The meeting was called to order by Vice President Lee Powell.  A quorum was present and the meeting was being taped.

Directors present were Gene Allen, Rob Collins, Jim Davidson, Jim Hicks, Harold Johnson, Lee Powell, and Angela Vanover.

Jeff Stillman and Don Vogel were absent.

Approximately 20 Association members were in attendance.

MEMBER FORUM- Don Snyder suggested to the Board that the Association can file collection suits.  We could save money by not a using an attorney for this.

Jim McCallister asked if we collect weigh tickets from trucks and thought we should have our own truck scale.  He also was of the opinion that any special assessment that might be proposed go to all the members, not just the residents.

Robert Fuller stated his concern that the Board had gotten itself into a position over recent years that required assessments to be raised.  He suggested that we need to live within our means.  He stated that we could cut back on salary expenses, questioned a special assessment, and asserted that the Board is financially irresponsible.

MINUTES- After review, Jim Davidson made a motion to accept the minutes from the October meeting as presented.  The motion was seconded by Gene Allen and approved unanimously.

TREASURER’S REPORT- Jim Davidson advised the Board that we were looking at a sizable loss ($37,000.00) at year’s end.  He noted that income was off considerably and this made up about $22,000.00 of the expected deficit.  He reminded that Board that we had spent some $35,000.00 extra on road maintenance in ’08.  He noted that Gohmann Asphalt would allow us to pay $25,000.00 of our ’08 road paving bill right after the first of the year.  He further recommended that we pull $15,000.00 from the building escrow account to be used against road repair.  This would make up the ’08 deficit.

After some discussion, Jim Davidson made a motion to defer $25,000.00 to the ’09 budget and remove $15,000.00 from the building escrow account. After additional discussion including a question asking how we could adjust the ’09 budget prior to its approval, Jim Hicks seconded the motion.  A vote showed that three directors (Allen, Davidson, and Hicks) voted for the motion and that three directors (Collins, Johnson, and Vanover) voted against the motion.  Lee Powell deferred his vote, so the motion was not approved.
Manager Kroeger gave the delinquent report.  He reported that total delinquency had improved slightly from nearly $80,000.00 in September to $78,500.00 in October.  201 lots are delinquent.  29 (14%) of these lots have residences on them.  He noted that the collection agency has filed legal collection against a large account, and that some 30 delinquent letters were sent to members in the First Subdivision.

Jim Hicks then made a motion to accept the financial report.  The motion was seconded by Gene Allen and unanimously approved.

MANAGER’S REPORT- Manager Kroeger gave the manager’s report beginning with two Town Council meeting recaps.

Town Council Report
10/13/08

• Dental and health insurance is due January 1st, the rates will be available at the November meeting of the town council. The Town insurance rates will not go up in spite of having 74 % claims last year and a 151% this year.
• Parks and recreation-it has been determined that an ordinance is not needed for the park rules. The park rules will be posted with separate signings for the ban on overnight parking. The new field will be completed the week of October 21st. The Christmas open house will be at the community center on December 18th with finger food and Chili being served. The times will be announced later, but should run approximately from 530 to 8:00 p.m.
• Planning and development-there were eight inspections and two new homes, one in CLV.
• Police department-the neighborhood watch meeting is October 28th at the Town Hall at 6:00 p.m. The Town Marshal will be going to a two day intro to burglary and robbery investigation class.
• Street Dept.-a bid in the amount of $34,450.00 was received from hunter Asphalt for sealing cracks.  This was about $30,000 too high. This is being taken under advisement.
• Utilities: waste water-some need for lift station Panel rehab to station 5 and station 1, they are both 30 years old. The costs of $12,517.75 for these panels was approved.
• Industrial park-to get the area shovel ready it will take $1600.00 for environmental with another fee for the wet land approval and this is all part of phase one.
• Second reading of ordnance 2008-05 cell phone usage
• Second reading of ordnance 2008-06 Summer water usage
• Second reading of ordnance 2008-07 vacating Evans Street.?
• There is a red flag law on that states that utility accounts must have procedures and processes in place to prevent ID theft in place by November 1st. The town's utility billing process meets these new requirements.

