Minutes

The Lake has a white scum on it and smells bad on mauka side. The water level is down seven inches below normal as the berm has not been opened since June. Fish die offs impending with low Lake level. A shovel opening of the berm for August 27th was discussed. The siphon project is still awaiting permits.Annual fee mailing sent. The articles of incorporation, by-laws and associate membership discussed. Delta Claim. Annual Meeting prices set. Kukilakila island dredging projects bids and progress. Reports of nets being set at night. Report of something getting into the cages and breaking the oysters.

We have issued 15 power boat decals and 70 kayak/rowboat decals. The draft of the proposed changes to by-laws was reviewed. Bill Kinney appointed to fill Bruce Jahnke’s seat on the board. Kukilakila Island dredging project bids presented. The siphon project has been delayed. The City has decided to issue a one month at a time permit for the berm opening at Kailua beach park instead of for multiple openings. A group of algae farmers came to evaluate the types of algae growing and collected a large amount of samples. Franklin’s oysters are growing well and Kuuipo from Kualoa has offered him 20 more bags.

Bob reports that the Lake is not healthy. There is a strange algae bloom that is turning the water grey. A total of 32 barracudas have been found dead and some smaller ones are also dying. Bob believes they are swimming into shallow water and dying of anoxia. Discussed dredging between the shore and the Kukilakila island. Amended by-laws out to directors for review and they will be put up on the website. They should be ready for the annual meeting. Oyster growing process in Kualoa. Kimo’s Cove cleanup. Annual meeting date set for Oct. 27.

There was a recent Plankton bloom but the Lake water is clear. The algae are increasing. There has been a large (28) die-off of large barracudas. Fish samples have been sent to the Federal Wildlife veterinarian. Nothing has shown up in the tissue. The Kamehameha School parcel has a foul odor and needs some cleaning. Residents should contact KS. There is also concern that the Kukilakila island may connect to shore putting nesting birds in jeopardy.

The berm was open for 10 days last month with the heavy rains. The lake level is up and the algae has calmed down. There is an algae bloom of plankton. There was a recent note of 14 dead barracudas. Bob tried to get one to the lab for analysis but could not find a recently demised sample. A fish tagging system would have been helpful in this event. Bob is still working on getting tags.

Bob took a representative from the Division of Aquatic Resources out on the Lake. He suggested that using a trash pump to suck up algae might be successful. Bob is looking into ideas to market the algae. The siphon contract was signed and should start this summer. The Army Corp of Engineers is reviewing the wetland determination report. Cindy shared pictures from recent rains of the area under water. Bob has contacted the developer. Sue will work on rewriting the by-laws to reflect comments made by residents. An e-newsletter went out with good feedback. 50% of those receiving the newsletter opened it the first day.

The berm was opened with limited results so was manually opened by residents on two consecutive evenings. Bob has had some response from Senator Maisie Hirono’s office in working with appropriate agencies to continue the berm openings. A recent Avian botulism outbreak is of concern with low water and fish die offs.There was much discussion of the increased algae problem and different ideas for removing it. Cindy will contact some experts for advice. Cindy reports that the Army Corp has been taking samples and measuring on the wetland property adjacent to Kaelepulu Stream. There is still no building permit but the land developer continues to remove trees and brush. Darren expressed an interest in exploring the opinion from the attorney that suggested the by-laws be redrawn. There was more discussion about addressing concerns from residents and comparing the old and proposed by-laws.

Bob has written a letter to the City asking for assistance with getting the permits for opening the berm. He also provided a schedule and calendar for optimal berm openings. The DOH and Army CofE continue to hold up the permitting paperwork. Sue will send copies of the letter to appropriate departments including Ikaika, Pono and Jill.January 15th will be the last large mangrove removal date. Further smaller ones will be needed to remove seedlings. There should be media coverage of the event and Ikaika has indicated he will assist. Bob and Cindy have drafted a letter objecting to the evaluation of wetland/non-wetland designation of this property. Cindy filed for a Freedom of Information Act to request documents from the Army C of E and was denied. Cindy will draft an informational letter to send to the Lake residents that will be impacted by this development.

The Lake has not been opened in November and will probably not be opened this month. The permit only allows for emergency openings. Bob will send a letter to the Corp of Engineers citing a decrease in water quality and an increase in algae and requesting an opening. He will include a new calendar with optimal opening dates. The last clean-up had a few more volunteers. Frank Schumann has donated use of a large container and Dan O’Brien has donated a back hoe which cuts the work in half. Cindy reports that the 6 acres of land next to the wetlands have been purchased by Richard Wheelock and zoned R-5. As many as 42 homes may be developed. There is some discrepancy in the criteria for what qualifies as a wetland. Because the wetland protects the lake from sediments and pollutants in residential runoff, it is important that the wetland portion of the lots is preserved. Cindy will draft a letter from ELRA emphasizing the need to protect the function of the wetland as it relates to the watershed. Sue will sign the letter and it will go to the Corp of Engineers, City Building Dept and DOH. It was emphasized that the draft of the amendments is a work in progress and it is important to get feedback. Discussion included comments on having more then we need rather than finding we needed more later.

