Call to Order: The meeting was called to order at 3:00 p.m. by Frank Annin, President.
Board Members Present: Frank Annin, President; Ron Phillips, Vice President; Lloyd Cabral, Secretary; Bill Carlson and Alan Medeiros. Suzanne Mayhew, General Manager, was also present.
Lot Owners Present: June Conant, Robin Wright, Charles Cartwright, Craig and Martha Hursh, Carlton Stout, Steve and JoAnne Backman, Tom Picher, Bobbie Alicen, John Schinnerer, Tamara Brown, Nancy and Randy Bruckner, Erhard Autrata, Barbara Kahn-Langer, Glen Calvert, Gary Jung, Karen Annin, Gyoncyi Szirom, David Faulkner, Bob Bainie, Michael Brown, Doris Carlson, David Fithian, Douglas Hough, Ivan Van Leer, Jim and Mary DeVincent, Bruce Derrick, Walter Bell, Mary Marvin Porter, Peggy Hinshaw, and Louise Wisechild.
Introductory Comments: Frank asked first-time attendees to introduce themselves. He said that close to 11,000 people are now living in the subdivision; growth translates into increased traffic on the roads. He thanked the Conch Committee for the recent excellent newsletter, the Parks Committee for sponsoring the successful Park Awareness Day the previous day, the Neighborhood Watch Committee for their September clean-up and sponsoring Trunk or Treat on Halloween, the Bylaws Committee and the Emergency Notification and Evacuation Committee (ENET) for their efforts on behalf of the community. ENET chair Manny Mattos will meet with County Council tomorrow to request funding for radios to allow committee members to communicate with one another and other agencies during emergency situations.
Bylaws Proposed Amendments: JoAnne Backman said that
at the February general membership meeting, two motions were passed
which upon closer consideration required amendments to the Bylaws
to enact-providing for a third annual membership meeting and revision
of the procedure for counting votes in an election. At the June
membership meeting, the Bylaws Committee had proposed an amendment
to realign the districts, which was tabled to allow the committee
to address specific concerns of the directors and the membership.
At that time the Bylaws Committee was asked to consider all three
issues and report their findings at the next membership meeting.
Frank explained that two-thirds of the members present must approve
an amendment to the Bylaws, which will then be placed on a ballot
to be mailed with the January Conch. A minimum of 600
votes must be received and two-thirds of those votes must approve
before the Bylaws can be amended.
Additional General Meeting: Robin Wright said that the
rationale for the third annual meeting is to provide the membership
opportunity to meet at 4-month intervals; the current arrangement
allows two meetings per year, at 4- and 8-month intervals.
Robin Wright moved to amend Bylaws Article VII, Meeting
of Members, Section 1, Membership Meetings, as follows:
Section 1: Membership meetings shall be held three times
a year. The first meeting to be held within the first sixty
(60) days of the calendar year (presently January or February)
[delete and] the [delete last]
second meeting to take place, within forty-five (45) days
of the fiscal year (presently May 15 through June 30), the
third meeting to take place during the month of October for
the purpose of transacting such business as may come before the
meetings. Each member will be mailed a notice of the time and
place at least thirty (30) days prior to the date of the membership
meeting. Information regarding the proposed agenda and proposals
will be included with the meeting notice.
Douglas Hough seconded the motion, which passed overwhelmingly.
District Realignment: JoAnne Backman presented the
proposal, using Association roads and boundaries to separate the
nine districts into blocks of similar population, simplifying
district structure and description. She explained that the current
alignment leaves many owners uncertain which district their lot
is in. The new alignment will facilitate district-based activities,
including finding volunteers for director seats; supporting nominating
committees in soliciting candidates for expiring terms and vacancies;
reaching participants for alien species control, park development,
road paving, roadside cleanup, etc.; connecting directors and
their constituents; and improving staff communications with residents
regarding districts. JoAnne said that "no sitting Director
will be affected by this change."
Ron Phillips moved to table the motion; Charles Cartwright seconded.
Bobbie Alicen pointed out that no motion had been made; therefore,
it could not be tabled. Frank concurred.
Gary Jung and Charles Cartwright agreed that the membership needed
more time to consider the proposal.
Mary DeVincent asked that the membership discuss the proposal
before tabling it.
Carlton Stout and John Schinnerer argued that the proposal has
been considered for several months prior to this meeting, and
members have had time and means available to inform themselves
of its provisions.
Ron Phillips questioned whether the proposed changes could allow
a Director to serve more than two terms of office.
Suzanne responded that the Bylaws state that a Director cannot
serve more than two consecutive terms, regardless of which district
he represents or how many lots he owns in different districts.
JoAnne Backman moved to revise Bylaws Appendix A , Voting
District Description, as follows:
Side or Lateral Boundary Key: mauka=mountain side; makai=ocean
side
District 1
Subdivision boundary (Hilo side and Pahoa side) Pohaku Circle
to Highway 130 (mauka)
Subdivision boundary (Hiilo side) to Kaloli (Hilo side) Highway
130 (makai) through road 20
District 2
Subdivision boundary (Hilo side) to Kaloli (Hilo side) Road
19 through road H (Loke)
District 3
Kaloli (Pahoa side) to Paradise (Hilo side) Highway 130
(makai) through road 19
District 4
Kaloli (Pahoa side) to Paradise (Hilo side) Road 18 through
road 6
District 5
Kaloli (Pahoa side ) to Paradise (Hilo side) Road 5 through
Beach Rd.
