Langdon Lake Association

            LANGDON LAKE HOMEOWNERS’ ASSOCIATION

ANNUAL MEETING OF MEMBERS

JUNE 24, 2023

MINUTES

CALL TO ORDER

Upon proper notice, the Annual Meeting of Langdon Lake Homeowners Association was called to order by President Dale Freeman at 10:02 AM, June 24^th, 2023, at the Tamarack Inn Garage 62388 Hwy 204 Weston, Oregon.

Members Present:  Jeff Armatrout, Bruce and Kay Barga, Benjamin Brainard, Doug Corey, Rob Davis, James and Jodi Dean, John Duff, Patrick and Marianne Fisher, Dale Freeman, Allen Hendon, Seth and Ann Johnson, Tim and Janelle Klashke, Liz and Zeno Marvin, Erik McLaughlin, Donald Moody, Dan and Melissa Thiessen, Richard and Colleen Wurz, Chuck and Karen Zohner.

All other members were not present.

Also present were Simone Cordeery-Cotter, Jerry Smith, Trever and Lynsey Ring

1. 1. 1. I.     MINUTES OF PRIOR MEETING

It was moved, seconded, and unanimously passed that the minutes of the August 13, 2022, Annual Meeting of Members be approved as distributed.

II.     COMMENTS FROM SIMONE CORDEERY-COTTER WITH OREGON STATE FIRE MARSHAL

Dale Freeman described meeting between Simone Cordeery-Cotter, Jerry Smith, and a local Pendleton official from ODF on June 5th, 2023. They did a tour around the lake to access for risks and possible grant programs.

Simone then introduced herself and explained that she works with Oregon State Fire Marshals as Fire Risk Reduction Specialist. Simone covers 6 counties with the goal of helping at risk fire danger communities minimize the impact of fire, preserve life, safety and property. One of the programs available is called Firewise.

1. Firewise is a national voluntary program in which members become certified and recognized. The members are aware of their fire risks and show that they have taken steps to reduce those risks. There are perks associated with being a Firewise community. Members that are military or former military get a discount on their premiums. It also stages the community for advantage to state and federal grants. When touring Langdon Lake Association property with Josh Lambert of ODF, Simone noted that in all of the areas, counties, and communities that she works for she has not seen an area as Firewise as Langdon Lake Association is, there is not a lot to change.
3. Simone then explained the steps to joining Firewise. She had prepared a risk assessment for Langdon Lake to review that includes a drafted action plan. A committee will be need to be formed to go over and refine the action plan. Once that has been done the assessment will be turned to ODF for vetting and then ODF will turn it until the National Firewise Association for certification. To maintain the certification, members will need to have an annual event such as this meeting to discuss fire safety, and one hour of creating defensible space per structure per year. This would include mowing, sweeping pine needles etc. The hours would then be logged online and certification would be maintained as long as updated annually.
5. Ms. Corderry-Cotter then opened question and answer discussion as follows:
7. Benjamin Brainard: What associated costs would be included, if the Association doesn’t receive any grants for tree thinning etc., or infrastructure changes to allow for water/water trucks or other things that LLA would be required to do?

Answer: Simone explained that there is nothing LLA has to do as the entire Firewise program is voluntary. Community driven program and not policed by the Fire Marshall. It is designed for the community to be educated and to educate and help their neighbors reduce the risk of fire. As far as costs go for cleaning up the reserve areas, Simone is happy to help chart that out and see what costs might look like. There are a lot of state and federal funds to apply for. There are few listed in the above assessment that she can go over with those interested.

1. Zeno Marvin: Would the grant itself include tree removal?

A: It is possible, it depends on the funds available. For example, Community Welfare Defense Grant starts in July to remove dangerous or dying trees. Simone will see if HOAs can apply for that Grant, but assured the group that there are a lot of other grants out there especially right now. Zeno added that everyone should keep that in mind, because it would be nice to do a comprehensive removal of trees instead of one at a time and to get them paid for.

• Dan Thiessen: If SB762 passes, would being a Firewise Community help get ahead of that law?

A: Informally, being Firewise does help because of the layers of the wildfire risk map and where you fall on that map. 80 % of the Lake would most likely not be impacted. Since the map has not been completed and has a few changes still in legislation there are no defensible space or building code requirements at this time.

• Don Moody: Is there a way to find out which 20% of the Lake might be more impacted by SB762?

