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

Directors present were Jason Alban, Rob Collins, Jim Davidson, Brad Phillips, Lee Powell, Greg Robinson, Mike Robinson, and Jeff Stillman.

Amy Busler was absent.

MEMBERS FORUM
Angela Vanover was present as the Chair of the Covenants & Restrictions Committee to turn over the proposed document to the Board for review.  She noted that the committee had been meeting for nearly 3 years and that the attorney had reviewed the document more than once during its preparation.  She noted that many of the sitting Directors had not been on the Board at the time the proposal was started.  She advised the Directors to read the document carefully for contents and asked that they not take this work for granted.  She said she would be available for any questions anybody might have.

Al Logsdon had four comments.  He complimented the mowing crews for their work on the rights-of-ways.  He noted that some kids on scooters, although apparently riding legally, were in possible danger due to drivers not being able to see them easily due to the size of the scooters.  He asked the Board to promote scooter safety is some way.  He said that he hoped any fishing tournament we have would be for members and not open to the public.  And lastly, that the Board would support the Spencer County Emergency Services people that were on the agenda later in the meeting.

Scot Elliott was present to follow up on Carl Working’s lot in his neighborhood.  He noted that progress had been made but he remained concerned about the stability and safety of the dock.
Manager Kroeger read the following on behalf of Carl Working who was unable to attend the meeting.
Mark,
I told you that I have business in Louisville selling my home there and can not attend the meeting. I also told you that I would write some concerns that I have for the Member's Forum to be read into the recorded minutes.  First...my observations over the last few meetings suggest the following:
1) Concern with a Pres. who gives opinions as to one other gated community and extrapolates it to our situation...should he not just be presiding over the meeting?;
 
2) Pres. allowed motions, discussions and voting by a member of the board who made a commitment to not participate (when he was appointed to the board) with issues involving his payed position in security;
 
3) Committee hard work is not being taken seriously (in my opinion) and undermined along with a committee member being not allowed to discuss, refute or even bring up these issues during a regular scheduled meeting;
 
4) Members are not encouraged to participate in discussions as they come up during the regular meeting...it also stifles the appearance of community members to even attend the meetings;
5) Further Concerns when the Pres. makes "Good idea" comments to a previous board pres. and not one positive comment to others who present ideas, suggestions and recommendations...this along with his refusing to allow our community participation in the Democratic process;
 
6) The board seems to be afraid even to recommend to the City of Santa Claus (based on the positive vote of citizens to have a gate at Kaspar) to make a resolution to consider the improvements needed to help make a substantial portion of their/our city to have the ability for extending road upgrades and access to CLV.
7) This issue will end up like the issues that go to the Covenants & Restrictions Committee for over two years without even a recommendation coming back to the board to take actions...discerning issues for this long without actions will make this Village obsolete!

I am offended by the many times certain individuals have been personally singled out when while others get their say and way in the village processes if they have been on the board or have political clout with the City of Santa Claus. Even the appearance of this should be discouraged.

Lastly, I feel my time could be better served elsewhere in the larger community where feedback, opinions and advisory actions will be more appreciated and useful. Therefore I will work towards those efforts and resign for the Infrastructure Committee.


Regards, Carl R. Working

President Stillman responded:

• Brad Phillips had not voted on personnel issues and that is all he needs to abstain from
• Carl is not aware of the Town/Village background/history
• That he “knew” (was aware of) of a gated community that had done things a certain way in response to a member saying they knew of none
• That he does credit good ideas
• That the Covenants & Restrictions committee did a thorough job and that it takes a long time for such a task

