(Approval pending at the November 12, 2009 meeting)

The meeting was called to order at 6 PM by Vice-President Lee Powell.  He noted that a quorum was present and that the meeting was being taped.  Present were Jason Alban, Amy Busler, Rob Collins, Jim Davidson, Lee Powell and Mike Robinson.  Absent were Judi Carter, Mark Smith, and Jeff Stillman.

There were about seven Association members present.

MEMBERS FORUM – Rob Collins spoke on behalf of Shirley Blazey.  She felt the chipping service should be free of charge since the chipper was bought with assessment dollars.  She also felt benefits were disappearing. 

MINUTES – The minutes of the September meeting were unanimously approved after a motion by Mike Robinson and a second by Jason Alban.

TREASURER’S REPORT – Treasurer Jason Alban noted that the income to date was $733,000.00.  Total operating expenses were $462,000 with approximately $272,000 of the estimated budget remaining.  The year end expenses are expected to less than budgeted.  Additional income is expected from interest and lot mowing. 

Manager Kroeger gave the delinquent report.  The delinquent amount was down slightly from last month at $148,184 on 236 lots.  32 of these lots have homes on them.  One of 7 homes that were taken to small claims court, paid prior to the court date.  We received a default judgment on 5 others and we are trying to locate one that has disappeared.  We are considering giving additional lots to Attorney Shaneyfelt for collection.  The Treasurer’s report was approved unanimously after a motion by Jim Davidson and second by Amy Busler.

MANAGER’S REPORT – Manager Kroeger:

Yard Sale recap –

1. 800 maps were printed and all were distributed. 
2. The traffic signs seem to help although they were not strictly followed by the crowd.  We will remove the signs AND the posts after the sale in the future. 
3. One mail box was knocked down but not other known incidents reported. 
4. Approximately 20 homes participated in the yard sale that had not paid their fee; 7 of them have responded. 
5. After the event clean up was good but not as good as ’08. 
6. Questioned if we could or should clamp down on early sales?  I heard some people stated as early as Wednesday. 
7. 120 homes signed up.  (128 in ‘08) 
8. One e-mail was received asking if we could go back to publishing a list of items to along with the map. 
9. The yard sale was originally approved around ’99 to be organized by members, supported by the Association.  This year the Association handled everything.

Metzger paving was awarded the road paving bid.  Work should begin in October.      

Insurance update – Three insurance companies are working on bid for 2010.  It is estimated it may increase $10,000.00 for high risk coverage based on no lifeguards on the beach.

No progress has been made on the Hanning lease.

Winter weight limits are as follows:

Provisional Vehicular Weight Restriction
Approved 4/09/2009
Effective 4/09/2009

To protect and maintain the conditions of the streets within the Village whenever the roadways by reason of deterioration, rain, snow, or other climatic conditions would be seriously damaged or destroyed and annually from January 1st to April 1st a Provisional Vehicular Weight Restriction will be placed in effect.  During such periods Christmas Lake Village shall limit the gross vehicular weight to 16,000 pounds.

Prior to the implementation of the vehicular load restrictions signs will be posted at the Main Gate and the Property Manager shall notify all active builders and other interested parties of load limits status changes. 

Furthermore, in certain cases the Provisional Vehicular Weight Restriction may apply to only individual streets or sections of streets.  In such cases the restricted area will be designated by signs and the Property Manager will assign alternate routes which the oversized vehicles are to travel to and from their destinations while in the Village during the duration of the project.

A special written exception or permit may be granted on a case by case basis by the Property Manager after receipt of a written request and a favorable review of the unusual circumstances of the request.  This temporary weight restriction waiver shall be issued to a specific vehicle for limited time frame and for a specific destination within the village.

Exceptions to this Provisional Vehicular Weight Restriction are granted to the following vehicles.

1. trash pickup vehicles;
2. school busses;
3. any vehicle while engaged in roadway or infrastructure  maintenance or repair under the direction of the Association;
4. any emergency vehicle while responding to an emergency;
5. any public utility vehicle while providing emergency service or repairs; and
6. any vehicle whose owner or operator holds a valid temporary weight restriction waiver issued for that vehicle by the Association. 

