Enchanted Lake Residents Association
Board of Directors Meeting Minutes
Emmanuel Episcopal Church, Tuesday, 8 November 2022
Present: G. Colbert, M. Compton, G. Gustavson, C. Jewell, T. Jewell, L. Jenks, D. Medeiros, M. Novack, C. Turner, D. Young, and M. Spencer (Administrative Assistant).
Absent: D. Dawson and A. Richardson
Guest: Bill Sullivan, President of the Kukilakila Community Association (KCA).
The meeting was called to order by D. Young, President at 7:04 pm. A quorum was declared.
D. Young introduced B. Sullivan and suggested the various Board members introduce themselves. KCA and ELRA have many interests in common and Sullivan’s presence reinforced how important it is that we work together. He said that he had two topics to discuss:
- Docks and watercraft on the Lake.
- Future of the boat ramp
Docks and Watercraft on the Lake
KCA has 110 units; some are waterfront, but the majority are not. In the past some unit owners have requested and been granted permission to build floating docks on the lake that abut the property’s common areas. There is not enough waterfront for each unit to have their own dock. KCA is developing a plan as to how to allow the use of docks and various watercraft on the Lake.
They recognize that these permissions require coordination with ELRA and Sullivan says he has encouraged members of KCA to also join ELRA.
This discussion led to citing the example of a fixed dock built by a KCA owner, in contravention of the permissions granted by KCA and ELRA. The fixed dock abuts the KCA common area and is attached to the lake bed – constituting an encroachment[1] on the Lake.
In October the owner contacted the Board ExCom to look for a means of selling the dock as a part of his KCA unit. Upon examination of his request, it was determined that while he had been approved for a floating dock, he had, in fact, built a dock that is fixed in place to the Lake bottom. This posed several challenges given that the dock was physically separated from the owner’s unit by the Common Ground owned by KCA. The ExCom sought solutions to accommodate the owner and was exploring the possibility of approving an encroachment agreement.
Through the course of describing this issue, D. Young became aware that much of the Board disagreed with the concept of using the encroachment process to facilitate this sale.
Young then opened the discussion and sought Board approval of the ExCom recommendation that an encroachment be approved for the fixed dock currently positioned in the lake.
Lively discussion ensued, including the opinions that an encroachment requires it be attached to the owner’s land, not the KCA common area and that owner had not abided by the approval of the dock being based on it’s being a floating dock.
A Motion was then made by M. Compton to reject the recommendation of the ExCom that an encroachment be approved for the fixed dock built on the lake without prior permission. This was seconded by F. Tannen and approved by hand vote the Board of Directors.
11-1 TASK: Write a letter to dock owner, explaining that ELRA will not use an encroachment process to facilitate the sale. ** D. Young ** COMPLETE
Future of the Boat Ramp
Enchanted Lake has one boat ramp, located on the property of KCA. The only other access to the lake for powered boats is by launching from the shore near the outfall of the Kaelepulu Stream. The area around the ramp has silted-in over the years, making its use very difficult.
KCA is exploring ways to make better use of the area, since the boat launch area is underutilized due to the water being very shallow.
The Board was asked whether they thought having a boat ramp was important. Two members said yes, that as boat owners, they would like to have a safe place to launch their boats. Sullivan acknowledged that the ramp could be useful but wondered if there could be a quid pro quo.
B. Sullivan then asked what the plans were for lake dredging and whether it was possible to have dredging done around the boat ramp. Because all the dredging plans are uncertain currently, there was no firm answer. The Board will take this under advisement.
Minutes: The draft October Minutes had been circulated by email. There being no corrections or amendments, a motion to approve the October Minutes was made by G. Colbert and seconded by L. Jenks. F. Tannen abstained since she was not present at the October Meeting. The remaining members approved the report unanimously.
Finance: G. Gustavson reported that the only significant changes in the ELRA finances in October 2022 were our liability insurance renewals and the final payment for the Annual Dinner.
Our total General Liability Insurance and Extra Liability Insurance totaled $13,554.79. The GLI is shown on this month’s report and the XGLI will appear on the November report.
