FISHHAWK LAKE RECREATION CLUB, Inc.

Open Board Meeting Minutes

OCTOBER 14, 2006

In Attendance: Jean Martwick, Eileen Rule, Vic Dykstra, Steve Butsko, Gary Rinehart, Art Mitchell, Irene Dickson. Absent: Kinton Fowler, Larry Boxman

Vice President Jean Martwick called the meeting to order at 9:30am and announced that Larry Boxman has resigned as board President.

September 9, 2006 meeting minutes were approved with the following corrections.

·  Deed to lot 19 was deed back in 1992

·  Dredging spoils numbers were an estimate based on a study done by OK Hill over one Season

·  Long Range planning report was presented by Troy Horton for Heather Berg who was not present at the September 9th meeting.

Steve Butsko moved to approve the September 9th minutes as corrected. Vic Dykstra seconded the motion.

New Business: Board Positions for the 200-2007 Board of Trustees

·  Steve Butsko vacated the Dredging and Weeds position

·  New Trustees were introduced and appointed Trustee positions.

Steve Butsko moved to confirm Irene Dickson to the Fish and Wildlife position.

Art Mitchell to the Dredging and Weeds position, Vic seconded all were in favor.

New President nominated

Irene Dickson nominated Steve Butsko to the position of Board President, Vic Dykstra seconded the motion. Motion passed

Committee Appointments

The list of new committee volunteers were read, Helen Horton expressed concern that new positions had been filled without contacting the standing committees. The board confirmed that no committees had been appointed or positions had been filled. No open positions will be filled today. The list will be reposted for anyone who would like to add their name to a committee list. Irene Dickson will take charge of this.

Fish & Game guest presentation

Chris Knutson from the Fish and Wildlife services spoke about our nine month work window for dredging resulting in better water quality.

Angling regulation: Fishhawk Lake is in the 2006 fishing regulations book. The regulations are a clarification of existing rule not a change.

Fishhawk Lake is a tributary of the Nehalem River and is managed under the stream rule for trout fishing. Lake fishing is catch and release only. Trout fishing is the 4th Saturday in May to the end of October. It is closed to salmon and steelhead.

Questions were asked by membership-

Q. If Fishhawk Lake is catch and release why not year round fishing? A. The lake is closed to trout fishing during the time of the year that juvenile Coho and Steel head are in the lake.

Q. Stocking is done elsewhere in the basin (North fork of Hwy 53) why not here? A. No stream cutthroat stocking program exists. Due to budget cuts trout stocking is limited to lakes only, not streams. If Fishhawk wanted to fund and create a stocking program, it could be done but is a lengthy and difficult process.

While the fishing regulations list Fishhawk Lake in the regulations book, it does not state that it is a private lake. It is our responsibility to post that this is private property and the rules of trespass still apply.

Although is has been proven effective and is used in other places. There is a prohibition on the introduction of grass carp in Oregon. If we want to use it as a means of weed control Fishhawk would need to get approval from the Fish and Wildlife Commission.

Resolve of remaining Board of Trustee position

The Board requests any member who would like to assume the Director

Position to submit their name to Eileen Rule, the Board Secretary;

at E-Mail: or 503.524-5040. (Leave message) or 503.

755-2827 (Lake). Board will choose and appoint the one remaining

Director position during the November meeting.

Issues were raised about the election process at the August board meeting. Clarification was made that board positions had been changed without board approval or proper membership notification. In order to comply with State law the board elected to postpone the voting to give proper notification to the community. Irene Dickson will take on the task of improving communication between the board and membership.

ORS 65.307 was read into the minutes (1) A board of directors must consist of one or more individuals for a mutual benefit or religious corporation and three or more individuals for a public benefit corporation, with the number specified or fixed in accordance with the articles of incorporation or bylaws.

(2) The articles of incorporation or bylaws may establish a variable range for the size of the board of directors by fixing a minimum and maximum number of directors. If a variable range is established, the number of directors may be fixed or changed periodically, within the minimum and maximum, by the members or the board of directors. If the articles of incorporation establish a fixed or a variable range for the size of the board of directors and the corporation has members entitled to vote for directors, then only the members may change the range for the size of the board or change from a fixed or a variable-range size Board. …

Lake Manager’s Report

·  Has been working on outdoor maintenance,

·  Vic got the buildings painted.

·  ISO inspectors hopeful will be out. Hopefully re-regulate and lower our insurance rates

·  Regulated ban is still in effect

·  Recycling is set up outside the clubhouse on Board meeting Saturday

·  Burn pile road is being repaired wait until Monday to use burn pile

·  Culverts are full of mud on Boxler creek. Creek level culverts are plugged need to unplug Boxler Creek Bridge. Tim stated we need to chip seal.

·  Tim asked for funding to pull out the culverts while the equipment is here to work on the Norhshore pond. Tim will contact agencies for emergency approval.

·  Irene Dickson made the motion to release the funds approximately $1,000 to excavate Northshore ponds and additional funds necessary remove the culvert. Jean Martwick seconded the motion all were in favor.

·  Maggie Payton – Glen Willis property will ask for Weir plunge pool fish hatchery will see what needs to be done.

