The $100/lot billing that you received in July is the MRMA (Mandatory Road Maintenance Assessment). It is used primarily for the maintenance of the roads (grading, gravel, labor, etc.), and administration of the association.

Payment of road fees is not optional! Collection and mandatory payment was authorized by the State of Hawaii Court Summary Judgment dated April 3, 1992.

 

 

 

 

 

 

 

November 2013

OrchidlandEstates

Newsletter

Orchidland Community Association, Incorporated Post Office Box 280, Kea’au, Hawaii 96749

President’s Report

OFFICERS

PRESIDENT Wes Owens

VICE PRESIDENT Marti Morshige

SECRETARY Ralph Boyea

TREASURER Derek Shimizu

ROAD CHAIR Dennis McCartin

DIRECTORS

Wayne Carey

Ariel Murphy

RMC COMMITTEE

Dennis McCartin

Wayne Carey Ralph Boyea

COMMITTEES

BYLAWS
Ralph Boyea

Wayne Carey Ariel Murphy Derek Shimizu Dennis McCartin

WEBMASTER

Wes Owens

MEETING DAYS & TIMES! RMC—2nd TUESDAY @ 5:30 PM

Blane’s Restaurant Orchidland Drive

BOD—3rd TUESDAY @ 5:30PM

Church of the Nazarene,

15-1839 32nd Ave, HPP Between Paradise and Makuu

EVERYONE IS WELCOME!

We are off to a great start on collections, 90 properties who were arrears July 30th, are now 100% caught up, and others have arranged monthly payments. These are funds we can put directly onto our roads. Our collections efforts continue with the first official collections letter having been mailed out October 1st to all remaining owners in arrears, and we will be following that up as our collections policy dictates.

The board has been working on a master mailbox plan for Orchidland. The USPS has a big push currently to move all mail delivery to groups of boxes inside the communities, and we'd like to capitalize on this to get them installed while there is a chance that they would be free to the community. A few years ago, we facilitated the installation of the 20 group boxes at 36th & Orchidland Dr. at no cost to our community. Now, we are probably looking at 10+ locations of similar sets of mailboxes throughout the community. There are other community involvement projects like this that we could use help on, please join us at a board meeting and be involved.

We have a new road contractor with a Class A license (see road report), and are looking forward to utilizing the services that they can provide. We all very much appreciate all the volunteers who requested and spread gravel on their roads, and for the patience of everyone over the past few months while this transition completed.

I'd really like to see us finish the paving plan of the main roads in the next few years. We are so close to having all the “main” uphill roads paved. A few years ago, we asked the membership to vote to delay or skip the paving of Pohaku Dr. & 40th, and so in this newsletter, we are asking for that increment of the paving to be added back into the normal rotation (per General Membership Meeting vote), please use the attached ballot, vote as you wish, and mail it in so your vote can be counted.

At the membership meeting coming up Nov 16th, a topic of discussion will be what the MRMA will be this coming year. I'd like to suggest our current minimum $85, plus continue the $65 chipseal repaving, and also an additional $50 to be dedicated for the paving plan increment, for a total of $200.

I really feel that the diminishing of arrears accounts and modest increase of funds will allow us to really get out there and improve the side roads, and finish the significantly more permanent paving. Of course all members suggestions on MRMA's can be heard & discussed at the membership meeting where those present will vote on what we ask for in the next MRMA ballot.

A few notes on the upcoming Membership Meeting Nov 16th at Ainaloa Longhouse: Our Bylaws (Article III) are clear on the definition of what a member of our association is, a paid in full property owner. As such, the previous mistake of allowing owners who have not paid some assessments to vote at the membership meetings will no longer be allowed. It's simple, those who pay their assessments get to vote on how those monies are spent. As well, if you are new to Orchidland, please, please show up early (8:15am) so we can answer your questions about our community and history before the meeting. We are really trying to keep the meeting time to a minimum, the time at the microphone will be limited, and we will not be explaining our history during the meeting. Our website actually has LOTS of great information, please feel free to dive in there before hand.

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Collections Policy by Ralph Boyea

On June 18, 2013 the Orchidland Board of Directors approved our new Collections Policy. The policy authorizes the Board of Directors to collect “... delinquent or unpaid assessments for road maintenance, including, but not limited to the Mandatory Road Maintenance Assessment and paving assessments.” The policy authorizes the assessment of a ten-dollar [$10] late charge and the assessment of interest on past due amounts. If payments are not made, the Board is authorized to utilize the services of an attorney to place a lien on the delinquent property.

On October 1, 2013, the Board sent out a collection letter to all property owners who are 90 days past due on any amounts due to the Association.

We are hopeful that the implementation of this policy will significantly reduce the fees owed to the Association. Currently around 60% of the lot owners are paid in full. Collection of past due assessment will provide us with more money for road maintenance and improvements. Our collection activities will allow us to enforce the assessments passed by the lot owners and spread the cost of maintaining and improving our roads fairly among all property owners.

A copy of the Collection Policies and Procedures is available on our website: www.Orchidland.org, under Association Business.

Road Easement Maintenance – by Ralph Boyea

The Road Committee and the Board of Directors have received a number of complaints about the sides of our roads being overgrown with vegetation. The extent of the overgrowth has become a vehicular and pedestrian hazard in many locations. Vehicles approaching intersections have dangerously limited visibility. Children walking these roads from the school bus drops to their homes have limited ability to move off of the roads to avoid on-coming traffic. One of our goals for this fiscal year is to start clearing this vegetation within the road easements, starting with our access roads and the corners of our side roads. Most of our roads have an easement of 40' from property pin to property pin. Orchidland Drive and 40th Avenue have a 60' easement.

One of our biggest problems is the unabated growth of “elephant grass.” This grass is tall, dense and very tough; it is very difficult to control. We intend to use every means available to us to remove the elephant grass and other vegetation. One of the “means” we have discussed is the use of herbicides. Some of us prefer not to use herbicides, but we recognize that this may be our most viable option in some areas.

If you do not want herbicides used on the roadway easement fronting your property, please INSURE that the area between your lot and the roadway is cleared.

Please SLOW DOWN !

Paved roads = 25 mph, Side roads = 15 mph.

