KULA
KAI VIEW ESTATES
BOARD
OF DIRECTORS
MEETING
AGENDA
JANUARY
5, 2008
3:00PM
AT THE OLD MISTER
BELL’S RESTAURANT
CALL
TO ORDER
Karen
calls the meeting to order at 3:00pm.
ROLL
CALL
Directors
Present: Don Coons, Paul Meyers, Rod Frost,
Larry Hayes, Karen Kudlo, Rex Brumley,
Ron Hawkes, Barb Capocy,
Arleen Meyers, K.., Alice Moon, Helen Donovan, Gary Kneeland,
Rich Bradley
Officers
Present: Barb Capocy,
Larry Hayes, Karen Kudlo
Directors
Absent: Ken Simon, Al Bowler
Barb
passes a sign up sheet for everyone to sign in.
Everyone at the meeting introduces themselves.
Welcome
to Rex Brumley and Barb Capocy,
new director taking Johnny Waller’s place and new secretary, replacing Ric Elhard/Arleen Myers.
Karen
thanks Arleen Myers for all her work.
STATEMENT
ON AGENDA ITEMS
(Open to all residents)
Karen
asked the visiting residents if they had any items to add to the agenda. No items added at this time in the meeting.
APPROVAL
OF MINUTES OF DECEMBER 12, 2007
Minutes
of December 12, 2007 meeting were passed out by Barb Capocy. General agreement among all directors was
that the minutes were lengthy and they wanted time to read them before
approving them. Karen requested any
comments or corrections be sent to Barb.
Changes that affect meaning will be discussed at the next meeting. Karen motions for reading the minutes at the
next meeting. Approval of minutes was
set for the next meeting.
DISCUSSION
OF WRITTEN COMMUNICATIONS
Karen
asks if anyone has any letters sent to the board. No one else has any letters.
Letter from Rhonda Doyle submitted by Karen. Karen gives the letter to K..
and asks if she has any comments. K.. responds no.
Don
submits a copy of the violation letter sent to Mike Florez
signed by Karen. This letter was
discussed at a previous meeting when it was said that he was not sent a letter
of violation.
Letter from Mike Florez
submitted by Don about Paul Myers’ TRO against him.
Paul
says “this is ridiculous” about Mike’s letter.
Karen explained the letter from Mike and suggested the association send
a letter to Mike saying it is a private matter.
Paul said it is not a private matter.
Karen said she will send a letter maintaining it is a private
matter. Rod said he has spoken to Mike
and said it is a private issue between Mike and the Meyers and it has nothing
to do with the Association as a whole.
Don
reports he explained to Mike this was a private matter between him and Paul
Myers, but Mike wanted him to bring the letter to the board anyway.
REPORTS
Secretary.
Karen
asks for Barb Capocy to tell everyone what she has
been working on since elected. Barb
reports that she has been busy transcribing the December 12, 2007 meeting
minutes and getting the agenda printed and posted for the current meeting. She has been collecting the secretary files
from Johnny and Ric and working on making sense of
the membership listing and creating a label-ready list. Ron said he has such a list compiled.
Karen
suggests a deadline for items to go into the annual letter.
Don
brings up the problem of not finding the tape recorder in the secretary’s
files. He suggests purchasing another
one. Karen says she thinks we need two. She asks how much tape recorders cost. Don reports we paid 60 dollars for ours but
we need one we can download to a laptop computer. Karen asks if Don and Barb want to go
shopping for a new tape recorder. They
agreed that they would.
Don
made a motion to purchase two tape recorders for meetings since we cannot
locate the association’s. Karen repeated the motion changing it to “All
in favor of Barbara Capocy to purchase a tape
recorder able to download information to a laptop computer and using her good
common sense by not spending a thousand dollars and then Don Coons will donate
this one as a back up”: passed
unanimously. Karen directed Barbara to
go get a tape recorder and said if it is a little pricey she would purchase it
with the association checkbook.
Treasurer.
Don asked where we stand on the 2007 dues. Karen said we need a hit list of those who
haven’t paid.
Karen
asked Arleen where we were on delinquent dues for 2007. Arleen said a second
notice needs to be sent for those who haven’t paid. Barb told Karen she has a check from K.. for dues. Karen said Arleen, Barb, and her need to get
together to go through who has paid and not and who needs to get a letter.
