May 2023 Meeting Minutes

Enchanted Lake Residents Association Board of Directors Meeting Minutes
Emmanuel Episcopal Church, Tuesday, 9 May 2023

PRESENT: Greg Colbert, Mike Compton, Linda Jenks, Connie Jewell, Todd Jewell, Alan Richardson, Fran Tannen, Cindy Turner, and Don Young

ABSENT: Dustin Dawson, Gus Gustavson, Danny Medeiros, and Margaret Novack,

CALL TO ORDER – Don Young: The meeting was called to order at 7:07 pm. A quorum was declared.

APPROVAL OF THE MARCH MINUTES – Connie Jewell: Draft minutes were emailed to the Board prior to the meeting. T. Jewell moved to approve the March minutes and L. Jenks seconded the motion. The remaining members approved the minutes report unanimously.

FINANCIAL REPORT – Gus Gustavson/Alan Richardson: The Monthly Financial Report for April 2023, as well as the Actual versus budget Spreadsheet Year to Date were emailed to the Board along with the following summary prior to the meeting:

• There are no significant changes in the ELRA finances for the month of April 2023.
• The American Savings Bank April end of month balance is $2,252 in savings and $25,953 in checking.
• Alan Richardson and Adam Bookatz will be preparing the FY 2023-2024 Annual Assessment Invoices in May for mailing in early June.

The Financial report was approved by acclimation pending audit.

ADMINISTRATION:

1. Correspondence Report – Don Young: No report.
2. Kailua Neighborhood Board Meeting Report – 4 May 23 – Linda Jenks: See Appendix A on page 5 for report.
3. Virtual Conference Service Provider Options – Don Young: It was discussed and decided to subscribe to Zoom for the even month virtual ELRA Board meetings. C. Jewell volunteered to set up account for the June meeting.

5-1 Task: Set up Zoom account prior to June virtual ELRA Board meeting – C. Jewell

2023 Goals and Objectives Review – Todd Jewell/All: D. Young started the discussion with updates made to the Executive Committee goals and objectives. He proposed changing the title of the New Directors Orientation document to a more generic name so that it may be used for other purposes. After much discussion, it was approved by all in attendance to change the title to ELRA Director Information Packet. Lake Environment goals and objectives were discussed next. L. Jenks will email a copy of the draft goals and objectives to the Board members following the meeting to be discussed further at an upcoming board meeting.

5-2 Task: Change New Directors Orientation document to ELRA Director Information Packet – D. Young

5-3 Task: Send ELRA Board Members draft Goals and Objectives for Lake Environment Committee – L. Jenks

COMMITTEE REPORTS:

Dredging Committee – Greg Colbert:

• • Mid Pacific Country Club (MidPac) – G. Colbert called his new neighbor Alex Cody, member and member of Mid Pacific Country Club (MidPac), to join our meeting to discuss the status of MidPac as a possible site for dredging material. They spoke with Canus Day (incoming chairman for the membership board and has a house on the canal just outside of the lake line) and received a non-committal response that they would like to help if they could, but they do not have any projects going on or space available, etc. A. Cody also sent a high-level email to Ron Hass, General Manager of MidPac mentioning their property as a potential site for dredging material as well and will try to pull him aside to discuss it further. A. Cody believes that there is still some opportunity to get MidPac to use some of this material for fill and will continue to push for it to happen. He will also help G. Colbert get in front of the Grounds Crew Superintendent of the property and explain what this material could do for the course and/or the property.
  • Olomana Golf Course, Waimanalo – G. Colbert spoke with Alex Cuevas, Director of Operations about the possibility of accepting dredging material for their property. Cuevas was non-committal but willing to continue the conversation further.
  • Waimanalo Farms – –D. Young received the following bioassay test results from UH’s Theodore Radovich for the bioassay test:

100ml of sediment (debris removed) was homogenized with 900ml of peat-based potting media (Sunshine mix #4).

