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

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

There were 9 Association members in attendance.

Don Vogel read the following statement.
On behalf of all the property owners in Christmas Lake Village, we hereby honor and celebrate on this February 12, 2009, the 200th birthday of Abraham Lincoln.  Abraham Lincoln spent the most formative years of his life, from age 7-21, on this very soil in Spencer County, Indiana.  He later became our 16th President of the United States and through his leadership in the most difficult of times became our greatest President.  In his adult years he spoke fondly of this area when he said “There I grew up.”

Christmas Lake Village Board of Directors

MEMBER’S FORUM- Bill Cherolis was present on behalf of the Optimist Club.  He requested that the Board allow the Optimists to place their sign advertising the Avenue of Flags during the week prior, and the week after Memorial Day (May 25).  He noted that the Optimists put in approximately 320 flags throughout the Village in 2008.  Jeff Stillman stated that the sign may be in violation of CLV Covenants & Restrictions.  President Vogel read that Covenant noting that it stated that no signs advertising products, services, professions, facilities or real estate were to be displayed on any Lot.  This sign did not fall under these categories and was to be placed on common ground not a Lot.  Jim Hicks made a motion to approve the request, which was seconded by Angela Vanover.  Jeff Stillman voted against the proposal, while the balance of the board voted in favor of the motion.

MINUTES- After review, Jim Hicks moved to accept the minutes from the January 2009 meeting as submitted.  The motion was unanimously approved with the exception of an abstention from Jeff Stillman who was absent at the January meeting.

TREASURER’S REPORT- Manager Kroeger gave the financial report in Jim Davidson’s absence.  He reported that as of February 7th, we had received $404,000.00 toward the ‘09 assessment budget of $666,000.00 (59%).  A year ago, we had received 56% of the ’08 assessment. A simple adjustment for the assessment increase shows that we are slightly ahead of ’08.  He said that it was too early in the year to make any sort of year end analysis, but the noted some anomalies in the budget statement.  Over $17,000.00 has already been spent for Association insurance.  This is a one time annual cost which will not have to be spent any more this year, although Directors & Officers liability insurance will still need to be paid, but is in the budget.  We have also spent $25,000.00 toward road repaving which carried over from 2008, and our salt expenditures are $16,000.00 due to the increase (triple) in salt prices.

He further reported that there was a little improvement in the delinquent report.  5 lots had paid and another $500.00 was returned to the Association from the collection agency.  11% of the delinquent lots have homes on them, which is unchanged since January.

There being no questions, Jeff Stillman moved to accept the financial report as submitted.  The motion was unanimously approved after a second by Jim Hicks.

MANAGER’S REPORT- Manager Kroeger read a letter from the Town of Santa Claus reminding all residents of the upcoming 2010 census.  Recruitment for census takers is underway at this time.  The Town is requesting that the Village appoint a representative to serve on the Town’s Complete Count Committee. 

Manager Kroeger was directed to place the information on the website and newsletter.  The representative should be ready by the end of 2009.

Manager Kroeger reported on the last two Town of Santa Claus Council Meetings.

Town of Santa Claus
Town Council
1/12/09
At the meeting the Council:

1. Re-elected Ron Smith and Kevin Burke as President and Vice President respectively.
2. Approved the minutes of the 12/29/08 meeting as amended.
3. Chose to move forward with an expanded sewer system and pump station to accommodate Santa’s Cottages.
4. Heard that construction was very slow-there were no inspections in December.
5. Approved a request for an assistant inspector to help when the inspector is other wise occupied.  A contract is to be written up.
6. Heard that the street department is working on a street light plan with Vectren.
7. Heard that there had been no problem supplying sufficient water to fight the Lake Rudolph fire
8. Was advised that a boil order after a line repair by Patoka was pending.
9. Heard that the PMR report was ordinary
10. Was advised by Town Attorney that the “shovel ready” application for the industrial park would be submitted on time.
11. Approved voiding a refund check that was never cashed.

The meeting adjourned at 6:02 PM.

Town of Santa Claus
Council Meeting
2/9/09
At the meeting the Council:

1. Approved the minutes from the January 12, 2009 meeting
2. Listened to comments from concerned citizen Harold Vore regarding water/sewer rates and service.
3. Heard from the building inspector noting that inspections were up slightly over last month.
4. Heard a request from the Town Marshal to attend a “Train the Trainer” class in Indianapolis.
5. Heard that the Fire Department had received a FEMA grant to purchase new turn out gear.  That process is currently underway.
6. Was advised that there was no news from Vectren regarding a streetlight plan.
7. Heard that the street department was looking into storm clean up assistance.
8. Was informed that several residents in Holiday Village at helped with storm clean up on their own.
9. Heard that the PMR report was normal and that the sewer plant had processed more than 3 millions gallons in the last month.
10. Was advised by the Town’s attorney that the “Shovel Ready” status at the Industrial Park was still pending.
11. Reviewed options on how to spend any stimulus money that might become available.
12. Were advised that the January water/sewer bills had been computer estimated because true readings were hampered by the storm.  Actual readings in February will correct any incorrect estimates.
13. The meeting adjourned at 6:05 PM

He further advised the Board that the Santa Claus Police Department had written one traffic citation in the Village, assisted in 5 medical emergencies, granted 13 gun permits, and responded to dog complaints, domestic issues, kids on the ice, and “shots fired” (which turned out to be firecrackers) in the Village.