Be vigilant of pedestrians, especially keiki, who use the roads. Overgrown weeds force people towards the center of the road which puts them directly in the path of vehicles, particularly when there is another vehicle coming in the opposite direction. I have seen kids stand in the bushes while cars go by. Yes, the Board is addressing the weed problem but only YOU can control the speed of your vehicle.

Also, slower speeds help to preserve our side roads. If you drive on a well maintained side road, this is the result of you or your neighbor’s labor and time. Please have some courtesy and contribute towards the preservation of the roads. Thank You - Derek Shimizu, Treasurer

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The Overall Good

By Ariel Murphy - Director

Recently I joined the Board of Directors of the Orchidland Community Association. Although I don’t actually live on the uncultivated parcel I own on 40th, I thought that joining the BOD would give me opportunities to be part of Orchidland’s development.

All of us want a good present (and future) for ourselves and our families. Part of that aspiration is being able to live in a place conducive to having a good quality of life. At the very least a good quality of life equates to being safe and secure.

Right now, road maintenance and improvement are essential to safety and security. Good roads mean less wear-and-tear for vehicles. Fire trucks, police vehicles and ambulances can go through good roads at the shortest time possible when responding to emergencies. School buses would be more inclined to pick up and drop off children to school. Since Orchidland has an agriculture zoning, harvests and other agricultural products can be delivered more conveniently to markets when roads do not have potholes like moon craters. The list of advantages of having good roads is not a short one.

I am aware that there are those who would rather have the roads of Orchidland remain in their current deplorable and decrepit state. I do not exactly understand why. But if the reason is to keep being in isolation, or to discourage others from being neighbors, my answer is maybe those people would be better off living in a place that is not a subdivision where there are no common ownership and accompanying responsibilities towards the overall good. Besides, can growth/progress be prevented? Maybe postponed, yes. But totally avoided or withheld? Probably not. We only have to look at the past to know. We only have to look at how the mainland West Coast came to be what it is now. And we need not even go far. Imagine the Big Island 10 years ago and compare it to how it is today.

But that is another topic for discussion.

All of us property owners, whether or not we live in Hawaii or on the mainland, have a responsibility towards the community where our property is, and especially if our property is in a subdivision like Orchidland where there are areas of common ownership, like roads and sideways.

At the very least, we are responsible for keeping roads passable and with the least adverse effects on property and lives.

We want a good quality of life not just for ourselves but for the whole community -- the overall good!

And that is why I not only strive to pay my road maintenance dues; I also joined the Board of Directors of Orchidland’s Community Association.

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Road Chairman’s Report By Dennis McCartin

After receiving 2 proposals for road maintenance, we have selected Johansen Contracting to do our road maintenance. They possess a Class A license, so they can also do the paving for the chip seal replacement and new paving. We are glad to have them on board and they are eager to begin filling in the lakes, grading, clearing the sides of the main roads, etc.

We do need to look at extending the assessment for chip seal replacement so we can do all of the chip seal segments.

We also need to consider when to re-start the paving assessment so we can do the next section in the rotation.

The Pohaku/40th segment needs to be voted back into the paving rotation. Thanks to all who continue to volunteer to take care of their roads.

 

Orchidland Estates Newsletter

June 2014

Orchidland Community Association, Incorporated Voice Mail: 808‐934‐7738
Email: support@orchidland.org

Ballot Results

Post Office Box 280, Kea’au, Hawaii 96749 Orchidland.org

OFFICERS

PRESIDENT
Marti Morishige

VICE PRESIDENT
Nikhil Inman‐Narahari

SECRETARY Ralph Boyea

TREASURER Sheldon Raiter

ROAD CHAIR
Dennis McCartin

DIRECTORS

Robert Arthurs Wayne Carey Armon Collman Bob Dexter Ariel Murphy Derek Shimizu

RMC COMMITTEE

Dennis McCartin Robert Arthurs Ralph Boyea Wayne Carey Bob Dexter

COMMITTEES

BYLAWS
Ralph Boyea

Wayne Carey Derek Shimizu Ariel Murphy Dennis McCartin

MEETING DAYS & TIMES!

RMC ‐ 2nd TUESDAY @ 5:30pm Blaines Restaurant Orchidland Drive

BOD ‐ 3rd TUESDAY @ 5:30PM

EVERYONE IS WELCOME!

OLCA Board of Directors
Results for recent road maintenance fee vote are as follows:

•   356 Ballots with 447 total votes, many multiple lots owners

•   $300 /yr. for 5 years: (137 “yes”) (225 “no”) (25 blank)

•   $150/yr. for 5 years: (166 “yes”) (222 “no”) (59 blank)

  Since the number of “no” votes for $150/yr. was greater than “yes” votes, re‐ sults are that neither fee was accepted. Therefore, the basic road mainte‐ nance fee reverts to $85/yr.

  Is $85 Enough?

  Ralph Boyea

  When the membership voted “no” on the requests to increase our mandatory road maintenance fees to either $150 or $300 per year for five years, our road fees reverted to the formerly approved mandatory road maintenance fee of $85 per year. You may recall that we increased that fee to $150 in 2012 by continuing the $85 base fee and adding an additional $65 for chip‐seal repair. That increase was temporary. It was only for two years. FY 2013‐14 was the last of the two years. Note that at $65 per year it took two years to raise enough money to fund the resurfacing of Orchidland Drive.

  What can $85 do? At $85 per year, our projected budget for FY2014‐15 antici‐ pates that we will have a total income of $167,325. $81,215 or 49% of the to‐ tal fees collected will go for Administrative costs. These costs are fixed and are necessary for the operation of OLCA [see budget for details.] Some believe it makes little sense to continue the organization when nearly half of the budget goes to administrative costs.

  After accounting for fixed road expenses [see budget for details], we will have $69,769 left over for repair and maintenance of our roads. What can we do with that amount of money? Very little. This year we spent over $60,000 filling lakes on a few of our side roads and over $3,000 repeatedly patching our hard surfaced roads. These efforts did not even come close to meeting our road maintenance needs. Our side roads and our chip‐seal continue to deteriorate and our paving plan is in limbo.

Page 1

(Continued from page 1)

Are we increasing our liability? Some believe that the above mentioned facts are evidence that OLCA can’t meet our obligations to provide safe roadways for our lot owners or for those who use our roads. Police, fire and ambulance response times can be totally inadequate. If lot owners are not willing to fund a basic level of maintenance of our roads, are we creating an increased, shared liability? Thus, the issue of entering OLCA into receivership was raised.

