May 2021 Board Meeting Minutes

Enchanted Lake Residents Association Board of Directors Zoom Meeting Minutes, Tuesday, May 11, 2021

Conducted via Zoom:  Present:  D. Young, G. Gustavson, S. Harding, M. Novack, G. Colbert, J. Fernie, L. Jenks, D. Kroll, D. Medeiros, A. Richardson C. Turner,

Absent:  J. Bean, M. Compton, R. Castanha, and M. Spencer (Administrative Assistant).

Guests:  State Senator Chris Lee (District 25) and Derek Esibill

Senator Chris Lee:  Senator Lee was introduced by D. Young, thanking him for taking the time to meet with ELRA.

  1. Lee reviewed the last legislative session, noting how strange it had been trying to operate in a pandemic environment. He stated that he thought there were some missed opportunities, but that he had learned a lot and would put that knowledge to work in the next session. He indicated he had enjoyed working with State Representative Lisa Marten (District 51) and appreciated her assistance on several issues.  Closing his introduction, Lee stated that he thought there were several good things that had been accomplished and then cited some of them.
  2. He is hoping for an EA (environmental assessment) for the proposed water restoration system for the Kawainui Marsh by the end of the year. This long-anticipated project will enhance the flow of waters from the Marsh to the Hamakua wetlands and onward to the Kaelepulu Stream and Pond.
  3. Planning for the Dog Park along Hamakua Drive continues. Because there had been so many previous occupants of the site, including industry, DLNR was performing due diligence in assessing the full history of the plot.  $3.8M has been allocated for this project.
  4. “Safe Streets” are coming to Kailua. This will include an assessment of transit infrastructures such as crosswalks, traffic lights, and priority street upgrades.  The focus will be on Oneawa Street, as a principal path through Kailua for students getting to Kalaheo High School.  Enhancements to the Kawainui Dike Path, to include predator fences, and a pedestrian flyover linking the path across Kailua Road, may provide an alternative pedestrian route to the High School.  $1.5M is dedicated to the Dike Path.  There will also be efforts to address the challenging intersection of Kailua Road and Hamakua Drive.  This will be difficult because the narrow bridge crossing the Hamakua Wetlands stream is very old and will be very expensive to replace.
  5. Another Lee initiative is determining a means of controlling the ever-increasing numbers of tour busses that are driving and parking through neighborhoods. Currently, the fine for bus violations of parking rules is $1K.  It is known that this is too small and some companies view the fines as the cost of doing business.  There will be an effort to raise the fine to $5K per event.

ELRA Board Member C. Turner pointed out that there has been significant regrowth of Mangroves along the Hamakua Drive bridge over Hamakua Stream.  C. Lee acknowledged this and stated his familiarity with the area because of its proximity to the future dog park.  Turner stated that she thought the contract was still in place from previous efforts but needed to be reenergized.   G. Colbert added that there was known to be a major power line through this area and that Hawaiian Electric was willing to eradicate the mangroves under the lines if someone else would take care of the surrounding area.  C. Lee indicated he would look to see what could be done.

  1. Harding provided a short update on the Dredge Project, saying we were now waiting for the Hawaii Youth Correctional Facility to confirm that the dredged material could be deposited there. Harding also reminded Lee of the “Six Steps to Estuary Restoration”. C. Lee was familiar with each of the issues and pointed out that DOH was working on how sand was to be categorized, whether clean or dirty.  This should help with the eventually scheduled openings of the berm leading to Kailua Bay.
  2. Turner provided Lee with a screening of a video she had made of the outcome of one heavy storm that brought significant mud and debris down from the surrounding hills through the drainage area to the Wetland and then to the Pond.
  3. Young thanked Senator Lee for the extended period of time he had spent with the board. Young also applauded the hard work done by Lee’s staff – particularly Katy and Matt.

The meeting was called to regular order by D. Young at 7:46 pm.  A quorum was declared.

Derek Esibill: D. Young reintroduced D. Esibill and requested him to describe the “Kaelepulu Pond Water Sampling Proposal.” Esibill stated that he believed the eight-station testing would allow ELRA to not only establish and maintain a database of information to demonstrate that the Pond was clean, but also to contend with any assertions that the Pond was sending dirty water into Kailua Bay.  He suggested the testing be done on a regular schedule, but also to be available to record any heavy-storm events.  When asked when he would start, if approved, Esibill stated June 21, 2021.

Following the Esibill presentation, all guests departed and the Board began its regular agenda.

Minutes:  Minutes for the April Meeting had been circulated via email.  G. Gustavson moved and J. Fernie seconded the motion that the April 2021 Minutes be approved.  They were approved unanimously.

Finance: Treasurer, G. Gustavson had provided the following written report by email: There have been no significant expenses in April 2021, and we continue to track with the budget for this FY.

The Comparison of Actual versus Budget for the FY to date is attached for your information. The major difference between budget and expenditures is in the area of lake maintenance. The Board budgeted for the operation of the Eco-Harvester and a clean-up plan. No funds have been expended to date for those two items.

We also did not expend any funds to Oceanit for dredging and engineering planning in April.

The balance in the QSF is $508,543.

Thanks to Alan Richardson and Adam Bookatz for their continued support of the ELRA finances.

A motion was made by J. Fernie and seconded by G. Colbert that the May 2021 Finance Report be accepted.  They were approved unanimously.


Correspondence:  D. Young had shared his Communications Log via email.

