a certaintyactually, andlong theplan of PUDto generallysupport areagrowth usingK P U Cwater rights.

J e f f e r s o nPUD #1has voted tooffer Thomasa down pay-

ment of $587,000 plus $50,000 annually for the next 12 years, totaling$1.18 Million; not a bad return on his investment, clearly indicatingthat KPOA missed a great opportunity back in 2005-2006 when KPowners could have acquired the system from The Developer for $500Kand assumption of $130K in debt. Funding for the sale, likely to closeby year end, comes from a PUD loan through the State.

The sale includes, as likely the most valuable asset in the eyes ofThe PUD, full ownership of the utility company’s two very deep wells,

$1.18 Million;$1.18 Million;$1.18 Million;$1.18 Million;$1.18 Million; About twice wAbout twice wAbout twice wAbout twice wAbout twice whahahahahatttttThomas paid six yThomas paid six yThomas paid six yThomas paid six yThomas paid six years agoears agoears agoears agoears ago.....

KPOKPOKPOKPOKPOA BoarA BoarA BoarA BoarA Board again shod again shod again shod again shod again shows no interws no interws no interws no interws no interestestestestestas KP as KP as KP as KP as KP VVVVVital Utility Sells to PUDital Utility Sells to PUDital Utility Sells to PUDital Utility Sells to PUDital Utility Sells to PUD

Selling to PUDSelling to PUDSelling to PUDSelling to PUDSelling to PUD

Eric Thomas showing some of his water treatment investments

news & views Page 2

Continued from front page

one at 468 ft and a second at 501 ft, yielding about295 gallons per minute, along with two lesser wellsand all associated water rights. Those water rightsto some 289 acre-feet of water (94 milliongallons) annually, are utilized to less than half thatlevel to serve Kala Point residents. Whenpreviously looking at the asset value of KPUC,PUD clearly coveted that excess capacity and iscertain to interconnect the KP wells into thebroader “Quimper Water System”; likelyresulting in greatly increased pumping pressureon these existing wells. Two other KPUC wellsare generally not pumped, where some salt waterincursion has already been noted. How thiscombination of the two systems will directlyaffect KP homeowners, insofar as supply and rates,is yet to be seen, but for certain, we will loseexclusive rights to use of four wells just for KP.

Also unclear is whether PUD acquisition willresult in any improvement in fire fighting capacityor published annual hydrant testing. Fire fightingsupply and reserves have long been questionedby KP residents with just 419K gallons ofearthquake vulnerable tank storage reserve (nowto be combined with Quimper) and pumpreplenishment capacity of less than 300GPM, thesystem as exists today cannot meet currentstandards for multiple fire pumperdemand (admitted by Eric Thomas lastsummer) and will not sustain firefighting operations in the event of ageneralized wildfire in our woodedcommunity with multiple hydrantsand hundreds of home garden hosesin use.

The utility company and the firedistrict have long disputed who isresponsible to annually fully test allhydrants, and no record has beenpublished in the water utility annualreport showing full testing, despite

KPUC promises to do so. Homes in KP have beenlost to fire where hydrants did not operate. Seearticle at: www.ttpnewsletter.com/Newsletters/11-Oct.pdf

The First perma-nent settlement in thestate was Tumwater.

The Lunar Rover,the vehicle used by as-tronauts on the moonwas made by Boeingbased in Seattle.

Captain GeorgeVancouver discovered Puget Sound in 1792.

In 1979, the square dance was designated asthe official Washington state dance.

Hells Canyon is the deepest gorge in NorthAmerica at 5,000 feet deep.

La Push is the western most town in thecontiguous United States.

The 5 mile long Emmon glacier on MountRainier is the longest in the continental UnitedStates.