Manager Kroeger stated for the record that 4 wheelers are not allowed on Village/Association property.  He noted that some fairly serious tracks were noted on the face of the big dam.  This is can lead to erosion which can be serious for a dam. 

Continuing with the Manager’s Report, Kroeger reminded the Directors that PSCI was scheduled to begin the installation of the fiber optic network in the Village with in the next couple of months.

He further noted that we are still considering a lake draw down late in the year to allow the cold weather to freeze exposed seeds that would otherwise become lake weeds next spring and compact the sediment.  There is more research to do, but we want to keep this possibility in front of the membership.  The biggest question is the likelihood that the lake will not refill in spring of 2010.  Jim Hicks suggested an open forum meeting on this subject.

Kroeger advised the Board that the March letter would be written in the next several days.  Jeff Stillman is to write the Director’s article for this issue.

He advised the Board that the Association had purchased all 34 lots on the Commissioners’ Sale last month.  The deeds are being made up.  All costs are expected to be about $22.00 per lot for all of the paperwork.  He suggested that all the lots be surveyed and marked with steel stakes.  He thought this would make selling the lots somewhat easier with the corners marked.  The cost is about $150.00/lot to do this.  Some discussion regarding these lots followed.  It was suggested that we allow some area realtors to appraise the lots for selling price and then offer a 33-50% commission to the seller.  It was further noted that some people just want to let go of their lots.  The directors were encouraged to consider ways to sell the lots for review at the March meeting.

Manager Kroeger noted some thoughts he had had on the recent wind/ice storms.  He suggested that we could spend as many as a thousand man hours on cleaning up branches and sticks.  A few days of ground assistance may not help us much, but hiring a bucket to trim broken but hanging branches would probably be beneficial.  The Association is not eligible for FEMA assistance even if the county is declared eligible.  Chipping for private parties will soon compete for our time to be spent toward care for common areas.  Lengthy discussion developed as to how far we are going in clean up efforts and that the Town should take care of it.  How would we charge appropriately for some services?  It was also noted that debris could be taken to the Chrisney refuse site. There was suggestion that we charge for this service.  Manager Kroeger was directed to devise a proposal for a new chipper program and submit it for review and discussion prior to the March meeting.  This will be an agenda item at that time.

Manager Kroeger advised the Board that through several letters and more research at the county courthouse that a member, Mary Ledger, should have been identified in the current Covenants & Restrictions as a Village “Pioneer”.  This fact had not been known until a second review of the deeds for her lot.  He said that the Covenants could not be easily changed, but that the Association can keep local records until such time as the Covenants can be amended.  Jeff Stillman moved to accept Mrs. Ledger as a First Subdivision Pioneer.  Lee Powell seconded the motion which passed unanimously.

Kroeger read a letter from member Connie Jacquith stating that in her opinion we need to spend more money on improvements and less on salaries.  She stated that she sees no evidence that we are trying to do this.  She heartily encouraged us to focus on our primary responsibility of preserving property values.  Manager Kroeger was directed to write Mrs. Jacquith and advise her of recent changes regarding staff.  Personnel Committee chair Jeff Stillman then advised the Board that we recently had had the opportunity to streamline our office staff.  For health reasons, Debbie Burkeen had advised that she would not be able to return to work for the foreseeable future.  So, Gail Chappell was moved from the office to the 3:00-11:00 guard shift as team leader.  She will continue to make the schedules and train guards.  She will also be in charge of creating a guard’s training manual.  Sue will remain in the office 4 days a week, and Gail will take care of it on Friday.  We are effectively cutting a full time salary from the budget by doing this.

OLD BUSINESS
Winter Weight Limits- Committee chair Jim Hicks asked that further discussion of the subject be tabled until the March meeting pending a February 25th meeting with Ken Mulzer Jr. to further discuss weight limits with an expert.

Festival of Lights- the Festival is on the agenda this month in case any one wants to discuss the future of the Festival.  Manager Kroeger was directed to post Festival information on the Village website and make it an agenda item for the March meeting.

