In response to KathyH's post - you made a valid point. And since one cannot access this information unless they are a member of the Fern Acres Yahoo group, I am posting the four conversations here for perusal by anyone who is interested in the details. I hesitated from doing it initially because of its length. It is in reverse order with Ms. Pueo's initial posting at the bottom and then working it's way up to the final post by Marge Claybourne.
RESPONSE FROM MARGE CLAYBOURN OUTLINING HER REACTONS
COUNTY COUNCIL ELECTION - DISTRICT 5
I recently rejoined the Fern Acres Association website and decided to read the conversations to bring me up to date on what was going on here.
Though this website is designed to disperse all sorts of information to the residents including political events, I was surprised to find that it has been used as a political platform for one of the individuals running for County Council District 5, i.e. Frances Pueo.
With the primary elections almost upon us I read the post of Ms. Pueo with great interest. Then I came across the posting by Hank Schultz and, while I read his comments, the red flags began to go up.
Then I came across Ms. Pueo’s response to the Schultz posting and more red flags went up. I reread all three postings again trying to figure out why the pieces did not fit. Then I located the history file of Fern Acres on fernacres.org. and more red flags went up. What I did find is that Mr. Shultz’s response to Ms. Pueo coincided with the history presented in the website document.
Mr. Shultz’s response did not attack Ms. Pueo’s post but merely stated facts and nothing more; and yet Ms. Pueo’s response included the phrase ‘. . . met with animosity.’ There was no animosity that I noted but it did raise the question as to why Mrs. Pueo would write that.
So I, once again read Ms. Pueo’s post and the questions began to rise from every paragraph: according to her initial post - and Mr. Schultz’s response, Ms. Pueo mis-reported facts and timelines. The Fern Acres history page on fernacres.org states that there was an association created in 1963 and it was legally chartered by the State of Hawaii in 1967. Bylaws were written as part of that process - so, Ms. Peuo could not have created the Association nor crafted the Mandatory Road Fee Bylaw in the mid 80’s as she stated or implied in her post. The above are verifiable facts from the website.
In reviewing all of the newsletters from the 1980’s, I was surprised to find that Ms. Pueo was never mentioned as a member of the Board of Directors of the Fern Acres Association nor was she ever mention as part of the tedious legal process required in crafting Bylaw Amendments or the Mandatory Road Fee legislation (as she stated) during that time period. She most certainly would have had to be a member of the Board of Directors or at least a member of the Road Maintenance Committee in order to have accomplished what she has claimed.
I am not necessarily a politically oriented person but with regard to this up coming election I will now make it a priority to ensure that the person elected has the credibility required to hold and fulfill this very important office.
RESPONSE FROM MS. PUEO’S INITIAL POSTING TO HANK SCHULTZ’S POSTING
Hank,
It’s unfortunate that my contribution of being a vital part of the history of Fern Acres legal challenges in the 80’s met with animosity. I found that my contribution was not welcomed. I can remember as if it was yesterday, flying over from Oahu, and walking into the courtroom handing my letter to the clerk, who then took it to the Judge in his chamber. Your attorney I believe was Mr. Oda, as I saw him for the first time in the court room.
It was the beginning of a long and stressful time with legal paperwork going back and forth which lasted what seemed like a life time, even though it was a year more or less. It seemed like every time the post man came, so did the legal paperwork which I had to response back.
Although all my paperwork was lost in the Kaiwainui Flooding on Oahu, I’m sure court records will show my contribution to what we have now. Be mindful, that my name has been changed since then.
Frannie
RESPONSE FROM HANK SCHULZ TO MS. PUEOS FIRST POST
I have just finished reading the political ad by Frannie Pueo on the FACA website.
She states that there was no Association before the 80's. FACA was chartered and the bylaws written and approved bySidney Hahimoto Director of Regulatory Agencies State of Hawaii on 16th day of May 1967.
The road maintenance declatory judgment was approved by the circuit court March 6, 1987.
Paradise park subdivison had road maintenance fees before Fern Acres and was the basis for the judgment.