A:  A Deputy Fire Marshall could come out and review your homesite with you for possible risks and future violations, there is also a four page self-checklist that homeowners can go through on their own. The checklist is available at Oregon State Fire Marshal : Oregon Defensible Space : Wildfire in Oregon : State of Oregon (https://www.oregon.gov/osfm/wildfire/pages/oregon-defensible-space)

• Jeff Armatrout: Would it be advisable to get the 20% of the lake in on the grant for fire risk removal and get ahead of the SB762 while it’s not being enforced before everyone else applies for the grant money?

A: Since 2020 and since the increase in wildfires the volume of resources has increased substantially so now is a good time to get out there and apply for grants.

• Don Moody: Why is there not more consistency between the state and federal level, as an example, no fires at Langdon Lake but next door at Woodward campground can have fires and just leave?

A: Depending on where you are in the state there is better communication and coordination between the agencies. On this side of the mountains, they are still working to build better communication and coordination.

• Jerry Smith: What was the name of the insurance that gives discount to Firewise members?

A: USAA but requires a veteran or other military member to have that insurance. Simone recommends Leaseholders contact their individual insurance companies and let them know that they are taking steps to prevent fire risk voluntarily by having a representative from the Federal Fire Marshal visit, it may have advantageous benefits.

• Dick Wurz: Wondered if anyone has USAA, because he is having had trouble getting insurance coverage for their cabins. They have been cancelled 3 times in the last 10 years. For this he feels that joining Firewise might help with that problem.

A: There has been significant work in legislation about not allowing insurance companies to drop homeowners, but Simone is unsure where the traction is on that.

• John Duff asked how long it takes to become Firewise certified.

A: Simone explained that it really depends on the community. It is community driven. Recertification is done in November, so Simone recommends going through the process before that time.

• Benjamin Brainard asked about the bureaucratic fire map. Last year LLA was a higher fire zone. He wondered if LLA is going to be in a higher bracket than last year?

A: Simone answered that she was uncertain about that. She said that ODF has contracted OSU to do this work. In Simone’s own unofficial opinion, she would be surprised if the fire status would be revised up, but would be more surprised if LLA was revised down. Simone emphasized that this is her personal opinion.

• No other questions.
• Next step, Simone will make modifications to the assessment and send it out to Dale and Jerry to review. Once Dale has reviewed it, he will send it the rest of the Board. Members will need to put together a committee who will put together an action plan. The action plan will then to go to Simone, to ODF, and then on to Firewise for certification. She again complemented Langdon Lake and really wants LLA to get recognition for being a great example for fire risk reduction.
• There was unanimous agreement among the members present that they would like to proceed with Firewise Program. No members present volunteered to head up the Langdon Lake Firewise Committee. Dale encouraged members to think about it, and possibly put together a committee and let Lynsey know. Simone again explained the simple steps the Committee would need to take and assured all there of her assistance throughout the process. Ideas that might be recommended for an action plan, were to ensure neighbors are signed up for notifications on OR Alert; practice evacuation drills with Sheriff’s and UCFD. For the first year, work on organizing ideas, and apply for grants for clearing.

III.       OLD BUSINESS

1. a.     Ratification and Confirmation of Actions of the Officers and Directors for the past year
3. It was moved, seconded and unanimously passed to ratify and confirm the actions of the officers and directors for the past year.
5. b.     Financial Review

For financial reports ending for the period ending May 31^st, 2023 -Patrick Fisher reported that the 2023 budget is $222,820. This is a $33,000 increase over 2022 . The primary increase is from concern over the small amount of funds in the Capital Improvement fund. Especially if the Wastewater Treatment Facility should need any major repairs, replacement, etc. Other increases were Caretaker and Secretary wages, gasoline budget, legal budget, fish stock, and property taxes. Funds in the Banner Bank checking account are currently at $167,000 with $52,000 in The Capital Improvement Fund.

-Karen Zohner asked if those who are not on the WWTF system are also contributing to that fund.

– A: Those who are not on the WWTF do not pay the quarterly assessments for the WWTF. Their HOA assessments do contribute to the Capital Improvement Fund. This fund is available for any major repairs, renovations, etc to the entire LLA property. It is not earmarked for any specific purpose. Karen requested that at the next Board meeting, discussion would take place regarding the use of these funds and if it is fair that those not on the system be charged for repairs to it. A motion was made, seconded and approved for the Board to add this as an agenda item at their next meeting.