A letter with this information will be sent to active construction sites.

OLD BUSINESS

Lake Draw Down – Lee Powell read a letter setting out an agreement between the Village and the golf course regarding lake water level after the drawdown and into the irrigation season.  Discussion between the Board and members took place.  Some felt there were not enough facts.  Jim Davidson moved to rescind the September action of the lake draw down.  Rob Collins seconded the motion.  The motion carried with 4 yes votes, 1 no vote from Mike Robinson, and 1 abstention from Amy Busler.  Mike Robinson noted that rescinding an approved motion with a  smaller quorum seated was not correct.

Wildflowers – Lee Powell stated that the subject of planting wildflowers in various areas of the Village came before the Board at the September meeting.  The Board took the wildflowers under advisement at the time.   Carl Working was at hand to explain his thoughts on the wildflowers.  He suggested that wildflowers in various commons areas would reduce maintenance costs, and wear and tear on equipment.  Carl said he had access to seeds and could get volunteer planters.  He suggested two test plots (one on his vacant lot, and a small patch on common ground behind his home) to plant the flowers and leave natural.  After some discussion the Board agreed to allow Carl to try the test plots.

NEW BUSINESS

 Manager Kroeger stated “October Pranks” are not allowed!  Recent pranks have gone beyond vandalism.  There will be a police presence and that TPing and other pranks are considered criminal mischief.

Speeding Tickets – Lee Powell stated the 25MPH limit is not being followed.  Jeff Stillman had made a suggestion to the Town Council to increase a ticket from $30 to $100.  A discussion including excessive cost and police presence followed.  Rob Collins made a motion to table discussion pending conversation with the Town Council.  Amy Busler seconded the motion, which carried unanimously.

Chipper Program – The CLV chipper will make its fall round through the Village on October the 26th.  We will make but one pass on each street so your yard debris must be out NO LATER THAN 6:00AM (local) on that day.  The chipper rules and program is below.

CHRISTMAS LAKE VILLAGE
BRUSH CHIPPING PROGRAM
Approved 4/9/09
Effective 4/9/09

SERVICES

1. Two yard debris pick-ups per year- a period in the spring and fall will be specified for debris from yard maintenance. Residents will be notified on the marquee, webpage and e-mail list when we will be in each neighborhood.  For efficiency, we intend to make but one pass over the Village

1. Storm damage assistance- In order to receive storm damage assistance, you must request this service at the Association office within 48 hours of the end of the storm.  A National Weather Service Severe Storm warning or tornado warning is required for the event to qualify for storm damage assistance.

1. Christmas Trees- We will designate a drop off site in January where Christmas trees may be dropped off no later than January 31st.  Please do not leave anything but Christmas Trees.

1. Chipper Charges- There will be no charge for the first 15 minutes at your residence for debris clean up.  Each additional 15 minutes or part thereof will be charged $25.00.  Proper stacking makes the process faster.

Some information:

1. As a rule of thumb, if you can drag the limb/tree to the road, by hand, we can chip it.
2. It is easier and faster for us to chip one 15’ long branch than three 5’ long pieces
3. The butt ends must be toward the road.
4. The maximum stack height is 4’.
5. All refuse must be within 4’ of the road’s edge.
6. The maximum size will be 6” in diameter
7. Place your debris in front of your house.
8. Keep refuse away from roadside structures i.e. mailboxes etc
9. Unless you specifically request us to leave the chips at your house, we will take them away.
10. We do not anticipate designating a central drop point (except for Christmas trees). 
11. This service is for yard maintenance and storm damage only.  It is not intended for lot clearing, contractor refuse, or discarded landscaping materials.
12. Road clearing will receive storm damage priority. 
13. We will only chip natural plant matter.

One of the primary uses for the chipper is Right of Way maintenance.  Seeing the chipper in use does not necessarily mean that we are picking up from residences.