MINUTES                                                                                                                       After review, Lee Powell moved to accept the minutes as presented.  Jason Alban noted that an entry under the Treasurer’s report showed that approximately 250 lots had opted for the “2 pay plan”.  It should have read that we are expecting an additional $25,000.00 in income in July from the 2 pay plan.  Lee amended his motion to accept the minutes with the revision.  Jason Alban seconded the motion which passed unanimously.
EMERGENCY SERVICES                                                                                                At this time, President Stillman changed the agenda to accommodate the Emergency Services people that were in attendance.  Jane Stout, head of the Spencer County Ambulance Service spoke regarding the pending road construction on State Route 245.  At this time, a section of highway 245 through Santa Claus is scheduled to be closed due to construction for approximately 18 months.  Neither the official nor unofficial detours provide very direct routes to the south part of Santa Claus, the golf course, or the Lamar area.  Additionally the county roads are fairly small for ambulance traffic.  Response to these areas would be greatly slowed by the detours and closings.  She asked if it would possible for county ambulances and the Santa Claus FD rescue truck to use Village roads to access the golf course and the CLV back gate for to access points south of Santa Claus.  Jane noted that she had arranged for the south county ambulance to cover more of the north county service area during this time.  She further noted that a test run had been made and the ambulance fits through the back gate.  She had also made arrangements with the golf course to have a key for their gate in case of mechanical malfunction of the CLV gate.  Extra access through the Village is expected to be minimal.
Lee Powell suggested that perhaps the county could assist financially with an upgrade of the back gate.  Those in attendance could not make such a promise.  This would have to be approached at a commissioner’s meeting.
President Stillman stated that his primary concern had also been the reliability of the back gate under life/death circumstances.  He liked her back up agreement with the golf course.  He further noted that in the spirit of public safety, time, and being a good neighbor that he supported the request.
After additional discussion, Brad Phillips moved to allow the 4 county ambulances and the Santa Claus rescue truck (these 5 vehicles would receive back gate cards) to use the back gate, if needed, for 18 months from the start date of the road construction.  The policy could be re-evaluated if necessary at that time.
Jim Davidson seconded the motion which passed unanimously.
TREASURER’S REPORT                                                                                            Treasurer Jason Alban reported that the assessment income to date is at 92% of budget for the year.  About $57,000.00 is still outstanding with nearly half of that expected from the 2 pay plan.  Operational expenses to date are about 25% of budget. He noted that $3274 that had been spent on basketball goals had errantly been shown as an expense on the park equipment line item.  This should have been showed under “unbudgeted discretionary” and will be fixed by the next meeting.  He clarified on the Monies on Hand report that accounts 3 and 4 are shown as reserve accounts.  $250,000.00 reflected in these accounts is for 2010 operational expenses, not reserve money.
Manager Kroeger gave the delinquent report.  The total amount delinquent is $289,262.00 on 330 lots.  The quantity of delinquent dollars dropped $38,000.00 from April to May, and the delinquent lots dropped from 422 to 330.  19% of the vacant lots have homes on them.  Approximately $127,000.00 is delinquent for 2010.  The bills for the second installment of the two pay plan will go out in June.  The attorney is filing suit against several accounts that did not respond to a recent demand letter.  Nine demand letters were sent to homes that were still delinquent from 2009.
Mike Robinson made a motion to direct the attorney to send demand letters to all 330 delinquent accounts.  Greg Robinson seconded the motion which passed unanimously.
There being no further questions, the financial report was approved unanimously on a motion by Jim Davidson and a second by Brad Phillips.
MANAGER’S REPORT- Manager Kroeger reported:

• That the CLV Annual Meeting will be held on Sunday, June 13th, 1:00 PM at the Recreation Center in accordance with the By-Laws.  All ballots are to be mailed or hand carried to Melvin Held’s office.  The Association is not to handle the ballots.  Manager Kroeger was directed to contact all nominees for Board seats asking them to attend the meeting as an organizational meeting of the new Board will take place immediately following the Annual Meeting.
• That he had received bids for 5 areas of drainage/ditch work.  Bobby Fuchs-No Bid, K&K Dirtworks-$9995.00, Shelton Excavating-$7300.00.  Manager Kroeger noted that all the bids were within our budget and recommended the Shelton bid.  The Shelton bid was approved on motion by Brad Phillips and a second by Rob Collins.  All voted in favor except for Jason Alban who voted no.
• That the June newsletter would be out about June 1st.  He asked about including the delinquent list.  He was directed to include the list.  He also suggested that a director was needed to write an article.  Greg Robinson will write the article.
• That PSC would be holding on open house at the CLV Rec Center from 3:00-6:00 PM on Wednesday, May 19th.  PSC would be showing the capabilities of the new fiber optic system, and answering questions about the fiber optic program from those in attendance.
• That the dam inspections are scheduled for May 19th as well.

Jim Davidson stated that he thought the Village should own a used backhoe for drainage work.  Manager Kroeger was to research this for possible inclusion in the 2011 budget.
OLD BUSINESS                                                                                                         Fishing Tournament- Parks & Recreation Committee Chair Lee Powell stated that the committee supports the idea of the fishing tournament.  It was noted that Wes Carter had done a very good job in coordinating the tournament.  Lee showed flyers and a rules sheet that had already been made up.  The tourney would be open to Village members and one guest.  The prize money would come from the entry fees and it was expected there would be money leftover for lake work or stocking fish.  Jason Alban moved to allow the fishing tourney.  Rob Collins seconded the motion which passed unanimously.  Manager Kroeger was directed to advertise the event.
Skate Board Facility- Lee Powell reported that a basketball court sized concrete skateboard slab would cost more than had been anticipated and that a fair amount of money was already scheduled to be spent on the park in 2010.  There was no support for the project at this time.                                                                                                      
Court Resurfacing Update- Manager Kroeger reported that Rudolph was expected any day to make the needed patches to the basketball and tennis courts.  Although the courts could be used almost immediately, the new asphalt patches would need to cure for about 30 days.  Toward the end of that 30 day period, the existing basketball goals would be removed and the new goals would be installed.  At the end of the 30 days, the sealing company would come in and seal, color, and stripe the courts.  Play would be prohibited for a few days while this cured.  The courts would be like brand new when the job is finished.
NEW BUSINESS
Emergency Services- See Previous
Village Perimeter- President Stillman reported that Attorney Shaneyfelt had, at the Board’s request, sent a letter to the Town of Santa Claus questioning their access to the Village for easement access etc.  This was prompted by ongoing concerns about the Paul Gogel construction project and the future of the Village perimeter in general.  The latest conversation with Mr. Shaneyfelt indicated that the Town of Santa Claus could use the right of eminent domain in order to acquire the area they wanted regardless of any legal interpretation of our legal documents. 