100 seeds of green onion (Allium cepa ‘Koba’) were sown 3/1/23.

Emergence was estimated at 75% 7 days after planting. Emergence considered acceptable based on seed age (2 years). No phytotoxicity at 10% sediment content observed.

Seeds failed to germinate in 100% sediment, most likely due to high salinity (20 mmhos/cm). that showed no problem materials were found. In an experiment where they mixed dredging material with some peat moss and planted seeds, they got some immediate germination of seedlings and when they planted seeds directly in the dredging material, they did not get much germination without it the results were minimal.

• • Build Island on the Lake (like Hawaii Kai) – G. Colbert suggested to at least obtain a state State 401 permit that would allow us to build an island and/or peninsula as a backup that may be far cheaper than trucking the dredging material.5-4 Task: Find out the cost of a State 401 permit and put together a proposal – G. Colbert
  • Area used to shave off the large hill near Castle intersection – G. Colbert will go ahead and send a letter to Alex Baldwin from A&B to see if there is an interest (Bourke volunteered to write a draft letter at the April ELRA Board meeting.)
  • Pacific American Foundation (Herb Lee/Derek Esibill), Kaneohe – C. Turner brought up possibility of donating to the Pacific American Foundation to take the dredge material to build up the land by the fishpond.

5-5 Task: Talk to Derek to see if Pacific American Foundation is a viable option for taking dredging material – C. Turner

G. Colbert concluded his report by announcing that the two new barges are ready and the repairs to the old barge have been completed and ready for use. The barges will be stored at G. Colbert, G. Gustavson, and D. Young’s residences.

 

Environmental Committee – Linda Jenks:

• Derek Esibill recently came into possession of some of the nutrient data that was collected in December. He is reviewing it and will provide a report to us.
• The recent big storm did not get up to flood levels to officially open the berm, however someone did go down there when the lake was high, and the tide was low and dug a small channel with their hands and opened the berm in about 20 minutes. By late afternoon and it was a wide opening and a raging torrent. Derek noticed this and said that it resulted in a very good salt exchange.

Operations Committee – Mike Compton: Turner read the following report from M. Compton:

• Only one lake engagement this month. They had a sticker, but it was not affixed. No other boat issues.
• The water level was very low but rising slowly. Salinity is about as low as I have seen. Currently 7 ppt (Ocean ~35).
• The lake cleanup was delayed to allow scheduling of all required participants. Thank you to the volunteers for barges and labor. We will announce the new date as soon as possible. We will invite the canoe clubs, but this will not be canoe club event. Note: Kukilakila has been very helpful in this effort.
• The boat is operating fine. It needs a new bumper rail and edges so M. Compton is looking for the parts and believes he can install them.

Membership Committee – Danny Medeiros: Young reported for D. Medeiros. The Membership Committee met regarding 658 Iana Street and recommend sending them an application for Associate Membership and a $100 annual fee which will include one sticker for a non-powered boat. Any additional watercraft, up to four total, will be assessed an additional $10 per vessel.  G. Colbert made a motion to accept the Membership Committees report for Associate Membership and $100 annual fee. It was seconded by A. Richardson and approved by all in attendance.

5-6 Task: Send email with Associate Membership application to 658 Iana Street resident. – D. Young – Completed.

OTHER BUSINESS:

2023 ELRA Annual Meeting – Don Young: Young proposed to have council member, Ester Kia’aina be a guest speaker at this year’s annual meeting. It was supported by all in attendance and D. Young will get in touch with Ester to get it on her schedule.

ELRA Website – Cindy Turner: Turner is updating ELRA’s website and will create a password protected Directors Resource Center that will contain useful information for ELRA Board members as well as a link to ELRA files in Dropbox. C. Turner also plans to send a Newsletter regarding meeting in the middle of the lake at 6:00 pm for a party on Independence Day.