Washington state fun facts

news & views Page 3

clubclubclubclubclub house house house house house

Questions ReQuestions ReQuestions ReQuestions ReQuestions Regargargargargardingdingdingdingding

The recent expansion of the club house parkinglot included providing two new accessibleparking spaces. This increase can be justified bythe relative aging of the Kala Point community butwas there any determination made regardingcurrent and projected needs by means of asurvey or study? Was the cost commensuratewith the need? The cost of those two parkingspaces has not been shared with the Members.Providing for the needs of people with disabilitiesis not only important but required by theWashington State Building Code WAC 51-40.1107.But do the additional parking spaces conform tothat Building Code. There has been somemention of perhaps problems with the design andconstruction of the accessible parking spaces.

A perusal of Code WAC 51-40 discloses severalpotential problems. Washington State requires aminimum of one accessible space for each 25parking spaces. That requirement is being morethan met. The code also establishes requirementsfor the design of each space. The parking spacesshall not be less than 96 inches in width and shallhave an adjacent access aisle not less than 60 incheswide. Van accessible parking spaces shall have an

adjacent access aisle not less than 96 inches wide.Where two adjacent spaces are provided theaccess aisle may be shared between the two spaces.Boundaries of access aisles shall be marked so thatthe aisles will not be used as parking space.

There appears to be sufficient room toaccommodate two spaces and perhaps evendesignate and accommodate a van space. But thepavement markings are not as specified in theCode. Why not?

Of primary concern is the slope of the accessibleparking spaces. Code 51-40 specifies that the slopeshall not exceed 1 vertical in 48 horizontal, a slopeof approximately 2%. According to the minutesof the regular Board meeting of 12 June 2012,ADA Engineering refunded Kala Point $ 627.90for the inaccuracies associated with the 2% gradefor the handicap parking area. Does the slope ofthe spaces now conform to the Staterequirement? Designating a space as accessibleparking which does not conform to requirementscan result in injury and Association liability. Itappears that there is a pronounced slope toone of the spaces.

This article should not be construed to be againstproviding for the needs for the disabled.My vehicles bear disabled license plates or tagsfor good cause. This article just addresses theneed for proper planning, cost estimating, designand construction of KPOA capital assets whichseems to be a recurring issue of which theparking lot expansion is an example. The Boardhas a fiduciary responsibility to use the Member’sfunds prudently which starts with detailedconsideration of all aspects of an expenditurebefore making that expenditure. - Jay Burcham

accessible parkingaccessible parkingaccessible parkingaccessible parkingaccessible parking

NeNeNeNeNew w w w w AccessibAccessibAccessibAccessibAccessible Ple Ple Ple Ple Parking Spacesarking Spacesarking Spacesarking Spacesarking Spaces

news & views Page 4

Flagship Carrier USS StennisFlagship Carrier USS StennisFlagship Carrier USS StennisFlagship Carrier USS StennisFlagship Carrier USS Stennis

Quick Quick Quick Quick Quick TTTTTurnarurnarurnarurnarurnaround;ound;ound;ound;ound;

The Bremerton-based Nimitz-Class US Air-craft Carrier USS John C. Stennis (CVN74—aka “Johnny Reb”) steamed to blue water just offPort Townsend late Monday, August 27th at the startof an extended eight-month tour in harm’s wayclose to Iran. Having turned around rapidly fromrefitting, and taking on various ordinance at Hood

Canal facilities and later at Indian Island, thisflagship of the Stennis Carrier Battle Group willmeet up with its destroyer, cruiser and supportescorts, air wings and supply ships to form a keyelement of the US naval presence maintainingguaranteed passage through the Straits of Hormuz,an essential oil route.

The Stennis returns to the gulf despite agrave warning “not to return to Persia”

voiced 3 January2012 by IranianGeneral AtaollahSalehi, (right) ,Supreme Com-mander of IranianForces, said to be thearchitect of variousasymmetric navalanti-ship tactics, such as “small boat swarming”and speedboat deployment of short rangesupersonic anti-ship missiles of North Koreandesign, modeled after the French Exocet, famous

for British losses inthe Falklands.