2010 ASSESSMENT – The committee has been working on the 2010 budget.  There was much discussion about the 2010 assessment amount.  Alban made a motion to increase the amount by 3.4% to $380.00.  There was no second.  Jim Davidson made a motion to increase the full 5%.  Powell seconded the motion.  The motion failed with 3 yes votes from Davidson, Powell and Alban and 3 no votes from Busler, Collins and Robinson.  Mike Robinson moved to make no increase, with a second from Busler.  The votes was three in favor (Busler, Collins and Robinson) and three no votes (Davidson, Powell and Alban).  The subject was referred back to the committee.

COMMITTEE REPORTS
Business Planning- Chair Jason Alban reminded the Board that $35,000 from the Capital Improvement Fund had been approved for use toward the 2009 road paving expenses.  He suggested that we would be better off to use $33,000 from the Unbudgeted Discretionary line item as it is fluid dollars, and moved for the Board to approve this change.  It was noted that road work is one of the discretionary items.  At this time, the committee thinks this is the best use of the money.  Jim Davidson seconded the motion which passed unanimously.

Alban then reported that Manager Kroeger had spoken with Attorney Bill Shaneyfelt about contract sales of the CLV lots.  He advises that defaulting on a contract sale would require a foreclosure which is quite cumbersome.  He thought that a lease w/purchase option would be better.  Then, in case of default we would be looking at an eviction rather than a foreclosure.  Alban then moved to accept the following lease/purchase plan to replace the previously approved contract sales plan.

Land lease/purchase option of lots owned by the Association:

The terms for a "Privilege"* lot are $1.00 + annual assessment + county taxes + TSC vacant sewer PER YEAR, for 5 years on a lease/purchase option basis.  The final buy out to be $100.00.  The purchaser can return the lot anytime during the term of the contract with no penalty.  The contract can be bought out for $100 prior to the end of the lease if a residence has been completed on the lot.  None of the lease payments accrue to the sales price.

The terms for a "Buildable"* lot are $10.00 + annual assessment + county taxes + TSC vacant sewer PER YEAR, for ten years on a lease/purchase option basis.  The final buy out to be $1000.00.The purchaser can return the lot anytime during the term of the contract with no penalty.  The contract can be bought out for $100 prior to the end of the contract if a residence has been completed on the lot.  None of the lease payments accrue to the sales price.

*Privilege and Buildable are terms designated by and at the discretion of the Association.

The Association will execute and record a deed to transfer ownership of the lot at the end of the lease term, or by buyout as described.

The first installment is due when the contract is written with all costs prorated and/or projected as necessary.  The remaining payments will be due on January 1st of each year of the contract, except that the annual assessment portion of the payment may be split into two installments under an optional plan offered to all members.  The Association will forward payment of the taxes and sewer fees appropriately and when due, and any shortfall due to changes in assessed value or sewer rate shall be the responsibility of the purchaser reimbursable back to the Association upon such notice given.

Payments are to be received no later than 60 days from the due date or the contract will be in default and the Association will have the remedy of canceling the contract.

It is also stipulated that if the purchaser should wish to sell the remaining lease to another party, purchaser will pay to the Association an amount equal to the remaining number of annual assessments projected to be due under the term of the contract times one half of the annual assessment amount then in effect.

The motion was seconded by Jim Davidson and approved unanimously

Alban, noting that we are getting nowhere in our negotiations, moved to discontinue pursuing a purchase of the Hanning property we have been leasing at the lease end next spring.  The motion passed unanimously after a second by Mike Robinson.

Infrastructure – Chair Jim Davidson reported that we are working on the engineer’s inspection report on Holly Dam and we are getting deeper in engineering requests.  We are working on this with the engineer and the DNR.  Although we are trying to get the job done, we are in a holding pattern at the moment.

Nominating and Election Committee – Chair Mike Robinson said that the committee would start in earnest in April, but they would be happy to accept names of candidates now.

Rules and Regulations – Nothing at this time

Personnel – Nothing at this time

By-Laws – Nothing at this time

Parks & Recreation – Chair Lee Powell suggested that we look into some sort of vandal proof toilets (concrete) at Holly Park to discourage vandals.

Covenants & Restrictions – The committee met earlier in the week.  The next meeting is pending.

There being no further business, the meeting adjourned at 8:00 PM on a motion by Mike Robinson and a second by Amy Busler.