Enchanted Lake Residents Association Board of Directors Zoom Meeting Minutes
Tuesday, February 8, 2022
Conducted via Zoom: Present: D. Young, J. Bean, G. Colbert, M. Compton, G. Gustavson, L. Jenks, M. Novack, A. Richardson, F. Tannen, C. Turner, and M. Spencer (Administrative Assistant).
Absent: D. Dawson, and D. Medeiros
Guests: Kenneth Onion and Bob Bourke
The meeting was called to order by D. Young, President, at 7:03 pm. A quorum was declared.
Guest: Kenneth Onion was introduced. He owns property on the flank of Mount Olomana, facing the Lake and was the recipient of one of the letters sent to upslope neighbors citing ELRA’s concern about runoff flowing into the lake.
Onion stated that he and many of his neighbors are aware of the runoff situation and are interested in working to find solutions. He, personally, has already spent considerable time and money trying to ameliorate the problems on his land. He stated that he believes much of the runoff is originating high on Olomana and is flowing through badly compromised culverts to the Lake. He also stated that it appears the culvert design and construction was based on having the runoff go directly to the Lake. Further, that many, if not all, of the existing culverts are damaged or completely collapsed. He also cited the existence of numerous mountain bike and motor bike trails in the undeveloped areas of the mountain. These, he believes, contribute to the runoff.
Onion believes that many of his neighbors are interested in working together to improve the situation and that he is interested in working with ELRA to find solutions. He encouraged working together and speaking with one voice.
Discussion followed as to which part of the government, City and County, State, Federal was responsible for the culverts and for the land upslope of the developed areas.
Guest: Bob Bourke stated that he and Hugo DeVries had walked the areas in question several times and agreed that many of the culverts are collapsed. He also agreed that the various bike trails, up mountain, contributed to the runoff. Bourke believes that much of the land upslope of the developed area is owned by an off-island company who does not monitor the trail building.
Closer to the peak, Bourke believes that land is owned by Department of Land and Natural Resources (DLNR). He suggested Onion consult the Honolulu Geographic Information System (GIS) map system, also his property’s Covenants, Conditions, & Restrictions (CC&R) for specifics on the culvert system.
Discussion then moved to the bike trails. G. Colbert stated that he believed the off-island owner of the property might have allowed the bike trails. M. Compton stated that these trails were well known in the biker community and had even appeared in a national magazine. B. Bourke stated the trails built by the mountain bikers are well constructed and maintained. There was agreement that it might be in the community interest to try to stop the building of new ones and reduce some of the existing ones.
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 determined
Young agreed that there may be an opportunity for unity between the upslope landowners, wetland owners, and ELRA. He described some possible steps forward:
- Invite Ken to Levani’s Pollution of Kailua Waterways and Beaches Committee
- Ken to research property codicils
- Check USGS Site for gauge
- Contact Lisa Marten (State House District 51) to alert her to collapsed drainage pipes; agreement for upland and pond homeowners to collaborate on requesting repairs; for contact and assistance of Trail Bikers with whom she works for possible collaboration
- Contact Esther Kia’aina (City Council District 3) regarding collapsed drainage and pipes agreement of upland and pond homeowners to collaborate on requesting repairs
Guests Departed.
Minutes: The draft Minutes for January 2022 had been circulated via email prior to the meeting. Following a brief discussion, G. Gustavson moved approval and F. Tannen seconded the motion that the Minutes be approved. M. Compton abstained since he was not present at the meeting. The remaining members approved the report unanimously.
Finance: Gustavson had provided via email the monthly comparison report of January 2022 receipts and expenses, as compared to the Budget approved for FY 2021-2022. Both receipts and expenses are tracking our budget pretty closely. We have received $35,609.60 from the Assessed Lots, up from $34,682 in December 2021. Additionally, we have received $1890.22 in late fees, up from $1724.00 in December 2021. These are primarily a result of our delinquency letters mailed this month. There were no significant expenses in December.
On January 10th, a check was received from Title Guarantee Escrow Services for $250,577.64. This represents the $250,000.00 held in escrow from our settlement, less fees and including interest. With this payment, all of the funds provided in the settlement have been received.
The final Payment to Lyons, Brandt was made for their services throughout the litigation and settlement.
G. Gustavson expressed his thanks to Alan Richardson and Adam Bookatz for their continued support of the ELRA finances.
M. Novack moved acceptance and F. Tannen seconded the motion that the Finance Report be accepted, subject to audit. By show of hands, the Report was unanimously accepted.
Administration:
Report from the Kailua Neighborhood Board (KNB): Quorum declared by President Hicks and meeting began at 7:02 pm. Announced KNB Secretary position is vacant and asked for a volunteer. Kelli Ann Kobayashi volunteered and ultimately elected as Secretary of KNB.
Public Agencies:
Various public agencies gave reports and updates.
• MCBH announced back gate to be closed starting January 31st for 5 months. Additionally, the Blue Angels Air show will be held at MCBH August 13 & 14 this summer.