Stymied. At the April 26, 2014 General Membership meeting the members present voted to “offer the mem‐ bership the option of selecting a new road maintenance fee to be determined here today or if that fee is re‐ jected, notify membership that the board will take action to go into receivership”. The motion passed with 26 in favor and 8 opposed. A motion was then made to offer $185 for five years as the new road maintenance fee. That motion passed with 26 in favor and 7 opposed. There was supposed to be a ballot to that effect in this newsletter. However, following the General Membership meeting a number of members protested those deci‐ sions and at the OLCA Board meeting on May 20, 2014 the Board of Directors voted to “postpone action” on the motion to either change fees to $185 per year for five years or enter into receivership “until we can return to the membership for clarification and further instruction at the November 2014 General Membership meet‐ ing.” This motion passed with 5 in favor and 3 opposed. Therefore you will be receiving a billing, with this newsletter, for FY 2014‐15 in the amount of $85 for each lot you own.

What if? What if we had presented you with the option to raise our fees from $85 to $185 per year, and you voted for that increase? We would still have had to work with $69,769 for regular maintenance but we would also have had close to $74,000 per year for paving and $74,000 for chip‐seal repair. We would have been able to continue with some maintenance, move forward with the next phase of our chip‐seal repair and take the next step in completing our paving plan. The percentage of our budget going to Administrative costs would have dropped to a more reasonable 26%. Fixed Administrative costs become a smaller portion of the overall operating budget with more revenue.

At $185 we would not be able to do everything we need to do. We would however be able to move forward in protecting our investment on the chip‐seal roads. We would be able to continue to meet our obligation to complete the paving plan.

Can we operate at $85 per year? Yes, but do we want to? Do we want to merely survive, or do we want to move forward? Please come prepared to discuss these issues at the November 2014 General Membership meeting.

The Business that is the Orchidland Community Association, Inc. and Receivership

Sheldon Raiter

Orchidland Community Association, Inc. was incorporated 35 years ago, on June 19, 1979. After all these years, it is still not clear that our association is actually an incorporated business enterprise. So, what is the business? Answer: maintaining the commonly owned roads in the Orchidland Estates subdivision in the Puna District of Hawaii County.

Why is road maintenance the business of Orchidland Community Association, Inc.? It has to do with the money. And that has to do with the way the deeds for Orchidland Estates are written. When the subdivision was created the roads were organized as "Roadway Lot 8215." This lot can be found at Tax Map Key (3) 1‐06‐05 ‐165 on Map 53. There are 2400 lots in Orchidland Estates and each lot was deeded 1/2400th of the responsi‐ bility for our Roadway Lot.

Until 1983 no one knew what this kind of deed meant. In 1983 the Paradise Hui Hanalike sued Hawaii Paradise Park. The Supreme Court of Hawaii held:

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(Continued on page 3)

(Continued from page 2)

. . . where a subdivision is created consisting of lots and private roadways servicing them, and the deeds to the lots are silent as to the duty to contribute to the maintenance of the roads, owners of lots abutting the roads have a legal duty to contribute to necessary road maintenance. 66 Haw 382 (1983)

Now, a digression on the Purposes of Orchidland Community Association, Inc. Purposes are listed in both the Articles of Incorporation and the Bylaws.

The Articles of Incorporation do not contain the words "road(s)" or "road maintenance." Why not? Because the people who incorporated Orchidland Community Association, Inc. hoped for an IRS 501(c)3 tax exempt status. Why? So people could get a tax exemption for donations to Orchidland Community Association, Inc. In Decem‐ ber of 1980 the IRS denied our 501(c)3 petition. We were given 501(c)4 status affirming our status as a non‐ profit business enterprise.

What happened to the rest of the listed Purposes? Nothing. They are still there but the membership, acting through their Board of Directors, can only enforce assessments for road maintenance. That is what the Su‐ preme Court of Hawaii has said.

Now, how does a Court read "road(s)" or "road maintenance" into the Articles of Incorporation? It is in Article III, Paragraphs A and E:

A. To aid, promote and assist in the development, improvement and maintenance of Orchid‐ land Estates Subdivision as a desirable residential community.
E. To promote the health, safety and welfare of the residents in the subdivision.

The Bylaws state this Purpose directly in Article I, Section 3, Paragraph d: d. To maintain and improve the roads of the subdivision.

The other 8 Purposes are still there, but again, the membership can only enforce assessments for road mainte‐ nance. We are now back at the money and at the Hawaii law covering non‐profit corporations, Chapter 414D.

Corporate law, including the law covering non‐profit corporations, is designed to accomplish several ends. For this conversation, the important point is that Hawaii corporate law encourages the effective operation of busi‐ nesses in Hawaii.

In Hawaii law Receivership is part of the process of closing‐down a corporation, called Dissolution. Chapter 414D ‐ 252 is titled "Grounds for judicial dissolution," that is, the reasons that allow a judge to interfere with an incorporated business. Paragraph (b) is most significant here:

(b) In a proceeding by fifty members or members holding five percent of the voting power, whichever is less, or by a director or any person specified in the articles, the court may dissolve a corporation if it is established that:

(4) The corporate assets are being misapplied or wasted.

I have met many people who see that $85/year or even $185/year is way too little for road maintenance. That neither are sufficient to run the business is both a misapplication and a waste of assets.
None of this requires or even implies criminal activity. It only requires a demonstration that Orchidland Com‐ munity Association, Inc., that is all of us, cannot take care of its business, the roads.

Finally the powers of a Receiver or Custodian are given in Chapter 414D ‐ 254, Paragraph (c) (2):

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(Continued on page 4)

(Continued from page 3)

(2) The custodian may exercise all of the powers of the corporation, through or in place of its board of directors or officers, to the extent necessary to manage the affairs of the corporation in the best interests of its members and creditors.

The only power of Orchidland Community Association, Inc., a power that resides in the members and not the board, is to assess road fees.

So the question for the members of Orchidland Community Association, Inc. is how well do we take care of our business? It is the same question for those who choose not to be members. A Receiver or Custodian will use best business practice supported by all the power of the State of Hawaii. If Hawaiian Paradise Park is any exam‐ ple, our roads would improve. But at what cost?