Jeff

At the 11/10/08 meeting the Town Council:

• Held a public hearing regarding resolutions and ordinances pertaining to water rates and charges
• Reviewed and approved minutes from 3 meetings (1- regular and 2-special)
• Learned that their employee health benefit package for 2009 would increase to approximately $9,000.00/month- a 9% increase.  The general insurance package for the Town would decrease by about $1000.00.
• Asked the insurance representative to search competitive rates for employee medical insurance
• Was advised that the Open House at the Community Center was actually on December 18th, 2008 from 5:30-7:30 PM.  An incorrect date had been previously announced.
• Heard that the building inspector had made 12 inspections and that building was very slow.
• Approved a request from the Fire Chief to solicit bids for a new fire truck.  The chief had specifications for the new truck which would run in the $265,000.00 range.  He suggested using $100,000.00 from the cumulative fund as a down payment on the truck.  The new truck would replace a 1973 pumper.  The old pumper would be sold and as much equipment as possible from that truck would be used on the new one.  A special meeting was scheduled to review the bids.
• Utility Superintendent Russ Luthy submitted a street repair policy to the council which was to become part of the standard practices.
• Luthy also suggested that the bids for street crack sealing be disregarded and new bids requested after thorough inspection of the worse spots.
• Luthy further noted that he would be working on pricing for new streetlight installation for the Town.  He was to include the Marshal and CLV in the program.
• Heard that the water plant had treated 6 million gallons in October and that 2.5” of rain had fallen.
• Tabled a “line swap” agreement with Holiday World as the details are being worked out.
• Approved two probationary raises.
• Heard that the “Shovel Ready” program at the Industrial Park is “plugging along” through engineering reports and wetland approvals.
• Approved pursuing a regulated amusement property TIF act.  Some aspects of this needed to be enacted through state legislation.
• Approved a “Red Flag” ordinance which helps maintain private customer identification information.
• Approved the low bid from Rosbottom Plumbing to replace lights in the Town Hall.
• Heard that the office would be closed on November 20th as the staff would attend a training session in Washington, IN that day.
• Heard that the Town would be accepting donations of canned and dry goods for the North Spencer  Community Action Center through the end of the year.  The council asked if Christmas Lake Village would set out a box or barrel for donations as well.
• Discussed the cell phone use issue and tax ramifications to employees.  Marshal Brown was to investigate options and plans.
• Heard that some Board vacancies would be coming in early 2009 that would need to be appointed.
• Heard a suggestion that the Town should look into formalizing some sort of  recycling plan, and that the Town should investigate having a summerfest of some sort like many other areas towns have.
• The meeting adjourned at 6:45.

Manager Kroeger further noted:

• That residential chipping was complete for the season.  Any further chipping over the winter would be Association activities on common ground.
• That leaf vacuuming had been going on recently on a “casual” basis but would be begin in earnest right away.  Leaves can go to the road’s edge for removal.  We will advertise the last date of leaf pick up as soon as that is determined.
• That the leaf vac and the chipper are not the same machine.  Please do not put sticks or branches in the leaf piles as the machine can not handle this.
• That he had been contacted by a member whose car had suffered some damage from the pavement milling in the entryway prior to receiving a patch, and wanted the Association to pay for the repair to the car.  Manager Kroeger was directed to advise the member that the Association would not pay.
• That he had received some phone calls from a company in Utah that buys lots, nation wide, at tax sales and by other means who had an interest in purchasing 4 lots that the Association owns.   Kroeger was advised to research a reasonable price on the lots.
• That we were seeing an increasing number of “drive by appraisals” by representatives of loan companies.  These appraisals consist of a photo and a street review to see if a house is occupied.  Generally the company representative does not want the homeowner to know he/she is doing this.  After some discussion it was determined that until legal action to repossess a home has been taken, that the homeowner remains our member and that they will have to approve the entry of the appraiser. 