5-7 Task: Update ELRA’s website with a password protected area for Board members – C. Turner

5-8 Task: Send Newsletter regarding Independence Day party at 6:00 on July 4^th. – C. Turner

AJOURNMENT: D. Young adjourned the meeting at 8:48 pm.

MINUTES SUBMITTED BY: Connie Jewell

NEXT MEETING:

• Board of Directors Meeting: 13 June 2023 at 7:00 pm – Virtual
• Kailua Neighborhood Board Meeting: 1 June 2023 at 7:00 pm – Don Young

Note: See the Enchanted Lake Residents Association/Ka’elepulu Pond website’s home page for meeting schedule and link to the approved board meeting minutes (kaelepulupond.org).

2022 OPEN ACTION ITEMS:

• 2-1 Task: Contact local mountain and motor bike clubs to seek cooperation concerning trails. Consider writing letter to private owner making them aware of the impact of the trails on down slope homes and Lake – To be addressed in the future.
• 8-8 Task: Follow-up with Kamehameha Schools regarding their payment of Maintenance Fees – G. Colbert

2023 OPEN ACTION ITEMS:

• 1-5 Task: Contact Blue Ocean Barns to discuss possible harvesting of seaweed in the Lake – G. Colbert
• 2-1 Task: Draft letter to DFM describing ELRA Activity, sharing our data, and encouraging them to clean out the drains on a regular basis. – L Jenks, D. Young
• 2-2 Task: Replace “Private Lake” sign(s). – M. Compton/G. Colbert
• 4-3 Task: Review/Add 2023 Operations Committee Objectives and Goals – M. Compton, Lead
• 4-4 Task: Review/Add 2023 Membership Committee Objectives and Goals – D. Medeiros, Lead
• 4-5 Task: Review/Add 2023 Community Relations/Communications Committee Objectives and Goals – M. Novack, Lead
• 4-6 Task: Review/Add 2023 Dredging Committee Objectives and Goals – G. Colbert, Lead
• 4-7 Task: Review/Add 2023 Lake Environment Health Committee Objectives and Goals – L. Jenks, Lead
• 4-10 Task: Contact Ester Kia’aina to discuss Olomana Golf Course as a possible dredging material site – D. Young
• 4-12 Task: Follow up with the mayor regarding the schedule to have filters cleaned – L. Jenks
• 4-13 Task: Request Water Quality report from Derek Esibill for the Board – L. Jenks
• 5-1Task: Set up Zoom account prior to June virtual ELRA Board meeting – C. Jewell
• 5-2Task: Change New Directors Orientation document to ELRA Director Information Packet – D. Young
• 5-3 Task: Send to ELRA Board Members draft Goals and Objectives for Lake Environment Committee – L. Jenks
• 5-4 Task: Find out the cost of a State 401 permit and put together a proposal – G. Colbert
• 5-5 Task: Talk to Derek to see if Pacific American Foundation is a viable option for taking dredging material – C. Turner
• 5-7 Task: Update ELRA’s website with a password protected area for Board members – C. Turner
• 5-8 Task: Send Newsletter regarding Independence Day party at 6:00 on July 4^th. – C. Turner

APPENDIX A: Kailua Neighborhood Board Meeting Report – 4 May 23 – Linda Jenks

Announcements:

Kailua Neighborhood Board elections are going on currently, there are competitive elections for the 14 seats. Our subdistrict, #2, does not have more candidates than seats, so there is no election for us. Of note, Alan Akao, who has been our subdistrict representative, resigned today.

All KNB Committee meetings for this month will be located at the Kalama Beach Park instead of the Kailua District Park due to a one-time-only scheduling conflict.

The KNB survey that was passed out at the I Love Kailua party 4/23/23 is still available online and can be accessed on the KNB Facebook page.

The link for this survey is https://forms.gle/5BxQ4XGQ8MPdv7Lu6

The deadline for submitting the survey is May 7th.

All meeting videos are available on the Olelo channel. Go to the City & County website for neighborhood boards to see the schedule for broadcasts.

