Hawaiian Paradise Park Owners Association
Approved Minutes of the General Membership Meeting
June 25, 2006

Call to Order: The meeting was called to order at 3:05 p.m. by Frank Annin, President.

Board Members Present: Frank Annin, President; Ron Phillips, Vice President; Lloyd Cabral, Secretary; Allan Deehr, Treasurer; Bill Carlson and Walter Moe. Suzanne Mayhew, General Manager, was also present.

Lot Owners Present: Doris Carlson, Michael McMillan, Fred and Marleni Wohlschlagel, Gary Jung, Mary Roblee, Richard Stutsman, Denis Monk, John Schinnerer, Louise Wisechild, Karen Annin, Ann Marie Boehrer, Julia Lindbergh, June Conant, Joe Roe, Bobbie Alicen, JoAnne Backman, Paul Lindbergh, Rick Fetcher, Erhard Autrata, Rod Thompson, Dennis and Michelle Huggins, Azura Khan, Lynn Blanchette, Cameo Mead, Doug Hough, Kile Golden, Jim and Mary DeVincent, Barbara Kahn-Langer, Fran and Glen Calvert, Dan Covington, Elizabeth Salfen, and Karen Hagen signed in.

Guests: Sherwin Taka, Community Policing Officer; Brad Kurokawa, Pat Frank, and Roger Evans.

Introductions: President Annin introduced the Board of Directors and presented plaques and leis to outgoing members Allan Deehr and Walter Moe. Barney Sheffield, who has served on the Board for the past six years, was not present to receive his recognition plaque.

Frank thanked Tina Giddings for bringing brownies for the meeting, and thanked her, Morgan Sky and Suzanne Mayhew for their hard work in the office. He also thanked Clyde Wheatley for his work on the roads.

Approval of Minutes of February 12, 2006: JoAnne Backman corrected the spelling of Lynn Blanchette's name on page 4. Suzanne Mayhew said that Carey Mills should be listed as a guest, not a lot owner.

Michael McMillan moved to approve the minutes of the February 12, 2006, General Membership meeting as corrected. Walter Moe seconded, and the motion passed unanimously.

Treasurer's Report: Treasurer Deehr reported that as of noon Friday, June 23, the balance in hand in the primary accounts were:

Roads Savings $662,690
Roads Investments 725,010
Roads Checking 84,793
Non-Roads Checking 9,445
Activity Center Reserve 36,271
Restricted Reserve 20,391
Coqui Eradication (as of May 31) 19,500

The total in all accounts was $1,558,450. The income thus far this month totaled $51,425, and monthly expenses to date totaled $40,543. As of June 23, $1,054,885, or 82% of the total $1,286,753 road fees billed for 2006 has been collected.

Allan explained that in February the Board authorized 41 foreclosure actions against owners owing more than $2000, totaling almost $100,000 in delinquent fees. Thus far eight have paid in full, one is in escrow with payment due on sale, and six have made payment arrangements. Twelve were turned over to legal counsel for filing of foreclosure actions in Circuit Court. Action against the eleven foreign owners is on hold awaiting the outcome of the five currently pending.

To date, 79% of the Roads budget and 78% of the Non-Roads budget for this fiscal year have been expended. After the balance of the paving contract for Paradise Dr. is paid, $38,800 will remain in the Roads budget, approximately $11,000 of which will be spent by June 30. The expense of replacing the water catchment tank at the Activity Center which was damaged by vandalism may use most of the remaining funds in the Non-Roads account.

Frank commended Allan for his work as Association Treasurer.

General Manager's Report: Suzanne Mayhew reported that the Personnel Policies and Procedures have been finalized. She will proceed to outlining the policies and procedures for committees, the Activity Center, road maintenance and road improvements. She said a committee helped draft the document, and encouraged new volunteers to sign up to work on committees. She said progress is made by volunteers.

The Department of Health has asked the Association to notify lot owners about the health concerns regarding shallow wells, which have increased "exponentially" in the Park in recent years. The DNLR issues permits for the wells along with the Health Department's warnings about the safety of drinking from such wells. Since lot owners don't seem to be heeding the warning, it is thought that perhaps the contractors aren't passing on that warning to the lot owners. Suzanne said the office has literature which owners may read.

