KGE 2022 ANNUAL MEETING MINUTES
JANUARY 9, 2022
Call To Order: 10:15 AM
Roll Call: Tomas Gracacin, Veda Hackell, Brian Penner, Koll Buer, Andrew Condey, Steve Weiler, Dave Steacy, Margaret Steacy, Barbara Goles, Dan Goles, Julie Buer, Brenda Robertson, Mike Curtin, Jessie Rex
Reports:
-2021 Annual Meeting Minutes Approved: Brian/Tomas Unanimous
-Treasurer’s Report: (Attached) There are currently $13,696 in unpaid road fees.
-Internal Audit Committee Report: The 2021 financials were reviewed by Board member Julie Buer and owners Brian Penner, Andrew Condey, and Koll Buer. The records were found to be in order. The committee recommends adoption of the 2021 financial report. Andrew/Barb Unanimous
Old Business:
-Landscape Maintenance Report and 2022 Plan: Steve Weiler either did the maintenance himself or hired outside help. For 2022, it was moved to use volunteer labor to mow the entrance area and both sides of the road once a quarter. Dave/Tomas Motion was amended to hire someone to maintain the entrance. Andrew/Julie Unanimous
-Dave Steacy will be committee chair to organize volunteer help. Steve and Tomas will serve on the committee as well. It is the committee’s plan to maintain ¼ of Kona Gardens Drive each calendar quarter.
-Report on Front Gate Operations: Steve reported there were two incidences of gate damage this year. The first was repaired with volunteer assistance. The second incident, which occurred in November, caused extensive damage. Video of the incident was given to the police who have contacted the individual. Dean Rex was hired to make repairs. The board will pursue action against the perpetrator to recover costs.
-Report on Illegal Use of KGE Roads: Two Kona Garden Estates (KGE) property owners have purchased adjacent lots in Kona South Estates (KSE). They have bull dozed roads to cross from KGE into KSE. This is illegal, according to Hawaiian Statute and KGE bylaws. Owners advised the board of their willingness to pursue legal action against these owners. The bylaws stipulate that “Owners shall be assessed a $100.00 fine….The fine shall continue to be assessed on a monthly basis until the violation, including the payment of the fine is cured in full.” The section directs the Board to file a Notice of Default and Lien against owners who do not remedy the situation as required. The bylaws require certified notification of violators to start this action, which has been done.
-It was moved to generate a bill imposing the fine from inception of the violation. For Mancini, this date would be retroactive for 6 years (Attorney Tuhy clarified 6 year statute limit). Mancini bought the KSE lot in 1995 and used KGE roads to bring in house building materials. He purchased the KGE lot in 2001. He was notified by certified letter to cease and desist in March of 2019. Benton, who purchased in November of 2020, was notified on August 30, 2021 to cease and desist. Funds collected from these fines will be used to offset legal fees. Our lawyer will be utilized to guarantee we are proceeding legally. Julie/Veda Unanimous
-Report on Available Mailboxes, Repairs, and Expansion Plans: KGE is out of available units. It was moved to purchase another unit ($5,000 max.), repair the broken unit, and buy keys for five boxes which cannot be utilized as the keys are missing. Julie/Koll Unanimous
During discussion, it was pointed out that KGE is perhaps the only sub division which provides mailboxes for its owners. KGE funds paid for placement of the cement pad and purchase of all units. KGE owns the units. In discussion with the postal deliveryman, it was confirmed that KGE has the right to distribute those boxes as they choose. There are owners who enjoy the benefit of a mailbox paid for by road fees, but who do NOT pay those road fees. Tomas and Veda will work on wording for a proposal to present to the Board which would mandate being an owner in good standing to continue having a mailbox. Wording will also be proposed for a one time fee (suggested $100) to be paid by all mailbox owners to offset costs accrued by providing mailboxes.
New Business:
-It was moved to approve the hiring of CPA Donna Kokinos as book keeper for KGE. Stacey/Barb Unanimous
-It was moved to adopt the proposed 2022 budget (attached) with additions noted in these minutes. Tomas/Dave Unanimous
-The following bylaw change, previously approved by the Board, was read to the owners in advance of being notarized and added to the bylaws.
Proposed wording for bylaw addition Section 8.04. Restriction to use of road fees
To protect a portion of annual road fees from uses other than maintenance, repair, and/or improvement of KGE roads, $100/lot collected each year shall be earmarked exclusively for surface road work. The treasurer shall compute this amount annually when year’s end reports are prepared and will note that figure in the financial statement.
-The following dates the gate code will be changed for 2022. Jan. 31, 2022 and June 30, 2022. Please look for an email with the new code. If you don't not receive one a week prior to the change, please reach out to a board member.
-The next annual meeting will be January 14, 2023. Time and location to be announced in the 2022 newsletter.
During Open Discussion, the following subjects were discussed:.
-Tim Lachenmeier operates a business in KGE which launches weather balloons. He wanted to talk with the owners about future plans and possible expansion, as KGE is a residential subdivision. He has a presentation he’d like to show owners. It is hoped that he can email it to KGE owners who have email addresses on file.
-Board members and volunteers spent Saturday, January 8th gluing road reflectors onto Kona Gardens Drive. Thanks to volunteers Shane, Koll and Brian, and board members Steve, Mike, and Julie for their efforts. This project will be completed when additional reflectors arrive.
