Mark Your Calendars

Watchdog © 2011

For regular readers of Watchdog's area this is not news. But, if you are stopping by on your way over to the 'official' website then you may not be aware this Thursday evening at 6P there is a special meeting of the Board scheduled. You need to plan to be there. The Agenda is as busy as always and decisions will be made you may wish to speak to. 

Since there is no agenda posted to the 'official' website I will give you the list that the meeting was called to consider. Understand, this is not a complete list. But it is sufficient to warrant your attention and attendance.

On this list you will notice the 'Agreement' listed for discussion. This Agreement is a DANGEROUS precedent to be set by this or any Board. It is dangerous for the unsuspecting Member who signs it because they are asked and has nary an ounce of malice in their intent. Dangerous because they do not understand the mere 'sharing' of information with someone who has not signed the 'Agreement' appears to lead the unsuspecting and innocent Member into the target zone for litigation. There are Members in our community who are well connected with reporters, who even share their opinions in the local 'editorial' section of the East Hawaii paper. Imagine what may happen if information about 'secret meetings' or 'Agreements' that are overkill for our Association or a Board running wild and the individual actually signed the 'Agreement'? Never understanding that merely sharing their opinion with someone who has not signed the 'Agreement' could lead them to any number of scenarios that could prove uncomfortable. As a matter of consideration, let's take the matter from a different perspective. Say the individual did sign the 'Agreement' then did share the information -- what now? The Board has just lined themselves up to initiate some injunction/lawsuit? If so, why? Do you know why this has all evolved? Because Members of the community, who did not see a couple of petitions which had been widely circulated through out the Pahoa area, and which were introduced into the record of a the 2011 Annual Board Meeting, but were not permitted to be viewed by anyone who wished to see them, DO wish to see them. Much ado about nothing! If you sign your name to a document that you know will be used to accomplish some purpose you best be ready to stand by your signature when it winds up becoming law. What fool does not understand -- you sign a petition it is with the intent of enforcing it. But, wait! What is the big deal? You signed it, you own it, why the secrecy? Finally, the Board decides to make them available but to require an affidavit be signed by the Member. Then, the Board is told an affidavit must be signed by a notary to become binding so they whip out a huge crushing ball of a replacement document, the 'Agreement'! You simply must see it to know what it contains. If you have seen it and believe it is 'just fine' 'no problem' then sign it. Remember, it is still binding even after it is terminated! Remember, because your liability at that point is also binding, even after it is terminated. 

So, besides the 'Agreement' what else:

1. ·         Termite quotes should be available – decide on company
2. ·         Decision on whether to change banks
3. ·         Agreement/affidavit: decide what information it will apply to and who can execute on behalf of HSCA
4. ·         Member's  contract to take Minutes
5. ·         Recommendations from HR and Finance committees

Now, you might be wondering 'what recommendations' from the HR and Finance committees? When did those meetings happen? Where was the notice? Yeah, no, those are valid questions. Just picture ::::smile; nod; dismissed::::

Dollars and Sense

Watchdog © 2011

The first meeting of the 2011 Finance Committee was held 04/21/11 at the Honu Street Recreational Facility. Nah, don't bother to look at the calendar to see if you missed something. You did. It was not posted to the calendar nor to the 'announcement' section at the 'official' website. However, if you are a regular visitor to the Watchdog's blog you will have read of the meeting here. 

It was a calculated meeting [puns always intended] a sort of dress rehearsal for the actual 'scheduled' Finance Committee meeting scheduled for 0930 on Saturday, May 14; this is just before the Regular Board meeting commences. There were 5 directors and 2 members present for the meeting. 

The Agenda was as follows:

1. Actual costs associated with the water system
2. Solicited bids/suggestions of/from CPA’s to do audit 
3. Change the Fiscal Year 
4. Petty cash debit card 
5. What to do with Foreclosed Property  
6.  Pool and Office power usage 
7. Analyze capital expenditures – budget

This is an outstanding agenda. All issues that should be reviewed; some annually, some periodically.  Over the years most of the agenda items have been discussed by the Finance Committee and the Boards.

In a nut shell, as a recap: The thinking on costs associated with the water system? They should reflect actual staff time spent while working directly with the water system; and costs associated with billing and collections. [There was a 'CPA' who has suggested using an online firm for billing and collection for 'cost savings' and convenience for members who take care of business online. Not to worry though, for those who 'prefer a "touchy feely" experience' the office will still be a pay point.] It appears the time cards will eventuate to a tasks performed orientation with staff itemizing their work day according to projects. For instance, if an employee works on the water system, the road shoulders, the pool, etc, they will likely be noting the 'asset' and the actual time worked. 

They have made a decision on their auditing firm for the next audit period and will make their recommendation to the Board.

Changing the fiscal year will be researched and elaborated on at a later date. 

There is a bid being prepared for the Board to consider regarding an alternative power source for the pool. The electric bill for various consumption points is moving higher and higher as our power company charges go up.

