November 2007 Board Minutes

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Minutes of KPHA Board Meeting Thursday November 8th, 2007 at 5:30 pm

A. Call to Order. The meeting was called to order at 5:30 pm by Maria Sullivan.
The following Board members were present for the Board meeting: Fred Clews (171), Peter Fuller (43), Pat Harris (134), Mary Anne Hill (39), Jeff Spencer (233), Maria Sullivan (99) and Juanita Colon, Manager. Don Borden (143), Tom DeCourcy (94), Jim Fader (52 & 74) were absent. Several homeowners were present.

B. Review of Oct 18th and Oct 25th, 2007 minutes.
The minutes of the October 18th, 2007 meeting and Oct 25th, 2007 were unanimously approved.

C. Manager’s Report: Juanita Colon
Juanita Colon reported about attending Total Maximum Daily Load (TMDL) /water quality training is being held on Oahu in October.

D. President’s Report: Maria Sullivan
The Petition to Convert the Maintenance Trust to a Capital Reserve was granted by the Court on September 26, 2007; the Order was signed by the Judge October 30, 2007. Any party may appeal the order until November 30, 2007, at which time it becomes final. The investment of the funds is still to be determined under the supervision of the Board, Treasurer and Finance Committee.

Negotiations continue with Pural as to accounts payable. We still dispute the bill but propose to send them $10,000 in partial resolution of the charges in order to reduce the interest of we may owe.

Don Mahaffey (239) in a letter to the Board requested a credit to his water bill (excess water usage), due to a leak on his property that occurred while he was away, though he did have people staying at his house. In accordance with the Board’s Policies, Maria Sullivan made a motion to deny a credit/refund. Pat Harris seconded the motion.
Discussion followed. Fred Clews proposed an amendment to the motion to charge only for the extra electricity it cost to pump the excess water. Peter Fuller seconded the amendment. Discussion followed. The Board voted to pass the original motion without the amendment:
5 for, 1 abstention.

Peter Fuller (43) asked in writing that a water bill be established for his property, as his water meter had been broken the months of July, August and September. The meter was replaced in early October. Pat Harris proposed a motion and Jeff Spencer seconded that Peter Fuller be charged $15.00 for each of the months of July, August and September (total $45.00). as the June water bill before the water meter broke was $15.00.
The motion passed: 3 votes for, 2 abstained, Peter Fuller recused himself.

E. Committee Reports:
1. Water Committee: Bob Granger
Bob Granger is now part of water working group for Molokai. The group is made up of representatives of Hawaiian Homes, Maui County, MPL and Kawela Plantations. At the last meeting there was a presentation by USGS. The open meetings are held at 6-9pm at one of the Kulana `Oiwi office complex. The next meeting will be held in January.

Expenditures will be broken down into Operational and Long Term Improvement

A memo regarding the Major water system improvement project was circulated.
Well 3 – new hole to be drilled,
Well 2 - new hole to be drilled
Breadfruit Well - possible conversion study to be completed Feb- June 2008.
Motion to approve, in principle, what has been recommended by the Water Committee (See memo) including the associated estimated costs of $210,000.
Motion passed 5-1.

103 lots are billed for water supplied.

Backflow testing will cost $75 per meter. Those that fail will need to be fixed and retested.
Motion: The KPHA Board agrees with the work done by Fred Clews and Bob Granger to have Todd Svetin complete the back flow testing to comply with the Law of the State.

It was stated that Beylik still needs to file the over due report to the State.

2. Finance Committee: Fred Clews
The Finance Committee had worked on and Fred Clews presented the proposed Budget. As there had been extensive discussion at the October meeting on line items there was only brief discussion.
• Due to overall increasing costs there will need to be an increase in the quarterly Maintenance fees for 2008. The fee for 2008 will be $422/quarter.
• The Revised Reserve Study demonstrated the need for Capital Reserve contributions. The contribution will be $85 /quarter.
The Board voted unanimously to approve the Budget.

There was discussion as to Out of Scope work related to water:
Maria Sullivan proposed a motion that the Board approve Pat Harris, Jeff Spencer, Fred Clews, as a work group to unanimously approve invoices over >$3000 - < $20000. As appropriate they will consult the water committee. A notebook of Wai He Nui quotes will be made available for review by any member. The work group will expire at the next Annual meeting.
WHN’s contract will be reviewed in January.

3. Common grounds: Dave Hafferman
Report as submitted.
a.) Re structure on Del Monte Park –deferred.
b.) The Archaeological study of the Cultural Preserve was discussed. An Informational Special meeting about the Cultural Preserve will be arranged for the KPHA Board. Dave Hafferman will coordinate the meeting with the visit of Marshall Weisler, one of the authors of the study.

4. Design Committee: Judy Bittenbender
While reviewing Lot 48’s proposed plot plan, it became evident to Design Committee members that Lot 61 was keeping swine (3-4 pigs) on the property. Pat Harris proposed a motion to write a letter to Lot 61 owner, indicating that it was against KPHA’s DC & R’s to keep swine (pigs) on a lot, and ask that they be removed by January 31, 2008. Jeff Spencer seconded the motion and it passed unanimously.

F. Old Business.
1. Renewable Energy - Pat Harris stated that there would be short meeting of the Alternative Energy Committee for those interested on Monday November 12th at 5.30pm in the clubhouse.
2. A holiday gathering will take place on December 15th.

Next Board meeting December 18, 2007 at 5.30pm.
On unanimous approval, the meeting was adjourned at 9.40pm.

Respectfully Submitted,
Mary Anne Hill
KPHA Board Secretary

Note—KPHA members may request committee reports from the KPHA office.