She said that speeding continues to be a problem, especially at the end of Maku`u and the sharp curve on Pohaku Circle. She hopes the Traffic and Safety committee will coordinate with the Paving Committee to consider safety issues while paving is being planned.

The Association has secured an initial loan for $2 million for paving. She said it is a long-term project which will involve a lot of planning and volunteer effort.

Louise Wisechild asked how the loan will be repaid. Allan responded that the current budget for paving is for an amount almost equal to this year's payment on the loan. He said the loan will eventually be expanded to $10 million. Interest is 8%, guaranteed for 42 months, at which time it ties into U.S. Treasury sales.

Frank said that since he came on the Board, it has tried continually to secure a loan for paving. Walter Moe has worked hard to find a bank willing to loan funds to HPPOA. Walter said he has worked for the past ten years with government agencies and private institutions to secure monies for paving; this is the first loan which has been offered. He said that taxes do not go to support infrastructure improvements in the private subdivisions, so a loan is required. The paving program will continue from three to five years, funded by five increments of $2 million each to allow paving to continue uninterrupted, and will be repaid by road maintenance fees.

Louise Wisechild said, "I do not understand when we decided to pave these roads." She asked about the price and availability of gasoline.

Walter said that in the 1990's, a ballot initiative showed 83% approval for paving.

Rod Thompson said he was on the Road Committee in the mid-1990's, which at that time was not in any way expecting to pave the roads. He asked the Board to develop a plan for the paving project so that "fees do not continue to go up and up and up forever."

Brad Kurokawa: Brad Kurokawa, who was appointed Deputy Planning Director five months ago, has recently returned to the Big Island. He worked on the Mainland for many years as a landscape architect; this is his first public position.

He said that the current administration is providing an opportunity to change "the way things are done." The Community Planning Development Plan gives residents an opportunity to give their input in the planning process. "Things happen through cooperation."

On July 22, a regional meeting will be held to discuss the trends and comments which were gathered at the many small group meetings in Puna. He said the information-gathering process will take approximately one year to complete. A community-based Steering Committee will work with consultants to develop an implementation plan.

Kurokawa said that the large subdivisions with substandard infrastructure provide the largest challenge to the project in serving the community's needs as well as meeting the County's needs.

Walter Moe said that every election cycle voters are asked repeatedly to participate in planning meetings, but nothing ever comes of it because public money cannot be spent in private subdivisions.

Kurokawa said they are here to look at ways to address the questions: "Do we want County infrastructure in HPP? What does that mean? How do we implement it?" He said he will work to push the process through to manifestation.

JoAnne Backman asked about the make-up of the Steering Committee. Kurokawa said it is composed of 12 members representing the entire Puna district, but he is not certain how many members are from HPP.

Walter said that if the Association improves the roads, the County will then reassess the value of the property at a higher rate. He suggested that the County could share 50% of the taxes collected with the private communities.

Kurokawa said that is certainly a possibility. He also as what was once a rural area continues to grow, there is no proximity of work and living centers, which is a root problem which needs to be addressed.
Lloyd Cabral said that $4.5 million is collected each year in property taxes. He asked, "When can we expect to see something?"

Kurokawa said he does not have the answers, since he is new to the County. He added that the influx of newcomers has created a shift in the values and culture of the island. He said in the local culture, "the land is who you are." He expressed concerns about the "dilution of aloha" and loss of heart connection to the land.

Barbara Kahn-Langer asked how HPP's Revised Master Plan will be integrated into the Puna Community Development Plan. Kurokawa responded that past community efforts will be utilized, including both the revised and original Master Plans, in developing a regional plan. He said, "We are grappling with the scale and diversity of Puna. We are open to different ways to partner private and public to deal with issues."

John Schinnerer thanked Moe for persisting in pursuing funds for paving. He said that at a Board meeting, Chris Yuen, Planning Director for the County of Hawaii, said that public monies could be used for parks and other County services, but not for roads or water. He added that the present property taxes alone could not pay for County-level infrastructure within the subdivision.

