August 29, 2007
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Call to Order: The meeting was called to order at 5:07pm by JoAnne Backman, President.
Members Present: ÊJoAnne Backman, President; Frank Annin, Vice President; Dale Watson, Vivienne Houghton, Robin Wright, Bob Rainie and Dennis Higgins.
Suzanne Mayhew, General Manager, was also present.
ÊGuests: No guests attended.
ÊSwearing in of New Director:Ê JoAnne Backman administered the oath of office to Dennis Higgins, the new Director for District 6.
Joanne Backman passed out a folder with the following documents:
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RFP:ÊÊÊÊÊÊÊÊÊÊÊ Bob Rainie asked JoAnne about the difference between the original and emailed copies of the retainer letter. Joanne noted that the differences were mainly in the cover letterÕs first paragraph where Thomason says thank you for selecting his firm to represent HPPOA. Bob Rainie pointed out that the retainer does not specify that Thomason will be asked to look at the conflict of interest issue and if the RFP does not allow for competitive bidding. Dale Watson noted that he was not happy with the RFP since it does not provide a complete description of what we want in the construction. Frank Annin raised a Point of Order that we needed to stay on the subject of the retainer agreement. JoAnne agreed that we need to have the RFP complete before sending it for review and asked if we agreed to send the RFP after it is complete.
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Paving Committee:ÊÊÊÊÊÊÊÊÊÊÊ The Paving Committee (PC) is responsible for completing the RFP. Bob said that the PC is not qualified. Dennis Higgins agreed with Bob and said that the PC is currently waiting for decisions from the board and Ted Hong before moving forward. Dennis expressed concern that it is a thin committee. JoAnne noted that Alston Hunt Floyd & Ing (AHF&I) drafted RFPÕs and that we could put together what we could and then have them complete it. Bob noted that it would be very costly to have a law firm do the RFP since AHF&I will hire an expert and then charge us the high fees. Dale noted that if we have a decent RFP, then we wouldnÕt need it reviewed. Dennis noted that there would be expenses involved with using an expert from another island and asked if there were any experts on the Big Island. Suzanne noted that RFPÕs include both a legal section and a technical section with method, order and details.
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JoAnne said we should not wholly dismiss what is in the current RFP as drafted by Les Pedersen. Per Hong, if there is a conflict of interest, then we can change and fix those sections and still use the RFP. JoAnne noted that the RFP would still need to be independently reviewed to correct the problem areas first. She asked for input from everyone and noted that we needed an attorney to do the legal section. Suzanne noted that we needed a civil engineer who is an expert on paving and that we need them to do site visits and we need to specify exactly what we want done and which roads will be done. JoAnne said we have the traffic study, that we could augment what Les has done, that we had ClydeÕs suggestions, that there was still a lot to be done and that she welcomed comments that will help us move forward. Bob said that we need a complete RFP.
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Dale noted that the person will want to start from scratch, that contractors look for loopholes in how to do the work and how to skip work so that they can charge for extras. Bob said that we need to tell them exactly what we want them to do. Suzanne said we need to get a professional. Frank said thatÕs why weÕre looking into hiring AHF&I and that our challenge is who can give us the best help. Bob suggested asking Oahu who is best to use on the Big Island.
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JoAnne said the Board needs to tell the PC what its responsibilities are. Dennis said that the PC needs to be expanded and that the PC needs the sequence of the paving. Frank noted that Mike Pearing did a study with recommendations on the paving in the mid-1990Õs. Suzanne asked if Les was still the Chair of the PC. Dennis noted that the traffic study was incomplete so they reached a stop point. JoAnne said dissolving the current PC and forming a new one was an option. Dennis said the new PC needs to determine the sequence and paving specifications and improve the RFP. Bob said we need to thank Les and ask him to get off the PC and that we needed a new PC Chairman. Dennis agreed that we need to dissolve the current PC. Frank said he had a conversation with Donald Yamada 2 weeks ago. Yamada said that he can ask Les to get off the Yamada Board in order to prevent Yamada from not being able to bid on the HPP paving project. Dennis said we need to direct the new PC with specific tasks, that we need to find out the engineering costs from testing intelligent compaction to see if it is worth the money and that it was premature to commit to AHF&I. JoAnne took a poll on dissolving the current PC. Suzanne noted that Les did not disclose that he was the Treasurer of the Yamada Board of Directors when he became an HPPOA Board Member.Ê He disclosed that he worked at Yamada & Sons.
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Dale Watson moved to dissolve the current Paving Committee and form a new one. Robin Wright seconded. The motion passed unanimously.
