Enchanted Lake Residents Association
Board of Directors Meeting
Emmanuel Episcopal Church, Tuesday, 13 September 2022
Present: J. Bean, G. Colbert, M. Compton, G. Gustavson, C. Jewell, L. Jenks, M. Novack, F. Tannen, C. Turner, D. Young, and M. Spencer (Administrative Assistant).
Absent: D. Dawson, D. Medeiros, and A. Richardson.
Prior to the Call to Order, D. Young encouraged the membership to reintroduce themselves as this was the first time since July 2020 that the Board had met in-person.
The meeting was called to order by D. Young, President at 7:15pm. A quorum was declared.
Minutes: The draft Minutes for August 2022 meeting had been circulated previously via email, but M. Novack stated they were not, yet, ready for a vote because some clarification was needed.
Finance: G. Gustavson reported that there are no significant changes in the ELRA finances in August 2022.
The American Savings Bank August end of month balances are $2252 in Savings and $48,301 in Checking. There is no actual funding versus budget spreadsheet this month as the current year budget has not been approved by the board.
There were three major recurring expenses that were paid in early August: $3100 for D&O insurance, $3342 for insurance for the EcoHarvester and security boat, and $300 for the 2022-2023 property tax. These expenses are consistent with our expectation and our budget.
M. Novack made the motion and was seconded by F. Tannen to accept the Finance Report as presented. By show of hands, the Finance Report was unanimously accepted, subject to audit.
The ELRA Annual Budget for 2022-2023 had been circulated previously via email and G. Gustavson then opened the topic for discussion and questions. Following discussion, a motion was made by M. Novack to approve the Annual Budget for 2022-2023 as presented. This was seconded by F. Tannen. By show of hands, the ELRA Annual Budget for 2022-2023 was unanimously approved.
G. Gustavson offered his thanks to Alan Richardson and Adam Bookatz for their continued support of the ELRA finances.
Administration:
Communications Log: D.Young had shared his log prior to the Meeting. There was no discussion.
Report from Kailua Neighborhood Board (KNB) Sep 1, 2022
ELRA Board was represented by M. Novack, C. Turner, and L. Jenks via WEBEX. Meeting was called to order by Bill Hicks, Chairman.
BOARD VACANCY – There was a very close election to fill Subdistrict 4 representing (Coconut Grove, Kalaheo Hillside and Downtown Kailua) for the term ending June 30, 2023. There appeared to be three possible candidates for the position, however only two appeared. Each was asked for a short presentation, describing their background and why they wished to serve on the board. Ultimately Ms. Carol Miyashiro was elected to the fill the vacant seat.
The government official drawing the most interest was the representative of the Marine Corps Base, Hawaii. He made a short presentation about the security fence that is being installed along the Keolu Ridge, separating the Marine Corps Training area (on Bellows Air Force Base) from the Keolu Hills tract. This quickly became a forum to complain about all Marine Corps activity on the islands. The rep should be commended for a cool head.
The Board was supposed to consider three possible motions, one of which has direct bearing on ELRA and the Wetlands.
The Kailua Neighborhood Board is concerned that multiple major stormwater drain channels are clogged with sediment, trash, and vegetation, including Hele Channel, Akipola Lined Channel, Keolu Lined Channel, Kamahele Ditch, and Alahaki Ditch. If this debris is not expeditiously removed, it poses an estuary contamination problem with heavy rainfall in the fall, in violation of the city’s National Pollutant Discharge Elimination System (NPDES) permit. Furthermore, we believe a schedule for conducting periodic maintenance on these five channels should have been posted on the Department of Facility Maintenance (DFM) website in accordance with City Council Resolution 21-77, however we can not find a maintenance schedule for any of these channels posted there. The Kailua Neighborhood Board requests that DFM clear significant debris from these five drain channels prior to November 2022. (Individual motion; will require a second.)
Unfortunately, the meeting became chaotic – with an individual from Waimanalo – wishing to express her lengthy opinions on many issues. By 9:30 PM it became unclear that this motion would be entertained, and ELRA Reps left the meeting.
Once KNB minutes are published, M. Novack will update the ELRA Board.
Report from KNB Pollution of Kailua Waterways and Beaches Subcommittee (PKWBS) Sep 8, 2022: Attended by C. Turner and L. Jenks from the ELRA Board. Turner shared several photos showing evidence of extreme construction-grading along the Waimanalo-side slopes of Mount Olomana. This will result in accelerated inflow of dirt and debris from off these cuts, just as Hawaii is about to enter its wet season. There was no photographic evidence of any BMP barriers in the area.
The wetlands are already suffering from the down-slope flow of dirt and debris from the Horn property. Whatever doesn’t get deposited in the wetland will intrude into the lake, exacerbating the delta-like distribution of debris.