Statements from Candidates for the Next Board of Directors

Bob Arthurs

Having owned property in Orchidland since the '70s, built in the '80s and '90s, my wife and I have enjoyed watching the community grow. Having been active as a Road Chair in the '90's and a director, I understand fully our problems. Being a firm believer in the democratic process, I will support the majority will of our member‐ ship.

Barbara Gantt

I would love to see our community pull together and make Orchidland the best place to live ever! I am not at‐ tached to the old stories, and have new ideas, and energy to give to the community. I am open, honest, and good at communicating. My ideas and assistance would be offered that hopefully would be good for the com‐ munity at large. I have lived in Orchidland since 2007, and just bought new property on 35th Ave, so I plan on being here for a long time! I am hoping to see great changes here in Orchidland with the roads, and the com‐ munity space we all own together!

Nikhil Inman‐Narahari

I have lived in Hawaii for about 10 years and in Orchidland for almost six. I am a program manager and ecolo‐ gist by profession. My primary motivation for seeking a position on the board is to help ensure that the will of the membership is carried out in an efficient and effective manner. This is only possible if we as the board can be successful in communicating with our membership ‐ providing members with timely and important information and listening to their needs and concerns so that, as a community, we can make decisions that best move us toward a safe, peaceful, and pleasant future.

Janet Somalinog

I used to live here and now I am back and just purchased a 2 acre parcel in Orchidland. I have experience with 20+ years of public school teaching, and have owned many homes. I am currently working for Malamalama Waldorf School as administrative specialist . I am very happy with my neighborhood and want to meet many‐ more people and get to work on making the community a great place to live. I want to be available to hear ideas and figure out a way to implement them. I am especially good at creating efficiency and am constantly making improvements to existing structures and systems.

Ric Wirick

I have owned Orchidland property for nine years and have lived here the past three. I recently became a volun‐ teer road captain for 42nd Ave., and upper unpaved Orchidland Drive. My professional background is in con‐ struction and maintenance, and also includes years of experience as a wildland firefighter and park ranger. As a community member I do my part to make our neighborhood roads a little less bumpy, and as an OLCA board member I plan to follow the same course. I will listen to and be the voice for those Orchidland Estates property owners that are not being heard.

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OLCA BALLOT

Please mail this ballot to: League of Women Voters P.O. Box 665, Hilo, Hawaii, 96721

BALLOTS MUST BE RECEIVED BY JUNE 30, 2014 IN ORDER TO BE COUNTED

Members are entitled to one vote for each lot owned. A member is a lot owner who is paid in full on all man‐ datory road maintenance fees and assessments. Please list the last five digits of all of your TMK lot numbers. Your vote will be multiplied by the number of lots you own.

TMK(s): __________________________________________________________________

This section will be removed by the League of Women Voters after membership verification. =====================================================================

ELECTION OF DIRECTORS

The following individuals are running for the OLCA Board of Directors. We currently have 9 vacancies. You are entitled to vote for each vacancy. Please read the individual bios contained in this Newsletter.

Please vote YES or NO for each candidate.

Robert Arthurs [ Barbara Gantt [ Nikhil Inman‐Narahari [

] YES ] YES ] YES

[ ] NO Janet Somalinog [ ] YES [ ] NO [ ] NO Ric Wirick [ ] YES [ ] NO [ ] NO

The Directors will not see your returned ballot, so PLEASE do not write comments to the Board on the Ballot. Your comments may be sent to: OLCA, P.O. Box 280, Kea’au, HI 96749‐0280 or made via email: support@orchidland.org.

Please mail this ballot to: League of Women Voters P.O. Box 665, Hilo, Hawaii, 96721

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ORCHIDLAND COMMUNITY ASSOCIATION

Volunteers Needed!

Voice Mail: 808‐934‐7738 Email: support@orchidland.org Website: orchidland.org

Page 6 

 

NOVEMBER 2014

Orchidland Community Association, Incorporated Post Office Box 280, Keaau, Hawaii 96749 www.orchidland.org email: support@orchidland.org Voice Mail 808-934-7738

 

 

We have basically an all new Board of Directors and all new Officers. All are not only learning their responsibilities, but learning how to manage what others have started, and to do this as one family, one Board of Directors.

Our major basic challenges to handle, manage and resolve are:
The Board will address new paving and resurfacing of the Main Access Roads (MARS) according to the Road Plan, identify connectivity of main access roads, review the sharing of neighborhood road costs and ongoing maintenance, find a solution for the problematic Pohaku/40th elbow, and replace missing signs and posts,

Delinquent MRMAs will be processed according to the court’s instructions and filed in Small Claims Court. It is my understanding that a Court's judgement is a one time event and becomes public information unlike the previous liens which were used in the past.

The Education Committee will be reviewed, reestablished and be instrumental in developing the Community Lot.

My goal is to bring order and stability to the Board Meetings, and end unproductive behavior. In a democracy that works we learn how to "agree to disagree” yet still respect each other. Together we can stay on track for the betterment of our community. ~~

Accomplishments on Roads since the April Membership Meeting:
Potholes on our paved roads are now routinely being repaired. Ric Wyrick has been voluntarily patching potholes on the chip seal roads over the past few months. On 40th Avenue, Art Smith continues to volunteer his time. Many others have helped. Thank you all!

On 35th Avenue, 140 yards of concrete were poured to replace a failed section of chip seal between Pohaku Place and Laniuma. This was a problem area because of significant water flow across the road at times.