At this time Jim Hicks moved to accept the Manager’s report.  Rob Collins seconded the motion which passed unanimously.

OLD BUSINESS
Trash Pick Up- Manager Kroeger updated the Board on the trash pick up service, explaining that bid notices had been place in several newspapers and that four bid packets had been distributed per request. Veolia Environmental Services was the only bid returned.

Lee Powell read the bid:

Veolia Environmental Services
3726 E. State Road 64
Winslow, Indiana 47598

November 4, 2008                  

Christmas Lake Properties
P. O. Box 352
Santa Claus, IN 47579

Attention:  Mr. Mark E. Kroeger

Thank you again for the opportunity to present our proposal on the waste removal services for the village. Veolia believes that service is the most important factor and hopefully you will agree.  Therefore, I wanted to outline the following services that my company, and myself, will provide to you, should you decide to move forward with Veolia Environmental Services:

• We guarantee a response within 24 hours to any special requests that you may have regarding our containers, additional containers, or extra pick-ups.

• Local Grade “A” Customer Service.  Veolia has customer service associates available to speak with you about any needs or services that you may have.  No transferring you to different people or departments.

• Account Care Program.  I will monitor your location and will make sure that all containers are in good condition and meet your personal approval. I will make visits and checks to be sure that the service remains efficient, dependable, reliable and cost effective.

Please find Veolia’s proposal enclosed.  I’m hopeful you will find our pricing and service guarantees acceptable and will decide to move forward with VES.

 If you have any questions or concerns during your decision-making process you can reach me any of the following ways:  My E-mail is john.pierson@veoliaes.com, toll free (888) 827-2565, or my cell phone is (812) 319-1747.

Sincerely,

/s/

John Pierson
Veolia Environmental Services

Veolia Environmental Services Proposes:

            Furnishing one 96 gallon waste cart for each customer.  Additional carts are available at the customer’s expense.

            Waste carts will be replaced if the physical condition deteriorates..

            Customers will be billed $14.08 per month in advance on a quarterly basis.  This price is guaranteed for one year from receipt of approved contract.

            Veolia ES will notify customers of prohibited items, size limits of bundled items, and holiday scheduling.

            Service will be provided on Tuesday and/or Wednesday if required. Holiday make up routes will occur one day late.

            Pricing for the second and third year of the contract will be limited to the reported Transportation Consume Price Index (CPI).

            Veolia ES will provide customer service problem resolution within 48 of notification.

            Veolia will make every attempt to avoid multiple passes on the same streets.  Routine route surveys will be done to ensure efficiency and compliance with established routes in the village.

            Veolia will utilize a side-loading tandem axle trash truck to better service the customers.

            Veolia will display flashing lights and employees will wear high visibility uniforms.

            Veolia will supply CLV with the tare weight of the trash hauling truck and, upon random request of CVL, obtain and submit a weight ticket immediately after leaving the Village from a CLV specified weigh facility.

            The Veolia Point of Contact for response to service issues is John Pierson or his designated representative. During normal business hours, he may be reached toll-free at (888) 827-2565.  After hours he may contacted at (812) 319-1747.

Rob Collins stated that he did not like the whole idea as it takes away the members’ choice of service.  He made a motion to reject the proposal in its entirety.  After some discussion, Angela Vanover seconded the motion that was on the table.

There was additional discussion all around with it being noted that a program such as that being discussed would help preserve our roads by limiting heavy trash trucks to one company, and would keep trash receptacle exposure at street side to a minimum.  There was also speculation that many members could save money on their trash removal services.