Subdivision boundary (Hilo side) to Kaloli (Hilo side) Beach Rd.
Subdivision boundary (Hilo side) to Paradise (Hilo side) Beach
Rd. to the ocean
District 6
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Highway 130 (makai) through road 25
District 7
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 24 through road 17
District 8
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 16 through road 9
District 9
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 8 through to the ocean
and to revise Appendix B (map) as set forth in Appendix B revised 10/2006. Douglas Hough seconded the motion, which passed unanimously.
Voting Count: Walter Bell explained that a motion passed
at the February membership meeting provided for an "instant
runoff" to achieve a majority vote for election of directors
with more than two candidates. He said the Association cannot
afford the time and expense of a second election when no candidate
receives a majority.
Ron Phillips said that Hawaii Revised Statute 4014 defines majority
vote as "whoever gets the most votes." Walter responded
that the Association's Bylaws define majority vote as "a
vote of more than one-half the votes cast." He said that
if there is no clear majority, "there are more against you
than for you." Charles Cartwright said that state law has
precedent over Association Bylaws and suggested amending the Bylaws
definition.
Bobbie Alicen explained through example how the instant runoff
would work.
Ron questioned the legality of the amendment. JoAnne asked what
legal counsel's response on the question of legality was; Ron
said unfortunately the attorney was not available to respond.
Walter Bell moved to revise Article VIII, Section 5, Election,
of the Bylaws as follows:
h) Each year, subsequent to the initial election, the members
in each voting district whose board representative's term expires
shall elect a new director by secret mail-in ballot.
A successful candidate shall obtain a Majority Vote.
When there are more than two candidates for the office, an instant
run-off ballot shall be prepared in which a vote is case for first,
second, third choices (as may be required on the basis of candidates
running), in which each voter ranks candidates in order of preference,
from the one most wanted to the one least wanted to be elected.
In the event the first choice candidate does not receive a majority,
the votes are counted as follows: The Candidate with the fewest
votes is eliminated, and the second choice votes of those ballots
are added to the votes already received. The process is repeated
when there are more than three candidates until a candidate receives
a majority vote.
Directors elected after the initial election shall hold office
for a period of three (3) years and until their respective successors
have been elected, subject to removal as herein provided.
Douglas Hough seconded the motion, which passed overwhelmingly.
Owner Input: The owner input was facilitated by Kerry
King.
Barbara Kahn-Langer asked the Board of Directors to address the
issue of Director absenteeism at its November meeting. She said
that most of the Directors are diligent in attending meetings
and serving on committees, but others simply do not show up.
She suggested that if a director is absent for three regularly-scheduled
meetings in a row, that that director be deemed "no longer
willing to serve" and his/her seat be announced as vacant
at the next meeting. She further suggested that if a director
misses four meetings, that also constitutes a vacancy.
Erhard Autrata said that HPP has "no way out" in case
of a major fire within the subdivision. He emphasized the importance
of a second road to Hilo, because Highway 130 is inadequate for
the volume of traffic required to evacuate the subdivision. Jim
DeVincent said that there are other roads which go up the mountain;
people would not have to turn toward Hilo on 130.
Jim Brown said that the recent heavy rainstorm has damaged every
road in the subdivision. He asked whether the grader is running
and cinders are being recovered.
Karen Annin said that ENET is working on evacuation routes, primarily
from 2nd Ave. to the ocean in case of tsunami. They are concerned
with contacting and helping residents, especially those with special
needs. Another concern is obtaining contact numbers for vacation
rentals. She said the next issue of The Conch will contain
an information form for this purpose.
Carlton Stout said there is a link on the HPPOA website for an
informal site where members can voice their opinions or bring
up issues.
Bruce Derrick said he is a new owner who was concerned that following
the earthquake there was no communication-internet, electric,
cell and regular phone services were all interrupted. He said
even the few radio stations operating offered no information.
Suzanne said that only two stations were broadcasting after the
quake. She suggested that residents purchase a weather radio
for emergencies.
David Faulkner suggested that nine directors are not adequate
for the expanding population of the community. He suggested that
the community be divided into more than nine districts. Another
possibility would be for each road to elect a block representative
who could speak to their director about issues and concerns.
Douglas Hough said that making the shoulder lane of Highway 130
from Shower to Kea`au into a permanent lane is a multi-million
dollar project based on the faulty assumption that most of the
subdivision's traffic originates on Shower Dr., when in fact many
drivers are simply taking 28th across to Shower before getting
onto the highway. He asked the community not to support the proposal.
Jim DeVincent said that residents who are interested or concerned
about emergency and evacuation issues can participate in meetings
or join ENET. Their next meeting will be 6:00 p.m. November 1,
in the library. He said the Association owns a radio repeater
and ENET is presenting a request before the County Council for
funding for emergency radios to keep rescue workers in communication
with one another.
