The meeting was called to order at 6:02 by President Don Vogel.  He noted that a quorum was present and that the meeting was being taped.

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

9 Association members were in attendance.

OWNER’S FORUM- Jan Braun was present to discuss a euchre night at the Rec Center.  He thought that the Rec Center building should be available to all members for such a function at no charge.  He stated that the euchre players would clean up after their use and would not damage the facility.  Jeff Stillman responded that a specific euchre night would be a private party, and that a game night open to all could be free.  The Board was to consider Jan’s request later in the meeting.

Chad Bailey appeared to remind the Board about his drainage issues and to find out about the latest activities in that area.  He showed the new directors some photos and stated that he wanted the Board to do something.

Fred Kanzler was on hand to offer his thoughts on the recent discussions about a special assessment.  He said that any special assessments should go to all property owners, not just residences.

Carol Burnette advised the Board that the surface on the tennis courts was deteriorating and needed attention.

MINUTES- After review, the minutes from the July ’08 meeting were unanimously approved on a motion by Jeff Stillman and a second by Jim Davidson.

TREASURER’S REPORT- Treasurer Jim Davidson reported that the maintenance fees received to date in ’08 were at 95% of forecast.  We were slightly in excess of 100% of budget in 2006 and 2007.  This is a serious concern as this 5% represents a $35-40,000.00 budget shortfall for the year.  Further, we have limited resources from which to
draw.  We may have to reduce road work and/or ditch work.

He noted that the business planning committee had been working on a new collection “pilot program” that would be discussed later in the meeting.  The program is to consist of small claims and possibly trial court.

Manager Kroeger was asked to “pinch the dollar bill” knowing that a better solution was required.

Yearly expenses are in line to date with the exception of the FICA line item on the Administration budget.  Manager Kroeger was asked to investigate.

A $100,000.00 CD was opened for 90 days at Freedom Bank.

Manager Kroeger gave the delinquent report.  He noted what appeared to be a mistake in the July report for the total delinquency of accounts between $600-$1000.00.  After adjusting this, and accounting for the improvement in the “under $600.00” column, the total delinquent amount remains at about $107,000.00 on 231 lots.  38 of the 231 delinquent lots have residences on them.  This is a 1% improvement since last month at 16%, but still about 3% higher than is typical.  The collection agency returned about $400.00 to the Association in July.

There being no questions, the Treasurer’s Report was unanimously approved on a motion by Jeff Stillman and a second by Gene Allen.

MANAGER’S REPORT-
Town of Santa Claus Update-

Town of Santa Claus
Council Meeting
8/11/08

The Town Council:

• Approved the first reading of the 2009 budget.  There were no public comments.
• Approved 3 sets of minutes with one change.
• Asked the Parks and Rec Dept. to look into recycling of plastic bottles at Yellig Park
• Heard that 13 inspections were made and that no new home permits were issued
• Approved the police chief to hire two reserve officers, pending background checks, to replace two officers that left
• Directed the street superintendent to take the necessary steps to prohibit parking on the south side of White Pine and Red Spruce Drives in the Cedar Crest Subdivision (duplexes) and mark the 25’ radius on each corner.  This is primarily to accommodate emergency vehicles.
• Approved Russ Luthy and Kevin Burke, and possibly others to draft a document outlining parameters of Town street repairs.
• Awarded a bid to Hunter Asphalt to patch 8 areas around the Town-5 in CLV
• Learned that all the permits are in place to extend Hwy 162 south to the south  Holiday World parking lot
• Heard 15.2 million gallons of sewage were treated and 2.8” of rain fell in July
• Approved the use of Town rights-of-way to replace a 12” water main from Patoka
• Approved 4 salary increases
• Approved an ordinance amending the summer sewage credit months to include June
• Discussed new IRS regulation regarding cell phone use.
• Approved a resolution to allow the water works board to move ahead with the water project.  Bids are expected in September.
• Agreed to set a public hearing to discuss vacating an old street
• Approved a $785.01 write off of delinquent utility accounts
• Was advised that committee work for the 2010 census would begin in September
• The meeting adjourned at 6:40 PM