Committee Reports


Emergency Notification and Evacuation Team (ENET):
Karl Seebrook said that the committee was formed to help the residents of the Park prepare for and deal with natural disasters such as hurricanes and tsunamis. Last weekend Gerard Fry from the Pacific Tsunami Warning Center, and representatives from the Health Department, Civil Defense, Red Cross and the Tsunami Museum presented a lecture at the Activity Center attended by about 80 residents. Committee meetings are open and volunteers to serve on the committee are welcome. Seebrook said that the committee is compiling a list of special-needs residents who may require assistance evacuating their homes in case of emergency.

Parks Committee: Carole Mullin said that a children's playground, disc golf course, tennis courts, walking and jogging paths, and "whatever your input of what you would like to see developed in the Park."

She said the obvious shortage of parks in Puna has been acknowledged by Chris Yuen, Planning Director. At the February, 2006, membership meeting, a Parks Committee was formed to develop the 20-acre property at Maku`u and 16th Avenue and the area behind and beyond the Activity Center between 16th and 17th Avenue.

Walter Bell indicated on a map the parcels owned by the Association to be used for recreational or educational purposes. He said the County also owns two unimproved parks along the waterfront in Hawaiian Paradise Park, one at Kaloli Point and the other on Beach Road. The Association also owns 31 acres which are an archeological site, which the Archeology Department of the University of Hawaii at Hilo has offered to assist in the restoration with input from the local Hawaiian community.

Mullin said that the park could include a playground for children, after-school and summer activities for youth, exercise trails with workout stations, areas for volleyball, baseball and basketball, eventually a tennis court, and perhaps even a meditation garden with a waterfall which could be used for weddings and memorial services. Skip Bethea and Gary Safarik are working to obtain County funds to assist with the park projects. The Disc Golf Club has offered to help fund a disc golf course with an exercise area around it. She said that the committee will host fund-raisers, perhaps in conjunction with the hui's 35th anniversary party. On Saturday, September 23 an awareness day will be hosted with hot dogs, a balloon castle and other fun events to heighten community awareness of the goals and needs of the Parks Committee. She said financial help and physical labor are needed, as well as information from residents on what they want in the park. Ann Marie Boehrer said that the more input from owners and residents, the better the project will be. The committee has prepared a survey for owner input.

Michael McMillan said that a 20-acre parcel is missing from the map displayed.

Tina Giddings asked whether the Parks Committee considered starting on a smaller scale by creating a children's playground the Activity Center.

School Sites Committee: Barbara Kahn-Langer said that the committee is composed of Barney Sheffield, Allan Deehr, June Conant, and herself. She said it was formed because the Board was faced with several requests for school locations, although it had no criteria or guidelines to follow.

The committee drafted a document, "Proposed Covenants, Conditions and Restrictions for School Use of Hawaiian Paradise Park Owner Association Properties," which was presented to the membership for approval. Allan Deehr said that these guidelines to be used by the Board would apply only to the Association's deed-restricted properties.

Rod Thompson asked whether the committee talked to the Department of Education in formulating their guidelines. Allan said no, they had not. Thompson said that the potential population of the Park requires consideration for location of public schools. A public high school requires 40 acres, although 20 acres is sufficient for an elementary or middle school. He suggested further research and consideration before presenting the proposal for a vote.

Gary Jung said a specific location was designated in the Master Plan for a high school. "We can't vote on this today; this has far-reaching effects on Paradise Park and gives them sweeping powers which I don't think we want to give away without thinking about it."

Allan clarified that agreements with charter and private schools would be "lease only."

Rod Thompson moved to defer action on the proposed school use covenants, conditions and restrictions. Carole Mullin seconded.
Barbara Kahn-Langer moved to amend the motion to include a report at the next general membership meeting. Ron Phillips seconded.
The motion to amend passed unanimously; the amended motion also passed unanimously.

Coqui Frog Committee: JoAnne Backman said that the committee, formed in 2003, collected $33,000 in donations, which was not enough to spray the entire Park as originally intended. A sprayer unit was fabricated to be used by owners and residents to spray their own properties. A voucher program will be implemented at the Swap Meet Aloha Hour July 8, offering $5000 in vouchers for lime and citric acid.

Unfinished Business


Bylaws Committee:
Frank said that the five volunteers for the committee-Carlton Stout, Doris Carlson, Robin Wright, Lynn Blanchette, and JoAnne Backman-were not elected at the February membership meeting as required by Article VIII, Section 3 of the Bylaws.

JoAnne said that Doris Carlson has not participated on the committee. Bobbie Alicen and Mary DeVincent volunteered to serve on the committee.