Executive Secretary’s Report -

·  Please keep address, phone numbers and email addresses updated with the board.

·  Minutes of all board meetings are available at the office, on the Fishhawklake.com website or can be mailed to your home for $20 per year. September thru October.

New Business-

·  Classification of Personnel Committee: Heather Reynolds clarified the classification of our personnel committee. (Authority ORS 65,354) The Personnel Committee has been functioning as such, since inception. The Committee consists of at least two (2) Board members, Vice President and Treasurer. Addition members are chosen by the Vice President/Chairman of the Sub Committee. Terms of office are to run concurrent with the applicably named Board Members. It is delegated authority to make decisions on behalf of the majority of the Board. Decisions are appeal able and voted on by the full board.*

Jean Martwick made the proposal to classify the personnel committee as a Sub Committee of the Board of Trustees. Vic Dykstra seconded the motion. All were in favor. At the request of association members present, the motion was modified to add “Decisions are appeal able and voted on by the full board”*

·  Play Structure Safety: Dirt and grass does not provide adequate protection from injury. Steve Butsko will arrange for a donation of hog fuel, Vic Dykstra will take responsibility for placing it under the play structure.

·  Executive Committee: A Motion is made by Art Mitchell to execute a Resolution to create an Executive Committee, seconded by Vic Dykstra. (Authority ORS 65,354) The initial Committee Members would be comprised of: Vice President; Secretary; Director of Fish & Wildlife; Director of Dredging & Weeds; and Director of Building & Grounds. Terms of office are to run concurrent with the applicably named Board Members.

The motion was revised to add: “This committee will act as an advisory to the board of trustees and has no delegated authority to make decisions on behalf of the majority of Board of Trustees.

The committee will address the communication issues brought up in today’s meeting and gather information to be prepared for board meetings.

·  Larry Boxman’s resignation letter was read at the request of the association members present at the meeting.

Board Reports:

·  Building/Grounds – No Report

·  Dredging/Weeds Art will be monitoring the one year plan. Tim added; No Fish kill, turbidity issue resolved, our one year permit with the fish and wildlife service has been approved and extended to a four year plan.

Dredging will be done in October

·  Fish & Wildlife- No report

·  Legal/Special-No report

·  Treasurer-not present

Committee Reports:

·  Personnel: Policies will be discussed under old business

·  Architectural: Carla Bangert, no report effective immediately she and the entire committee have resigned.

Christine Medrano’s appeal letter was read to the Board of Trustees

Carla Bangert gave clarification of the architectural committees findings for the benefit of the new members on the board. Christy’s application for a retaining wall was denied based on the cottage stone materials used as building materials. Natural rock and vegetation would have been a better choice. The question to overturn the architectural committee’s decision was opened to all for comment. Other lots were sited as examples of prior use of cottage stone. Those projects were grandfathered before the CC&R were amended to exclude cottage stone as approved building material. Vic moved to uphold the Architectural committee’s decision. Four members were in favor, one opposed and one abstained. The motion passed but was modified to extend deadline for removal June 30, 2007. Kristy received several offers from board members and association members to help with the reconstruction of the retaining wall.

·  Security Mary Lou Yoder reported on September 25th at 11:30pm were riding loud bikes on Fishhawk road, the parents were notified. September 28th 12:30am Car went across the bridge with loud pipes, Returned at 2:19am. Mr. Yoder confronted and informed them that this is a private property and contacted police to make a trespass report. A yellow and black Bronco and a pick up, an Oldsmobile have all been trespassing. If you see any of those vehicles, record license plate numbers and contact security. They will be keeping a log of license plate numbers. Cathy Cardona reported issues with motorcycles in violation of our motorcycle policy. . Our roads are deed as public roads but Art Mitchell will look into the feasibility and cost of making Fishhawk Lake a gated community.

·  Social – Diana is still looking for interested members to host the December Dock Crawl.

·  REO – No Report

·  Long Range Planning-Looking into easement to keep the trail open. We have a verbal OK from Kane and Cardona. Would like to formalize to stop future problems.

·  Architectural Review- There are thirty plan that need to be reviewed today. Steve Butsko appointed a temporary review committee from the list of volunteers to fill in until a new committee is named: Butch Sassee, Kathy Cardona, Mary Lou Yoder, Marilyn Van Horn, Ginelle Hall, and Sue Spendal.

Old Business:

·  Personnel Policy Report- the Personnel Policies and Job Descriptions are submitted to the Board of Trustees for the initial confirmation vote. Any subsequent modifications or changes will be confirmed by the Personnel Sub Committee.

·  Jean Martwick made a motion to accept the personnel policy as printed and sent to board members. Gary Rinehart seconded the motion. Motion was carried with one board member abstaining.

Good of Order

·  Possible 501c 3 Status – Art Mitchell will look into the possibility of obtaining foundation status allowing for a partial deduction of dues paid.

·  The Personnel Policies and Job Descriptions are submitted to the Board of Trustees for the initial confirmation vote. Any subsequent modifications or changes will be confirmed by the Personnel Sub Committee.

Adjournment- Meeting was adjourned at 1:20 pm

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