March 2013 Minutes

Enchanted Lake Residents Association, Board Meeting March 11, 2013

Present: Clem Clemmer, Cindy Turner, Bill Kinney, Bob Bourke, Bob Molyneux, Don Young, Gus Gustavson, Steve Brennan, Rod Castanha, Kelo Maosi, Kelly Adams

Absent: Darren Rogers, Franklin Denis, Mike Mickelwait

Guests: Kathy Kelly, John Kelly, Alan Richardson, Greg Colbert, Karla Maosi, Stephen Kofsky

The guests took a minute to introduce themselves.

A quorum was declared and the meeting called to order at 7:15pm

Approval of Minutes The minutes from the February 5, 2013 meetingwere reviewed. Several corrections were offered. Under Delta Claim it was added Steve volunteered to participate in the team that meets with the attorneys.

Under New Business, Gus was removed from the statement regarding eligibility for the board. Added Based upon this information, Gus questioned his own eligibility to serve on the Board. With these changes, there was a motion (Don) and a second (Gus) to accept the minutes.

Financial Report The Profit & Loss report and the current balances were reviewed. Two fees were submitted. Bob B stated that in all probability, the special assessment invoice will need to be sent out next month.

Report on Associate Members/Board eligibility Bob M researched this issue extensively and presented the following report.

At the 5 February 2013 ELRA Board meeting, Bob M volunteered to research Mr. Brennan’s allegation that the Board was improperly constituted.

He is correct. Bylaw’s Article III, Section3.1 requires that the directors be Active members. Bylaw’s Article IX, Definition states “Active Members” as used herein shall mean Eligible Members qualifying under Bylaw’s II Members, Section 2.1 (a) and (b) only.

Neither Mr. Bourke nor Ms. Turner meets these requirements. Moreover, neither Mr. Bourke nor Ms. Turner is an Associate Member since the Board did not place their nominations before the Corporation general membership for approval as required by Article XI, Articles of Incorporation of the ELRA (29 Oct. 1987)

In the case of Mr. Gustavson he is a Successor Trustee of the property on the lake. The Declaration of Protective Provisions dated 23 September 1987, liber 21156 249 page 3. Article 1 Definitions, Section 1 (b) states “Owner” shall mean and refer to the legal or equitable owner, whether one or more persons or entities, of all or any part of the simple interest in any Residential Lot, but excluding those having such interest merely as security for performance or repayment on any obligation, and also specifically excluding Declarant. Mr. Brennan researched this and concluded that Mr. Gustavson’s status as a Successor Trustee does qualify and he is, therefore, qualified to sit as a director and an officer on the Association.

In view if the foregoing, Bob M recommends that the Board:

Accept the resignation of Mr. Bourke and Ms. Turner and in view of their invaluable service to the Association, Mr. Bourke be appointed “Scientific Advisor” to the Board and Ms. Turner be designated “Webmaster/Newsletter Editor”, neither positions require membership (See Bylaw’s, Article III, Section 3.2 Powers (b).

Fill vacancies on the Board of Directors in accordance with Bylaw’s, Article III, Section 3.8, Vacancies.

Elect the new President and 1st Vice President as provided for in Bylaw’s Article IV, Section 4.1, Elections; Term: Removal so as to conduct business as set forth in Bylaw’s Article V, Execution of Instruments, Section 5.1 Proper Officers.

There was a motion to accept the report. Alan brought up the question regarding officers not needing to be board members. Liability questions were discussed. There was discussion regarding associate members and Cindy questioned the wetlands membership. There was a second from Don and the motion passed.

Bob M presented the following motions: I move that the Board of Directors appoint Bob Molyneux, Bob Bourke and Cindy Turner as the liaison team for the Association to Linda Paul, Esq., in the Delta case. The motion was amended as Gus made a motion to include Steve on the team. With a second from Kelly, there was discussion regarding Steve’s representation of the membership on this team. Steve states a need for checks and balances on the team. A vote to include Steve was 6 for /4 against. The motion passed.

Also, The Board appoints Bob Bourke as “Scientific Advisor” to the ELRA Board of Directors.

Also, The Board appoints Cindy Turner as the Association’s Webmaster/Newsletter Editor

And, The board accepts the resignation of Mr. Bourke and Ms. Turner from the Board of directors and their positions as officers of the Association.

With a second from Don, the motion passed.

Bob B stated that with his resignation, he would like to see the Board reach out to the community and establish a long term view for keeping pollutants out of the Lake and working with the City to maximize flushing benefits. Bob discussed the importance of the lawsuit as the contamination set the permit process for dredging back two years. Gus as treasurer will take over leadership of the board at this time. Steve nominated Greg Colbert to fill one vacancy. With a second from Kelly the motion passed. Clem nominated Alan Richardson to fill the other vacancy. With a second from Bob M the motion passed. Clem Clemmer offered his resignation from the board after many, many years of service. Don nominated Stephen Kofsky to fill Clem’s seat. With a second from Kelly, the motion passed.

Ongoing business

Amendment and by-law Re-do The committee will meet and consolidate ideas.

Delta Claim Bob b reported that we received a list of 20 questions answered by Delta that were less than forthcoming. He provided the list of 20 questions answered by ELRA.

Lake Health The water quality has decreased due to lack of water exchange with the ocean. The recent rain did increase the Lake level from 1.25 ft to 1.75. Evaporation will occur rapidly. Bob B had a meeting with Ross Sasamura (new head of Facilities Maintenance) to stress the importance of opening the berm on a schedule. Recent dredging by the Lanikai Bridge will not help flush the Lake. There has been an increase in algae. It was suggested that an invitation to Ross Sasamura along with Councilman Ikaika Anderson and Aide Andrew Malakoff for a Lake tour be offered.

Development of wetland Cindy notes that there is a new head of Permitting and Planning.

Watch Officer Kelo reports that the Lake is under good control. There have been some kayakers from the rental companies that have been asked to leave.

Facebook Kelly reports no changes

Newsletter Cindy reports that a newsletter is set to go out. It will include articles about the barge for sale, Lake health, algae and the Lanikai Bridge dredging.

Lake clean-up There was no clean-up due to rain. One is scheduled for next weekend and Bob B has some specific spots needing attention.

Kailua Neighborhood Board Bob B attended this month. He reports that the Senate and the House have agreed to set aside $100,000 for mangrove control in our watershed.

New Business Gus will remain as temporary president for the time being. Kelly made a motion to present Calvin Clemmer with a gift card to thank him for his years of service.

Next Meeting will be WEDNESDAY April 24, 2013.

The meeting was adjourned at 9:05pm