In addition to thethirty-five-hundred plussailors and naval attack,surveillance, rescue, seacombat and other aviators ofevery description aboard,many with home addresseshere on the Peninsula;joining up as The Stennismakes thirty knots on the waytoward Bahrain, will beanother group of highlyspecialized local area folksfrom Whidbey. An EA-6BProwler Electronic Warfareteam, VAQ-133, “TheWizards”—radio call sign“Magic”. Flying the aging but

fully modernized 4-seat Prowler, VAQ-133 is oneof only three remaining expeditionary EA-6BProwler electronic jamming squadrons in the U.S.Navy; a mission vital to the location, suppressionand elimination of radar targeting facilitiescentral to the Iranian defensive and offensiveinstallations modeled closely after Soviet-Eraplatforms. With the Wizards deployed, residentsof Whidbey Island may note fewer widespreadepisodes of garage door openers “gone berserk”.

Heads to Middle EastHeads to Middle EastHeads to Middle EastHeads to Middle EastHeads to Middle East

Extended DeploExtended DeploExtended DeploExtended DeploExtended Deploymentymentymentymentyment

Photo courtesy of Kala Point resident Doug Lee

news & views Page 5

Continued on next page

We’ve had a pretty niceAugust weather wise, andSeptember is supposedto continue to be warm& beautiful. This month Ifelt the urge to repeat

part of an article that I think bears repeating: theimportance of drinking water. With the daysbeing warmer, but not scorching hot, we don’t oftenfeel thirstier even though with the increasedtemperatures, we still have an increased need todrink even more water.

Our bodies are made up of about 70%water. We have TRILLIONS of cells that make upour bodies and they all need water to function. Ifyou asked someone what was the most vitalelement needed for survival, most would sayoxygen, food or water. Oxygen however, relieson water, and our foods all have water in themwhich is necessary for digestions and elimination.Elimination is dependent on water to move wastethrough the body & out the ‘other end’.The #1 cause of headaches in children is due todehydration.

I have a friend whose father was admitted to thehospital recently. Normally healthy, he suddenlywas exhibiting signs of dementia and thinking hewas back in the 1940’s…he was severelydehydrated and quickly after given fluids, hereturned to his normal mental state.

I am a big promoter of drinking plenty of water,but also down on bottled water. I live in the countyso I have great well water and make alkaline(Kangen) water which hydrates and hasanti-oxidant properties. Because I am a bigpromoter of good drinking water, I had decidedthe last several months to ask people about their

From Michelle at EvergreenFrom Michelle at EvergreenFrom Michelle at EvergreenFrom Michelle at EvergreenFrom Michelle at EvergreenFitness Center:Fitness Center:Fitness Center:Fitness Center:Fitness Center:

drinking water habits and quite honestly, I amshocked! So many people do not drink water. Let’sthink about this for a minute; I will give you thescenario I find has a good mental picture that goeswith it. Now remember we are at least 70%water (or I should say, should be!).

So you have a fish tank, let’s make it simple and putgoldfish in there. So you have 3 or 4 goldfishswimming around…what do they do in there? Eatyes; we sprinkle some food on the top of the watereach morning. Then what; they get their oxygenfrom the water right? What next? They get rid ofthe food. Where do they get rid of it? Yep, in thewater. So what do you have to do to keep themhealthy? Change out the water or they die muchsooner than later.