Don
asked how much money we have on hand.
Karen reports we have a checking account and a State Farm CD investment
account.
$21,000
on hand in checking account, CD is roughly $33,000.
OLD
BUSINESS
Gate Camera.
Arleen reports Ted has the gate camera and is
waiting on some software. Karen asks how
much the camera cost. Arleen reports it
cost $1,300 for camera, about $300 for stuff to put it together. Karen asks if this was the camera that was
voted on. Arleen reports that the camera
was voted on in 2006 (up to $3,000); with a vote of confidence in 2007. There was another vote at the annual
membership meeting regarding a camera system (which included the already
purchased $500.00 camera). Ron reports
that one camera was originally purchased for $500.00 in 2006. It was declared not sufficient for the job
and another camera was suggested for purchase and installation so the view
would be adequate from two cameras; one was to be looking forward at the cars
and the other looking at the back of the cars.
Arleen said there were two separate votes and it was in the
minutes. Arleen said the vote of
confidence for the cameras and a vote for Ron’s system of multiple gate codes (each person having
their separate code) was on March 12th at annual meeting last year
and the board asked Ron to get written costs.
Arleen reports Ron said he and Ted said they would install for free; Ted
reportedly disagreed that he installs for free.
Ron said the system costs $2800 for the system and the gate clickers
would have taken it over $3000, but the gate clickers were to be sold back to
the people so that wasn’t really an issue.
Ron said he thought that was voted on and approved at the annual
meeting. Then he said all the sudden he
was told he needed to go get a bid to have it installed. He did not have the quote on the costs in
writing. Ron said that nobody discussed
the installation costs originally; he had simply said that he could get it
installed for free.
Karen
asks where the $500.00 camera is. Arleen
said that they have it. Karen said she
would be interested in buying it.
Rex
clarifies that we have two issues. One
is the security camera and the other issue is that we have numerous people in
the subdivision that nobody knows and added security was wanted in terms of an
updated keypad.
Karen
said that we now have the cameras but we need more information on the
keypad. Ron said he turned that in a
long time ago. Karen asked if anything
on a gate code system was found in Ric’s files.
Arleen
said she wrote Ted a check for $1700.00 which covered the camera and
installation but did not get an invoice.
Ron asks for an invoice. Arleen
said there is not. Karen said we
shouldn’t have paid for the installation.
Ron
said he heard the discussion on buying the cameras, but had never heard anyone
vote on paying someone for installation.
He said he would volunteer to install them.
Rex made a motion that the Board no longer pay any outstanding bills without a proper and valid
invoice. Don seconded.
Discussion ensued. “no invoice, no
check” was the gist of the discussion.
Individuals should not be paying and then getting reimbursed; the money
should come from the KKVECA directly.
Karen said that sometimes we can get discounts for being a non-profit,
and that everything that gets purchased needs to go through the treasurer and
secretary and that everyone needs to know what’s going on.
Rex clarified that when someone makes a
motion, the secretary records the motion, the secretary then reads the motion
back and there is a vote on the motion.
Vote
Yes:
Don and Ron and Rex
Abstain:
Rod and Paul
Motion Passed.
Paul states he wants to go on record that he
objects to this motion, saying in a written official quote a lot of companies
require pre-payment. Further discussion
ensued.
Discussion about who was signing checks: Karen, Arleen, Johnny, and Al Bowler were the
names on the checking account. K..© comments that she has a check
that was signed by Paul Myers. Karen and
Arleen say that is not possible.
ROAD
REPAIRS
Don
asks what Paul Myers fee is to use his backhoe for the roadwork.
Karen
discussed a volunteer day to fix the potholes, with Paul’s backhoe available
for 30.00/hour. Karen said there is a
hit list for the roadwork and the really bad ones fixed first. Sign to be up on the bulletin board asking
for volunteers.
Karen
said we need to discuss a date for fixing the potholes, with the deadline for
the work being done February 15th.
Don said that weekends are best.
Paul said it has to be dry weather, and that we need an asphalt
rake. It takes 24-48 hours for asphalt
to dry. Larry will check on the
availability of a contractor with an asphalt rake for a Saturday between now
and February 15th. When a
date is set, a notice will be put on the bulletin board to ask for
volunteers. Larry pointed out that we
would have to block off the areas that are asphalted to keep people from
running over it. Arleen discussed the
previous estimates/costs of $8,000.