At Levani Lipton’s Water Quality meeting next Thursday (which will be at Kalama Beach Park or available online via zoom) there will be a representative from the environmental control services that will be discussing the procedures they follow at the wastewater treatment plant.

Public Agency Reports:

Of note, the police report gave numbers of criminal activity that is decreased from previous months, and there is no clear reason for the declines. Board members requested that we get a comparison of the numbers of incidents from this year as compared to last year’s numbers. HPD will work on this and get back to us.

Board of Water Supply, with 5 water main breaks in past month, mostly in Enchanted Lake. Request for plan for what to do with wells once PFAS have been discovered. Rep to get back to the board next month.

Marine Corp Base representative 1st Lt Mark McDonough reported that overnight camping at Bellows will be suspended due to turtle nesting season until mid-September, or whenever turtle nesting season seems to have subsided. Lots of discussion about the types of aircraft that will be stationed at MCBH, the housing and cleansing procedures, the noise. They are also facilitating the initiation of a ‘reef fence’ on the Eastern section of MCBH that is initiated by the UH Marine Biology Research Dept. for the purpose of stimulating reef growth.

Question about sewage discharges. Outfall pipe for both Kailua waste water treatment plant, which merges with the outfall pipe from MCBH, runs out about one mile off shore and is 100 feet deep. Communications about discharges in the past have been reportedly poor. DOH was also noted to be deficient in notifications to the public.

Next KNB meeting on June 1st will have a presentation from City & County regarding their procedures and notification processes for discharges that exceed permitted amounts. Specifically they will address what happened during events in 2021 that they have not been able to address, due to litigation that was just settled in December.

Mayor Blangiardi’s representative, Shayne Enright, took criticism from board member John White about the poor condition of our parks. Other board members voiced multiple other concerns also. Public concern over debris/trash on Kapa’a Quarry Rd. Information was referred to the mayor’s office.

Gov. Green’s representative Erin Conner answered a question from last month about the projects in Kawainui Marsh. DOFAW’s  (Department of Forestry and Wildlife) original water delivery system for habitat restoration in the ponds did not function as designed. In 2020 DOFAW received funding to modify the water delivery system, repair the pond berms, remove accumulated soil from the pond bottom. They are currently working with the consulting and engineering division, to finalize specs, compliance with designs and drawings to procure construction and improvement.  In the meantime, DOFAW is strategically managing the micro habitat within the ponds systems that are naturally acting as wetlands. They are tentatively scheduling the beginning of construction in 2024.

Levani Lipton requested help in getting a sign back up, that was previously on the Kawailoa bridge near Buzz’s, that was a ‘pollution’ sign. It read ‘caution, possible pollution’. She would like it replaced as a warning to visitors.

She also asked why DOH is not posting signs when water pollution is likely. She called DOH asking why there was no signage, and the response was that they would not post possible pollution signs every time we had a storm. This seems to be a disservice to visitors, to not warn them when there is possible risk. She offered one possible solution would be to involve lifeguards in water quality assessment, and to do some basic notifications with signage. There currently is no sign posting for brown water events. There are only postings when waste water discharges exceed permitted levels.

Also offered as a possible solution by Chairman Bill Hick was a permanent sign board near the lifeguard station that could be daily updated, to inform the public as to the current status of the water.

Resident and Community Concerns

Amanda, who is the executive assistant to Earl Kim, the Head of School at Le Jardin Academy, wanted to be on record, that contrary to what has been reported, the school does not condone the recent decision by The Bus to discontinue the route that serves Le Jardin. It will impact students who do not have transportation otherwise.

Randal Hu made several comments, some of which were incomprehensible. He noted the inconsistencies in the assessed values of neighborhood properties and the tax consequences.