Your body needs water to clean itself out too.If we have in us the equivalent to about 6-7gallons of water in us, we should be renewing iton a regular basis too. Not coffee, not soda pop(now there’s one of my big irritants!!) notGatorade, not orange juice (but O.J. at least haswater in it without negating the effects it has onthe body like the others do.) All of us should bedrinking at least ½ oz per pound of body weightper day of just water. If you weigh in at 150 pounds,you should be drinking at least 75 ounces of wa-ter per day; or about 2 -1/2 quarts per day MINI-MUM; more if you drink much coffee or exerciseregularly, or are on a medication/supplement thatstates it is a diuretic. What are the reason I hearthat people do not drink enough water? Theseare some of the common answers I hear:

1. I don’t drink water

2. I don’t like water/ I don’t like the taste ofwater

3. I drink a couple glasses a day/ I can notimagine drinking that much water

4. I prefer juice.

WWWWWaaaaater Wter Wter Wter Wter Wondersondersondersondersonders

news & views Page 6

5. When I lived in a warmer climate I gotthirsty; here I just don’t.

6. I pretty much drink soda pop to get myfluids.

I believe for the most part, individuals are just notunderstanding how important water is to ourhealth and emotional/physical state. My responseto the above statements initially would be:

1. Why? you are 70% water; give yourself acleansing…drink water

2. HUGE hint here; water should not havetaste. Unfortunately, the ‘taste’ often comesfrom chlorine and other additives that arerequired by the FDA to make our drinkingwater ‘safe’. Oh yeah, I feel a lot betterdrinking chlorine….NOT

3. Just try drinking a little bit more and see ifyou do not feel better

4. 100% juice is nice, but will not replace allof our bodies need for just water. And a lotof the ‘juice’ we drink is only 10-30% realjuice and has sugars added.

5. That was called ‘dehydration’ not thirst; lis-ten to your body; it’s still asking for water.

6. Carbonated beverages wreak havoc on ourbodies and are highly acidic…that could bean article all on its own!

Some reasons to sip H2O include:

• Healthy blood and bones. Your blood isover 80 percent water and your bones over50 percent water. Proper hydration is re-quired to optimize creation of new bloodand bone cells.

• Toxin elimination. Skip the fancy (andcostly) detox plans: Plain water naturallyhelps remove toxins through the lymphaticsystem, intestines and kidneys.

• Lubricated joints. Water helps protectagainst wear and tear and can even helpreduce joint pain.

• Proper digestion. Water helps preventconstipation by adding bulk to stools andfluid to the colon.

• Alertness. Even minor dehydration canlead to headaches, irritability, impaired con-centration and fatigue. The human brainis 85 percent water; keeping it hydratedis essential for proper functioning.

• Healthy skin. Water hydrates from theinside out, helping to maintain elasticity ofthe skin.

Good drinking water is vital to good health. If youwould like to know more about this, please con-tact me and I would like to share more with youin the topic.

If I can be of any assistance, email me atevergreenfitness@qwestoffice.net, visit ourwebsite at www.evergreenfitness.net, or call 360-385-3036 or 360-302-1132

Evergreen Fitness Center…we’re JUST aroundthe corner! -Michelle WestMichelle WestMichelle WestMichelle WestMichelle West

Continued from previous page

Artfully roasted in one of the finest smallroasters built in America, this coffee is offeredto you with great pride and commitment to thiscraft. Your own online order can be blendedexactly to your taste and repeated each timewe roast a batch for you.

Visit us at www.bluespiritscoffee.com.

Blue SpiritsCoffee Roast-ing

Business & Service DirectoryBusiness & Service DirectoryBusiness & Service DirectoryBusiness & Service DirectoryBusiness & Service Directory

Continued on next pageCandidates Night

Advertising Disclaimer The printing of an article, classified or display advertisingdoes not necessarily constitute endorsement by Kala

Point News & Views staff. Ad space is limited andacceptance is dependent upon availability of space.

Professional Roofing, Cleaning & Repair :C & M Roofing has worked for builders & residents in KalaPoint for years. For reroofing, roofing repairs or cleaningof any type of roof, call Mike Perillo, 437-7935.

Fade, Glare, Privacy & Heat Solution- 3M Window/Skylight film blocks UV rays to protect your furnishings.Keep your drapes open and let the sun shine in!Call Window Scapes Inc. 385-3810

Scampi & Halibut’s Seafood Grill - Satisfy yourseafood craving. Over 70 delicious items to choose from.Beer & wine. Get hooked daily. Catch us in Port Hadlock,just for the halibut! 385-0161.