Rex
said he has never sat on a board that didn’t have a limited discretionary fund.
Rex
moves that we authorize the president to pay up to an additional $1,000 for all
associated miscellaneous costs involved in patching the roads before March 1st,
2008. Rod seconded. Vote:
Yes: all directors present.
Visitor
Rich Bradley arrives. Karen asks if he
has any additional agenda items to discuss.
Rich says not at this time.
Ron
asks that at every meeting a copy of all previous minutes should be available
to aid in discussion and decision making.
ATTORNEY
UPDATE
No
new attorney at this time, reports Paul.
Rex suggested an attorney friend of his named Frank Jung; he will talk
to him some more to see if he would be appropriate.
PICNIC
AND PLAYGROUND AREA
No
new report on the playground/park issue.
Don gave a recap for those who hadn’t heard about it previously. The Association owns lot 3, but it is partly
outside of the gate and not really suitable for a park/playground. He noted the idea of selling that lot to buy
one or more lots further down the subdivision in a more appropriate place. Don recapped the idea of taking this idea to
the Cave Conservancy of Hawai’I to see if he could
get approval to join with the Association to purchase a lot or two for this
purpose. Don noted that the Conservancy purchases lots to create greenspace and protect the caves of the subdivision. Rod stated that there were TWO children in
the subdivision (actually two children and a visiting child). Rex said that with few children in the
subdivision, a playground would not actually be something benefitting the whole
subdivision. Rex also brought up the
liability issue and said we need to be cognizant of the fact that the
Association has assets that could be put at risk. He suggests another way to describe the
project such as a community association pavilion or such. Karen suggested that the word “playground” be
deleted from the project title. Rex suggested
we table the idea until it is decided whether it will be a joint venture with
the Cave Conservancy of Hawai’I or if it will be an
association project entirely.
Discussion
evolved into the CCH kiosk issue. Don
stated that the Conservancy believes it is in full compliance with the
Covenants. Kiosk and sign law to be
placed on the next agenda.
Rex
said the subdivision was for single family residences. Don pointed out that we are not zoned
residential, we are zoned agricultural.
Rex stated concern about commercial activities taking place in the
subdivision.
REQUEST
FOR DIRECTOR RESIGNATION
Ron
Hawkes and Larry Hayes discussed their reasons for
requesting the resignation of Paul Meyers.
Larry explained that Paul seems to be the forefront at the less than
amicable resolutions that seem to be eminating from
the board. Ron said that two issues Paul
has been involved in are the personal issues with Mike Florez
and more recently with the Reyes/Padillas. Ron said he went to talk to Mr. Padilla and
sent a thoughtful, friendly way to the board for distribution to Mr.
Padilla. He said he immediately received
a reply from the Myers that he “didn’t understand the issues”. He also said that Paul reported that he is
“64 years old and in ill health” and he wrote Paul an email that said he should
consider resigning.
Rex
interjects that he thinks the issue is not with a particular director, but Ron
clarifies it is indeed with the way an individual director is pushing the
board’s business. He says the issues get
out of hand before anyone really knows what is going on.
Don
reports that Johnny Waller did not resign due to Mike Florez,
he said there were many reasons Johnny resigned. Ron said he had the same conversation with
Johnny Waller. Paul starts recapping the
speeding incident with Mr. Padilla and how Mr. Padilla called Karen and
“harassed her”. Paul continued by
bringing up the previously discussed issue about how he wanted Barbara Capocy to write a letter he was dictating about how Mr.
Padilla had said to Karen that he could “speed or do whatever he wanted to do
in the subdivision”. Barb interjected
that yes, everyone has seen the emails about the fight we had about the letter
and the demand to dictate the letter and such.
Karen reports that he said he will continue to speed until someone with
a badge tells him to slow down. Karen
asked if it was proper for a board member to write the letter or should it come
from her. Rex said he has sat on a lot
of boards and that Paul and Arleen have a lot of experience to add to the
board. Ron replied that he has also sat
on a lot of boards and that they change board members periodically because new
blood is needed. Karen said she’s going
to go to Mr. Padilla’s house and talk to him whether he likes her or not. Barb says that when Rex was concluding what
the request for resignation was about, Larry was shaking his head and so
therefore he should be allowed to speak about what his reasons are. Larry reiterates what he said at the
beginning of this discussion and explains that he is tired of the
confrontational attitude of Paul on almost every issue. Don asked for Paul’s response to this request
for resignation. Paul replies that Mr.