The Police report showed that:

• 6 traffic citations had been written in the Village while 14 had been written in the Town.
• The police department assisted in 6 medical emergencies.  Manager Kroeger noted that as first responder this assistance is much appreciated as this sort of assistance of frequently limited during the day time hours.
• The police responded to 22 disturbances
• The police assisted 6 motorists.
• The police had responded to 5 theft reports in the Village.  Manager Kroeger suggested that it was time to see a better response to the efforts to start Neighborhood Watch programs in the Village.

Manager Kroeger further noted that:

• The new motor at the outgoing back gate had been installed and that the gate would be operational on Friday the 15th.
• He had been advised by our de-icing salt provider that they would NOT be able to supply road salt for this winter.  He explained that we had only about 20 tons on hand and that he had called three other suppliers received the same information.  He was hesitant to proceed into Canada for the salt.  It was suggested that he check with the Town of Santa Claus, and look into the possibility of fly ash, or salt/beet brine to help with the snow. 
• He had prepared an abbreviated compilation of the dam report.  This was passed to the directors for review.  He advised the Board that some things we could do in-house, and some would have to involve others.  He also reported that some of the items had been on the 2006 inspection report for repair and were still awaiting attention.  He opined that it was very important to have this work completed.  He also suggested a meeting with all parties to ascertain ownership and responsibility for the various facets of the dam system.
• The Spencer County Commissioner’s Sale of about 3 dozen CLV lots would be held on-line between 8:00 AM on September 11th through 8:00 PM on September 22nd.  He did not yet have the address of the web site.
• He submitted bids for three culvert repairs.  Jeff Stillman moved to accept the low bid that had been submitted by Shelton Excavating.  Jim Hicks seconded the motion which passed unanimously.
• He expected road repair bids by the September meeting.
• 95 homes were currently signed up for the CLV yard sale.  He thanked the Board on behalf of the committee for allowing the sale and for changing the date.

OLD BUSINESS

CLV Yard Sale Date- Due to conflicts it was advisable to change the yard sale date from August 16th to August the 23rd.  The change was unanimously approved after a motion by Jeff Stillman and a second by Gene Allen.

Trash Pick Up Service- President Vogel explained that we had been researching the possibility of contracting a trash pick up service for the Village.  The advantages being that each end of the Village would only see one trash truck per week, that trash receptacles would only be street side one day a week, and that we would help save our roads from the impact caused by these heavy trucks.  Manager Kroeger noted that he had spoken with Attorney Bill Shaneyfelt who said that we would have to make some special rules in order to proceed with this program.  President Vogel read the proposed contract and a letter from Veolia representative John Pierson.  Manager Kroeger had invited representatives from Hoosier and Veolia, but neither attended the meeting personally.  Jeff Stillman reminded the Board that the Town of Santa Claus had a 24 hour street side trash receptacle ordinance which could be enforced.  Generally trash would need to be placed on one designated side of the street to allow for but one truck pass to pick up the trash.  President Vogel and Manager Kroeger were asked to take the next steps in this process.

Rec Center Update- Manager Kroeger reported that he had contacted two more engineers to design a “fix” for the bowing Rec Center wall.  One had stated by phone that it would probably run in the $1500.00 range for the inspection and design.  A third engineer who lived in the Village had reviewed Rec Center drawings but had yet to tour the building.  Retired engineer Jim Davidson stated that the Rec Center could and should last a long time just the way it is.  He strongly suggested that we do this project ourselves with cross ties, gussets etc.  He volunteered to oversee and spec the project.  Jim Hicks suggested that we follow up with the engineers we had already contacted.  Lee Powell questioned liability issues.  After some discussion, Rob Collins moved to allow Jim Davidson to draw up some plans and submit them to the board to review at the September meeting.  The motion was unanimously approved after a second by Gene Allen.

