June 2016 Meeting Minutes

Board of Directors Monthly Meeting Minutes, Tuesday, June 14, 2016

Present:  Greg Colbert, Margaret Novack, Michele Compton, Jean Fernie, Rod Castanha, George Lingle, Doug Kroll, Gus Gustavson, Bob Molyneux,  Al Richardson (via telephone),  Jean Compton,  Cindy Turner (Webmaster), Bob Bourke (Scientific Advisor),  and guests James Adams and Joelle Simonpietre.

Absent:  Dick Vonier, Shannon Oshiro, Bob Tassie and Melody Spencer (Administrative Assistant).

A quorum was called and the meeting was called to order at 7:04pm.

Approval of Minutes: The minutes of the May 10th meeting were approved.

The proposed agenda was set aside to address concerns of our guest James Adams, President of KCA.  He had received a letter from KCA’s attorney stating that ELRA’s attorney had attempted to insert multiple items into the deed transferring the two common areas from KS to KCA.  He wanted to know why ELRA was even involved in their deed.  G. Colbert responded that historically in the negotiations for the extension of the DPP, the ELRA sought to determine in discussion with KS whether the additional lots owned by KCA would be included as part of the DPP extension and thus, what the voting process would be.  If KCA were to be included, then the ELRA specifically informed KS that KCA should be brought into the DPP extension conversation.  KS concluded that they were not looking to include the KCA lots and the topic of KCA inclusion was dropped by ELRA and focus was placed instead on a version of the DPP extension and vote that would include only the 137 lots of the single home lots. In a subsequent conversation with Adams, Colbert confirmed the ELRA position focused on the 137 (single-family home) lots. There was concern expressed by Adams that further language was being suggested by ELRA.  The ELRA review with our attorney did not square with this suggestion and it was likely that KS had added language that was inserted for their own benefit.  It was decided the way forward is to have a meeting with James Adams, Greg Colbert, and all 3 attorneys, KS, KCA, and ELRA.  James will arrange this meeting.  James also asked what will be our timeline to confer on the relationship between KCA and ELRA after they are no longer part of the DPP.  G. Gustavson replied that right now we are involved with the settlement and the task of getting 2/3 of the single lot lakeside owners to ratify the DPP extension.  As soon as possible after we have a go forward plan on the DPP, we should address the ELRA/KCA relationship.

Finance report:  Spread sheets detailing checking and savings accounts were distributed.  D. Kroll stated that the response to the letters sent to lake dwellers in arrears on their yearly assessment fees have not been good.

G. Colbert stated that the money from the ELRA settlement litigation should be in our hands on July 5, 2016.

Lake Health:  B. Bourke has spoken to the head of Facilities Maintenance regarding the fact that the lake has not been opened since February.  As nothing has yet happened, he will write a letter to them.  A proposal has been received for the biannual water quality testing.  The cost is $5,000 for each test or $10,000 per year.  C. Turner will confer on purchase of new signs for the lake with S. Oshiro as he has a local connection.

DPP/Articles of Incorporation/Bylaws:  G. Colbert said we still do not have a draft of the DPP.  It is in the hands of the KS attorneys and still needs to be reviewed further by their senior legal staff on behalf of the trustees.  He will try to get a copy before the June 29th meeting.

Kailua Neighborhood Board:  The June 2nd meeting was monitored by G. Lingle.  Items of most interest to the ELRA Board were under the Planning, Zoning and Environmental committee chaired by Donna Wong.  As she was absent, there was no discussion about Kaelepulu Stream discharging into Kailua Bay.  The July 7th meeting will be monitored by D. Vonier.

Calendar:  G. Lingle will organize the 4th of July flotilla in the lake starting at 6pm.  It will be on our website and an email with details will be sent to all residents.
Executive session was called at 8:00pm.
The meeting was adjourned at 9:02pm.