Furniture Upholstery, Fabrics, Foam and ThrowPillows! Spruce up your rooms before the houseguestsarrive. Vintage furniture a specialty. Call Anne at A LittleUpholstery, 385-1556.

What Lurks Under Your Home? Moisture problems?Wet crawl space? Make your home healthier, warmer,cleaner. For a free estimate or more information call“Clean Space Northwest,” 1-877-698-0260.Cont. Lic. #IronwbI097kb.

Yards Express: Landscape Maintenance, etc. We providemowing, edging, pruning, weed control, and leaf & debriscleanup on and as needed or weekly basis. We can meetall your landscape maintenance needs. Call Tony Estrada-360-531-3904 cell or 360-732-4919 office.

Mail Plus- All your Shipping & Packaging needs! w/UPS, DHL, FedEx. Notary, custom T-shirts, passportphotos, pet tags, copies, biz cards, laminating/binding, ban-ners, friendly service! Across from QFC in Castle Hill Ctr.Why drive all the way to the Post Office? 379-1156

We Buy or Consign Firearms From Estates, etc-Bear Arms is a full service arms dealer. We buy, sell ortrade arms plus ammo, accessories, sporting goods, & mili-tary items. In Kivley Ctr, Pt. Hadlock. 385-7658.

The Village Barber- “...Because life’s too short for abad haircut!” 741 Ness’ Corner Rd, Port Hadlock. BradGarrison Gray & Mike Clark. Tues thru Fri-9-5, Sat-9-4.Call 385-6865.

Professional Chimney Cleaning & Inspections - Nomess cleaning, lowest fee around, fast & friendly, inserts,pellet stoves, woodstoves, minor repairs, chimney caps,chimney accessories. Call John, 360-769-2344 or emailjev@aol.com.

Castle Key Seafood and Steakhouse- Located in thehistoric Manresa Castle, with an exciting menu featuringfresh local seafood & all natural steaks. Experience greatfood, atmosphere, and service. On Saturday nights theCastle Key features great Live Jazz shows. 379-1990.

SIR J. SERVICES - Home & Yard Care; Maintenance,Repairs & Improvements. From taking downChristmas lights to remodeling, you can count on Sir J.Sir J. Services is your personal choice!sirj.9419595@live.com or call 206-941-9595

House Cleaning- Satisfaction Guaranteed. ReasonableRates. References upon request. Rubi Duran- 301-0048.

Page 7

WelcomingStaff • Kala Point Joining Special

• Senior Classes & Discount• NO enrollment fee!

• Sterling Medicare Plan• FREE CLASSES• FREE Trial Membership

We’re your neighbor! 385-3036www.evergreenfitness.net

Your Full Service Fitness Center

Make it look new again! Free Estimates

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Driveways, Sidewalks, Decks & more360-531-4821

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KALA POINT RESIDENTS

STORAGE & MINI SHOPS (12 X 15)

63 Julian Street, PT, WA

BlueSpiritsCoffeeRoasting

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PRSRT STDUS Postage PaidSilverdale WAPermit No 111

Kala Point News & Views

Serving Kala Point since 2002

For Article or Ad Submissions email: contact@ttpnewsletter.comK I N Publications

P.O. Box 816, Port Hadlock, WA 9833o

Visit our web site: www.ttpnewsletter.com

Doc’Doc’Doc’Doc’Doc’s Marina Grills Marina Grills Marina Grills Marina Grills Marina Grill

Cooks

There is a new restaurant in townwhere T’s used to be down bythe Point Hudson Marina. Theybuy their beef from Misty Isle

Farms on Vashon Island, have fresh Northwestseafood, and a menu that ranges from burgers to filetmignon. It all started in a historic waterfrontbuilding on Bainbridge Island where owner andproprietor Tom Aydelotte opened the first Doc’sMarina Grill in 2003. Lucky for us, we have one nowin Port Townsend!