-A motion was made, seconded and approved to approve the financial review.

1. IV.     NEW BUSINESS
2. a.      Election of Directors

President Freeman reported there is one director position open for a five-year term.  This position is held by Alan Hendon who has decided to run again.  No other nominations were made. It was moved, seconded, and unanimously passed that Alan Hendon serve another five-year term.

1. b.      Report of Wastewater Treatment Facility Committee-Jerry Smith

– Running Toilets. Last year in February there was a lot of water coming in. DEQ watches closely, there is a certain amount of flow allowed. 6,800 gallons per day. Jerry strongly recommends that members turn off water to their cabins, or their toilets if they are not going to be using it for extended amount of time. They should thoroughly check for leaks and/or water running before leaving . Last year the facility was getting 2000 gallons per day. If the flaps on toilets do not seal properly it can equate to a lot water in the system. John Duff had an issue with a leaky bathtub that was causing his pump to kick on. John knew that there was something wrong and asked Jerry to check in on the cabin since his electrical bill was abnormally high. Jerry said John’s example can help other homeowners be aware of what to watch out for.

-The septic system is 21-22 years old now. Jerry working on a lot of preventative maintenance by changing out the pumps for the lift stations around the lake. There are five lift stations with two stations per lift stations, and 6 at the WWTF. 2 per year have been changed out and he is about halfway done, with completion expected in 2026. John Wells with Anderson Perry did attend the last Board Meeting.

-Jerry requested that John Wells with Anderson Perry do an assessment of the drain field to make sure everything is still working properly. He will be up to the lake about mid-July to do this. There are also some manhole infiltration issues, especially during spring time. There is a man coming to look at that and explore options.

-Zeno and Jerry are going to look over the large tanks that have sludge in the bottom. They are supposed to be pumped every year. The last time pumped was about 5 years ago. If it’s above 30% sludge they will need to be done. Zeno explained that this preventive maintenance ensures that we don’t have an expensive emergency situation down the road, and it is well worth the investment.

Question and Answer:

Benjamin Brainard: Is the manhole Infiltration just from the top, or is the system is leaking somewhere?

-A: Jerry explained that the infiltration is coming from below. The snowmelt comes in from the incoming pipe from the bottom. There is snowmelt in between where the pipe comes in and is especially problematic in the Spring. Jerry and Zeno consulted with a manhole specialist. The specialist said that he needs to wait until the problem is occurring to address it. Jerry thinks that they will try to have him come back in April of next year. Zeno then explained the possible process for the repair in which they reject an epoxy urethane resin that is supposed to repair fracture points and takes a load off of the system. Unfortunately, there is no guarantee that this will solve the infiltration problem. It does show the DEQ that LLA is aware of the problem and doing everything we can to fix it. The specialist does feel confident he can have a good impact on that.

Erik McLaughlin: reminded everyone that on high traffic weekends, please conserve your water usage. It is the easiest way to alleviate problems.

1. c.     Comments from Caretaker, Jerry Smith

-The Gate. The gate has not functioned for over a month. Jerry has done everything to fix it, including new batteries, new computer boards, etc. The gate is over 13 years old. Everette Knudsen had done an excellent job getting the gate set up, but it has finally worn out, and needs an upgrade, with new brackets and opener, touch pads, and connect points. Everyone that Jerry has talked to says the gate itself is fine, it just needs an overhaul.

-Shoreline and Dock Repairs. There are three entities that need to approve this project. Army Corp of Engineers, DEQ, Oregon State Lands Dept. We are on track for approval, but the issues are where is the fill material going to placed, since it can’t be near a wetland area, you have to be within some many feet of the shoreline if you are going to dig on the lake bed, etc. The plan is to start this project in October before the snow fall if we can get the proper approvals.

-Shoreline Level. From March until end of May, the water line fluctuates a lot due to snowmelt, etc. It’s a lot of work to continuously have to adjust, and the constant adjusting is hard on docks. Jim Wilson, who was not present has previously suggested putting in an overflow culvert. The culvert hole will help keep the lake level consistent, as well as help with the fish retention. This will probably need to happen when the lake level is dropped.

-Fish. Fish were put in on Wednesday. Chuck Zohner took delivery of the fish and was told there about 900 fish that about 16-20”.

