Hawaiian Paradise Park Owners Association
Approved Minutes of the Board of Directors Meeting

October 17, 2007

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Call to Order:Ê The meeting was called to order at 6:00 p.m. by Frank Annin, Vice President.

Members Present:Ê Frank Annin, Vice President; Vivienne Houghton, Secretary; Ron Phillips, Treasurer; Dennis Higgins, Bob Rainie, Joan Galante, Dale Watson and Robin Wright.Ê Suzanne Mayhew, General Manager, was also present.

Guests:Ê Allan Deehr, Jeff Spaur, Barbara Kahn-Langer, Jim Lee and Bryan Christ.

Owner Input:Ê Jeff Spaur asked about liability and access between HPP and Shipman land at F and K roads.Ê He also volunteered to serve on any committee needing members.

Suzanne said neighbors recently cleaned up the rubbish along the Shipman boundary.Ê When asked, ShipmanÕs representatives have been helpful in maintaining their side of the boundary.

Approval of Minutes:Ê The minutes of September 12, 2007, were approved as corrected by consent.

TreasurerÕs Report:Ê As of September 30, 2007, the account balances were:

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ÊÊÊÊÊÊÊÊÊÊÊ Roads SavingsÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ $ÊÊÊÊ 517,764.77

[includes $36,271.19 in Activity Center Reserve and $12,136.94 in Restricted Reserve]

ÊÊÊÊÊÊÊÊÊÊÊ Roads InvestmentsÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊ 908,550.60

ÊÊÊÊÊÊÊÊÊÊÊ Roads CheckingÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊ 76,499.64

ÊÊÊÊÊÊÊÊÊÊÊ Non-Roads CheckingÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊ ÊÊ79,216.70

ÊÊÊÊÊÊÊÊÊÊÊ Coqui EradicationÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊ 14,350.44

ÊÊÊÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ

ÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊÊTOTAL ALL ACCOUNTSÊÊÊÊÊÊÊÊÊÊÊ ÊÊÊÊÊÊÊÊÊÊÊ $Ê 1,645,255.28

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The monthly income for September was $41,177.07; monthly expenses totaled $153,270.45.Ê Major expenses included $77,425 for the drainage repair at 12th and Maku`u and $47,040 for materials for the roads.Ê 98% of current year road fees have been collected.Ê

The TreasurerÕs report was approved by consent.

General ManagerÕs Report:Ê Robin asked why the letters from attorney Hong are taking so long, since they have been on the agenda since May.Ê Suzanne said he has responded quickly for specific situations, but she will pose this question to him.

Ron said he has noticed encroachment of traffic by schools on both 30th and 24th. ÊHe said this raises a liability issue. ÊSuzanne responded that both schools were reported to the County on special use complaint forms, but she has not heard back.Ê She suggested the schools could provide a shuttle bus from a park-and-ride lot to alleviate the traffic problem.

Vivienne asked about an email concerning Malamalama School concerning removal of albizzia branches.Ê Suzanne said Allan assured her that their contract states that they are responsible for upkeep on their own property.Ê She will write a letter of response to them.Ê

The General ManagerÕs Day-to-Day operations Report dated 10-17-07 was approved by consent.

The General ManagerÕs Management Projects Report dated 10-17-07 was approved by consent.

Letters from Ted Hong:Ê Two letters were received from the attorney, one concerning a request for reimbursement for damage to a vehicle on an HPPOA roadway, and the other for the BoardÕs review before sending it to the mobile taco vendor.Ê Ron said the letter Òsounds fine.Ó

Road Report:Ê The roller has been down since September 18, awaiting a repair part from Germany, but it is working now.Ê

HELCOÕs newsletter included an article about signs on utility poles.

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Committee Reports

Finance Committee:Ê Allan Deehr reported that the committee meets monthly to review the previous monthÕs financial statements.Ê AugustÕs figures looked good.Ê

The majority of road fees collected are in CDÕs collecting 5.25%.Ê Suzanne said the rate was recently dropped to 4.99%.

The bond monies are in a debt reserve account of $1.2 million which has been earning 4.6% and is now at 5.05%, and a projects fund of $10.3 million which has been earning between 4.27 and 5%.

A concern of the committee is that the SAM accounting system requires hand-calculating of interest.Ê It is scheduled for replacement by spring of 2008.