There is a very large open air deck on the back if youwould like to site outside. If not, inside thereis a water view from almost every seat.

Unfortunately, on one side, there are RVs parkedwhich can partially block the view. Therestaurant serves 80 people inside and another 74on the deck. Aydelotte would like to cover thedeck so people could still sit outside and enjoy theview when it rains.

We went with a group of eight. Tempura prawns andfries were enough for two! The clam chowder alongwith lobster mac and cheese were great! We alsohad a the Dabob Bay Oyster Basket with smalloysters that were excellent as was the house madecole slaw. The Cod basket was generous and theCeasar salad was tasty. It is a great place to relax andhave fun from 11 a.m. to 11 p.m. every day.

Doc’s Marina Grill - Port Townsend141 Hudson StreetPort Townsend, WA 98368(360) 344-3627

Night Out

contact@ttpnewsletter.com

To receiveyour

newsletterby emailjust let

us know:

news & views Insert Page 1

resolutions: a lost member rightresolutions: a lost member rightresolutions: a lost member rightresolutions: a lost member rightresolutions: a lost member rightMember submitted rMember submitted rMember submitted rMember submitted rMember submitted resolutions noesolutions noesolutions noesolutions noesolutions now rw rw rw rw requirequirequirequirequire Boare Boare Boare Boare Board apprd apprd apprd apprd approoooovvvvvalalalalal

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Both of the primary governing documents ofthe Kala Point Owners Association, (KPOA), theMaster Declaration Covenants, Conditions andRestrictions, (CC&R’s) and the By-Laws provide fortheir change by amendment. In the case of theCC&R’s an amendment is initiated by a resolutionproposed for a vote of the KPOA Members, by aMember or the Board of Directors, (Board), at aregular or special meeting. Approval of a CC&R’samendment requires the approval of two-thirds ofthe Members voting at a duly called membershipmeeting which has a quorum of 50% of the “NetTotal votes”. Amendment of the By-Laws isaccomplished by a majority vote of the KPOA Boardof Directors followed by the approval of themajority of the Members at a duly calledmembership meeting which has a quorum of 20% ofthe “Net Total votes”. Amendment of the CC&R’s isdifficult as it should be since it is the primarygoverning document. Amendment of the By-Lawsis less demanding since changes imposed must notconflict with the CC&R’s.Prior to calendar year 2011 any Member, withthe concurrence of one other Member, couldsubmit a Resolution to amend the CC&R’s directlyto the Members for their vote at a duly calledregular or special membership meeting. TheAssociation’s role in the process was limited to thenecessary administrative functions required to placethe resolution on the ballot in accordance withschedule, content and format requirementsestablished by the Board. Both the submitter andthe Association were afforded an opportunity toprovide statements concerning the resolution as partof the ballot information. The resolution processbefore 2011 enabled individual Members toidentify a perceived need for an amendment,officially inform all of the Members and allow themto vote on the proposed change.Effective with the calendar year 2011 regularmembership meeting, the Board, under theleadership of former Chairman Schulte, gave

themselves the authority to approve or disapproveresolutions before they could be presented to theMembers for a vote. If the resolution did not havethe approval of the Board it could not be submittedto the Members for a vote. A resolution had tohave the documented support of at least 30Members, an onerous requirement in a communitywhere few Members are willing to be identified asthe “bad guys” just because they have the audacityto suggest change not initiated by the Board. Toooften Members challenging the Board’s managementof the Association have been labeled as divisive andinsurgents. The excuse given for curtailing theMember’s resolution right was essentially that thecosts were too great in terms of administrative costs,legal fees and volunteer’s time. No Membersubmitted resolution would be placed on the ballotunless the Board agreed with it. The Board tookfrom the Members the resolution process. TheBoard supposedly received legal council that theirassumption of a Member right was legal but despiterepeated requests the Association has refused todisclose the content of the communication fromthe KPOA Attorney. What did the KPOA Attorneyreally say? The attempt by the Board to effectivelyremove the resolution process as an unrestrainedMember right has been successful. No Memberoriginated resolutions have been submitted sincethe 2011 regular membership meeting.Congratulations Board, sorry Members!During a workshop held by the Board to dis-cuss the resolutions submitted for the 2011regular membership meeting it became apparentthat the main concerns of the Board was theproposed shifting of some assumed or poorlydefined powers of the Board to the Members as awhole or the effect on the Board’s management ofthe Association.Provisions for amendments to governingdocuments are provided for in recognition thatno document is perfect and also that governing