Concerns were raised about the project at 330 Kuulei Rd. Donna Wong relayed that very little is known about the project because it is being built under Bill 7, which was passed in 2019. Under this bill, everything is handled administratively, in that it does not go before the City Council for approval. There is no public notification, and no opportunity for public input. The application was submitted in 2022.  Bill 7 was originally crafted out of the need for affordable housing, and public input, which can slow a project, was eliminated.

Per Esther Kia’aina, the project is apparently a 60 ft structure, versus the 40 ft regulation height for buildings, which is authorized through Bill 7. There may be 40 units involved. There is a possibility to request a presentation by the developer. Board member Jade Lau questioned why we have sustainability plans and guidelines if they are ignored in these situations.

The 40 ft height limit for commercial was initiated after the Meridian East project was built, and a citizen movement arose. It is 25 ft for residential. The 40 ft limit is in the Ko’olaupoko Sustainable Communities Plan for the City and County of Honolulu.

Michael Mao presented information on Point 1 Vision Honolulu Pentathlon to be held August 26-27th,  a multi-sport race that will start with a swim at 6am in Kailua, starting at the boat ramp. Will get out at Castle’s beach and start the run portion. Conclusion of the race will be at the boat ramp later in the day. Minimal impact expected. Request was made to let the paddling community know.

Elected Officials

Senator Chris Lee-bills passed include traffic safety issues, online drivers license renewal, police conduct records accessibility, requirements for equal pay based on gender, reduced transportation emissions, restrictions on use of Honolulu ports for vessels involved in offshore/undersea mining, allowing vehicles involved in illegal dumping to be impounded, protection of Kaiwi Coast against ‘improper’ development. Appropriations include $3 million for Kailua Library upgrades, and $7 million for land purchase of one thousand acres in Maunawili Valley to protect historical sites, which has been many years in the making. Will be put into conservation land.

Councilmember Esther Kia’aina-she is involved in a group that is looking at property tax assessments. If anyone has concerns about their assessments, contact Council Member Kia’aina. Oahu Business Recovery Grant applications will be re-opened May 15th. Commercial use permits course of actions will take a break after May 25th to give Department of Permitting and Planning a break. Bill 19-Introduced by the Blangiardi administration, would lift the outright ban on commercial activities at 17 parks in Waimanalo, Kailua, and throughout the North Shore. It is presented as a way to better regulate commercial activity, but there has been significant controversy. Council member Kia’aina has been active in the discussions and hearings that are ongoing and feels that illegal commercial activity has been on the increase just due to the fact that a repeal of the ban is being discussed.

Senator Jarrett Keohokalole-There is a huge transition in government with many new cabinet members under Governor Green’s administration. 40% of the House of Representatives are new, 25% of the Senate are new. There is a budget surplus, bills have been focused on climate change, homelessness, housing, and for tax relief. He thinks that for the most part, the legislative body was able to address these issues. He added “we got all of that done”. He agrees with putting a “big chunk of money” in the rainy-day fund. Things still “hanging” are the “green fees”, tax relief, and a huge carry over of budget surplus. One major capital expense was getting a new football field for Kailua High School.

Representative Lisa Marten-Hamakua cleanup on July 15th, 8-11am, call office for more info. Ethics Commissioner former Kailua Neighborhood Board member Robert Harris played a huge role in recommending new policies, many of which were addressed in bills regarding rules of campaign contributions, stiffer penalties for fraud, and others. Work has been done on education regarding sex abuse and prevention of sex abuse.

Representative Natalia Hussey-Burdick-Legislative session ended today with a budget surplus of 2 billion. The expenditure ceiling was exceeded by 1.6 billion. Per Representative Hussey-Burdick, the Department of Education was underfunded by 57 million, and the University of Hawaii and the Department of Human Services were also underfunded, and the Hawaii Tourism Authority was essentially defunded. The next election will have an online voter guide. Measures that stalled were to establish publicly funded elections, and a land use reform measure. The Kailua wastewater treatment issues are a permit exceedance, not a sewage spill. The treatment plant often exceeds the permitted levels. The DOH says that they do post signs.