A vote on the motion showed Rob Collins and Angela Vanover in favor of the motion, and Gene Allen, Jim Davidson, Jim Hicks, and Harold Johnson opposed.  The motion did not pass.  Manger Kroeger was instructed to publish the “rule” and bid in the minutes and on the website.  The subject was tabled until the December meeting.  Interested parties are highly recommended to attend the December meeting to voice their opinions.

Jim Hicks read a rule that would have to be adopted by the Board prior to approving a trash pick up program as discussed.

RULE
                                                     2008-______

                        RULE LIMITING RESIDENTIAL TRASH HAULING

AND REGULATING CERTAIN COMMERCIAL VEHICLES

(HEAVY TRASH TRUCKS) ON RESIDENTIAL STREETS
                  OR PRIVATE PROPERTY IN CHRISTMAS LAKE VILLAGE

          WHEREAS, Christmas Lake Properties Association is endowed with the powers of owning, maintaining, and administering the common areas within Christmas Lake Village and is empowered to enact such rules regulating the use and enjoyment of the common areas within Christmas Lake Village as it deems necessary to secure adequate traffic safety, to lessen congestion on, along, and in the vicinity of the streets within Christmas Lake Village, to preserve the condition of public streets within Christmas Lake Village, and to adequately preserve the appearance of Christmas Lake Village; and
            WHEREAS, the Board of Directors of Christmas Lake Properties Association considers it necessary and prudent for the well being of Christmas Lake Village and its residents to limit residential trash hauling to certain days and to restrict and regulate the number of heavy trash trucks operating on the streets within Christmas Lake Village and has determined that it is in the best interest of Christmas Lake Village and its residents that residential trash hauling be prohibited on all streets within Christmas Lake Village on certain days; and that certain operators of heavy trash trucks should be specifically designated as permissible haulers.
          NOW THEREFORE, THE FOLLOWING RULE IS HEREBY ENACTED BY THE BOARD OF DIRECTORS OF CHRISTMAS LAKE PROPERTIES ASSOCIATION:
          (1)      Residential trash hauling is limited to whatever weekday or whatever two consecutive weekdays (exclusive of Monday or Friday) the Board of Directors of Christmas Lake Properties Association shall hereinafter designate.  Trash containers cannot be at curbside prior to 6:00 p.m. (CDT) on the day prior to service and trash containers must be out of street view by 6:00 p.m. (CDT) on the service day.
          (2)      No “heavy trash truck”, as defined herein, shall be parked or operated in Christmas Lake Village unless first authorized to operate as a designated provider as further specified herein.  No “heavy trash truck”, as defined herein, shall be parked or operated in Christmas Lake Village in violation of this Rule.
          General Definitions.  Generally, wherever the words set forth in this Section are used, they shall have the meaning ordinarily ascribed to them herein.
          Park - Parking.  The word "park" or "parking" shall mean the standing of a vehicle, whether occupied or not, upon a street or upon private property otherwise than temporarily for the purpose of and while actually engaged in loading and unloading trash or garbage; or in obedience to traffic regulations, traffic signs or signals; or an involun­tary stopping of the vehicle by reason of causes beyond the control of the opera­tor of the vehicle.
          Heavy Trash Truck.  The phrase "heavy trash truck" shall, for the purpose of this Rule, mean a truck used to transport and dispose of residential garbage and trash which has a total tare weight in excess of 18 tons.
          Street.  The word "street" shall mean any street, avenue, road, alley, highway, lane, path or other common area located in Christmas Lake Village, and established for the use of vehicles.
          Person.  The word "person" shall mean and include any individual, firm, co-partnership, association, or corporation.
          Operator.  The word "operator" shall mean and include the registered owner of the vehicle, every individual who shall operate a vehicle as the owner thereof, or as the agent, employee or permittee of the owner, or is in actual physical control of a vehicle.
          RESTRICTED OPERATION.  The Board of Directors reserves the right to, from time to time, solicit proposals from heavy trash truck operators and select, from those proposals, one or more operators as its designated provider for a specific term and reserves the right to limit and restrict operations by heavy trash trucks to that designated provider or those designated providers, as the case may be.  In order to limit the number of heavy trash trucks traveling upon the streets within Christmas Lake Village, Christmas Lake Properties Association does hereby limit such traffic to only those heavy trash trucks which have been approved by the Board of Directors as designated providers.  Heavy trash trucks shall only be operated on the days designated as acceptable.
            EXEMPTIONS.  (a) It shall be unlawful for heavy trash trucks not authorized as designated providers to operate upon streets within Christmas Lake Village for the purpose of picking up garbage and trash from private residences within Christmas Lake Village with the exception of any such truck actually engaged in picking up garbage or trash from a private residence within Christmas Lake Village for the sole purpose of performing under a specific written contract between the operator and a resident of Christmas Lake Village.  In order to qualify for such exemption, the written contract must have been in existence on the date upon which this Rule was adopted and, in such event, such exemption will only be for the term of such contract then existing.  (b) It shall be lawful for trucks that do not meet the definition of “heavy trash truck” as used herein to operate on streets within Christmas Lake Village while transporting or disposing of trash and garbage within Christmas Lake Village, but only on the days designated by the Board of Directors of Christmas Lake Properties Association.
          EXEMPTIONS FOR EMERGENCY VEHICLES.  The restrictions on vehicular traffic and parking as set out in this Rule shall not apply to emergency vehicles and those privately owned or owned by other providers while responding to emergency calls or otherwise engaged in emergency activities.
          OTHER VEHICLES EXCLUDED WHEN APPROVED.  The Board of Directors may, upon further consideration, exclude such other heavy commercial vehicles as it deems necessary from the operation upon its streets and roads in order to limit the wear and tear on its streets and for safety and traffic and aesthetic concerns.
          EFFECTIVE DATE.  This Rule shall be in full force and effect after adoption and will restrict and limit any residential trash hauling contracts servicing Christmas Lake Village which were entered into on or after the date this Rule was enacted.
          THE ABOVE STATED RULE WAS DULY ENACTED BY THE BOARD OF DIRECTORS on this _____ day of ________________________, 2008.