The total cost of the Annual Dinner was $6169.01 for 74 attendees, for an average of $83.36 per person. We are in the process of tabulating the total amount of payments received from members.
The American Savings Bank October end of month balances are $2,252 in Savings and $47,560 in Checking. The checking balance does not reflect the insurance payments as the checks cleared in November.
The July – October Year to Date Actual versus July- October 2021 spreadsheet report is attached. Note that we have 5 more unpaid assessed members than last year at this time, and 3 fewer KCA voluntary members.
Thanks to Alan Richardson and Adam Bookatz for their continued support of the ELRA finances.
The report was approved by acclamation, pending audit.
Administration:
Communications Log: D.Young had shared his log prior to the Meeting. There was no discussion.
Report from Kailua Neighborhood Board (KNB) Nov 3, 2022: L. Jenks reported that there will be no Water Quality Meeting for the month of November, but there will be a hybrid meeting December 8th, from 6pm to 7:30pm.
HPD report: They are unable to cite people who are staying overnight in Kailua Beach Park, as it never closes. Other parks do close at 10pm, but Kailua Beach Park doesn’t, so they are unable to cite the folks that are sleeping there. They are also unable to cite anyone who has a small fire, as the law state that a person can have a small fire for “cooking”. They will still respond to complaints, but they want the public to understand their limitations.
Marine Corp representative: They have stopped work on the controversial sections of the fence between Bellows and Kailua, after a contingent of local officials met with the Marine Corp representatives and walked the ridge line. The stoppage is in order to give the MC more time to reach out to the community and understand the issues, as well as review alternate designs and funding. KNB Chair Bill Hicks, Senator Chris Lee, Representative Lisa Marten, and Chair Kimeona Kane from Waimanalo Neighborhood Board were present for the walk. The Marine Corp representatives state they are committed to working with the community, and pledge cooperation going forward. There were many questions from the community, as during the last meeting, and the representative said they will return to the December KNB meeting with further updates.
Also, MCBH will be hosting the Special Olympics Nov. 19th & 20th, so there will be increased traffic. They are also starting to clean out the mangroves on the H3 side of their main gate (by hand).
Local representatives: The Division of Forestry with be managing the replacement of the trees lost to erosion at Kailua Beach. Design work is progressing for the Boat Ramp. On the Kalapawai Round About project, work on the final part of the project will begin 11/21/22, after the last three poles are removed by HECO 11/17/22. Out of the 7.9 million for the project, about 6 million will go for improved drainage in the area, including putting in new storm drains as well as rehab on the older drains, and installing permeable roadways and rain gardens. The rain gardens that are planned will be maintained by the Outdoor Circle.
Esther Kia’aina: Announced the ACOE approval of the permit allowing regular openings of the berm for Ka’elepulu Stream. She also announced that grants are becoming available for community services groups, please contact Esther for more information. The wall around Wendy’s, between the business and the nearby homes is in process, it is at the permit stage now. There is an interesting project that will be starting up of doing educational murals on the sides of some of the restrooms in the park, to alert tourists (and locals) of how to take better care of the land and the ocean (don’t throw leis with strings in them into the ocean, 10ft from turtles, 50ft from monk seals, etc).
Lisa Marten had a big mahalo to the Marine Corp reps for how they are now listening and beginning to work with the community. She is also starting a docket to review the increasing electrical bills. Her office welcomes any comments.
“60 Day” Letter Subject “Notice of Intent to Bring Civil Suit for Violations of the Federal Clean Water Act and Injunctive Relief”: C. Turner reported that the letter had been sent to ARCUS via Certified Mail on Oct 21, 2022. Turner stated that it appears that a certain level of grading on Olomana Heights has continued.