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New Paving Committee: Bob Rainie asked Dennis Higgins to Chair the new Paving Committee. Frank, Bob, Dale and Luke Clebsch were on the old PC. Dennis noted that Luke has not been attending meetings and that they needed people who could commit for 30- to 60-days. Suzanne said she will ask Larry Brown, Project Coordinator of the County Planning Department if he could join the PC or attend the meetings. Dennis suggested that he could be an adviser.
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Bob Rainie moved to form a new Paving Committee. Dale Watson seconded. The motion passed unanimously. JoAnne asked if there was a motion to appoint Dennis Higgins as Chair of the PC. Bob Rainie said that wasnÕt necessary, she could do it. JoAnne Backman appointed Dennis Higgins as the Chairman of the new Paving Committee. The members are: Frank Annin, Bob Rainie, Dale Watson.
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Suzanne will ask Larry Brown if he would like to be an adviser and Dennis Higgins will ask Bryan Christ if he would like to join. The instructions to the new PC is to get the RFP done. JoAnne noted that we do not have enough money do the roads to County standards. Robin Wright asked for clarification that the charge for the new PC is to complete the RFP. Dennis said yes. JoAnne added that the new PC is to create a draft of the RFP and determine the priority of paving and submit it to the Board. Dale said that IRI wants to show the quality of the work that they can do. Dennis said he was open to seeing what they can do.
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Dennis Higgins moved to withhold obligating ourselves to Alston Hunt Floyd & Ing to review the RFP. Dale Watson seconded. The motion passed unanimously.
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Safety Issues at 12th & Makuu: Bob Rainie commended Clyde Wheatley on a job well done with the temporary fix of the hole by blocking it with the 2 pieces of wood in the form of a cross. JoAnne asked if prior to the work being done, if there was runoff on both sides of the road. Suzanne noted that the drain has been dry since we have not had much rain. She consulted with an engineer from the County regarding the drainage channel and he suggested blocking off the 2-foot pipe drain. Suzanne noted that it was an unnecessary drain and that it was overkill. She also noted that it created a liability and that the quickest and best way to deal with it is to block it off since it crated channeling onto another property due to the encroachment. Dale suggested blocking off both sides of the 2-foot pipe. Dennis suggested putting a plate and rock. JoAnne asked who the rock belonged to and asked if Les was able to obtain a written agreement from the resident who owns the lot where the rock is currently. Suzanne said no.
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Dale Watson made a motion to allow the General Manager to have a plate put on the pipe discharge opening and fill up the hole on 12th & Makuu (Pahoa/makai side). Vivienne Houghton seconded. The motion passed unanimously.
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Payment for the work at 12th & Makuu: Dennis suggested that Suzanne ask Yamada to move the rocks. Dale asked if Yamada cannot produce the residentÕs written agreement. Suzanne said that Clyde put reflectors. JoAnne said that we needed a paper trail with Yamada. Suzanne said that paying the bill, even partly, would cause us to assume liability and responsibility and that this was a liability issue. Bob said we should not micro-mange the manager. Frank said he spoke with Yamada; they are a reputable company that does good work, they want to bid on the HPP paving project, that we are making a mountain out of a molehill, that we needed to pay most of the bill already and withhold only $10,000 for the unfinished work. Vivienne Houghton suggested that Yamada should first fix their error by removing the rock from the property where they were not authorized to place the rock and then they would be paid in full.
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Dale Watson made a motion to withhold paying the Yamada bill until the work was done to the satisfaction of the General Manager. Vivienne Houghton seconded. Dale Watson, Vivienne Houghton and Robin Wright voted yes; Frank Annin voted against; Bob Rainie and Dennis Higgins abstained. The motion failed.
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Adjournment:Ê The meeting adjourned at 6:34 p.m.
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Respectfully submitted by:
Vivienne Houghton
Director Ð District 3
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Motions LogÊ 8-29-07
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Dale Watson moved to dissolve the current Paving Committee and form a new one. Robin Wright seconded. The motion passed unanimously.
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Bob Rainie moved to form a new Paving Committee. Dale Watson seconded. The motion passed unanimously. JoAnne Backman appointed Dennis Higgins as the Chairman of the new Paving Committee. The members are: Frank Annin, Bob Rainie, Dale Watson.
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Dennis Higgins moved to withhold obligating ourselves to Alston Hunt Floyd & Ing to review the RFP. Dale Watson seconded. The motion passed unanimously.
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Dale Watson made a motion to allow the General Manager to have a plate put on the pipe discharge opening and fill up the hole on 12th & Makuu (Pahoa/Makai). Vivienne Houghton seconded. The motion passed unanimously.
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Dale Watson made a motion to withhold paying the Yamada bill until the work was done to the satisfaction of the General Manager. Vivienne Houghton seconded. Dale Watson, Vivienne Houghton and Robin Wright voted yes; Frank Annin voted against; Bob Rainie and Dennis Higgins abstained. The motion failed.
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