Hank Schultz
Vice President Fern Acres Community Association
FACA resident and member since 1986
MS. PUEO’S INITIAL POSTING
Aloha all?. Frances ?Frannie? Pueo candidate for County Council District 5.
My history is that I am a proven "doer" getting involved and making a positive difference in our community, and too an active supporter of our FA -Neighborhood Watch, by attending the monthly meetings. Reminder, the meeting is tomorrow Wednesday, 6/25, starting 6:15pm.
I am one of a few early pioneers that helped get our FA association /Road Maintenance fees structured and legal. Our subdivision was the first to implement a mandatory road fee back in the 80's, through the courts. Presently, other subdivisions are still struggling to do so some 30 years later.
This all started when I purchased my property in Fern Acres in the 80's. At that time there was no legal official association recognized by the county or this state. This I know because I did a thorough research. When I questioned the Title Company that researched for any liens, etc on my property about these people legitimate demands for road and electric pole fees, they said to ignore them. Still, I further investigated and found at that time that there was no record of this group as a legal association to demand or collect funds from property owners with any Hawai'i County or State Government departments. I also went to the state capitol to review any new legislature on this, and even flew here to see the mayor. The answer was all the same.
During that time, I didn't think we needed a road maintenance fee until our Hawai'i County agents assured me, the only way the county would take over our roads was that "we" the sub-division at our own cost had to bring it up to county road code standards. Our subdivision needed to have a legal association first to be able to collect dues.
That's where I got involved with my input, a friend and lawyer advised me that the association should write up an official FA Association by-law, under legal status of the state with rules of order, etc., to including mandated road maintenance fees. Then with review from all concerning parties, have it agreed through the court system to make it legal. If I recollect Mr. Stuart Oda was their Association attorney.
I suggested that our road M-fee start at a reasonable amount and increase at a low ratio percentage over time, and this was written into our agreement. This was necessary to prevent aggressive unlimited fee charges in the future from being implemented to us from year to year by the discretion of the Board. Not that they would, it just was good sense to have everything in writing.
That was my positive contribution by getting involved with positive results for our subdivision. Combine input and effort from both sides, our FA association was legally structured in accordance with the laws and could then legally request for road maintenance fees. In all this, I made it clear, that if a lot owner became delinquent in paying their road M-fee, only liens could be placed against the property
My reasons were many.
1st. I felt at that time it was a new concept for FA property (land) owners who already accept paying county land taxes, now had to also pay mandated legal road M-fees to the newly formed FA association. I stipulated only liens could be placed on property for non- payment of FA- Road Maintenance dues. It was to prevent any unreasonable quick land foreclosure procedures against property owners. Remembering people had purchased their property back as early as the '50, '60's & 70's. Now in the '80's they have to pay "mandated" road fees where they deed fell silent of this.
2rd. Economics/Hardships - A concern. The Hawai'i job market is always lean, and I did not want anyone losing their property because of such hardships and becoming homeless for not paying their road maintenance fee.
I am a descendant of plantation workers first assigned to the Onomea Plantation near here in Hilo in 1880. My work experience encompasses farming, business manager, tourist industry, transportation, research, union shop steward, and now active in organic farming here in our community.
I have volunteered with the Red Cross, Hospice, and worked with abuse kids in the Unicorn Therapeutic Horse Program. Founding Hui Pono Holoholona in 2006, over 3,000 dogs and cats have received low cost / no cost spay/neuter services thru the 501c3 nonprofit.
To see my views on issues of today please take a few minutes to watch ?you tube ? or go to my face book.
https://www.youtube.com/watch?v=CqTKflKVyo8 and
www.facebook.com/FranniePueoDistrict5
I?m also running on a grass roots campaign, and your donations can be sent to
Frannie Pueo for Dist 5, P.O. Box 943, Mt. View, Hi 96771.
I believe a representative should be accessible to the people.
To contact me call 769-1128 or email Pueo4Puna@...
Much Mahalo for your time and consideration of your vote.
Frances "Frannie" Pueo, County Council candidate for District 5.