NEW BUSINESS
Assessment Collections- President Vogel noted several items that had been discussed regarding the collection of delinquent assessments at a recent Business Planning Committee meeting for that particular topic.
1.  Determine if MPCS will give back with no repercussions all accounts they have not collected or are currently not working to collect for last 3 years. 
2.  Add a column on the delinquent list of the amounts these delinquent's owe that have been forwarded to collections and still not collected. 
3.  Prepare a letter or some form of communications alerting all property owners that we will soon begin publishing a list of property owners by name, lot numbers and amounts unpaid.  What does it cost us to send a complete mailing to all property owners?  Can we do it with a preaddressed single page folded and taped rather than stuffing envelopes to save labor and postage? 
4.  Set date and then publish the list of names and amounts delinquent. 
5.  Determine from either MPCS or Bill Shaneyfeld if there is anything CLV can do directly to provide the delinquencies to the 3 major credit bureaus. 
6.  Motion will be made at the next board meeting by Jeff to establish an 8% per annum late fee an all delinquent amounts due to CLV. 
7.  Immediately begin small claims filing against all delinquent lots with houses on them.  Also for property owners who have paid assessments on the lots with their house on them but failed to pay for the vacant lots they also own.
 8.  Make plans with Bill Shaneyfeld to begin to take action on unpaid assessments in the 5 county area, Spencer, Perry, Dubois, Warrick, and Vanderburgh in small claims court.  Must also include amounts currently in the hands of MPCS.  
9.  On a case by case basis arrange for owners to make multiple payments to get caught up.  Possibly set a schedule based on amounts, i.e., $350 paid in 2 or 3 payments, $700 in 3 or 4 payments, etc. Include additional handling fees for making multiple payments such as $5 per payment to cover office expenses.

At this time Jeff Stillman made a motion to charge an 8% late charge, per annum, on all fees.  Any fee that is more than 30 days past the due date will be charged 8% of the amount of the fee that is delinquent.  If the fee remains delinquent, an additional 8% of the total will be charged on each anniversary date of the original due date.  Jim Hicks seconded the motion.

The motion generated significant discussion related to the 8%, additional unpaid Village lots, the proposed new Covenants and Restrictions and whether we might be doing things “out of order”.  At this time, Jeff asked to table this motion and moved to give lot owners the option to pay the annual lot fee with two equal payments.  The payments would be due on January 1 and July 1.  A fee of $5.00 would be added to each payment for administration.  Jim Hicks seconded the motion.  Discussion on this motion centered round the idea that a $5.00 administrative fee was too low, that 6 months between payments was too long, that this idea would help bring in payments, and that this would take effect in 2010.  The vote was unanimously in favor of the motion.

Additional discussion of the first motion and current delinquent/collection procedure went on.  Eventually, a vote showed Rob Collins and Lee Powell voting against the 8% interest motion.  Jeff Stillman and Jim Hicks voted in favor while Angela Vanover abstained.  As the vote was tied, President Vogel cast a positive vote, breaking the tie and approving the motion.

There was some discussion of a prepayment discount but there was no support for this idea.

Some of the ideas and plans on the list are already in the working stages.

Beach Rules ’09- Manager Kroeger noted that a recent curveball from the insurance company had necessitated a total change in the direction of this topic.  He had envisioned asking for approval of the ’09 beach rules he had drafted, but after over a year of saying it was our call regarding lifeguards on the beach, the insurance company advised that we needed to have lifeguards.  He had spent quite a bit of time trying to reason with the carrier but they would not budge.  He noted that the Board would need to decide immediately if they would fight this or not as he would need to start hiring and training guards right away.  Lifeguards had not been budgeted for 2009, but payroll had been reduced as mentioned above.  It was suggested that he get the insurance company demand in writing.

Jeff Stillman moved to allow Manager Kroeger the authority to hire lifeguards contingent upon receiving written word to this effect from the insurance company as suggested.  Angela Vanover seconded the motion which passed unanimously.

Guard Rails- Manager Kroeger reported that he had researched guard rails for four areas of the Village of approximately 1200 total feet.  Our representative from J. H. Rudolph had given us a name of a supplier to check with.  The supplier had given a budget figure of $13.50/foot of good, used (no rust) guard rail, installed.  New product installed would run in the $20.00/foot range.  It was discussed that there had been no accidents in approximately 40 years that we do a pretty good job of keeping our roads clean.  There was no support for further inquiry into this subject.

Before going to committee reports Lee Powell suggested that the Board should consider borrowing $1.5 million to be spent on extensive road paving in the Village. 

COMMITTEE REPORTS
Business Planning- Manager Kroeger noted that two CD’s would be placed soon.  One of which would be for about 6 months to invest now some money that we will need later in the year.
Infrastructure- No
Nominations- Chair Jeff Stillman noted that the committee was getting ready for this Spring’s Board nominations.  Manager Kroeger was directed to post something to this effect on the website.
Rules & Regulations-Nothing New
Personnel- Nothing further
By-Laws- No
Covenants & Restrictions- We are expecting the proof from the attorney soon.
Parks & Recreation-None