Gary Jung asked if the committee is limited to its stated purpose of district realignment.

Walter Bell asked that the Bylaws Committee also consider the other motions passed at the February meeting which require Bylaws amendment before implementation.
Frank asked the membership to act on electing the committee first.

Barbara Kahn-Langer moved to elect JoAnne Backman, Robin Wright, Carlton Stout, Lynn Blanchette, Bobbie Alicen and Mary DeVincent to the Bylaws Committee. Michael McMillan seconded; the motion passed unanimously.

District Realignment: Gary Jung said that the motion just passed is not the one passed in February, and therefore the committee should not be limited in what amendments it may consider.
Bobbie Alicen said that the motion just passed simply elected the committee appointed earlier to consider district realignment.

JoAnne explained the committee's realignment proposal, which provides for easier description of the districts. She said the population of each district is not exactly equal, but is equitable.

Lloyd Cabral said that as a Director, he has little contact with residents across the subdivision. He said it would be better to make the districts in blocks. "The population today is much different from when the districts were established, and there is some justification for realignment."

Walter Moe stated that when the districts were originally laid out, the Association was instructed by the Court to provide for equitable distribution of votes. He said the districts had to be passed by the State Supreme Court before assessment and foreclosure rights to be granted.

JoAnne said there is nothing in the Bylaws stating that the membership cannot change these particular Bylaws. The Board has stated that a legal opinion is not needed, but that the membership can make this change.

Several members said that the present system creates difficulty in determining which district an individual lot is in.

Rod Thompson asked that the committee incorporate the various comments into their proposal and realign the districts to provide a more equal distribution of votes.

JoAnne Backman moved to amend Appendices A and B of the Bylaws to reflect the changes proposed by the Bylaws Committee. Jim DeVincent seconded.
Michael McMillan moved to table the redistricting motion for further study; Rod Thompson seconded. The motion passed by a vote of 29 for, 22 against.
The original motion was tabled.

JoAnne asked the Board to resolve the legality issue before the committee's revised proposal is presented at the next membership meeting. Frank said the Bylaws are clear and a legal opinion is not needed.

New Business


35th Anniversary Committee:
Frank invited those interested in planning a celebration for next year to sign up on the volunteer sheets.

Bus Shelters Committee: Tom Brown, Transportation Director, has told the Board that materials will be provided for building shelters if the community provides labor. A committee is needed to determine locations of the shelters and coordinate volunteers.

February Motions: Walter Bell said that two motions passed at the February membership meeting will require Bylaw amendments. One motion changed how ballots are tallied; the other added a third annual membership meeting.

Walter Bell moved to appoint a Bylaws Committee to address the two motions passed at the February 12, 2006, general membership meeting which require Bylaws amendments. These motions were: 1) to add a third annual general membership meeting, and 2) to modify how votes are counted in an election. Ann Marie Boehrer seconded; the motion passed.

Michael McMillan asked whether the standing Bylaws Committee could address both these issues as well as district realignment.

Allan Deehr moved to delegate the task of amending the Bylaws to allow the motions passed at the February 12, 2006, general membership meeting to the standing Bylaws Committee. Michael McMillan seconded; the motion passed unanimously.

JoAnne Backman asked that Walter Bell be elected to join the Bylaws Committee.

Allan Deehr moved to elect Walter Bell to the standing Bylaws Committee; Michael McMillan seconded. The motion passed unanimously.

Special Membership Meetings: Bobbie Alicen said that Gary Safarik has asked the Association to host a membership meeting so that he could meet with the community. Ron Phillips said that a special membership meeting is not required for Safarik to meet with interested lot owners.

Walter Bell proposed a special membership meeting to deal with the proposed Bylaws amendment. Gary Jung said that a special meeting may only be called by a vote of two-thirds of the Board or by a petition containing 100 signatures of lot owners.

Frank said the Board will consider the request for an October membership meeting.

New Directors: Les Pedersen was elected to represent District 1; Districts 2, 3, and 4 are open because no one ran. Frank said anyone interested in serving on the Board should notify Suzanne.

Owner Input: Roger Evans facilitated the discussion.