Elections:
-Brian Penner, Jessie Rex, Steve Weiler, Julie Buer, Dave Steacy, Barb and Dan Goles were elected to the board. Tomas/Koll Unanimous Acclimation
-Board Member Norma Oliviera has asked to be removed from the board due to a family medical situation
Adjourn: 12:45 PM
JANUARY 9, 2022
Call To Order: 10:15 AM
Roll Call: Tomas Gracacin, Veda Hackell, Brian Penner, Koll Buer, Andrew Condey, Steve Weiler, Dave Steacy, Margaret Steacy, Barbara Goles, Dan Goles, Julie Buer, Brenda Robertson, Mike Curtin, Jessie Rex
Reports:
-2021 Annual Meeting Minutes Approved: Brian/Tomas Unanimous
-Treasurer’s Report: (Attached) There are currently $13,696 in unpaid road fees.
-Internal Audit Committee Report: The 2021 financials were reviewed by Board member Julie Buer and owners Brian Penner, Andrew Condey, and Koll Buer. The records were found to be in order. The committee recommends adoption of the 2021 financial report. Andrew/Barb Unanimous
Old Business:
-Landscape Maintenance Report and 2022 Plan: Steve Weiler either did the maintenance himself or hired outside help. For 2022, it was moved to use volunteer labor to mow the entrance area and both sides of the road once a quarter. Dave/Tomas Motion was amended to hire someone to maintain the entrance. Andrew/Julie Unanimous
-Dave Steacy will be committee chair to organize volunteer help. Steve and Tomas will serve on the committee as well. It is the committee’s plan to maintain ¼ of Kona Gardens Drive each calendar quarter.
-Report on Front Gate Operations: Steve reported there were two incidences of gate damage this year. The first was repaired with volunteer assistance. The second incident, which occurred in November, caused extensive damage. Video of the incident was given to the police who have contacted the individual. Dean Rex was hired to make repairs. The board will pursue action against the perpetrator to recover costs.
-Report on Illegal Use of KGE Roads: Two Kona Garden Estates (KGE) property owners have purchased adjacent lots in Kona South Estates (KSE). They have bull dozed roads to cross from KGE into KSE. This is illegal, according to Hawaiian Statute and KGE bylaws. Owners advised the board of their willingness to pursue legal action against these owners. The bylaws stipulate that “Owners shall be assessed a $100.00 fine….The fine shall continue to be assessed on a monthly basis until the violation, including the payment of the fine is cured in full.” The section directs the Board to file a Notice of Default and Lien against owners who do not remedy the situation as required. The bylaws require certified notification of violators to start this action, which has been done.
-It was moved to generate a bill imposing the fine from inception of the violation. For Mancini, this date would be retroactive for 6 years (Attorney Tuhy clarified 6 year statute limit). Mancini bought the KSE lot in 1995 and used KGE roads to bring in house building materials. He purchased the KGE lot in 2001. He was notified by certified letter to cease and desist in March of 2019. Benton, who purchased in November of 2020, was notified on August 30, 2021 to cease and desist. Funds collected from these fines will be used to offset legal fees. Our lawyer will be utilized to guarantee we are proceeding legally. Julie/Veda Unanimous
-Report on Available Mailboxes, Repairs, and Expansion Plans: KGE is out of available units. It was moved to purchase another unit ($5,000 max.), repair the broken unit, and buy keys for five boxes which cannot be utilized as the keys are missing. Julie/Koll Unanimous
During discussion, it was pointed out that KGE is perhaps the only sub division which provides mailboxes for its owners. KGE funds paid for placement of the cement pad and purchase of all units. KGE owns the units. In discussion with the postal deliveryman, it was confirmed that KGE has the right to distribute those boxes as they choose. There are owners who enjoy the benefit of a mailbox paid for by road fees, but who do NOT pay those road fees. Tomas and Veda will work on wording for a proposal to present to the Board which would mandate being an owner in good standing to continue having a mailbox. Wording will also be proposed for a one time fee (suggested $100) to be paid by all mailbox owners to offset costs accrued by providing mailboxes.
New Business:
-It was moved to approve the hiring of CPA Donna Kokinos as book keeper for KGE. Stacey/Barb Unanimous
-It was moved to adopt the proposed 2022 budget (attached) with additions noted in these minutes. Tomas/Dave Unanimous
-The following bylaw change, previously approved by the Board, was read to the owners in advance of being notarized and added to the bylaws.
Proposed wording for bylaw addition Section 8.04. Restriction to use of road fees
To protect a portion of annual road fees from uses other than maintenance, repair, and/or improvement of KGE roads, $100/lot collected each year shall be earmarked exclusively for surface road work. The treasurer shall compute this amount annually when year’s end reports are prepared and will note that figure in the financial statement.
-The following dates the gate code will be changed for 2022. Jan. 31, 2022 and June 30, 2022. Please look for an email with the new code. If you don't not receive one a week prior to the change, please reach out to a board member.
-The next annual meeting will be January 14, 2023. Time and location to be announced in the 2022 newsletter.
During Open Discussion, the following subjects were discussed:.
-Tim Lachenmeier operates a business in KGE which launches weather balloons. He wanted to talk with the owners about future plans and possible expansion, as KGE is a residential subdivision. He has a presentation he’d like to show owners. It is hoped that he can email it to KGE owners who have email addresses on file.
-Board members and volunteers spent Saturday, January 8th gluing road reflectors onto Kona Gardens Drive. Thanks to volunteers Shane, Koll and Brian, and board members Steve, Mike, and Julie for their efforts. This project will be completed when additional reflectors arrive.
Elections:
-Brian Penner, Jessie Rex, Steve Weiler, Julie Buer, Dave Steacy, Barb and Dan Goles were elected to the board. Tomas/Koll Unanimous Acclimation
-Board Member Norma Oliviera has asked to be removed from the board due to a family medical situation
Adjourn: 12:45 PM