Road Materials Provided:

34th, between Ainaloa and Ilima
34th, between Aulii and Orchidland
35th, between Aulii and Orchidland
35th, near Pohaku
36th, between Aulii and Orchidland
36th, between Laniuma & Pohaku
37th, between Orchidland & Melia
38th, between Aulii & Orchidland
39th, between Orchidland & Laniuma
39th, between Laniuma & Pohaku
41st, between Orchidland & Aulii
42nd, between Orchidland & end
Aulii, between 40th & 41st
Orchidland Drive, 41st to top

Thanks to Bob Dexter and Armon Coleman who continue to mow the sides of our roads. Bob has also collected surplus stop signs from the County for our use. We need to purchase posts and install them. (continued on page 3)

 

 

 

Page 1

 

 

ORCHIDLAND ESTATES NEWSLETTER

TREASURER’S REPORT

By Janet Somalinog

Aloha, this is my first time on a Board of Directors and the first time being a Treasurer. Even though there have been several recent Board changes I am able to report to you the end of the fiscal year information. And here are The balances of as of June 30, 2014:

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November 2014

OLCA

MEMBERSHIP MEETING 2:00 P.M. On Saturday,

November 22, 2014 ~ 1:30 P.M. Sign-In ~

EAGLE’S LODGE Across from the Humane Society

1. General Fund
2. Savings
3. Road Maintenance Ckg 4. Road Maintenance Svgs

5. Paving Fund Ckg
6. Paving Fund Svgs
7. Board Administration 8. Community Lot Fund 9. CapitolFund 10. Chip Seal Repair Fund

62,295.09 75.75 97,076.88 15,155.77 54,877.89 101.15 13,334.74 7,334.42

25,509.21 246,538.17 76,465.00 24,841.78

 

PETITION INITIATED IN SEPTEMBER

On September 10th, a membership petition was submitted to the Board President requesting a Special Membership Meeting. The petition was initiated by Ric Wyrick, after his resignation from the Board and the Road Chair in August. The Board was unable to arrange a meeting place in the required time frame, and it was mutually decided to address the petition topics at the November General Membership Meeting.

MEMBER PETITION for SPECIAL

MEMBERSHIP MEETING

 

We, the membership of Orchidland Community Association call for a Special Membership Meeting to address numerous issues surrounding the controversial and expensive repair scheduled to lower Orchidland Drive (34th Ave to 37th Ave). We call for a late afternoon/ early evening Special Membership meeting time to accommodate all OLCA members.

1) We call for a legal review and opinion on the methods and process that were used to collect the Chip Seal repair funds. (Continued on page 4)

11. CD (Legal)

12. Legal Savings

 

 

The new Fiscal Responsibility Review Committee is at work looking at streamlining and standardizing our fiscal Policies and Procedures in order to reduce administrative costs. Our goals are to use your Road Fees wisely, effectively, efficiently, and properly.

I take my responsibility very seriously and am committed to learning as much as I can as fast as I can. If any members are interested in volunteering to assist with our office/storage/ filing systems, grant writing, or financial solutions, please contact us. Consider being a part of making Orchidland a better place. Mahalo Nui Loa~~

 

 

ORCHIDLAND ESTATES NEWSLETTER

Page 3 November 2014

Some members are also licensed amateur radio operators who can provide necessary communications. Further information can be found at the following FEMA web site: http:// www.ready.gov/are-you-ready-guide.

Are You Disaster Ready?
By Dennis McCartin

Hurricane Iselle tested our individual and family readiness in disaster and emergency preparedness. Fortunately, Orchidland Estates fared far better than other communities in Puna. A big Mahalo goes out to all of you who quickly and selflessly went and cleared the roads of fallen trees and helped your neighbors out. The Board of Directors (BOD) established a committee to draft out a new Orchidland Community Emergency Plan. This plan describes eight (8) disaster incidents that could affect Orchidland. This plan also incorporates the previous response to a lava tube cave-in and the BOD’s response to mitigate this event with $15,000 set aside for this purpose.

The new plan also describes the mission of the recently approved Community Emergency Response Team (CERT) by County Civil Defense. The BOD has approved a portion of the community lot as a staging area in the event of a disaster and for training. CERT members go through a basic four Saturday trainings in disaster preparedness, fire safety and suppression, CERT organization, Incident Command System, casualty triage and basic first aid, light search and rescue, critical incident stress debriefing, and appropriate actions regarding terrorism events. The mission of the CERT Team is to provide rapid and safe care for one’s self, family members, friends and neighbors until trained emergency responders arrive; coordinate emergency management resources and spontaneous volunteers; and provide trained volunteers for shelter management, if necessary.

Orchidland CERT will also undertake functions that improve the resilience of the community in advance of any incident by: informing and educating neighbors in disaster preparedness; planning, preparing, and executing projects that improve community awareness. >>>

Local contact: Dennis McCartin at 430-5440.~~

 

Chip Seal Paving Fund: Since chip seal is no longer an environmentally approved material, the Chip Seal Funds collected over the past 2 years were targeted by the last Board to go towards placing 2" of new asphalt over the deteriorating Orchidland Drive chip seal surface from 34th to 37th (laid in 2001). This project is currently on hold until it is discussed at the General Membership Meeting. A petition was received which required resolution by the membership before proceeding. It is printed in this newsletter.

Road Committee Report (cont. from pg.1)

35th Avenue Concrete Project: When this project was installed, the contractor deviated from the specifications that had been supplied. We are working with a Civil Engineer to understand the difference this would make in life expectancy, and working with the contractor to reach a mutually acceptable solution.

 

Goals moving forward:
1- Potholes: Keep the potholes filled on the chip seal roads, and do maintenance, with the goal of these roads lasting until repaving funds are allocated or collected for repaving.
2- Supply Materials for Unpaved Roads: Distribute more of your road money to the road in front of your house. We can only achieve this if neighbors will work with neighbors to do the work. If a block wants to organize a work party for their road, we will try to supply the material. 3- Complete the 1999 Paving Plan: Work towards completing the final paving increments (Ilima), begin prep work on Pohaku, 40th and Laniuma, to make existing driving conditions better for all. ~~

 

ORCHIDLAND ESTATES NEWSLETTER Page 4 November 2014

 

OFFICERS

PRESIDENT
Robert Arthurs VICE PRESIDENT
Bob Dexter SECRETARY
Barbara Gantt TREASURER
Janet Somalinog ROAD (RMC) CHAIR Richard Greever

DIRECTORS

•  Wayne Carey

  Barbara Gantt

•  Tegen Greene

•  Peter Houle

•  Dennis McCartin

•  Rick Turner
  
  RMC COMMITTEE

•  Wayne Carey

  Barbara Gantt

•  Richard Greever

•  Dennis McCartin

•  Janet Somalinog

•  
  MEETINGS
  RMC - 2nd Tuesday 5:30pm @ Blane’s
  BOD - 3rd Tuesday 5:30pm @ Eagles

  OLCA
  P.O. Box 966 Kea’au, HI 96749

  OLCA MEMBERSHIP MEETING 2:00 P.M. On Saturday, November 22, 2014

  ~ 1:30 P.M. Sign-In ~ EAGLE’S LODGE

Member Petition

(continued from page 2)

“yes or no” whether to spend over $219,000 of Chip Sea repair funds on the repaving of lower Orchidland Drive with 2′′ of asphalt paving.