Collections- Treasurer Jim Davidson proposed, on behalf of the business planning committee, that we send 20 delinquent accounts to our attorney for collection.  The program would include a demand letter from the attorney followed by small claims court as necessary.  At some point, some of these delinquencies could move on to trial court for violation of Covenants & Restrictions.  We would watch the small claims proceedings with the intent of doing this on our own at some point.  The 20 accounts were to consist of 10 vacant lots, and 10 residences picked at random from the delinquent list.  Manager Kroeger noted that he had spoken with Director Angela Vanover earlier in the day.  She had asked him, in her absence, to simply suggest that we start with the 20 largest accounts regardless if the lots were vacant or improved.  Manager Kroeger was directed to add this information to the September newsletter.
Jeff Stillman made a motion to proceed with the plan targeting the 20 largest delinquent amounts.  Lee Powell seconded which passed unanimously.

Load Limits/Building Deposits- Also on behalf of the business planning committee, Jim Davidson advised the Board that the company that made the recent road bores and evaluations on Village roads did not make a recommendation on how we might want to restrict weight limits within the Village, although vehicle weight is a factor in road decay.  Reducing load weight increases the volume of trucks needed to make the required delivery.  Approximately 50% of  the load is in the vehicle itself.  He suggested to allow the load limits to stay as is, but to asked the Rules & Regs committee to consider including a new building deposit structure for the building rules.

The Engineer from the boring company also suggested that we should reduce the weight on our roads during the wet season.  It was suggested to follow the county guidelines when they make weight restrictions. 

Jim Davidson also suggested that we purchase a video recorder so that we can “tape” road conditions in the area of new construction for “before and after” viewing.

The Rules & Regs committee was requested to prepare revised building guidelines by the October meeting.

Jim Davidson read the deposit recommendations as follows:
Due to the major damage that the heavy truck loads of construction material and equipment the following suggested changes to the deposits fees and disclaimer section of the Architectural Control and Building Regulations, page 10 is suggested:
 
Dwellings up to and including 2,000 square feet will require a $3,500 deposit. If no visible damage has been done to the roads or drainage and the construction has been completed in the allocated time $1,400 of the deposit will be returned to the builder and $2,100 will be retained for road maintenance.

Dwellings over 2,000 square feet a deposit of $1.75 per square foot 40% of which will be returned as outlined above and 60% will be retained for road maintenance.

All basements and garages will be included in the calculation to determine total square footage.

All additions to existing structures, room additions, garages, enclosing porches, and etc will require a deposit of $1.75 per square foot, 40% to be returned, subject to the same conditions, and 60% to be retained for road maintenance.

The penalty clauses contained in this section should be revised upward to reflect at least the inflation rate since they were established.

Jim Davidson then made a motion to formally pass this information on to the Rules and Regulations committee for review.  Jeff Stillman seconded the motion which was passed unanimously.

Euchre Night- After some discussion, Jeff Stillman moved to allow a game night at the Rec Center.  There was no second to the motion.  After additional discussion based on responsibilities and frequency and times of use, Jeff changed his motion to establish a pilot program starting next week, and running every other week for a game night at the Rec Center.  The Parks and Rec committee was to work out the details with Jan Braun.  The game night was to be advertised on the marquee and web site.  Jim Hicks seconded the motion which passed unanimously.

NEW BUSINESS
Drainage- President Vogel changed the order of business in order to accommodate Chad Bailey who had been waiting to discuss his drainage concerns.  Chad advised the Board that there had been a problem for several years with water crossing the road and coming down the road, inundating his yard and garage.  He wanted to know what the Association was going to do about it.  Jim Davidson responded that there are water drainage concerns here and there around the Village, on private property, easements, and rights-of-way.  He noted there were questions what our responsibilities are under existing drainage laws and opined that we have to spend our money for the benefit of many.  We need time to establish our responsibilities.  Jim Hicks think this particular situation is an Association concern.  More water will likely be flowing in this location in years to come.  This is being addressed by the Rules and Regulations committee.  After more general discussion, the subject was tabled.