• The Mayor’s office representative spoke of Olomana Trail and Maunawili areas get lots of rescue calls. City is considering posting signage re: dangers regardless if State of private property.
Board Member Weller complained to Mayors rep that the two streams that border Kapaa Quarry road are not receiving clearing and maintenance from City. These streams overflow after heavy rains and made the roadway dangerous. Asked who to call during water emergencies. Mayors Rep indicated 9-1-1 was the number to call but acknowledged that during emergencies the City’s Ops Center which houses Fire and DFM gets inundated with these calls. Member Weller commented that City needs to get out in front, by doing regular clearing/maintenance. (This issue flows into Board business Motion mentioned later).
Elected Officials:
The majority spoke of the Red Hill Water contamination issue and their disappointment with the Navy’s response and appeal.
Several also spoke of the Kaelepulu Berm opening/response of January 1; all support the KNB Motion to be put forth tonight (See below). Also acknowledged the structural problems with the Boat Ramp at Kailua Beach and efforts going into the future remedy. Council member Esther Kia’aina stated that she will be taking the new Director of the Dept. of Facilities Maintenance (DFM), Dawn Szewczyk, to the Kaelepulu Berm and the Boat Ramp sites.
MOTION: Kaelepulu Berm: It is recognized that the Kaelepulu Berm must be opened as needed to prevent flooding when heavy rainfall is predicted by the National Weather Service. On January 1, 2022 the berm was opened by the City and County of Honolulu (C&C) after residents first started to open it and then C&C finished the job, however it was opened so wide that hazardous conditions developed including excessive current and the movement of adjacent ironwood trees The Kailua Neighborhood Board (KNB) requests that C&C inform the KNB of its policy of how the berm opening should be excavated and when this should be done. If no policy currently exists, request one be created and shared so that the bulldozer operator knows how and when to open it to prevent hazards to the public. Motion Passed.
Several community members added that the Berm plan should include clean up after the opening to remove all the debris resulting from the opening. One person mentioned that several tree trunks/large limbs and a dock from upstream had ended up in the ocean or on the beach which posed a hazard.
MOTION: KNB supports revised skatepark hours. Kailua District Park public skatepark hours to be changed to 8AM to 8PM. Motion Passed
KDP is currently open from 5 AM until 10 PM every day; the skatepark is currently open from 7 AM until 7 PM every day; other sections of KDP, including the tennis courts and volleyball courts, are currently open to the public and illuminated until 9:45 PM; the peak hours of the skatepark are 4 PM to 7 PM which causes skateboarders to overflow into the nearby sections of KDP; there have been requests from members of the skating community of Kailua to extend the opening hours and the illumination period for the skatepark; Whereas, some neighbors have expressed concern to the Kailua Neighborhood Board regarding the noise of the skatepark both early in the morning and later at night, which is located across the street from several homes; and there has been conversation and dialogue between members of the skating community and the adjacent neighbors to find an optimal modification of the hours of the skatepark, which they have agreed to as 8 AM to 8 PM.
Presentation:
Oneawa St. sewer upgrade by Frank Camacho, Community Planning and Engineering, Inc.
Sewer repair work to take place on Oneawa St between Kawainui and Kainui streets. They plan on working at night 8pm – 6am, via manhole access (no street excavation). Currently in design phase.
Community Member Announcement:
The Mid-Pacific Runners Club has two races coming up soon that will start early morning at KDP and route thru Enchanted Lakes ending at KDP, approximately 200 runners involved in each.
KNB adjourned at approximately 11:30 pm.
Communications Log: D. Young had shared his log prior to the Meeting. As part of the report on Communications, D. Young thanked C. Turner for the training that she had provided members of the Executive Committee that will allow certain members to issue E-Mails to the ELRA Community. This is an important tool during times of weather emergencies.
Filling Vacant Positions: M. Novack again reminded the Board that we now have two vacancies. Consistent with the Bylaws, the Board can fill these vacancies without a vote by all the ELRA members, understanding that the individual will stand for election at the next Annual Meeting. Novack suggested that finding someone with expertise in the Law or Engineering would be helpful.
M.Novack recognized that C. Turner was working on a newsletter about the 1 Jan weather events and suggested that a solicitation for new members of the Board be included in the newsletter
2-2 TASK: Include vacant position information in upcoming newsletter. ** M. Novack and C. Turner. ** COMPLETE
Committee Reports:
Dredging Committee: Dredging Committee: G. Colbert reported that he and D. Young had participated in a Zoom Meeting on 8 Feb 22 with several individuals concerning the use of the Hawaii Youth Corrections Facility (HYCF) land on Olomana. The participants were:
- Lila King, Special Assistant to Director, Dept. of Human Services (DHS)
- Mark Patterson, HYCF, Head of Operations
- Darrell Bueno, HYCF, Head of Facilities
- Don Young, President ELRA
- Greg Colbert, ELRA Dredging Committee
- Jordan Moniuszko, Oceanit
- Sterling Yee, Oceanit
These meetings will continue each Tuesday, into the future, so long as is necessary.