Please note, this is the same amount of asphalt paving used on new asphalt paved roads within Orchidland, and lower Orchidland Drive was already paved once in the current Paving Plan rotation which is yet to be completed. The last time the paving plan was deviated from, a court action and subsequent mediation dictated that the paving plan rotation could not be altered.

6) This proposed ballot membership vote would also include the option to disperse Chip Seal repair funds to other chip sealed roads in need of maintenance and repair. For instance, using the chip seal fund to provide weekly pothole maintenance until the current paving plan is completed. ~~

 

2) We call for a legal review and opinion on the manner in which these Chip Seal repair funds were redirected to lower Orchidland Drive.

3) We call for an independent civil engineer to provide a detailed report on the status

 

 

 

of lower Orchidland Drive and to give us viable options for proper repair.

4) We call for a current Road Committee report on other chip sealed roads within Orchidland Estates in need of repair and viable options for the use of Chip Seal repair funds.

5) We call for an Orchidland Community Association ballot vote, in order to allow all OLCA members to decide >>

 

 

 

JUNE 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Potholes on the chip-sealed roads have been regularly addressed during the year by paid and

volunteer workers. The resealing of the chip seal should prevent new potholes from forming.

We are grateful for the help of the many who are out repairing the roads and those who have shared their expertise on roads. ~

 

OLCA MEETINGS

RMC - 2nd Tuesday
6 pm @ Ainaloa Longhouse

 

BOD - 3rd Tuesday
6 pm @ Ainaloa Longhouse 16-303 Ainaloa Boulevard

ORCHIDLAND ROADS IMPROVE

We have found a solution for the resealing of all of our chip-sealed roads. The work will be paid for in full by the Chip Seal Repair Fund totaling over $250,000 which was collected in 2012 and 2013 for this purpose. The plan has been approved by the Board and is scheduled to be completed by the end of June, weather permitting.

Our choice of contractor, Island Roads Inc. (IRI) has developed a proprietary emulsion that will reseal the chip-sealed roadways, which begin at the highway and end at the asphalt of the second paving increment. The process should prevent water penetration and pothole formation, as well as smoothing a roadway 20 feet in width. Drainage to be performed on edges of the roadway will help prevent breakup.

Grading of twenty miles of the avenues (side roads) has been accomplished during the last four months. Drainage channels have also been opened in some of the worst areas, with work throughout Orchidland being continued through June. Filling holes, low spots, and rough areas will employ 1 1/2” base course once the drainage is corrected.

 

 

Gerald Akana Tegen Greene Richard Greever Elizabeth Wewers

 

 

 

 

OLCA BOARD OFFICERS

 

PRESIDENT

Rick Turner

SECRETARY Vijay Karai TREASURER Barbara Arthurs ROAD CHAIR Tegen Greene

DIRECTORS

Gerald Akana Richard Greever Peter Houle Elizabeth Wewers Therese Zeller ROAD COMMITTEE

 

 

 

Page 1

O RCHIDLAND ESTATES NEWSLETTER 2015-16 OLCA BOD

Candidates for Directors

Barbara Arthurs: Retired as Vice-Chancellor of Hawaii Community College. Served 1998-2001 as OLCA President when the Board started the incremental paving. I would like to see completion of the Paving Plan for the Main Access Roads and begin sealing the side roads. I will work with the c ommunity to make Orchidland a great place to live.

Don Stoner: Since November 2014, I have served on the Board. For 3 months I have been on the Road Committee. In April, I became Road Chair. My background is very broad including construction, military, logging, 10+ years of university, and a career as a registered nurse—retiring from Hilo Medical Center Hale Ho Ola mental health unit as a psych nurse. I have been a supervisor in 3 different nursing homes.

Gerald Akana: In the last 6 months I have seen a lot of road work done, especially on the side roads. I have been repairing the potholes on Pohaku Drive for the last 8 years and now we have a contractor filling potholes in all of Orchidland. I would like to continue my time on the Board so that we will have enough directors to conduct business and continue t he progress started this past year.

Peter Houle: Chemical Engineer. Business Owner for 30 years. On OLCA Board 1995, 2014, 2015. Priorities: Collections, side roads, pave main roads with asphalt. Here to spend your money wisely and work with a total viewpoint on how to complete paving plan and put base course on all the side roads for the next three years.

Ric Wirick: For the last year, I have been an active volunteer working with and for our community. By doing what was necessary, from filling potholes (over 12 tons of cold patch applied), utilizing my backhoe to open drainages on some side roads, and distributing over 140 tons of base coarse, I have improved roads that have had little maintenance for years & helped coordinate clean-up and grading of our Community Lot. In addition, I have been gathering and sharing information on how our community, by working and voting together, can regain control over our road repair and maintenance f unds to use them more efficiently. Working together we will move forward together.

 

Page 2 June 2015

Rick Turner: As President of your OLCA Board of Directors for the last 5 months, I have come to realize how important this position is in the areas of Road Maintenance, Development of a Community Center & Park, as well as bringing our community together and stopping the division, now! With the community’s support, the current BOD has made substantial progress. As your humble servant, I would like to continue this momentum of progress into the future. That is why I’m seeking to serve this community for the next three years.

Skyler (Sky) Platt Sr: As a concerned Orchidland

member I would like to see our monies well-spent,

our roads maintained and improved. Oversight is

necessary to guarantee the quality of roadwork to be

completed. Standards must be set and followed. I

have thirty years of experience in the construction

industry, the past ten years working for one of the

Tegen Greene: Getting your money onto your roads! That is my first priority. We need a fresh look at every assumption, every tradition, every process, every interpretation, every expense. The world and Orchidland have changed greatly since this organization was created. I bring an ability to see things in a new way and, with help, to reexamine the processes and possibilities. Are our Bylaws a framework to inform our actions or a prison to inhibit creativity & growth? We need a lot of help from all kinds of people with all kinds of talents and perceptions. Your feedback and contributions on any level will make a difference.