Golf Course Water Pump- Manager Kroeger read a letter that he had received from Russ Winkler at the Christmas Lake Golf course.  The letter advised the Board that the golf course planned to install a floating pump in the extreme southeast corner of the lake and entrench the electrical supply and the water flow hose down the emergency spillway.  This replaced a plan to run the water hose over the dam.  It was noted that the DNR may need to approve such a modification to the spillway.  Manager Kroeger was directed to set up a meeting between the Association, the golf course, and Santa’s Land in order to establish ownership and responsibility for the components of the dam system.

Special Assessment- Jim Davidson stated his opinion that we need to move forward with preparations for an effected membership vote for a special assessment.  He thinks the special assessment should be against residences only as many vacant lots have paid for years with little or no use or benefit. 

He proposed that a special assessment, not to exceed 5 years, of $120 annually on all residences in the Village should be submitted to the property owners involved for approval. The money from this assessment should be ear marked for road maintenance and will be added to the funds allocated in future operating budgets.  Though this money would be earmarked for road work, it would not be the only money for road work.

There was some discussion and review of a program suggested by Jim Hicks that would entail a 10 year special assessment that would raise the rate to $643.00/lot.  This would provide for curbs and sidewalks for the main roads, and special storm drainage, lake dredging and other possibilities..

After additional discussion revolving around collecting delinquent assessments, polls, target amounts, use of money, and cutting corners Jeff Stillman moved to table this discussion until the October meeting.  Rob Collins seconded the motion which passed unanimously.

COMMITTEE REPORTS

Business Planning- Chair Jim Davidson stated that most of the committee work had been discussed previously in the meeting.  He thought we should explore the potential of reduce 24 hour gate coverage if we can find a good substitute.  Jeff Stillman suggested pursuing an RFID (radio frequency identification) system on all our gates, including any future Kasper gate.
Infrastructure- None
Nomination Committee- Chair Jeff Stillman noted that he had been approached by a few people asking about the possibility of running for the Board.  He reminded the members in attendance that the next openings for the Board will be for June 2009, but any member can join a standing committee at any time.
Rules and Regulations- None
Personnel Committee- Chair Jeff Stillman reported that we had once again had a rough year with lifeguards.  The committee suggested three possible options.

• Eliminate the lifeguards all together and place swim at your own risk signs at the beach as directed by our insurance company and legal counsel.
• Hire a “head” lifeguard annually to supervise the lifeguards.
• Hire an enforcement officer to enforce CLV rules and monitor the lifeguards.

There was some discussion about hours, pay, vehicles, and responsibilities for an enforcement officer.  There was some note that fines for violations would pay part of salary, and that the enforcement officer could also watch for law breaking, vandalism etc.

Jeff further noted that security at the front gate had been tightened up.  He had noted 7-8 cars lined up on occasion.

By-Laws- None
Parks & Recreation- None
Covenants & Restrictions- In the absence of chair Angela Vanover, Manager Kroeger noted that things were moving along and that the first “run through” should be completed in the next two meetings at most.  The next meeting is scheduled for August the 25th.

Board Election- President Don Vogel advised the Board that Vice President Jim Hicks had resigned his position as Vice President, though would remain on the Board for the rest of his term.  He then opened the floor for nominations for a replacement.  Jim Davidson nominated Gene Allen.  Jeff Stillman seconded the motion.  Gene respectfully declined.  Jim Hicks nominated Lee Powell.  Jeff Stillman seconded this motion.  After some discussion, Lee accepted the nomination and was acclaimed the new Vice President.

There being no further business, the meeting adjourned at 9:55 PM.