Padilla still needs to get a letter. Don
reiterates that there is a request for Paul’s resignation. Paul replies “no”. Rex said in the organizational structure the
president is the boss and needs to take charge.
Rich Bradley interjects a Call To Order and
requests to get on with business.
PAUL’S
MOTION
Paul’s
motion is for Barbara to resign due to the Padilla letter incident. Karen said this motion was sent as an email
motion and received no second. Karen
asked Paul if he wants to restate his motion.
Paul says his motion is for Barbara to resign because of her refusal to write
the Padilla letter and he said he thinks her response was “not correct in any
way shape or form.” Karen said it goes
back to what Rex had previously stated about the Organizational Structure and
who is supposed to do what. Karen said
she wanted to make sure that Paul’s feelings were heard and that he received
closure. No second.
SPEEDING
IN KULA KAI ESTATES
Rex
said that the 35 mph was brought up at the last annual board meeting and voted
on. He suggests that Rich bring it up at
the annual meeting if he would like a vote on changing it.
Don
said that it would be nice to put this speeding issue to bed, as it was
discussed at the last meeting to send out a letter but never voted on. Since the meeting, there have been two
letters submitted via email addressing the speeding issue to the board to be
voted on, one came from Ron Hawkes and one came from
Paul and Arleen. The letters read
radically differently. The decision
needs to be made if we are going to send a letter, are we going to send one of
these letters, or what we are going to do.
Rex
moves that if we have speeding issues in the
subdivision in the future, that the president appoint the proper person to send
the offender a letter. Seconded.
Paul
talks about at the annual meeting it was discussed whether the speed limit
would be 25 mph. He also said we were
not talking about a little above the speed limit, we
were talking about going 60, 70, or 80 mph.
Amendment
by Rex includes: “After full review of the board”. Don seconds the amended motion.
Don
amends the motion to say that if we have issues in the subdivision in the
future, that the president will appoint the proper person to send the offender
a letter, after the letter is reviewed and approved by a majority of the
board. Rex seconds. Vote is unanimous in favor of the motion.
Karen
said a reminder regarding the speed limit will be sent in the annual letter.
Paul motions that Mr. Padilla be sent a letter. Rex seconds.
Karen discusses that she will write the letter and personally deliver the letter.
Vote: unanimous in favor.
NEW
BUSINESS
New
Gate Code
New
gate code will be in the annual letter and will be in effect after the annual
meeting, 2/16/2008.
Annual
Meeting Letter and Location
Letter
needs to go out next week. Barb will
receive emails by Monday relating to what should be in the letter. Barb said she will draft the letter and
finalize it with Arleen and Karen’s input.
CPA
Year End Books
Ron
said the deadline for the CPA work will be determined after we decide if there
is going to be any compensation for the officers. Karen asked why that was.
Ron
declares he doesn’t want to do the CPA work if he isn’t getting paid. He said he doesn’t want to volunteer if the
other officers are getting money. Ron
said he has done the tax work for free for two years. Arleen said the board is prepared to pay him
$700.00 for the work but he said he didn’t want compensation. He said the Board should go get bids. Karen suggested that it was up to Ron if he
wanted to charge the association or not.
Don said he was not aware that Ron had done the work for free, and that
he recommended that Ron do bill the association for the work he is doing.
BUILDING
GUIDELINES REVIEW
Ron
passed out his interpretation of the CC&Rs. He said he hasn’t changed the words, just
tried to get a uniform interpretation.
Karen asked everyone to review them for another meeting; Barb will put
them on the agenda. Paul said he does
not believe we can do this without a legal opinion. Don said we need a 60% majority of the
membership to change the bylaws.
Unassigned
Proxy Vote Procedures
Annual
letter will contain the official proxy form.
Karen said she will walk everyone through the proxy procedure. Rod says this is just out of 421 J. Arleen says the only change on the form is
the option to have the proxy used for quorum purposes only. She then outlined the choices that appear on
the proxy form.
Don
said he hopes the confusion that existed at the last meeting regarding proxy
votes is eliminated at the annual meeting.