 

largest road construction companies on the island.

Thomas McCandless: I am interested in doing better roads for the community and bringing the

people together to work together and to get to know one another. I was a Construction Worker for 26 years, 10 years as Laborer, 4 years as Pipe Person, 12 years as Foreman, 10 years as Supervisor running 3 to 4 jobs at a time — Road, Subdivision Work above and below ground.

Vijay Karai: Here are 5 reasons why I am asking you NOT to vote for me.
The number one reason is that I am not one of you. I was born in Bangalore, India. Immigrated to the USA in 1982 and lived in Minneapolis, Minnesota for over 30 years. In 2012, I took early retirement and moved to Orchidland, Hawaii to explore and hone my skills at writing, photography & farming. (cont. on page 4)

 

 

 

 

 

Building Community Support

Our Community is you – and our collective

voice comes through committee

participation. Please sign up for one of our

many committees – it is the bridge between

___Finance Committee reviews methods to

efficiently spend OLCA monies, fee

Personal information will used only for OLCA purposes cited and not given to others.

My Name____________________________

Street Address________________________

Home or Work Phone__________________

Cell________________________________

our Community and our Board of Directors.

 

 

Standing Committees include:

collection and billing policies, and more.

 

___By-Laws Committee suggests updates

 

___ I’ll provide my email to save resources

to our by-laws and helps assure compliance

TMK _______________________________

 

with policies and procedures.

___Community Lot Development Committee looks at various site plans, community needs/interests, and sources of funding for our lot.

Proposed Committees include:

___digital billing

email_______________________________

____I would like email notification of General Membership Meetings and Special Membership Meetings. Note: OLCA no longer provides written notification.

COMMUNITY LOT DEVELOPMENT — I am willing to donate $_________ when I pay my fees. Donations to roadwork also accepted.

Our website: www.orchidland.org provides access to the latest info, including detailed OLCA finances, meeting minutes, community activities and past history.

Your cooperation in the chip-seal resurfacing project would be greatly appreciated. Please forgive the inconvenience, drive slowly and cautiously on newly chip-sealed surfaces, and help prevent others from damaging them. ~

___Website & Electronic Media Committee to provide current OLCA information by keeping our website & other official OLCA electronic media sites updated and fully accessible.

___Road Captain’s Committee a group of volunteers coordinating road maintenance and repair with their neighbors on their roadways, while working closely with the Board of Directors/ Road Committee.

___Agriculture Committee to address

agricultural land use, issues and

___Commercial Property Owner’s Committee to represent the commercial interests and to establish an ongoing cooperative working relationship with the Board of Directors.

___Social Committee coordinates social

events, fostering a sense of community,

___Neighborhood Watch Group unites

individuals to report crime, dumping, unsafe

___Civil Defense/ Emergency Response

 

 

 

improvements for our Community.

 

 

welcoming new members.

 

driving, and other suspicious activity.

and for

___newsletter.

 

 

 

OLCA NEWSLETTER PAGE 4 JUNE 2015

 

Data Processing Firm Hired

 

Vijay Karai Candidate Statement

 

 

(continued from page 2)

OLCA has contracted with Data Processing Services, Inc. for accounting, bookkeeping, billing, collection and payables services. DPS, a Hilo business, is used by other local community associations of similar size. This move will save us more than $14,000 annually. The annual billing statement may arrive a little later than usual as a result of this transition.

The Board of Directors thanks Lisa Johnson, who served as the OLCA bookkeeper prior to our transition to DPS. ~

By electing me to the board, you’ll be binding my

heart and soul to the community. Why would you

2. I have traveled on the mainland extensively for

photography but am rooted now in this beautiful

community of Orchidland. I have a wife, a son, a

daughter, 6 dogs and 2 cats. My 4-acre property

is ideal for developing a self-sustaining lifestyle.

We grow fruits and vegetables extensively and

 

want to do that!

 

we raise some chickens and do bee keeping.

So you see I am busy with so many things and really do not have any time for the shenanigans that have been going on at the Association. I might try and stop all that, spoiling the fun for some, so why would you want to do that!

 

Upon any lot owner becoming delinquent for more than one year after the due date for payment, the BOD may enforce collection by obtaining a judgment against the property owner through small claims court. If the balance is not cleared or the lot owner does not commit to an installment payment plan, the BOD may place a lien on the property through the Bureau of Conveyances or Land Court of the State of Hawaii. The delinquent lot owner may also incur the collection fees involved. Foreclosure proceedings are prohibited against delinquent lot owners. However, OLCA is not barred from any other remedy available to the Association pursuant to law. ~

 

All owners of Orchidland Estates lots abutting private road ways, which are owned in common, shall be assessed mandatory road assessments as authorized by the State of Hawaii Court Summary Judgment dated April 3, 1992.

3. My interest in becoming a Director next term is to help make this a thriving, well-developed, safe and welcoming community. If that doesn’t sound corny to you what would! Please do not select me to the board. If you do, all of these things might come true.

4. I want to make sure that the Association is held together with the common purpose of maintaining good roads, help build a community center, and on the whole become an ideal place for any family to move in and or build for a comfortable living. That sounds phony to me, does it sound phony to you. If it is too good to be true, it usually is!! Do not select a phony person to the board.

5. Let me give you a final warning, if you select me I will commit to serve the Association for at least one whole year and hope to continue later. You are already getting sick of me, how could you stand me for a whole year or more.

Heaven forbid, if you do elect me to the board, I

might write another article of 5 reasons why you

 

 

 

Collection of MRMA Fees

 

Orchidland Community Association and its Board of Directors extend our condolences to the family of

Karen Doom
who passed away in April. For many years, Karen served as the accounts receivable & payable

clerk for OLCA . She will be missed.

 

 

did the wrong thing!!!!

Editor’s Note: Vijay brings humor to every situation.

 

 

PROXY

PROXY FOR VOTING ON ISSUES

IN OLCA GENERAL AND/OR SPECIAL GENERAL MEETINGS

If you cannot attend an OLCA Membership Meeting, you may assign another person of your choice to cast your vote by proxy. Fill out the information below if you wish to assign a proxy. This form must be received by June 24, 2015

I appoint and authorize the person below (check one) to be my Proxy whether or not he/she on the OLCA Board of Directors.