11-2 TASK: Send copies of signed letter to Board. ** M. Novack ** COMPLETE
Election of Board Officers: As is customary, following the Annual Meeting and the election of Board Directors, Officers are elected to lead the Board for the following year. Officers are all volunteers who agree to serve. Following discussion and without a formal vote, the following are officers for 2023.
| Officer Position | Volunteers |
| President | Don Young |
| 1st Vice President | Greg Colbert |
| Treasurer | Gus Gustavson |
| Secretary | Connie Jewell |
The following Committee Leads were also confirmed:
| Committee Leadership | Current |
| Standing Committees per ByLaws | |
| Executive Committee | Don Young |
| Audit Committee | Todd Jewell |
| Elections Committee | Connie Jewell |
| Operations Committee | Mike Compton |
| Ad Hoc Committees | |
| Dredging | Greg Colbert |
| Environment | Linda Jenks |
| Membership | Danny Medeiros |
Debrief Membership Meeting October 15: M. Novack reported that in previous years ELRA held its Annual Meeting at the Mid-Pacific Country Club. This year, no longer having access to the club, ELRA chose the Ko’olau Ballrooms & Conference Center. While it was a very satisfactory venue, this proved to be much more expensive than previous events at the club. (Actual numbers are being developed.).
RECOMMENDATION: look for a different venue as early as possible.
The early planning for the meeting, to include multiple emails, followed by the USPS mailing, was effective. The Ballrooms required firm numbers 15 days before the dinner. There were several members who replied very late to what had been a hard no-later-than-date. There was also a couple who arrived without reservations the night of the dinner – having been assured by a previous Board Member that it would be all right.
Within a week of the dinner, it was found that two owner/members would have attended if they had transportation. They were accommodated with ELRA paying their late fees.
RECOMMENDATION: outreach to older owner/members who might attend if they have transportation.
The establishment of a subcommittee led by Cindy Turner, worked well. She established a relationship with the Ballrooms management that allowed her to negotiate multiple changes.
M. Novack will send out a more complete report asking everyone who attended or assisted in planning provide their thoughts and suggestions as to how to make the dinner even better next year.
11-3 TASK: Send “After-Action” to Board for their comments. ** M. Novack ** COMPLETE
D. Young passed out the sign-up form for the monthly Kailua Neighborhood Board.
It was agreed that there would be a Holiday Boat Parade. The proposed date is December 17, 2022, but the date has not been advertised yet.
Committee Reports:
Dredging Committee Report: G. Colbert reported that he along with D. Young and C. Turner had attended a meeting on Oct 21, 2022 with Oceanit and others. A summary of project status from Oceanit’s perspective is that:
- The upland disposal site identified at the Hawaii Youth Correctional Facility has fallen through and will not be available to receive the material.
- This leaves private landfill as the only site currently permitted to receive the material.
- Existing Army Corps permit to complete the dredging expires on June 28, 2024. Permit does not include discharge of dredged material into waters of the US.
- Existing 401 WQC expires May 9, 2024.
- Since 18 months now remain for the permits obtained we would like to discuss moving forward with a plan to complete dredging within that time frame.
Oceanit proposed the idea of building an island in the lake to serve as a depository for the dredged material.
Environment Committee: No report
Operations Committee: M. Compton reported that the EcoHarvester repair for a drive chain was completed on 12 Oct 22. He thanks Hugo DeVries for his hard work.
Security: It has been a quiet month.
Lake Cleanup: There will be a second Lake Cleanup on December 17, 2022. Much more information to follow on this event.
Membership Committee: No Report
Next Meeting Date: The next Board meeting will take place at the Emmanuel Episcopal Church, Tuesday, December 13, 2022, at 7pm. The next KNB meeting will be December 1, 2022, at the Kailua Rec Center, M. Novack is scheduled to attend.
Adjournment: The meeting adjourned by acclamation at 8:55 pm.
Respectfully submitted
M. Novack
Tasks from previous months still needing to be completed.
1-3 TASK: Board member to visit ELRA Members who are in arrears in their assessments ** G. Colbert.
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. ** Relevant, to be addressed in the future.
8-2 TASK: Determine status of funding for the Syphon Project and write in support of the Project** Yet to be determined
8-3 TASK: Oversee the possible reconditioning of existing ELRA Rafts/Barges** G. Colbert**
8-8 TASK: Follow-up with Kamehameha Schools with regard to their payment of Maintenance Fees** G. Colbert*
9-3 TASK: Explore the possibility of an alternative dredging company**C. Turner **
[1] Approval of encroachments is one of several administrative tasks assigned to the ExCom and is normally executed by the Title Company conducting the Escrow Process.