-Boat Stickers. Boat Stickers are being put on every watercraft. Two per craft, one on the left and right front. Non-motorized can receive a sticker. Marianne Fisher explained the stickers are a sort of inventory of lake traffic. Motorized vessels like motorboats, jet skis etc will require insurance and please get that info to Lynsey in the office. Lynsey will let Jerry know once she has that information, and Jerry can get you a sticker. The other change in the rules was instead of watercrafts being registered to the Leaseholders only, they rules now include linear descendants. They will also need to provide insurance information to Lynsey to receive a sticker.

Questions:

• Benjamin Brainard: What happens if there is a company on the Lease, who is the watercraft need to be registered to?
  • A: Tim Klashke stated that this angle had not been considered and the Board would need to discuss that and get back to him.
• Dick Wurz: Do paddleboats need a sticker as well?
  • A: If it’s under 10 hp you don’t need to provide insurance information. Marianne explained that the stickers are to help Jerry identify who should be on the lake, to inventory how much traffic is on the lake after so many complaints and near misses/safety issues last year. Especially since this is a little lake with a lot of traffic.

-Fish in Creek: Nat and Seth Small volunteered to get fish out the creek that washed through. They got about 100 out of the creek using a throw net. Most of the fish are back in the lake.

-Fire and Thinning. Josh Lambert from ODF came up to the lake in June. Jerry and Simone explained that LLA reserve is private property, but subject to ODF for fire regulations. Josh inspected all the reserve property. It was thinned about 20 years ago in certain areas, but it is really thick again. Langdon Lake thinned a different area about 10 years ago using grant money, and had a logger come in to do it. Unfortunately, Josh said that ODF will not have grant money available for at least 5 years.  Josh did say he would do an assessment report via “inventory plotting”. In a 1-10 out of in level of thickness, LLA is about a 7. Jerry will meet with Josh later on to gather this information. It may be possible to meet with a logger to see about having the area cleared.

– Zeno Marvin asked to clarify if there is any grant money at all.

– A: Simone clarified that the Oregon State Fire Marshalls do have grant money available, but ODF does not. There are also many other options such as USFS, non-profits, or private entities among others.

-Fire Trailer. The ODF has loaned a fire trailer to LLA it sits behind the gatehouse on the right as you come through the gate. It has a 2” ball and needs a pickup to move it easily. The batteries are fresh, it is full of water and ready to use. Jerry is happy to provide training to anyone who is interested. Another reminder is to have a faucet and hose ready to go at the homesites. Those two things can save a cabin.

-Meeting Facility. Trevor Able loaned the facility where today’s meeting is held at no cost. Trevor also owns the store across the street. He is planning to have the store open, with gas/diesel, by mid-July. Restaurant and Sports Bar and will be open hopefully in August sometime. He also owns the Tamarack Inn Bed and Breakfast and does snow removal as well. The loaning of the facility at no cost was much appreciated.

Questions and Answers:

Benjamin Brainard: Is there any provisions for an extension to the permit, in case the snow comes early, and members want to get started on the project earlier?

• Jerry explained that it is up to members, since lowering the lake earlier will shorten boating season. There is a lot of precautions that need to be taken when using heavy equipment on a lakebed. Jerry indicated on the permit that members would reach out to dig out sediment and no more than 20 yards. Jerry will ask about how long the permit lasts. Zeno talked about the limitations that may be involved and that it may be a multi-year event. There is also concern about were the fill where go, as it cannot go near a wetland. Jerry has an idea of where to put it, but ultimately it is up to the permitting agencies to decide what is wetland, and how close to that wetland is acceptable.

Patrick Fisher: Who is going to be responsible for having someone come and do these things, is going to be up to the individual members?

• Jerry explained that members will need to go through the Architectural Review Committee for preapproval for proposed work. Then members will most likely need a dump truck and a backhoe. The members will be responsible for arranging and paying for these services. Members may also want request a survey to verify their plot lines so they know they scope.

Dan Thiessen: What about those that are landlocked?

• There are easements along some of the homesites. To get to an easement you may have to cross your neighbor’s property and would need to get their permission. Erik explained that this is part of the approval process when going through the ARC. The end of September is approaching fast. Plans need to be submitted to the ARC soon. Zeno added that to make this a little more financially acceptable, cooperation and coordination between neighbors would be beneficial. This would also decrease the amount of heavy equipment traffic at the lake. Jerry reminded members that not only be a good time to repair shorelines, but also to do work to their docks, and remove sediment from under the docks so that boats don’t drag on the bottom.