                                                          BOARD OF DIRECTORS
                                                          CHRISTMAS LAKE VILLAGE ASSOCIATION

                                                          ___________________________________
                                                          GENE ALLEN

                                                          ___________________________________
                                                          ROB COLLINS

                                                          ___________________________________
                                                          JIM DAVIDSON

                                                          ___________________________________
                                                          JIM HICKS
                                                                       
                                                                                                           
                                                                        ___________________________________
                                                          HAROLD JOHNSON

                                                          ___________________________________
                                                          LEE POWELL

                                                          ___________________________________
                                                          JEFF STILLMAN

                                                          ___________________________________
                                                          ANGELA VANOVER

                                                          ___________________________________
                                                          DON VOGEL

Special Assessment- Angela Vanover stated that the Covenants & Restrictions Committee was looking into the possibility of a two tiered rate structure (for improved and non improved lots) to be included in a new set of Covenants and Restrictions that was being drafted.  Lee Powell suggested that the idea of a special assessment should be tabled until another time.  Jim Hicks advised those in attendance that the Board could not approve such an assessment, that a membership vote would be required.  Hicks then went on to move to table the special assessment indefinitely.  The motion was seconded by Rob Collins and approved unanimously with the exception of a “no” vote from Jim Davidson.

Covenant Compliance Officer- Harold Johnson moved to remove a Covenant Compliance Officer from consideration in the 2009 budget.  Jim Davidson seconded the motion.  The motion was approved on positive votes from Rob Collins, Harold Johnson, Jim Davidson, and Angela Vanover.  Gene Allen and Jim Hicks voted against the motion.