Of note from the meeting: The land in question is really owned by the Department of Land and Natural Resources (DLNR), not the Hawaii Youth Correctional Facility (HYCF) as previously thought. The “nutrient-rich soil” is being treated as a gift.
New questions have now arisen, such as: Can the HYCF act in lieu of the DLNR to accept the soil based on any prior documentation of their land stewardship responsibilities? If so, can the HYCF go to the Land Board, not to ask permission, but to provide a briefing? Do they now need an Environmental Assessment? Can the HYCF (via DHS direction) maintain stewardship of the entire process without need of additional/subsequent approvals from DLNR?
The issue of indemnification remains unresolved. Peggy Leong is writing up all the indemnification clauses. Colbert requests ELRA see them as soon as possible.
Other thoughts relating to dredging were:
- G. Colbert discussed the possibility of a farmer in Waimanalo making use of the soil. He will follow up on that lead.
- Can we contact various Agricultural Organizations to see if someone can use the soil? – (Colbert has volunteered as he is a USDA certified farmer, but this action is still on hold while we further gage progress with HYCF)
- Will ELRA require an attorney to review emerging documents?
- B. Bourke suggested using the dredged soil to create an island in the center of the lake.
D. Young thanked G. Colbert for a comprehensive summary.
Membership Committee: There was no report from the Membership Committee.
Operations Committee: M. Compton reported that there have been complaints about noise on the lake in the very early morning. It was agreed that the noise was coming from canoe club paddlers who are not abiding by the Lake Rules, stating they cannot be on the lake before sunrise.
2-3 TASK: Write letter to Canoe Clubs reminding them of lake rules** D. Young**COMPLETE
NOTE: Email determined that the paddlers did not belong to any of the Canoe Clubs. Those who lent canoes to a HS, have reminded the paddlers of lake rules.
M. Compton noted that the lake was looking good and that the fish were very active.
He has observed more electric boats on the lake. This is a good development for the environment. Compton suggested that sometime in the future, electric boats might be given a discount of their lake-sticker costs.
Environment Committee:
Water Quality Testing Program: L. Jenks reported that she had met with D. Esibill via Zoom and he provided nutrient data collected after the Dec storms. There were two storms in early December that caused the ground to be saturated. He did his sampling on 12/08/21 and again on 12/21/21. The take-home-points were that the levels of nutrients (nitrogen, phosphorus, chlorophyll-a, silicates, ammonia, etc) go down as you measure them from the wetlands to the ocean. This means that the wetland, pond and stream are functioning as they naturally should, and that the nutrients are being transformed as they move from upland runoff to the ocean. This is really good news, in that the lake/ pond is doing a pretty good job of cleaning the water. The other piece is that enterococci levels are high at the uplands/ wetlands, and trend down as they are measured towards the ocean. This suggests that most of the enterococcus is probably from runoff, birds, etc, and not from human contamination or some inherent problem with the lake. Again, good news. It was suggested having Esibill speak to the Board at the March Meeting.
TASK 2-4: Invite Derek Esibill to speak to the Board at the March Meeting** D. Young ** COMPLETE
Storm Drain Marking: L. Jenks reported that she will be marking some storm drains on the coming weekend (11 Feb and 12 Feb) and encouraged Board members to come out and help.
General Discussion: F. Tannen announced she would be off-island for the next two months, but that she would be able to attend the Zoom meetings. She also said that she is a member of a local Rotary Club and that the Club might have an interest in helping.
C. Turner announced she is working to collect information and evidence of the lack of appropriate BMPs in certain hill-top construction areas. This has been an ongoing problem.
G. Colbert stated that he had noticed large amounts of cut-grass being left behind along the slopes of the various canals and ditches along Keolu after trimming. This grass then makes its way into the lake. G. Gustavson agreed, having seen the same problem along the canal at the side of his house.
2-5 TASK: Write a letter requesting the grass cut along canals by C&C be collected after it is cut to prevent it from being washed into the Lake** D. Young
NOTE: It was agreed to delay writing the letter until photos can be provided
Next Meeting Date: The next Board meeting will take place by Zoom on Tuesday, March 8, 2022 at 7pm. The next KNB meeting will be March 3, 2022. L. Jenks is scheduled to attend.
Adjournment: F. Tannen moved adjournment, which was seconded by G. Colbert. The affirmative vote was unanimous. The meeting adjourned at 9:05 pm.
Respectfully submitted
M. Novack
Tasks from previous months still needing to be completed.
1-2 TASK: Send USPS Letter to residents living along and near the Kaelepulu Canal, offering them the opportunity to have access to ELRA Emergency Announcements ** M. Novack
1-3 TASK: Board member to visit ELRA Members who are in arrears in their assessments ** G. Colbert.