A special meeting was held on November 28th to discuss and vote on whether to proceed with a lawsuit against Delta Construction and land owner Gale Berengue for damage done to the lake caused by runoff from their construction site during four separate storm events during the winter of 2010 and 2011.
Slides and videos were shown of the storms and the subsequent damage, including large increase in algae growth, fish and oyster die-offs, threats to endangered birds from botulism, midge infestations, foul odors, decreased water quality, and decrease in usage of the Lake by residents and canoe clubs.
ELRA has spent at least $125,000 to date cleaning up the algae which has become an ongoing problem.
The following three motions were presented and all passed:
1- Motion to approve a general assessment of $250 per member if the cost of the lawsuit exceeds 50% of our reserves.
2-Motion to allow voluntary contributions in support of the lawsuit, including repayment with interest.
3-Motion to approve the board’s recommendation to file the lawsuit if one or both of the above motions pass.
Following the vote at the special meeting, ELRA’s lawsuit against Delta Construction and land owner Gale Berengue was filed in mid-December.
A separate class action lawsuit for lakeside homeowners who suffered due to Delta Construction’s actions has been filed also.
Linda Paul, one of ELRA’s attorneys, and Celia Smith, algae expert, tour the lake gathering information for the lawsuit.
Successful berm opening in November
Thanks to pressure from dedicated lake residents and Councilmember Ikaika Anderson, the city opened the berm at Kailua Beach Park on November 13th and the lake is looking better because of it.
The city sent a big crew with three machines to move an enormous amount of sand. They piled it into a large sand mountain that was enjoyed by exuberant kids who made the most of this opportunity for some exciting downhill sand-sliding!
The berm closed naturally due to waves about 5 days later. There was a huge influx of sea water and salinity is now high. The Lake level came up to 1.5 ft.
We are encouraging the city to schedule regular openings during the important fish breeding months of January through April. These months are optimal times to open the berm to allow fish larvae into the Lake, which will in turn help restore balance to the lake ecosystem .
The Enchanted Lake Residents Association (ELRA) is a non-profit organization that holds title to and manages a 79.471 acre portion of Kaelepulu Pond, also known as Enchanted Lake.
The board of the ELRA has taken a pro-active role in the management of the pond, with the ultimate goal of restoring Kaelepulu to support diverse fisheries resources and recreational activities in clean water.