Karen
said that 421 J is going to be followed strictly. She said that everyone will be given a copy,
it will be posted at the meeting, and it will be explained so there are no
doubts.
Annual
Payments to Officers
Ron
said in his opinion that under no circumstances is the money given to officers
at the end of the year an honorarium.
Ron said that if you are volunteering you should not be receiving
compensation. Rex said the bylaws state
that we can pay the officers.
Ron
wanted to make the motion that officers not be paid. Rex said that he cannot make that motion at
this time. Don states that we can pay
our officers, and he said what is really unusual for this organization is that
our officers cannot vote. They do all
the work and they can’t vote. Don went
on to say that he thinks they deserve some sort of compensation to do that and
it needs to be taken into consideration.
Paul
also says there is a huge amount of work involved. Arleen says this gets discussed at the annual
meeting.
Rex
says that an option is to hire a licensed individual to handle these
positions. Karen said that these
management companies come and go like the wind and that she has had nightmare
situations with the management companies lying, cheating, stealing,
with total access to checking accounts.
Rich suggests making the job a zero compensation job. He states that it needs to be either a fixed
amount or no amount. Karen said she
agreed. Don made note that the
organization went for quite a few years with no officers at all because nobody
wanted to volunteer. He said that
compensation is going to get you officers, if you don’t put it out there you
may end up with nothing. Rich said that
maybe that was ok to not have any officers.
Rex said that at the annual meeting anyone can raise the motion of
payment to officers. No motion to change
the compensation at this time because it has already been decided on. At the annual meeting a motion to fix the
payment to officers in the future may be made.
BULLETIN
BOARD
Karen
says we need a proactive bulletin board.
The minutes for this meeting go up on the bulletin board as soon as they
are approved. Future agendas will go up
on the bulletin board. The minutes from
the December 12, 2007 meeting will not go on the bulletin board because it was
an executive session.
K..
said nobody has permission to use her name or post her name unless she has
given them permission. She reports her
name has been copyrighted. There is a
$500,000 dollar fine for illegal use and she is putting the board on
notice. Rex moves that we get a legal
opinion how to address her pertaining to the copyright of her name. Paul seconds.
Discussion includes Rex asking K.. for a copy of the copyright.
Barb says she has seen the copyrighted paperwork. Karen states we need to have a copy of the
copyright for the board.
Vote: Yes:
Paul, Rex, Rod, Ron. Abstain:
Don. Motion passes. Don says he thinks there is more constructive
ways to spend association monies.
Paul
interjects and asks K.. if
she is a property owner. K.. asks Paul why he is asking her such a question in the
middle of a discussion about her copyrighted name. Paul persists in asking her if she is a
property owner. She says yes she is.
Karen
goes on to say that we cannot send her any mail, can’t give her a ballot, can’t give her any notification until we get a legal opinion
on how to address her. Barb wonders why
we can’t just send her a letter saying “To Whom It May Concern.” (Secretary’s note: we don’t send ballots in the mail anyway.)
WEBSITE
Don
says the website should be password protected if the minutes are going to be
posted.
More
discussion will take place about the website at the annual meeting.
RELATED
BOARD MEMBERS/OFFICERS
No
comments by any board members except that Arleen said it is off the agenda.
ANNOUNCEMENTS
K.. makes a motion for the association books to
be audited. Don seconds for sake of
discussion. Don says it’s in the
bylaws. Rex says in order to get an audit
in the state of
Rod
says no director, officer or member shall serve as auditor of the
corporation. Rex says since the motion
is now on the table it either has to be voted on or the motion withdrawn. K.. withdraws the
motion. Don asks Ron what he would
charge. Ron says in his professional opinon that he wouldn’t touch it but if he did do it would
be around 8-10,000 dollars.
Don
thanked everyone for coming and said it’s the most productive and
non-confrontational meeting that he’s attended.
Karen said she agrees.
Rex
thanks Ron for all the time he’s spent on the Association. Arleen said that all the membership thanked
him when it went out with the minutes.
SCHEDULE NEXT BOARD MEETING: Feb 16, 2007 after the annual meeting.
ADJOURNMENT: Motion to adjourn 5:37pm: Rod, Second:
Don.
Meeting
Adjourned.
_____________________________________________________________