Rec Center Roof- Prior to moving on to new business, Jim Davidson updated the Board on the raising of the Rec Center roof.  He noted that progress had been good and that he wanted to let the building rest for about a month.  He also noted that there were two ways to ultimately hold the roof/building in place.  One was to install permanent poles along the centerline of the Rec Center.  The other was to secure the rafters/trusses with steel ties.  The poles would be the cheaper of the methods.  The Board asked Jim to report back at the December meeting with approximate costs for both methods.

NEW BUSINESS

2009 Budget- Jim Davidson explained some aspects of the pending 2009 budget.  He noted that most of the items were simply continuations of existing items.  However, a new copy machine, an upstairs rest room at the rec center, tennis court repairs, a new mower, and new snow plow truck, adding up to about $93,000.00 were “discretional” items for the budget.  A proposed budget was passed out for review.  Jim noted that all of the income line items individually totaled some $764,000.00 in revenue.  He further noted that regardless of anything else that might get passed, it was necessary to approve the assessment amount for 2009.  A 5% increase would be $17.50.  Actual expenditures for 2008 and projected expenditures for 2009 were compared.

After some discussion, Jim Davidson moved to raise the 2009 annual assessment by 5% to $367.50.  The motion was seconded by Harold Johnson and passed unanimously.

After the vote, there was some discussion about road conditions and possible fixes.

Manager Kroeger was directed to speak to President Vogel about calling a special budget meeting prior to the regular December meeting.  The 2008 deficit would be discussed at the meeting as well.

Security- Manager Kroeger brought up several security-related items.

• He read an e-mail he had received.  He noted from the letter that in April of 2000, the sitting Board of Directors had voted to disallow “open” guest lists in the Village.  In the years since, some 30 open lists have found their way back in. He asked the Board if they would affirm that Board’s rule.  A motion not to allow open guest lists was unanimously approved on a motion by Angela Vanover and a second by Jim Hicks.
• He noted that his article for the December newsletter would carry information

about front gate procedures.  There was some discussion about the wording of the article.

• He noted that a gate officer’s meeting had been scheduled for the following morning.
• The Santa Claus police have been asked to watch speeding in the Village.  If you are pulled over, expect to get a ticket.

Neighborhood Watch- Manager Kroeger reported that a recent Neighborhood Watch meeting at the Town Hall had been good and was fairly well attended.  He was of the opinion that each subdivision in CLV should have at least one Neighborhood Watch Team to help keep an eye on activities.  He was asked to approach the Town Marshal to set up another informational meeting.  He asked for permission to post a Neighborhood Watch sign that he received at the meeting.  The sign was not advertising products or services and was less than 5 square feet.  The sign is to be installed near the front entry.

Festival of Lights- Manager Kroeger noted that the 2008 Festival of Lights would be held on December 13th and 14th from 5:00-9:00 PM Central Time.  Judging would be on the 12th starting about 5:00 PM.  If your house is not on the route, and you would like to be in the judging, simply call the office and the judges will look at your house.  THE ROUTE HAS CHANGED.  A map is in the office.  Manager Kroeger was to make every effort to place the map on the website.  The Rec Center will be open for cookies etc.

COMMITTEE REPORTS
Business Planning- Nothing further
Infrastructure- Nothing Further
Nomination Committee – Nothing
Rules & Regulations- Jim Hicks noted that the committee had not met, but that he would send out some information to the directors via e-mail for their review and input.
Personnel – Nothing
By Laws – Nothing
Parks & Recreation- Still accepting volunteers
Covenants & Restrictions- Chair Angela Vanover reported that the first draft of the proposed document was still with the attorney for review.  She encouraged all members of the Association to participate in the anticipated meetings and vote, noting that a small percentage can decide the outcome.

Prior to adjournment Ron Smith suggested to Jim Hicks that he might want to speak with Ken Mulzer Jr. as a resource on road weight limits, particularly during the winter.

Lee Powell thanked the directors and the member/visitors for attending the meeting which adjourned at 9:10 PM.