Presentations:

Eric Arikawa, Limtiaco Consulting managing engineer contracted with City & County for sewer upgrade on Oneawa Street. Work will start in June and will end in December of this year. Work will be at night, 8pm to 5am, Sunday to Thursday, no holidays. Will be going one block at a time.

John Titchen, Chief of Ocean Safety update on improvements at Alala Point. Will be building a new facility on site, this will be the first facility on island for Ocean Safety. 287 lifeguards island wide. Facility will be 1680 sq ft,  16 ft tall. Groundbreaking will begin in July.

Board Business:

KNB intends to participate in the July 4th parade, concern was voiced that not enough board members will participate. Application fee will be submitted if nine members are able to commit to participate.

KNB voted to pass a motion to oppose the 60 ft height limit proposed for the development at 330 Ku’ulei Road because it violates the 40 ft height limit for commercial zones in the Ko’olaupoko Sustainable Communities Plan.

-comment by Donna Wong- wants to make sure that this demonstrates that while we do not oppose the development of affordable housing, we do oppose breaking the 40 ft height limit as set forth in our community planning. The Ko’olaupoko Sustainable Communities is passed by ordinance, so that makes it a law. The county seems to say that sometimes it is just a guideline, but it is not, it is a law.

-comment by Steve Trecker- The real problem here is that the powers that be in City & County of Honolulu, City Council, the mayor, and the state, decided that there are 20-40,000 fewer residents on island than are needed. That has been a problem for 10-15 years. What happened historically is that City Council passed a law allowing affordable housing to be done and to bypass certain requirements under existing law, including height limits, amount of parking, setbacks, etc. So, this effort might be misguided in that what we really need to do is to go to City Council and the mayor and let them know this is not the path forward we want to take. This is only one project, there will be more. Perhaps the place to do that is not at this meeting but at the planning, zoning, and environment committee meeting, to take up a different motion, that would address the wisdom of this approach.

KNB voted to pass the motion that the following wording be inserted into Bill 8: Applicants for affordable housing developments under Bill 7 Ordinance 19-8 shall comply with provisions in Oahu’s Development and Sustainable Communities Plans.

-Comment by Donna Wong- Bill 7 Ordinance 19-8 was supposed to expire in 2024. It was supposed to be a pilot project, to see if it worked. And since that time, since 2019, a dozen projects have been proposed, and two have been completed. I don’t know who thinks it works, but someone does, as Bill 8 has been introduced that extends Bill 7 and the provisions of ordinance 19-8, to 2033. We are going to be dealing with this all the time. The citizens who spend their time and their efforts creating the plans for their communities, their voices should be heard, and their plans that are passed by ordinance, should mean something. So what this motion says is that if something is going to be built under Bill 7, that they have to consider the Oahu Development and Sustainable Communities Plans also.

-comment by Jade Lau- how come we have rules if we don’t have to follow them. Can we make this a little more publicly known so that we can get more people to give feedback on Bill 8 before it passes?

KNB voted to pass the motion requesting that the following wording be inserted into Bill 8: Applicants for affordable housing projects under Bill 7 Ordinance 19-8 shall present their project to the appropriate Neighborhood Board during the Department of Planning and Permitting (DPP) 90 day review period (this motion is from the Planning, Zoning & Environmental Committee).

-comments by Donna Wong- so another thing about Ordinance 19-8, is that it has an automatic approval. If DPP does not administratively approve the permit within the 90-day period, the permit is automatically approved. We are saying that this language should be put into Bill 8, so that if they vote to extend this to 2033, and I have no doubt that every council member has voted for Bill 8 so far, that the language would be that every neighborhood board should have at least have a presentation during that 90 day review period, so that we know what is proposed for our communities.

KNB voted to pass a motion to rename the “Pollution of Kailua’s Waterways and Beaches PSPHCD Subcommittee” to “Kailua Water Quality PSPHCD”. Simple renaming.