March 2006 Board Minutes

Minutes of KPHA Board Meeting March 27, 2006 5:30 pm

The meeting was called to order at 5:45 pm. The following Board members were present for the Board meeting: Ray Foster, Liz Hyde, Richard Messina, Peter Fuller, Dave Hafermann, and Maria Sullivan. Jay Anderson, Tom DeCourcy, and Darryl Leer were not present. Also present was Office Manager Juanita Colon, Water Chair Dick Glenn, and lot owners Judy Bittenbender (99), Jylyn Stubbs and Darlene Heil (123) and Don Borden (143) were also present.

Review of February 21, 2006 minutes. The minutes were reviewed and approved.

Manager’s Report-(see attached.) MOC waived the $2500 bill for January services as only 4.5 hours (with crew of 6 to 10 persons) was provided. Currently MOC charges KPHA $2500 per month, based on an overall description (description is included in manager’s report). Don Borden and Juanita Colon will work on a list with a per item/charge, to be completed by potential vendors. Ray suggests that MOC submit an itemized proposal. (itemized by work item).
The Board authorized the purchase of PDF (about $190) to allow scanning of DC & R’s to post them on the website.

Committee Reports
Water Report (by Dick Glenn)—See attached. Foster moved that we contract with Tom Nance for a salinity study/evaluation, and to help us devise a plan/strategy to address Maui County’s plans, preservation of our water source, and to provide another consultation. Sullivan seconded the motion. The motion passed with Foster, Sullivan, Hafermann, Messina, Fuller and Hyde voting yes; no No votes. Dick Glenn will provide a list of issues, and work on a format for the meeting. It was agreed that we have a KPHA field trip (all owners could attend) to review the water system on April 29.
Finance Report (by Liz Hyde) Four owners have not paid either maintenance and capital assessment. Four owners have not paid the assessment. Lot 181 is in foreclosure for unpaid fees. Lot 25 said she would bring fees current. See attached Balance Sheet and Profit and Loss Statement.
Hafermann moved that we continue the capital reserve assessment for the year, until the maintenance trust is converted to a capital reserve. Sullivan seconded. For – Foster, Sullivan, Hyde, Hafermann. Oppose-Messina. Abstain – Fuller. Hyde moved that we explain in a letter to the membership in a letter that how the capital reserve assessment funds will be spent. Messina-seconded. Yes- Foster, Sullivan, Hafermann, Messina, Fuller and Hyde voting yes; no No votes. Foster drafted a letter to be sent and the Board reviewed and approved.
Foster moved that we send the statements on the lst business day of the 1st month of every quarter. Fuller seconded the motion. For-Foster, Messina, Fuller, Hafermann, Sullivan. Against-Hyde.
Common Grounds (by Dave Hafermann). There is monitoring of erosion by USGS Honolulu. Nature Conservancy is fencing on the upper limits of KPHA to limit goat destruction.
Design Committee-Foster, Hafermann and Messina will review plans submitted by lots 238 and 119.

Old Business
Ownership Records-We have a deed for every single property. We have current contact information on all lots except 1. (Yee Hop Realty)
Proxy Ballots for March 11 Meeting-A special meeting was held on March 11, 2006 to address the issues of charges for water, conversion of the maintenance trust, and equal assessment. Separate minutes will be provided for that meeting. That meeting was adjourned to be reconvened on April 22, 2006 at 9 am at the KPHA clubhouse. The Board will be contacting members who have not voted/returned a proxy. Secretary Sullivan indicated that the KPHA lawyer was contacted about how to vote proxies, wherein the owner voted “no” on an issue, but gave their proxy to the Board that had voted “yes”. The lawyer’s opinion was that the Secretary was to tally a vote exactly as listed by the owner, even though the owner gave their proxy to the Board. All proxies will be counted on April 22, 2006. The lawyer’s opinion affected 3 votes on issues 1 and 3. (The vote as announced on March 11 overstated issues 1 and 3 “yes” by 3 votes each). The Board set up a calling list to contact owners who have not returned proxies.

New Business
Annual Meeting. It was moved (by Sullivan) and seconded (by Hafermann) and unanimously approved (Sullivan, Foster, Messina, Fuller, Hyde, Hafferman) that the annual KPHA membership meeting will be held on Saturday May 27, 2006 at 1 pm at the KPHA clubhouse. Juanita Colon will mail the meeting notice on April 3 with the statements to all members.

The meeting was adjourned at 9 pm.

Respectfully Submitted,

Maria Sullivan
KPHA Secretary