Tim Klashke: Are there areas identified that are compliant with permit?

• Jerry does have a few places in mind but will need to verify with Army Corp of Engineers that these areas are acceptable distance from a wet land. This would only be dirt, not cement, or other debris.

Benjamin Brainard: Since there will be work done on creating a spill way while the lake is down, will there still be road access for east and southside lake people?

• Zeno explained that there would be no activity that would interrupt road access. They are planning on using the existing culvert to create a goose neck drain to the surface. Possibly on the day that they are setting the equipment, there may be brief interruption, but there is not going to be any digging or anything that would cause a problem.

1. d.     Report of Rules Committee- Marianne Fisher

-Safety on Lake. Concern about the safety on the lake with the volume of the people, with all watercrafts. That is why the inventory of stickers on boats at the lake and making sure insurance is in place, because it could be a huge liability if an accident should happen. There were two changes to this policy; One was a clarification from the Oregon State Marine Board, that private lakes do not require registration of watercrafts, as long as they are not used on ANY public waterways; The other was a change from the watercrafts being owned by the Leaseholders only, to owned by the Leaseholders and/or their lineal descendants.

-Rules Infractions. Some members have requested clarification of the process of reporting rules infractions. Marianne explained that there is a Notice Rules Infraction Form as well as clarifying terms in the Rule Book. Communication is key, if members have a problem, they can call any Board Member or try to resolve issue with a neighbor. If a member wants to fill out a Notice of Rules Infraction and needs help, they can contact a Board Member or Lynsey for assistance.

Questions and Answers:

Benjamin Brainard wanted to know how the ownership of the jet ski worked, as his lease is in the name of the family corporation. This corporation has 70 plus members.

-The are a lot of things that need to be considered regarding this situation. The Board will have to discuss further.

John Duff: How do these rules apply to rentals?

-The rental agreement would need to be in the Leaseholder or lineal descendant name and there would need to be liability insurance purchased for the watercraft while on the lake. Rentals would be the exception to the sticker rule, but Jerry would need to be made aware of it, and Lynsey will need to see proof of insurance.

Benjamin Brainard has some deep concerns about the Rule Book. For example, the ‘No Burn’ fire fine.  Benjamin states that the Board is responsible to prevent liability and that bylaws state that members should be given, but the Rule Book has several instances of immediate fines.  Benjamin feels that someone will sue if not given multiple warnings. He would like the Rules with fines reworded or changed. He thinks a nasty lawsuit could be had if someone misses a “no burn” sign, has a small campfire, and then is given a $1,000 fine. Through discussion Benjamin stated he agrees with the rules, but not the approach to the enforcement of them. The approach could lead to a liability issue.

-Marianne explained that the only areas that have instant fines are in place for the safety of the community. These areas are fireworks, fires during no burn, and riding snowmobiles across the lake when it’s not frozen.

-Zeno reminded everyone that it only takes one fire to burn the entire community down. That is why that rule is geared that way, so that people are aware of the consequences.

-Karen Zohner added that the reason these rules need enforcement like the $1,000 fine is because people constantly push the rules. Although people do like to come to the mountains to escape all the rules, LLA is a community that requires structure. Because there are those that like to push the rules, it creates a hardship on all those who abide by them.

Further discussion was held regarding the warnings in place, including Textedly alerts, emails, and posts on ours and ODF websites regarding fire danger and regulations. Along with multiple signs along the highway, and with experience and common sense during the dry season. There is also an appeal process as well to those who do receive fines. Erik assured Benjamin that a lot of those in attendance will go through their leases to try to find the information Benjamin has brought up. He did add that the Lease does state that the Board and the Association can adopt rules to benefit the entire Community (9.17). The Lease, Rules, and Bylaws allow for a process in which the community can address specific concerns about Rules, Board Members, etc.

1. e.     Comments From President Freeman

– No comments

1. f.      Comments From Members

-No further comments.

1. IV.      ADJOURNMENT

There being no further business, President Freeman adjourned the meeting 11:48 AM after the adjournment was motioned, seconded, and unanimously passed.

Respectfully submitted,

Lynsey Ring

Recording Secretary