Rod Thompson said that a proposal to hire off-duty policemen to ticket reckless drivers need to be presented at a public, community discussion. He asked Officer Taka to explain "reckless endangerment." Taka said "we classify it 'reckless driving' and if we see it, we can make the arrest." If a resident documents reckless driving and notifies the police, a letter will be sent to the driver. Officer Taka said photos are acceptable, also.

Suzanne Mayhew thanked him for attending the meeting on his day off.

Kile Golden said that Neighborhood Watch has forms for reporting reckless drivers, also.

Louise Wisechild suggested that instead of spending the money to pave roads, it be spent to implement a community transportation system based on the "collectivo" system in Mexico, whereby vans pick up six to ten residents hourly at intersections of main roads and for a reasonable fee transport them to Hilo or Pahoa and return them to their residences. She said such a system creates community as well as reducing traffic and the need for increased roads.

Gary Jung said that the Board may allocate road fees only for the purpose of maintaining the roads.

Lloyd Cabral said perhaps the proposal could be implemented as a private enterprise. Ann Marie Boehrer said such a system is needed for older residents and those who do not have cars.

Several owners expressed concern that the paving committee include "traffic-calming devices" and consider safety issues in planning for paving. JoAnne said, "I would like to see a concise and detailed plan in effect before any paving begins."

Erhard Autrata said that 4-way stops will work better than traffic circles.

Bobbie Alicen said that street lights are needed for safety. JoAnne said they should be at ground level to prevent light pollution.

Louise Wisechild asked that street numbers be stenciled on the roads because the signs are hard to read. She asked about the lines that were promised at the February meeting.

Ron Phillips invited interested owners to give input at Traffic and Safety Committee meetings.

Ron Phillips moved to adjourn the meeting; Erhard Autrata seconded. The motion failed by a vote of 5 for, 7 opposed.

Tina Giddings asked whether traffic circles would impede evacuation in case of a tsunami or disaster. She suggested that the Traffic and Safety Committee work in conjunction with the Evacuation Committee.

Lloyd asked whether residents are allowed to use properties owned by the Association. Frank said as far as he knows they are.

Lloyd Cabral moved to adjourn the meeting. Allan Deehr seconded; the motion passed unanimously.

Adjournment: The meeting was adjourned at 5:55 p.m.

Respectfully submitted by:

Kirstie Goin, Recording Secretary

Lloyd Cabral, Corporate Secretary

 

 

Motions Log General Membership Meeting 6-25-06

Michael McMillan moved to approve the minutes of the February 12, 2006, general membership meeting as corrected. Walter Moe seconded, and the motion passed unanimously.

Rod Thompson moved to defer action on the proposed school use covenants, conditions and restrictions. Carole Mullin seconded.
Barbara Kahn-Langer moved to amend the motion to include a report at the next general membership meeting. Ron Phillips seconded.
The motion to amend passed unanimously; the amended motion also passed unanimously.

Barbara Kahn-Langer moved to elect JoAnne Backman, Robin Wright, Carlton Stout, Lynn Blanchette, Bobbie Alicen and Mary DeVincent to the Bylaws Committee. Michael McMillan seconded; the motion passed unanimously.

JoAnne Backman moved to amend Appendices A and B of the Bylaws to reflect the changes proposed by the Bylaws Committee. Jim DeVincent seconded.
Michael McMillan moved to table the redistricting motion for further study; Rod Thompson seconded. The motion passed by a vote of 29 for, 22 against.
The original motion was tabled.

Walter Bell moved to appoint a Bylaws Committee to address the two motions passed at the February 12, 2006, general membership meeting which require Bylaws amendments. These motions were: 1) to add a third annual general membership meeting, and 2) to modify how votes are counted in an election. Ann Marie Boehrer seconded; the motion passed.

Allan Deehr moved to delegate the task of amending the Bylaws to allow the motions passed at the February 12, 2006, general membership meeting to the standing Bylaws Committee. Michael McMillan seconded; the motion passed unanimously.

Allan Deehr moved to elect Walter Bell to the standing Bylaws Committee; Michael McMillan seconded. The motion passed unanimously.

Ron Phillips moved to adjourn the meeting; Erhard Autrata seconded. The motion failed by a vote of 5 for, 7 opposed.

Lloyd Cabral moved to adjourn the meeting. Allan Deehr seconded; the motion passed unanimously.

 

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