The meeting was called to order at 6:00 PM by President Don Vogel.  He noted that the meeting was being taped and that a quorum was present.

Directors present were Rob Collins, Jim Davidson, Jim Hicks, Lee Powell, Jeff Stillman, Angela Vanover, and Don Vogel.  Gene Allen and Harold Johnson were absent.

Approximately 30 Association members were in attendance.

MEMBERS’ FORUM
Ron Smith explained that he was in attendance should there be any question regarding the proposed new subdivision.

Angela Vanover stated that she was in favor of Village growth and feels that the proposed increase in the building deposit that the Rules & Regulations Committee is considering is too high.  Such an increase could reduce new construction and possibly increase lots in tax default.

Scot Elliot spoke about the possible tract changes in an area along the south shore of Lake Noel.  He wanted to know if the suggestion and plans were reasonable or if they should give up in the idea.  He was advised that the Board was still open to the idea and would wait for their proposal.

Jim Treat deferred until specific topics.

MINUTES
The Board reviewed the minutes from the regular September meeting and the September 25, 2008 executive meeting.  A typographical error was noted on executive minutes.  Jeff Stillman moved to accept both sets of minutes contingent upon correction of the error.  Lee Powell seconded the motion which passed unanimously.

TREASURER’S REPORT
Treasurer Jim Davidson showed a report that he had prepared indicating that current projections indicated the possibility of a $22,000.00 budget deficit to carry forward to 2009.  He stated that we expected to be about $35,000.00 short on projected income                           and that we had made a sizable reduction in spending.

Manager Kroeger gave the delinquent report noting that the total delinquency was $80,000.00 on 206 lots.  Some of the delinquent amounts had changed categories due to a computer glitch that has been addressed.  30 (15%) of the 206 delinquent lots have homes on them.  Though down, this 15% is a point or two higher than has been typical.  Three liens were released in September.  The collection agency collected a small amount bringing the total returned to the Village up the nearly $24,000.00.

There being no further questions, the financial report was unanimously approved on a motion by Jim Hicks and second by Jeff Stillman.

MANAGER’S REPORT
Manager Kroeger noted that the CLV meeting was ahead of the Town meeting this month so there would be two Town and police reports at the November meeting.  He further noted:

• The last round of brush chipping would begin on Monday, the 13th of October.  Anything put out after that date might not get chipped.
• That although a date had yet to be set, fall leaf vacuuming would start soon after the chipping was complete.  Watch the website and marquee for dates on this service.
• Road paving crews were working in the Village.  The work should be completed in about a week.
• All those that use CLV roads need to be very careful of others on the road.  There are more walkers/joggers out in this nice weather.  Please wear highly visible/reflective clothing and be aware that oncoming vehicles cannot see traffic over the crest of a hill.
• There were plans and papers for the directors to review and sign.
• That an agreed order had been obtained regarding the maintenance to some Tasman properties in the Village.  He noted that the landlord was not totally in compliance with the order and the he (Kroeger) had been in contact with our attorney on nearly a daily basis.
• That some of the people from game night at the Rec Center had requested the Association provide some card tables.  The Board denied the request.  Angela Vanover noted that she might have tables to donate.

During the report, Jeff Stillman noted that the Town’s water project had received bids that were $1 million under projection.  Bicyclists and scooter riders need to obey the rules of the road.

Angela noted that she had seen similar instances.  She also noted that she had heard about a prowler in the Village.  Manager Kroeger was directed to check with the Marshal regarding this.

OLD BUSINESS
Special Assessment- Jim Davidson recapped the reason that a special assessment was on the table.  He stated that the special assessment was anticipated to be proposed as $120.00/year for 5 years to homes only, not to vacant lots.  He stressed that the money would be earmarked for road repair/paving only.  He further noted that we are hurting in our current budget and that repair costs continue to escalate.  The only place we can currently draw money for other Village needs is from the road paving line item.  The roads are deteriorating, and the proposed increase in building deposit would also be directed to road repair.  He thought it unfair for a special assessment to include absentee owners as it is generally the residents that cause the wear, and get the use of the roads.

Larry Hess stated that kids outside the Village had been “TPing” in the Village, and that cracks in the road and standing water along side the roads were hastening the deterioration of the roads.

Jeff Stillman suggested that we need to bring this item up continuously for several meetings.  There were some questions/comments from those in attendance which were addressed by the Board.  Manager Kroeger was directed to check with the attorney to see if this sort of special assessment might create another “class” of member.

Steve Lee made several observation and recommendations to the Board.

Jim Treat wanted to know if a Kasper exit could be part of a special assessment.

There was additional discussion regarding this matter and Manager Kroeger read 4 letters that he had received from Association Members.

This item will be open for additional discussion at the November 13th meeting.

Legal Collection- Jim Davidson explained that currently the bulk of the delinquencies are members who were but one year in arrears.  He noted that after review, the costs of attempting to collect through the attorney probably outweigh the benefits at this time.  The procedure would be for the attorney to write a demand letter and then proceed to small claims court should the letter not be effective.  We could recover our legal fees if victorious in court.  Ideas from Association members are welcome.  It was suggested that an individual might have some way of taking caring of this as has been done on a previous occasion.  It was further suggested that we work with people and get what we can.  Jeff Stillman noted that we cannot adjust an assessment amount.

Mowing Concerns- Jeff Stillman reported that we had investigated the questions about a mowing billing that Larry Diamond had raised at the September meeting.  We found that the property owner had not been billed for lot mowing that was not being done and that there was no “cover up”.  He had reported this finding to Mr. Diamond.  Jeff noted that he, President Vogel, and Manager Kroeger had spoken with Mr. Diamond at some length after the conclusion of the September meeting.