A mediator has been selected and a meeting should take place within two weeks regarding the Delta Claim. DOH has yet to respond to the violation of the Clean Water Act. The Facebook site is up and running. The General Lake Liability plan has been increased with now 5 million coverage. The siphon project has not moved forward. The City has a new drainage permit. The berm has not been opened this month and optimum opening dates will be the week of the 21st. Lake elevation is currently 1.52 ft. which is average.

Pono Pacific has completed the clean-up with the removal of 1200 cubic yards of algae. They worked a total of 1707.25 hours on 43 days. Kelly showed the board the Facebook page which she has designed and will debut at the annual meeting. The berm was opened on schedule and allowed for a fair flushing. Bob shared a letter he sent to Thomas Takeuchi which described the water levels connected with the opening. The opening may have aided in decreasing the algae. Bob is scheduled to remove sandbags placed in an effort to control sediment run-off during Delta construction.

Board members viewed the day’s harvest of algae which had been delivered to Cindy and Hugo’s property. There was much discussion about the extension of Pono Pacific’s contract and what can be accomplished in the time remaining. $40,000 has been spent with another $10,000 due to complete the contract. Bob B and Bob S met with Delta and the attorneys in August. Claims totaling $250,000 were presented. No settlement response has been received. It was decided that the board would like more information from the attorney as to the cost of legal actions and the percentage of a successful conclusion. Bob will set up a meeting for the board with the attorney. Ron submitted a permit draft and received a response which asked for more modifications. Kelly attended the KNB meeting and was able to make contact with a representative from the mayor’s office. The Dept of Facilities has promised a berm opening in September. Optimum dates would be Sept 26, 27 or 19th in that order. The siphon project needs to be rewritten.

Bob B circulated a lake map which indicates which areas have been cleared of algae by Pono Pacific. They are approximately 50% finished. Bob has been coordinating with Pono Pacific daily and the goal is to remove 20 cubic yards/day. There will be a meeting on Wednesday with the attorney, Bob B and Bob S to submit a total to Delta for the clean-up which includes $190,000 for 3 months of cleaning. A settlement would stipulate no further contamination of the Lake. Bob S has contacted American Marine for a dredging estimate. Ron Rickman received a letter from the Dept. of Business, Economic Development and Tourism stating that the Coastal Zone Management requires mitigation proposals and plans and monitoring plans for the permit. Bob B sent a letter to the Army Corp of Engineers and was told that the deadline for comments on the berm openings was last December. There is a permit ready to be signed but no bulldozer can be used. Work must be done with a long reach backhoe and it is broken. Kelly will contact the enforcement officer.

Kelly reported that Pono Pacific was the only company to provide a bid for the algae removal. A contract which includes removal and disposal for under $30,000 has been signed with ELRA providing some of the labor. They are scheduled to begin orientation this week and start work on Monday 7/18/11. The work should take 25 days. We have not heard from Delta recently and the 10 day deadline for a response will be next week. There have been four Lake clean-ups to remove algae. One clean-up was covered on KITV news. Bob B has invented a scooping method using fencing on the front of the boat which works well. Kukilakila has been very helpful in assisting with the clean-ups and allowing use of the boat ramp and disposal bin.

Bob B reports the result of a test harvest in two areas, by Kukilakila and Kimo’s Cove. They were able to harvest 3 cubic yards per hour. There is an estimated 500 cubic yards of algae in the Lake which would fill 50 dump trucks. The algae may double every 4-10 days. The recent rain affected the water but not the algae. Use of our emergency funds for cleanup of the algae was discussed. Ron and Nicole took 20 bags to the dump (with many problems) and state that it smells really bad. The algae dries to a 10%weight. Efforts to be reimbursed through the attorney will continue and she is meeting with Delta on Thursday. Analysis of the soil and algae collected by the drain closest to the construction run off showed increased iron content. There was a motion from Franklin to commit up to $30,000 for work to clean-up the algae bloom. Bob S has suggested that we offer forgiveness of past fees and penalties for residents in exchange for a commitment to keep current on fees for 5 or 7 years. He feels that now is a time when we must present a united front to the public as well as maintain revenues. Bob B reports that the initial mangrove is 75-80% removed.