Jim Davidson wondered how the Town could impose eminent domain for an individual (private) project.  President Stillman explained that the Town was expanding the water and sewer for future development along that stretch, not just for the Gogel project.  Glen Peters said that the Board needs to do what is best for the community.
After some additional discussion, President Stillman moved for the Board to direct Attorney Shaneyfelt to stop action at this point.  Mike Robinson seconded the motion which passed with yes votes from Jason Alban, Lee Powell, Greg Robinson, Mike Robinson, and Jeff Stillman.  Rob Collins, Jim Davidson, and Brad Phillips abstained.
Rule Compliance- Manager Kroeger read an advisory document that he had written.
Although approximately 95% of all Association members follow the rules on an ongoing basis, there are a few who do not.  Of the few who do not, most of those will readily comply with the rule when reminded of it.  Of the small percentage that remains, fines and legal remedy are options.

When I approach someone about a compliance issue, whether by phone, letter, or e-mail, it is not unusual for me to hear that “so and so is getting away something, why are you picking on me?” 

In an effort to eliminate this perception, I am advising all members that two new compliance letters have been devised.  The first is an advisory that something is out of compliance and gives a specific amount of time to deal with the issue.  The second letter is sent if the time to address the problem comes and goes without result.  The second letter will list the daily amount of the fine and when the fine starts.  Unpaid fines are likely to increase rapidly if legal involvement becomes necessary.

Over the years, the most frequent noncompliance issues I have seen are loose or barking dogs, and parking.  The rules on both are clearly stated in the Covenants and Restrictions.
For instance, the parking rules specifically state “adequate” parking.  Adequate parking is an area that has been upgraded for parking (concrete, asphalt, gravel) and is sufficient in size to accommodate the vehicles of all the occupants of each residence.

Please be mindful of our rules.  The Covenants & Restrictions are available on our
website or from the Association office.

He further noted that he had devised two documents to be mailed to those in violation.  The first was an advisory note to be mailed to a member who was out of compliance.  The second is to be mailed if no results are seen from the first letter.  Fines are outlined and imposed with this letter.

Covenants & Restrictions- President Stillman noted that a Proposed set of Covenants and Restrictions had been submitted by the committee.  He suggested either a special meeting to discuss the contents of the document or a discussion could be opened immediately.  Jim Davidson, who is a committee member, noted that there are numerous things in the proposal for the Board to review, consider, and make a final determination of the product to be submitted to the membership.  Jim further noted that the document in hand had not been approved unanimously by the committee and that there had been disagreement on several points.  It is important to consider a document that has the best chance of being passed. 

Angela’s previous point about not taking this charge lightly was repeated.  It was decided to set up a special meeting at the organizational meeting following the Annual Meeting.

Committee Reports

Business Planning- Nothing further

Infrastructure- Chair Jim Davidson reported that the committee had a few things going i.e. the Hanning Lease and purchase negotiations.  He thought there are ways to make this a justifiable purchase-it could pay for itself in 10 years.  We are working on our portion of dam and spillway repairs/upgrades with the biennial inspection looming, and working with Russ Winkler in looking into a different method of water access, possible including a CLV drainage line, and general road access.  We are faced with ongoing issues that suggest we need to spend our money to maintain what we have rather than add a lot of new items.  Jim further noted that the committee was small and could use additional members.  Fred Kanzler was in attendance and volunteered to serve on the committee.

Nominations & Elections- Chair Mike Robinson reported that the ballots had been mailed out and that they would be delivered to the annual meeting and counted there. He still needed to assemble a counting team.

Rules & Regulations- Nothing new

Personnel- Chair Rob Collins reported that long time staff member Sue Kleeman would be retiring on the 19th of May.  Manager Kroeger would be interviewing for a replacement

By-Laws- Nothing new

Parks & Recreation- Nothing further

Covenants & Restrictions- Nothing further

Prior to adjournment, Ron Smith asked the Directors to consider ways that to promote the Village.  Perhaps set up a marketing committee.  He suggested that the new Board consider promotions that would get things going in the Village.  He said things were happening outside the Village and all should be promoted together.
The meeting adjourned at 7:55 on a motion by Brad Phillips and a second by Lee Powell