The Board received a document entitled 2007 bond covenants explaining the AssociationÕs obligations related to the bond issue.Ê

The bond indenture policy requires foreclosure on any property whose unpaid fees exceed $2000.Ê Allan said 2 cases are pending from the first round; a second round has 12 left.Ê Two are in negotiations, and none have been contested.Ê A firm in Minneapolis has been engaged to interpret and serve foreclosure suits against 25 Japanese owners.Ê Allan expects all foreclosure costs to be recovered by the Association.

Suzanne has a system set up to remind her of periodic duties required by the bonds agreement.Ê

Paving Committee:Ê Dennis reported that the committee had informational meetings with contractors and has decided to break the paving project into increments.Ê Its goals are to keep costs at a reduced level, correct unforeseen difficulties and provide paving to areas throughout the entire Park during Phase 1.Ê

Ron asked when the recommendations and policies would be ready; Dennis responded Òabout the first week of November.ÓÊ

The Paving Committee report was approved by consent.

Parks Committee:Ê Frank said the Parks Committee has scheduled a meeting with representatives of the County Parks and Recreation Department, Corporation Counsel and Attorney Hong.Ê A preliminary meeting of committee members will be held on October 22.

The Parks Committee report was approved by consent.

Bus Stops:Ê Dennis received a phone call from Tom Brown today, but has not received any materials to date.Ê The current plan is to build two shelters based on the original design and up to 15 more small shelters in the coming year, whose lesser materials cost will allow for a streamlined procurement process.Ê

The Bus Stops Committee report was approved by consent.

Traffic Safety and Road Policy Committee:Ê Dennis said the letter to Emily Naeole requesting property tax information for 2004, 2005 and 2006 was sent, but no response was received.Ê Last Friday Dennis spoke to her secretary, who suggested that if he could get the TMKÕs for the properties, he could look up the information himself.Ê He intends to revise the wording of the letter and resend it.Ê

Dennis read aÊletterÊfor which he asked Board approval to send to Chris Yuen seeking informationÊconcerning building permits and special use permits issued in the Park, and suggested the possibility of collecting additional road fees related to clearing and grubbing permits and increased traffic for commercial use, as well as reimbursement from the County whenever traffic is routed through HPP because of accidents on Highway 130.ÊÊ

The Traffic Safety and Road Policy Committee report was approved by consent.Ê

New Business

Bus Stops: ÊDennis said the Board approved construction of smaller shelters by a phone vote.

Construction of smaller bus shelters was approved by general consent of the Board.Ê

HPPOA Easement Policy:Ê Suzanne said the easements should always be clear for emergency and pedestrian use, and suggested zero tolerance for vendors parking on the AssociationÕs easements.

Dennis asked how the policy would be enforced.Ê

Annual Awards:Ê The annual Rick Edwards award was established in the mid-1990Õs at a centennial celebration, but was rewarded only once.Ê Suzanne said it is a certificate and the wording, indicates service to the community and hui.Ê The Allan Deehr community service award should be awarded again next June.Ê Frank suggested both be awarded next at the membership meeting in June.Ê

Agenda for Membership Meeting:Ê Suzanne provided a draft agenda for the October 28 meeting.

Ron Phillips moved to approve the proposed agenda for the October 28 membership meeting.Ê Vivienne Houghton seconded; the motion was approved by consent.

Vision Statement:Ê Robin reminded the Board that it approved presentation of the vision statement to the membership at the October 28 meeting as well as The Conch and the website.Ê

The Vision Statement Committee report was approved by consent.

Foreclosure Resolution:Ê The following resolution was presented by the Finance Committee for approval:Ê

ÒWhereas the 2007 Project Bond Trust Indenture entered into by Hawaiian Paradise Park Owners Association requires annual review of its foreclosure policy for collection of delinquent road maintenance assessments and accrued interest, and to enforce collection pursuant to such policy which currently authorizes commencement of foreclosure proceedings against lots with an indebtedness in excess of $2000; therefore be it resolved that the Treasurer of the Hawaiian Paradise Park Owners Association, in accordance with Article XI, Section 3 of the Association Bylaws, as amended June 12, 2004, is authorized to commence collection action against all properties with an outstanding balance in excess of $2000.00 for unpaid road assessments, interest, and liens.Ê Those actions may include, but are not limited to attachment, execution on lien, foreclosure, and writ of possession.Ó

Vivienne Houghton moved to adopt the resolution as presented; Ron Phillips seconded.Ê The motion was approved by consent.