Discussion to analyze and identify capital improvement projects for the next 5 years was vigorous and as an initial discussion was productive. 

All in all, it was a positive committee meeting. The Finance Committee for the past 3 years has been one of the most productive committees in terms of project analysis. The Directors present respected the view points of those who commented. They solicited historical information from those present who have some experience with the topics under discussion. 

While it is unclear why this Finance Committee meeting was not noticed to the community; why it is happening now and again on May 14th when none of the other committees are also meeting this month; it was nonetheless a productive meeting with only a couple of negative references to the current 'status quo'. This marks a stark movement away from the 'blame' that has dominated the past few meetings with regards to who did what, when and why. It was most encouraging to hear one of the members -- who has served on the committee for two years and has just been re-elected to the Board -- state there needs to be 'some trust' given to the staff! This was met with an affirmative nod from the majority of the members, even if the nod was side to side by some in acquiescence. That is progress over the years of accusations of fraud, theft, etc. 

As a note of interest: Most Committees designate a chair and a regular time of meeting at their initial meeting. Ad hoc committees are formed annually as the needs of the Association are identified by the Board. If the Chair is not appointed by the Board at the formation then typically the committee will follow Robert's Rules of Order in electing a chair. Generally, the Chair ascertains from all members when a convenient time for meeting monthly would work for the various members. None of this was done. The Board's Chair assumed the 'Chair' position for the committee and at least one of the directors/members was surprised to find out when the next Finance committee meeting was scheduled. [I suspect he will be all the more surprised to find out it is scheduled for a half hour and right up to when the Board meeting begins.] In the scope of things, these are procedural issues and do not distract from the performance of the committee, or at a board level, from the board. However, as one follows this board it may be interesting to note that there is no allegiance to protocol or procedure beyond that which facilitates an organized fashion to get the work done. One may begin to see a pattern of dominance begin to form under the heavy hand of one woman. While the Finance Committee meeting was most productive it should be noted it is composed of several former Finance Committee members who understand the committee process and who stepped into last nights meeting with historical reference and decorum and because there has always been open discussion with everyone's opinions being given equal weight and importance the meeting looked and felt very different from what has been 'typical' of the meetings since Feb 19.

While the Watchdog has reservations about much -- it is fair to say the Finance Committee, at least at its first meeting, looks to be a committee to watch move this year's Board agenda. It is the Watchdog's opinion there is at least one member of the committee with the 'let's get her done' "Cable Guy" attitude -- which seems to have popped up all of a sudden -- it appears that cautious minds prevail in half of the committee, special interest in a couple of the members, but as a whole the right questions were asked and appropriate discussion ensued.

It will be interesting at the end of this year to look back at the Watchdog's observations and see how things have progressed/digressed and how the personality of each of the committees begins to evolve.

Need To Know Basis

WATCHDOG © 2011

The Watchdog has discovered secret meetings appear to be transpiring during after hours at the Honu Street facility. One such meeting was last Thursday evening. Not all Board Members were present but a majority were plus one 'invited' non-director. The next secret meeting is supposed to be happening this Thursday at 6P at the Honu Street facility. Full disclosure: The two meetings, scheduled but not listed on the 'official calendar', are committee meetings. Query: Why would there be a/some secret committee meeting/s with 'invited' non director guests to the exclusion of others? LOCK DOWN!

Just in case you do not venture over to the 'official' website much please do pay attention to the calendar. Notice there is a special meeting of the board scheduled for next Thursday evening, the 28th, at 6P. This is a particularly important meeting for all members to attend. Why? Because a document that is being considered -- and likely will pass in its current state -- which will grant members the 'right' to view HSCA DVD's, to review documents such as the Petitions and other interactions between the membership and the official business of HSCA, but only if a member signs said document, will be decided the evening of the 28th.* Most members have not had the opportunity to review the document. It is a two sided document provided by the new legal rep for the Board which obviously employs cut and paste boiler plate legalese. The problem? Threatening undertones to members who sign the document and then by intent or mistake violate the terms of the document. Such threats as: 'member obligation' will be 'binding' on 'heirs' -- to name a few. This obligation includes any sort of 'fee' imposed due to legal action brought against the member for violation of the agreement. [The language seems to include the penalties/binding agreement be in force even after termination of the agreement. Think about that.] For instance, if you sign the agreement so you can check out the latest meeting DVD and you and your neighbors decide to watch it together, but the neighbor has not signed the agreement, then you are in violation! Imagine! You can no longer have friends over, watch the HSCA Board Meeting DVD and consider what is going on with your Association unless each of the friends have signed the agreement! This also means, without prior permission from the Board, said DVD could not be used as evidence in a criminal complaint to clear a member's good name; as it has in the past. [Those who are familiar with the historic event that required a copy of the portion of a DVD from the 2008 Member Meeting for just this purpose would likely not have received the permission if it happened today because one of the individuals involved in that incident is a 'friend' and purveyor of services to the Board.]  LOCK DOWN!