The Subcommittee Leadership (Bill Hicks, Chair KNB, Levani Lipton, Chair PKWBS plan to meet with representatives of DFM, EPA, and BOH.
There was follow-on discussion about the role of the Kaopa Settling Basin and the challenges to clearing and restoring it. Also, possibly, creating an alternate that is not on private land.
It was suggested that a letter be written requesting a “50-day Notice of Stoppage,” as prescribed in the Clean Water Act (33 U.S.C. §1251 et seq. (1972) (Updated 2018), might be an appropriate measure.
9-1 TASK: ELRA Board needs to know a lot more about the what and to who of the “50-day Notice of Stoppage” ** C. Turner and B. Bourke** COMPLETE
Annual Membership Dinner Meeting, October 15: M. Novack reported that it appears that the Board is current with the variety of tasks necessary to produce the Annual Meeting.
The first notice about the dinner to membership was an email sent to ELRA members on July 31, 2022 and the hard copy invite was sent via USPS on Sep 8, 2022. C. Turner created and sent out a reminder email on September 19.
Of the three community leaders who were invited, we have had a positive response from Lisa Marten, (State House District 51).
Agenda: The Agenda was reviewed and approved.
Elections: It continues to be difficult to attract new Directors who are willing to serve. Novack recommends the Board take this post-pandemic year to focus on rebuilding the Board.
Dinner: The Dinner Menu sounds good. C. Turner noted that we need a firm headcount by the end of September.
Lake Cleanup: D. Young reported that the latest cleanup will take place on September 17, 2022. Aloha Junk Man (AJM) plans to bring 4-6 boys from the Martial Arts Company, and will provide materials to collect coconuts, debris, and cut back mangroves around the shore of the Lake. The material will be bagged and deposited on some docks/walls, moved to front yards, and picked-up by AJM trucks for disposal at the dump.
This operation will require the use of the Security Boat, private dinghies, kayaks, and equipment.
9-2 TASK: Contact a Kimo Cove resident for permission to use their dock area for off-loading debris ** M. Novack**COMPLETE
Dredging Situation: G. Colbert reported that ELRA should accept that the use of the Hawaii Youth Correctional Facility (HYCF) is no longer an option.
He identified three possible alternatives:
- Send to the commercial disposal yard in Nanakuli. This option will be more expensive because of the distance the trucks must travel.
- Build an island in the lake. This might be just as expensive as trucking, will require additional permits, and features many unknowns.
- Look for other possible local locations to deposit the soil.
- Farmers
- Sod Farm
- Nurseries, etc
G. Colbert recommends that ELRA target Spring of 2023 for a possible start time. In the meantime, Oceanit will continue to engage with American Marine.
C. Turner suggested a possible dredging alternative. This is a smaller company who could enter the lake by way of the wetlands.
9-3 TASK: Explore the possibility of an alternative dredging company**C. Turner **
Correspondence with Kukilakila Leadership: D. Young described some exchanges he has had with B. Sullivan, President of the Kukilakila Community Association (KCA). Over the years, owners at the KCA condos have requested and been approved to build docks along the common grounds belonging to KCA but extending into the Lake. Recently an owner of such a dock, has put his house up for sale, and wanted to sell the dock as part of the agreement.
This is challenging for several reasons, to include the fact it was observed that rather that building the dock as a floating dock, as approved by ELRA, the dock was attached to pilings driven into the Lake bed. This constitutes an encroachment.
One option that is under consideration is that KCA buy the fixed dock and allow KCA owners – who are also ELRA members – to use it. Another option is to dismantle the dock, at the owner’s expense.
Sullivan told ELRA that KCA Board has put a hold on any request to attach docks to KCA property. B. Sullivan said he will keep ELRA informed.
This has not been resolved.
As part of the discussion of the use of the Lake it was observed that while KCA is using the Lake, it is not contributing to the liability insurance. This cost of more that $13K is currently borne only by ELRA and constitutes the largest expenditure for the association.
Annual Report: D. Young reported that the Annual Report will go to the printers on 19 September.
Committee Reports:
Dredging Committee Report: See Above
Environment Committee: D. Young reported that he had received B. Bourke’s comments on Draft Storm Water Strategic Plan and that he would be forwarding them prior to the September 16, 2022 due date.
Operations Committee: No report.
Membership Committee: No Report
Next Meeting Date: The next Board meeting will take place at the Emmanuel Episcopal Church, Tuesday, Oct 11, 2022, at 7pm. The next KNB meeting will be Oct 6, 2022, at the Kailua Rec Center, M. Compton is scheduled to attend.
Adjournment: The meeting adjourned at 8:56 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.
7-3 TASK: Contact Chris Lee, State Senate District 25, to determine whether it would be possible to stored dredged material on Dog Park site **G. Colbert**
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**