Report from the Kailua Neighborhood Board (KNB):  A. Richardson attended the meeting.   The major topics were as follows:

  • The Kaopa Drainage Basin sinkhole repair is now projected to be completed by June 2021.
  • Senator C. Lee stated that there will be improvements made to the Pillbox trails. $900K has been programmed for this effort.
  • Councilmember Esther Kia’aina (Dist 3) requested neighbors submit testimony in support of Council Bill 7 (2021), Project Number 2018078, Storm Drainage BMP in the vicinity of Kaelepulu Pond; She stated that the interim repairs for the Kailua Boat Ramp are moving ahead.  $2M has been found for the Boat Ramp project.  She also stated that a request had been received to have driftwood picked up from Kailua each.
  • Roger Babcock, Director of the Department of Facility Maintenance (DFM), provided advance information about the proposed Storm Water Agency. There will be a $91M budget, funded by user fees.  These fees will be assessed based on the amount of non-permeable surfaces on lots.  There will be a series of “Storm Water Planning Virtual Meetings” conducted to provide even more information about these proposed improvements.  Registration will be required.  The meeting designed for the Ko’olau Poko area (Windward) is June 1, 2021, at 7 PM.

Fish Habitat Partnership Proposal: C. Turner announced that the grant request was reviewed favorably and that an award of $60K would be forthcoming.  The funding will flow through ELRA finance.

Encroachment Agreements:  Prior to the meeting M. Novack emailed a paper with a proposed Policy Statement on Encroachments.  This topic has been discussed several times.  With no further discussion needed, a motion was made by A. Richardson and seconded by D. Kroll that the ELRA Encroachment Policy be approved.  The vote was unanimous approval.  Following the vote, G. Colbert recommended an amendment to include a date.  This was agreed to.  The following is the approved encroachment policy.

Encroachment Policy

The 2020 Enchanted Lake Residents Association Bylaws specify the general responsibilities of the Board of Directors.

4.2. Duties of the Board of Directors. The Board of Directors shall be responsible for the assets of the Association and the general management, direction, and supervision of all matters pertaining to the Association.

The most important asset of the Association is the Enchanted Lake.  The Lake can be diminished should a lakeside property boundary intrude into the Lake, thereby reducing its size.  This intrusion, called an encroachment, requires approval of the Board.  This Encroachment Agreement will be formalized by an addendum to the Property Deed, signed by the owner and an Officer of the Enchanted Lake Residents Association, and recorded with the State of Hawaii Bureau of Conveyances.  A fee will be charged to the owner of the property, as determined by the Board of Directors.   Should the property be sold, an additional transfer fee will be charged by the Board.

As of May 2021, the origination fee is $800.00 and the transfer fee is $200.

Revised and Updated Lake Rules Second Reading:  Prior to the meeting a draft of what was hoped to be the final draft of the Lake Rules was emailed to board members.  However, there were found to be unanswered questions.  M. Novack recommended the draft be tabled, to be finalized in the June Meeting.

Kaelepulu Pond Water Sampling Proposal:  The proposal, described by D. Esibill earlier in the meeting, was opened for comments and questions.  There were questions about additional and alternative locations for water testing.  It was generally agreed that the current proposal should be accepted, as written, but that future amendments to the contract might be necessary.  With all discussion complete, a motion was made by C. Turner and seconded by S. Harding to accept the subject proposal as written, understanding that future amendments were possible. The motion was unanimously approved.

Elections: M. Novack had previously sent by email a listing of current Board Members, showing who would be eligible for reelection, should they chose to run.  Discussion ensued about whether there could be a regular Annual Meeting, and if so, where could it take place.  Novack requested those who are eligible for reelection to email their intentions to her.  Also, that Board Members should be looking for possible new candidates.

Committee Reports:

Dredging Committee: S. Harding stated that we were continuing to wait for the Hawaii Youth Correctional Facility to confirm that the dredged material could be deposited there.

Membership Committee: The goal is to have all of the different letters, invoices, and forms drafted, approved, and printed in time to join the invoices in the mailing in June. In lieu of M. Compton, D. Young provided drafts of proposed Forms for powered and non-powered boat registrations.  Following a brief discussion, D. Young made a motion and G. Gustavson seconded that the Forms, as presented, be approved.  There was an extended discussion on certain membership categories and definitions.  It was agreed to defer further discussion until the Membership Committee could meet.

Operations Committee (Security): M. Compton emailed the following report: 

  • Only one illegal fisher stopped.
  • Six-man and one-man canoe clubs and lessons are practicing on the lake now.
  • Ordered next year’s stickers.
  • Fish seem more common and normal.
  • Boat working well.

Environment Committee: Water clarity and fish population have improved since the last month. Water salinity 2xs/month at the Turners, site1 is essentially freshwater. My site 2 measured at 7 at each reading. Fish activity is recently back to normal including one 4 foot and one 5 foot Barracuda this past week. Water clarity could still be better.  The last full reporting of all five monitor spots around the lake occurred April 1s

Next Meeting Date:  The next Board meeting will take place by Zoom on Tuesday, June 8, 2021, at 7 pm.  The next KNB meeting will be on 3 June 2021.  D. Young is scheduled to attend.

Adjournment: G. Gustavson moved adjournment, which was seconded by D. Kroll.   The affirmative vote was unanimous.  The meeting adjourned at 9:20 pm.

Respectfully submitted
M. Novack