Karen said that Mary DeVincent has devised a website for ENET,
with a link from the Association's website at www.hawaiianparadisepark.org.
Charles Cartwright said that battery-powered amateur radios can
be used to provide information during emergencies, also.
Walter said that a group is organizing a celebration of HPP's
35th anniversary for the summer of 2007; all interested volunteers
may email their name, address and ideas to the HPP email address,
hppoa@interpac.net.
Barbara said that people without internet need to devise a way
to inform themselves of community issues and activities.
Lloyd Cabral said that the Red Cross and Civil Defense recommend
that all residents keep a supply of water, food, blankets and
first aid equipment on hand in case of a large-scale disaster.
Bobbie said that the County is willing to provide materials for
school and Hele-on bus stops within the subdivision if the community
provides labor. She said there is a sign-up sheet in the office
for volunteers to help with this project.
Lloyd said that approximately one hundred people attended the
successful Park Awareness Day the previous day. Seventy-two surveys
were completed; the survey is also printed in The Conch.
He thanked the police, volunteer firefighters and local businesses
and crafters who supported the event.
Frank said that the community has a number of active committees,
including ENET, the Parks Committee, and the Bylaws Committee,
composed of resident volunteers.
Suzanne said that the grader is working eight hours a day to make
the roads passable again. A number of residents cleared their
own roads with backhoes following the storm.
David Faulkner said that heavier gravel such as was used on 32nd
Ave. lasts longer.
Suzanne said that she estimates that $170,000's worth of materials
was lost during the storm; the crew is doing what it can to recover
cinders and gravel from low spots and driveways.
Douglas Hough moved to adjourn the meeting. JoAnne Backman seconded; the motion passed.
Adjournment: The meeting was adjourned at 5:03 p.m.
Respectfully submitted by:
Kirstie Goin, Recording Secretary
Lloyd Cabral, Corporate Secretary
Motions Log Special Membership Meeting 10-29-06
Robin Wright moved to amend Bylaws Article VII, Meeting
of Members, Section 1, Membership Meetings, as follows:
Section 1: Membership meetings shall be held three times
a year. The first meeting to be held within the first sixty
(60) days of the calendar year (presently January or February)
[delete and] the [delete last]
second meeting to take place, within forty-five (45) days
of the fiscal year (presently May 15 through June 30), the
third meeting to take place during the month of October for
the purpose of transacting such business as may come before the
meetings. Each member will be mailed a notice of the time and
place at least thirty (30) days prior to the date of the membership
meeting. Information regarding the proposed agenda and proposals
will be included with the meeting notice.
Douglas Hough seconded the motion, which passed overwhelmingly.
JoAnne Backman moved to revise Bylaws Appendix A , Voting
District Description, as follows:
Side or Lateral Boundary Key: mauka=mountain side; makai=ocean
side
District 1
Subdivision boundary (Hilo side and Pahoa side) Pohaku Circle
to Highway 130 (mauka)
Subdivision boundary (Hiilo side) to Kaloli (Hilo side) Highway
130 (makai) through road 20
District 2
Subdivision boundary (Hilo side) to Kaloli (Hilo side) Road
19 through road H (Loke)
District 3
Kaloli (Pahoa side) to Paradise (Hilo side) Highway 130
(makai) through road 19
District 4
Kaloli (Pahoa side) to Paradise (Hilo side) Road 18 through
road 6
District 5
Kaloli (Pahoa side ) to Paradise (Hilo side) Road 5 through
Beach Rd.
Subdivision boundary (Hilo side) to Kaloli (Hilo side) Beach Rd.
Subdivision boundary (Hilo side) to Paradise (Hilo side) Beach
Rd. to the ocean
District 6
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Highway 130 (makai) through road 25
District 7
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 24 through road 17
District 8
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 16 through road 9
District 9
Paradise (Pahoa side ) to subdivision boundary (Pahoa side)
Road 8 through to the ocean
and to revise Appendix B (map) as set forth in Appendix B revised 10/2006. Douglas Hough seconded the motion, which passed unanimously.
Walter Bell moved to revise Article VIII, Section 5, Election,
of the Bylaws as follows:
h) Each year, subsequent to the initial election, the members
in each voting district whose board representative's term expires
shall elect a new director by secret mail-in ballot.
A successful candidate shall obtain a Majority Vote.
When there are more than two candidates for the office, an instant
run-off ballot shall be prepared in which a vote is case for first,
second, third choices (as may be required on the basis of candidates
running), in which each voter ranks candidates in order of preference,
from the one most wanted to the one least wanted to be elected.
In the event the first choice candidate does not receive a majority,
the votes are counted as follows: The Candidate with the fewest
votes is eliminated, and the second choice votes of those ballots
are added to the votes already received. The process is repeated
when there are more than three candidates until a candidate receives
a majority vote.
Directors elected after the initial election shall hold office
for a period of three (3) years and until their respective successors
have been elected, subject to removal as herein provided.
Douglas Hough seconded the motion, which passed overwhelmingly.
Douglas Hough moved to adjourn the meeting. JoAnne Backman
seconded; the motion passed.
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