Dale asked why not 5 yearsÕ delinquency instead of $2000. ÊSuzanne said the trust indenture states $2000, and it is too late to change it now.Ê

Robin asked when it changes to $1000.Ê Suzanne responded only if the Association defaults on the loan or if at the end of the year 20% of owners are delinquent, it must be amended to $1000.Ê

Bylaws Amendment:Ê The Road Traffic Safety Committee asked the Board to approveÊ proposed Bylaws amendments to be presented to the general membership for approval, providing and that driveways must exit on side roads unless landlocked.Ê

Dennis Higgins moved that the Board approve the Road Traffic Safety and Policy CommitteeÕs request to present a Bylaw amendment regarding driveways entering main thoroughfares in Hawaiian Paradise Park at a general membership meeting.Ê Dale Watson seconded.

Robin Wright suggested a friendly amendment that the membership be asked to form a Bylaw committee for that purpose.Ê Ron suggested presenting the proposal at the February general membership meeting. ÊÊBoth amendments were accepted.

The motion passed unanimously.Ê

Joan said many driveways already exit onto main roads.Ê Ron suggested they be asked to move them or be assessed a special fee, since Òliability is a critical issue.Ó

It was also suggested that consolidated lots be assessed by original TMK. ÊAn owner stated that case law upholds assessment by original lot, not by parcel.

Emergency Access:Ê Dennis said Councilwoman Naeole has sent a written request to HPPOA to make an emergency access between the dead end of 28th off Maku`u and Hawaiian Homesteads by removing the barrier and installing a gate.Ê The Presidents of both Associations would hold keys to the gate, which would be opened only for emergency use.

Frank suggested that JoAnne and Suzanne meet with the President of Hawaiian Homelands and Emily to discuss the proposal.Ron said the County should pay for the expense of removing the barrier and installing the gate.Ê

Additional Owner Input:Ê Bryan Christ suggested a Bylaws amendment to assess road fees for vehicles over 10,000 pounds parked in the subdivision.

Jim Lee presented a budget accounting for the Community Festival.Ê

Suzanne said she will have a comparison of the report with the QuickBooks account by the November meeting.Ê She said cash from the shave ice sales was not received by the office.Ê Two tents and some tent parts were reported missing, so about $500 of the tent deposit was not refunded.

Jim said the Special Events Committee has been dissolved.Ê

Announcement:Ê A general membership meeting will be held on Sunday, October 28, at 3:00 p.m.

Adjournment:Ê The meeting was adjourned at 7:35 p.m.Ê

Respectfully submitted by:Kirstie Goin, Recording SecretaryVivienne Houghton, Corporate Secretary

Motions Log 10-17-07

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Approval of Minutes:Ê The minutes of September 12, 2007, were approved as corrected by consent.

The TreasurerÕs report was approved by consent.

The General ManagerÕs Day-to-Day operations Report dated 10-17-07 was approved by consent.

The General ManagerÕs Management Projects Report dated 10-17-07 was approved by consent.

The Paving Committee report was approved by consent.

The Parks Committee report was approved by consent.

The Bus Stops Committee report was approved by consent.

The Traffic Safety and Road Policy Committee report was approved by consent.

Construction of smaller bus shelters was approved by general consent of the Board.

Ron Phillips moved to approve the proposed agenda for the October 28 membership meeting.Ê Vivienne Houghton seconded; the motion was approved by consent.

The Vision Statement Committee report was approved by consent.

Vivienne Houghton moved to adopt the resolution:

ÒWhereas the 2007 Project Bond Trust Indenture entered into by Hawaiian Paradise Park Owners Association requires annual review of its foreclosure policy for collection of delinquent road maintenance assessments and accrued interest, and to enforce collection pursuant to such policy which currently authorizes commencement of foreclosure proceedings against lots with an indebtedness in excess of $2000; therefore be it resolved that the Treasurer of the Hawaiian Paradise Park Owners Association, in accordance with Article XI, Section 3 of the Association Bylaws, as amended June 12, 2004, is authorized to commence collection action against all properties with an outstanding balance in excess of $2000.00 for unpaid road assessments, interest, and liens.Ê Those actions may include, but are not limited to attachment, execution on lien, foreclosure, and writ of possession.Ó

Ron Phillips seconded.Ê The motion was approved by consent.

Dennis Higgins moved that the Board approve the Road Traffic Safety and Policy CommitteeÕs request to present a Bylaw amendment regarding driveways entering main thoroughfares in Hawaiian Paradise Park at a general membership meeting.Ê Dale Watson seconded.

Robin Wright suggested a friendly amendment that the membership be asked to form a Bylaw committee for that purpose.Ê Ron suggested presenting the proposal at the February general membership meeting.ÊÊ Both amendments were accepted.

The motion passed unanimously.

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