Smith Homes Project- President Vogel stated that the Board had met with Ron Smith about a month ago and with our attorney in Executive session two weeks previous to this Board meeting.  He explained that the land in question, although inside Village gates was not technically part of the Village as it was not contained on any Village plats.  It had been Koch Development land from early on.  He continued saying that Smith Homes was proposing to build 7 new upscale homes, in compliance with current Village building guidelines, that would ultimately become their own 7 lot subdivision, a part of Christmas Lake Village, paying assessments as all other subdivisions. 

Numerous concerns have been voiced on whether or not this could be done, and it appears that it can.  The homes are to be under a set of Covenants and Restrictions that are very similar to those existing in the Village.  As a home is sold, the temporary C&R expires and the home comes under a set of Village Covenants. 

He further noted that Attorney Shaneyfelt had suggested that we get a written agreement to all the terms from Smith Homes in advance, and that the temporary Covenants would reference this agreement.

Trash Pick Up- President Vogel informed the Board and the attendees that an advertisement of bid for Village trash pick up service would be posted in newspapers from several counties in the next week or so.  The primary objectives of a single service were to reduce road wear from heavy trash trucks and the number of days that trash cans are sitting roadside.  Trash can restrictions were being addressed in a proposed new set of Village Covenants and Restrictions that is being drafted. There were concerns noted about location of trash cans while awaiting pick up, when the service will start, and that competition for this service would be helpful. 

A rule allowing heavy trash trucks only on specified dates is to be reviewed at the November meeting.

NEW BUSINESS

Building Guidelines- Committee Chair Jim Hicks reported that the committee had met and was ready to discuss two items for consideration of inclusion into the building guidelines.  The first pertains to weight limits during wet periods of the year.

III. On Site Construction Rules and Regulations

13. To protect and maintain the conditions of the streets within the Village, Christmas Lake Village shall limit the load for construction material and/or equipment vehicles to 16,000 pounds gross weight during extended periods of high water concentration in the soil  and annually as warranted, between January 1st to April 1st.  The Property Manager shall notify the builders of load limits status changes.  Furthermore, in certain cases, the Property Manager shall assign the route which construction vehicles are to travel to and from the site while in the Village during the duration of the project.

There were several questions and concerns regarding this proposal.  Some being that even though the need for such a restriction was evident, the restrictions would halt virtually all construction during the period of the restriction.  The dates as shown may be a bit late.  A per axle limit was discussed.  A per axle limit is in place at this time.  President Vogel noted that this was a first reading and he asked the builders present to check with their suppliers and to bring back suggestions.

The second item pertains to steel tracked vehicles.

14. The use of heavy trucks and equipment within the Village shall be monitored by CLV, and the Property Manager may prohibit such vehicles from using the Village roadways if in his/her view the vehicle could damage the road surfaces.  The self propelled travel of tracked vehicles, i.e. bobcats, track holes, bulldozers, etc., on Christmas Lake Village roadways is strictly prohibited.  At the location of equipment usage, it is recommended that equipment pads (steel plate or plywood) be placed over the roadway at points of high pressure contact such as trackways, outrigger footings, or points of tight turn radius.  In any case, as stated in the Covenants and Restrictions the repair of any roadway damage will be billable to the responsible home owner or home owners.

There was little discussion regarding this proposal.  It was noted that in some occasions, damage is done by a contractor or worker engaged in a project other then new home construction.

Tract C/E Changes- Manager Kroeger explained that a new member (Carl Working) and some other members in his area on the south shore of Lake Noel (see Owners’ Forum, “Scot Elliot”) were interested in changing their access to the Lake from a “C” (Communal) designation to an “E” (private) designation.  All members in the “C” tract would have to agree to the proposed changes prior to Board approval and a survey.  There was still some concern among some of the members about the designation of access so even though there was an agreement in principle, there were details to be worked out.  The Board remained willing to review the proposal upon presentation from the affected members.

COMMITTEE REPORTS

Business Planning- Nothing further
Infrastructure-  Chair Jim Davidson reported that work had begun on “raising the roof” at the rec center.  He noted that the building had not been constructed according to the plan.  He asked the Board if the work could continue through Christmas with some Rec Center use dates on the books.  He stated that the posts were attached at the top and could not fall down.  After some discussion, the Board suggested that the work continue on at this time.  Manager Kroeger was directed to contact the upcoming facility users.
Nominations- Nothing further
Rules & Regulations-Nothing further
Personnel- Committee chair Jeff Stillman reported that the committee had met recently and was suggesting that the Association consider employing a compliance officer to handle covenant enforcement within the Village.  He produced a job description that had been devised and information sheet about the position.  He noted that this person would not be a police officer with arrest powers.  He suggested that we could use the money that was not scheduled to be used for lifeguards to pay this officer.  The enforcement officer would also be additional eyes and ears for the local police department.

There was discussion generally about police protection in the Village and the lack of Covenant enforcement.  There were questions as to whether we could use some of our existing folks and it was noted that it was unfair and unjust to take away lifeguard service for this reason.  It was further noted that lifeguards had not been removed to pave the way for such a position.

This item was to be placed on the November agenda for further discussion.
By-Laws- None
Parks & Recreation- Chair Lee Powell noted that he needs to seat a committee and was asking for community involvement.  Anyone wishing to be involved with the Village park areas can contact Lee through the Association office.
Covenants & Restrictions- A meeting is scheduled for 10/13/08 for what is anticipated to be the last review before sending the document to the attorney for the first draft.

Resolution- President Vogel read a resolution from 5/3 Bank that required Board action in order to initiate a new CD at that bank.  After reading, the resolution was unanimously approved on a motion by Don Vogel, and a second by Jim Davidson.

There being no further business, the meeting was adjourned at 8:40 PM on a motion by Jeff Stillman and a second by Lee Powell.