•  ___ Rick Turner

•  ___ Skylar (Sky) Platt

•  ___ Tegen Greene

•  ___ Thomas McCandless

•  ___ Vijay Karai

•  ___ Other ____________________________

  ___ Proxy valid for all General Membership Meetings for 12 months from date of signing ___ Proxy valid for all General and Special Membership Meetings for 12 months from date of signing

  
  Print your Name: _________________________________________
  Mailing Address: __________________________________________ _______________________________________________________
  Phone: _________________________________________________
  TMK Number(s) of Lots In Orchidland Estates That You Own:

  ____________ _____________ _____________ _____________

  ____________ _____________ _____________ _____________

  By signing this formI attest I am a member in good standing of the Orchidland Community Association. In accordance with the OLCA Bylaws, members who are in good standing are entitled to one vote per TMK. Multiple lot owners must be paid in full on ALL lots owned to be in good standing. Your TMK (Tax Map Key) is on your newsletter label.

  Hawaii Nonprofit Corporations Act Section 414D-113 states “Unless the articles or bylaws prohibit or limit proxy voting, a member may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an attorney-in-fact... An appointment of a proxy is revocable by the member.”

 

___ Don Stoner

___ Gerald Akana

___ Peter Houle

___ Ric Wirick

 

___ Barbara Arthurs

___ Richard Greever

Check one that applies

 

 

 

 

______________________________________________________

 

Signed: ________________________________ Date: ______________________

 

 

 

 

Orchid Land Estates Lot Owner P O Box 280
Kea`au, HI 96749-0280

 

 

 

BALLOT
Orchidland Community Association P O Box 280
Kea`au, HI 96749-0280

 

 

OLCA 2015-2016 Proposed BUDGET

2015-2016

2014-2015

Administrative Expense

(proposed)

Data Processing/Bookkeeper

$24,000.00

$20,400.00

Accounts Receivable/Payable

see above

$18,000.00

Minutes Recorder

$4,200.00

$4,000.00

Ballot Tabulation

$0

$500.00

BOD Liability Insurance

$13,500.00

$13,500.00

Bond Insurance

$1,000.00

$1,000.00

CPA

$6,000.00

$6,000.00

Legal/Professional Fees

$5,000.00

$6,000.00

Liens Expenses

see below

$5,000.00

Collections Expenses

$4,000.00

$2,000.00

Facility Rental

$1,200.00

$575.00

Office Supply/Phone (Lisa 1500)

$1,360.00

$1,500.00

Postage

$3,500.00

$3,500.00

Printing

$3,000.00

$3,000.00

Property Tax

$360.00

$360.00

Website

$300.00

$500.00

Miscellaneous

see below

$1,000.00

Contingency

$2,500.00

$2,500.00

GET contract taxes

$1,350.00

$1,500.00

Bank Charges

$120.00

$120.00

Refunds to Lot Owners

$400.00

$400.00

Administrative Expense TOTALS

$71,790.00

$91,215.00

Administrative Income

Administrative Fee (from MRMA)

$67,540.00

$86,965.00

Liens Cleared

n/a

n/a

Transfer/Refinance Fees

$4,000.00

$4,000.00

Misc

$250.00

$250.00

Administrative Income TOTALS

$71,790.00

$91,215.00

2015-2016

2014-2015

Road Expense

(proposed)

GET contract taxes

n/a

n/a

Administration fee (to BOD fund)

$67,540.00

$86,965.00

Paving Fund

$0.00

$0.00

Capital Fund

$0

$4,641.00

Liability Insurance

$6,200.00

$6,200.00

Contingency/Misc Fund

$3,000.00

$3,000.00

All Roads

$111,420.00

$59,767.00

MRMA road reimbursements

$0

$2,000.00

Trash Removal

$500.00

$500.00

Road Expense TOTALS

$188,660.00

$163,075.00

Road Income

MRMA $100 x2408 lots x 70%

$168,560.00

$142,800.00

To Paving Fund

n/a

n/a

To Chip Seal Maintenance

n/a

n/a

Receivables (MRMAs Past Due)

n/a

n/a

Bank interest

$100.00

$100.00

Late payment interest

n/a

$75.00

Donations

$100.00

Previous MRMAs Paid

$20,000.00

$20,000.00

Road Income TOTALS

$188,660.00

$163,075.00

OLCA BALANCES as of April 30, 2015

General Fund

$1,959.00

Road Maintenance

$83,669.00

Paving Fund

$62,410.00

Board Administration

$22,954.00

Community Lot Fund

$10,538.00

Capital Fund

$29,583.00

Chip Seal Fund

$257,904.00

Legal Fund

$103,344.00

TOTAL BALANCE

$572,361.00

WHY PAY YOUR OLCA ASSESSMENTS?
The MRMA amount has been $85 for most of the last few years. A $15 increase to $100 does not even begin to match the increase in the cost of living, including the price of asphalt and machinery operation that Orchidland must pay for road improvements. Not to mention the price of tires and auto repairs caused by lack of road maintenance. Owners of Orchidland lots own the all roads in common. Roads cannot change unless you agree to raise the MRMA and a greater percentage of owners pay it. The current Board expects that you will see a noticeable improvement of

Although the proposed $100 Paving Assessment is not at this time included in the mandatory fees, it is a reasonable annual charge for you to drive on the paved road to your property, just like many other bills you pay which are not called “mandatory”. The first increments of ALL the MARs were paved many years ago with the prioritizing order based on the number of users. The final increments of several Main Access Roads (MARS) still need to be paved and the people who drive these unpaved roads have been waiting 15 years for their turn in the original Paving Plan. These MARs are Ilima from 35th to 37th, Pohaku from 37th to 40th, Laniuma from 36th to 40th, and 40th from Laniuma to Oliana. To be FAIR, those not using the unpaved roads still need to continue to pay toward the Paving Plan, just as those driving on the unpaved MARS roads paid for your asphalt-paved roads for the past 15 years. To be FAIR, please vote for the proposed fees & pay them when billed so that those furthest from the highway can benefit. ~

 

the chip-sealed and side road conditions in the next month.

 

Orchidland Community Association P O Box 280
Kea`au, HI 96749-0280

Address Correction Requested 

 

http://www.watercolorwoman.net