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philosophies and requirements change with time.Nine resolutions were proposed in conjunctionwith the 2011 regular membership meeting, anunusual need for changes. But several issues in2010 and 2011 demonstrated deficiencies in theCC&R’s from the perspective of the interests ofthe overall membership of KPOA. They ranged inscope from issues associated with management ofthe bluff which constitutes the eastern perimeterof the Kala Point development to the approval offinancial expenditures by the Members and thereduction of Association intrusion into the affairsof the Members.The 2011 resolutions will be reviewed insubsequent articles but as an example one ofthose resolutions is presented in this articlebecause of its potentially immediate impact on allMembers’ financial responsibilities.Resolution 4: Management of Water Runoff ontoBluff Common Areas from Owner’s Lots.

To amend the Master Declaration, ArticleIV-Property Rights, A. Common Areas byadding new Section 9. Bluff CommonAreas Storm Water Management. Own-ers of lots adjacent to the bluff common areasshall be responsible for the management ofstorm water and other water runoff from theirlots onto the bluff. Said owners shall maintainsurface water management, such as but notnecessarily by tightlines, such as but notlimited to roof and driveways flows, on theirlots. The water management shall be inspectedannually by the Association with the expenseof the inspection borne by the said owners ifthe Board levies a Special Assessment.

Why was this resolution important in 2010and is still important today? During theprocess of requesting tree actions on the northernsector of the bluff it was noted that proper waterrunoff management from several of the developedlots adjacent to the crest of the bluff had either notbeen implemented or had not been maintained. TheTree Removal and Trimming Permit issued byJefferson County stated specifically that “under no

circumstances should surface water be dischargedat the crest from upland drainage sources (roof/driveway flows, draining of hot tubs, etc)”. Also, “avegetative buffer of 30 feet shall be permanentlymaintained from the top or edge of the LandslideHazard Area”. There continue to be instances whereproper water management has not beenimplemented. The resolution would have integratedthe responsibility for implementation and theresponsibility for inspection to better ensure thecontinued stability of the bluff. One delinquentowner could cause failure of the bluff througherosion and consequent damage to adjacent homesand personal injuries. Do the Members want to befinancially responsible in the event of bluff failurebecause of the liable negligence of the Association,as stewards of the bluff, in not enforcing adequatewater management?The resolution also fixed the responsibilityfor water management compliance with theowners of the lots adjacent to the bluff. This wasconsidered important because of the sentimentexpressed by former President Schulte, some BoardDirectors and others that water management wouldbe too much of a financial burden for individualowners and the costs should be borne by theAssociation. These same sentiments have again beenexpressed recently. It was the development of thebluff adjacent lots, to enjoy an unimpeded marineview, which created the conditions requiring watermanagement. Do the members in general, forinstance those with lots on the forested plateau,want to help finance bluff water management forowners who built on the edge of the bluff?Resolution 4 would have established financial andimplementation responsibilities for bluff sideowners, shielded the Members as a whole fromunfair financial obligations and imposed on the Board,as bluff stewards, the task of ensuring compliancewith County requirements with respect to watermanagement. Why is it that the Board wouldnot permit this resolution to be voted on bythe Members?- CC&R’s ADVOCACY COALITION, (CAC)