A trip to the 'Announcements' section of the 'official' website will provide you with a list of times for upcoming committee meetings as well as some documents available for review. What is missing -- as of this writing -- is a copy of the "Agreement To Review Information". Members will not -- as of this writing -- be able to familiarize themselves with this 'Agreement' so they may participate in discussion of this item. Perhaps, if there is sufficient clamor it may be made available. If not, a serious disservice is being done to the Membership. If you were in attendance at the last Board meeting then you may remember one of the directors tabled the discussion of the agreement because it was way too important to discuss in the few moments pending of the meeting before adjournment. She did that for the Membership because she knew the gravity of this document. 

Committee meetings every half hour beginning at 8A on the 2nd Saturday of the month. Wow! Considering the agenda for some of these committees are we looking at placation here with minimal time spent in 'official' committee meeting and then the 'lanai' or 'unofficial' but definitely more binding committee meetings perhaps being held sans notice and full committee membership? Without the presence of members from the community who are not 'on a committee' but have the right to attend nonetheless? Currently, the "Papio Ocean Park" [Did you know that is the official name of the new park?] is being developed under the auspices of the 'Ocean Park' committee. Notice the absence of the Ocean Park Committee from the calendar or announcement pages -- at the time of this writing. This would be for 'members of the community' not on the committee to attend and to stay informed. It appears this will be the norm despite the notice that committee meetings [like Board meetings] cannot transpire whimsically but should be noticed and should be regular. They are, in fact, not only continuing to happen but now inclusive of other means of communication and inclusive of 'some' non committee members of their community --it appears -- to the exclusion of members from the community. LOCK DOWN!

* NOTE: Regarding the 'Agreement To Review Information': The motion was made regarding the 'review' of petitions to allow the review subject to a person signing an affidavit with specific legislative language from HRS 421j-5; not an 'Agreement To Review Information'. 


UPDATE 04/23/11: Will the contents of this "Agreement" become Waterloo, or the first battle towards that end? Will the Membership WAKE UP? This can only end one of three ways; one way is less desirable than the other but one way is absolutely unacceptable! It is up to the community to STAND for their Statutory RIGHTS! Let's not allow an information LOCK DOWN!

More than Seat Warmers Needed

WATCHDOG © 2011

Members, please block out 9A to Noon on your calendar and plan to attend and participate at the next Regular Board Meeting, Saturday, April 9. The Agenda has been set and released and it is full and active. Topics of interest abound for all members keenly interested in all things relative to your investment/s. Seat warmers will inevitably attend and they are important as observers and fellow historians, but active [participating] Membership will reap the kind of future they see for their community.

You should be able to review or retrieve the April Agenda at the new 'ocean view' website: hawaiianshores.org. 

The Board has allowed for comments about Agenda Items by Members. It would be prudent to expect a time allowance for this section and for each speaker. The Board Meeting  is a business meeting for the business of the Association and it is a generous provision to allow time for members to address Agenda Items. It would show respect for this offer to listen to Members for Members to come prepared. *[see note]

Agenda Items that may be of interest:

• Resolution on accounting issues with former HSCA attorney [Aug 2007-Jan 2008]
• Videotaping
• May Meeting Format
• Committee Reports

A number of questions have been generated regarding the clearing down at the ocean front parcels. Members who have been down to observe the excavation have seen more than they expected; these members have shared their concerns with their neighbors and friends. This discussion item would be best brought up during the 'Agenda Item Discussion by Members' section referencing the 'Ocean Park' Committee; ostensibly the committee who has oversight for monitoring the excavation and replanting projects.

See you there!

* NOTE: While the Board is offering to allow Members to address items on the Agenda during a specific portion of the meeting, please bear in mind, HRS 421J-5 allows Members to participate in any deliberation or discussion...Please be aware: The Board may consider this 'opportunity to comment' on Agenda Items as your 'only' opportunity to participate in deliberation and discussion. During any motion to curtail concurrent discussion Members should have an opportunity to speak in defense of their right to active participation. 

Government Agencies allow for 'public testimony' on Agenda Items before the agency gets down to business. However, the public has full access to the supporting documentation for any Agenda Item they may wish to address giving them time to formulate an opinion and make a statement of conviction/opinion based on data. It is not the case in this instance. The Planned Community Association is governed -- in part -- by all that is contained in Hawaii Revised Statutes 421J. There is of course proviso for the Directors to disallow participation. It was a practice by some HSCA Boards until January 2007. The Board must balance its need to accomplish its business in a timely fashion and its need to entertain the concerns of Members. It is not an easy task and when you have an active agenda, which in and of itself will take time to manage, having input from Members during each discussion extends the time spent on matters. The Board should be applauded for trying to strike a balance but cautioned to not deny 'informed' discussion which can only happen with knowledge of the various agenda items.