Christmas Lake Village
Board of Directors

Scheduled Meeting time
(2nd Thursday each month) 6pm CST

812-544-2234

• December 9, 2004 - CLV Board of Directors Meeting Minutes

• December 9, 2004 - Managers Attachment to the Meeting Minutes

• December 9, 2004 - Managers Report

• November 11, 2004 - CLV Board of Directors Meeting Minutes

• November 11, 2004 - Managers Attachment to the Meeting Minutes

• October 14, 2004 - CLV Board of Directors Meeting Minutes

• October, 14, 2004 - Managers Attachment to the Minutes

• September 9, 2004 - CLV Board of Directors Meeting Minutes

• September 9, 2004 - Managers Attachment to the Minutes

• August 17, 2004 - 2nd Special Board Meeting

• August 17, 2004 - 1st Special Board Meeting

• August 12, 2004 - CLV Board of Directors Meeting Minutes

• August 12, 2004 - Managers Attachment to the Minutes

• Engineering Study

• Drainage Update

• August 2, 2004 - Special Board Meeting

Christmas Lake Village Board of Directors Meeting

December 09, 2004

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

Present were Keith Blair, Norm Gerlach, Rose Gifford, Jo Nance, Milton Pledger, Chris Sigler, Ken Van Winkle, and Don Vogel.

Elva Scholebo was absent.

MINUTES- The minutes from the November 2004 meeting were presented for approval. Rose Gifford asked about the Association being $1500.00 over on budgeted income for 2004, but showing less total income than in 2003. It was explained that budgeted income in 2003 was different than in 2004. After receiving her answer, Rose moved to accept the minutes as presented. The minutes were passed unanimously, after a second by Chris Sigler.

OWNERS FORUM- See Manager’s Attachment

TOWN REPRESENTATIVE- See Manager’s Attachment

TREASURER’S REPORT- Manager Kroeger gave the Treasurer’s Report in Elva Scholebo’s absence. He reported that income to date was $650,542.00 compared to $658,782.00 in 2003. He noted that 2004 income to date is roughly $17,000.00 over expected income. 99% of the budgeted maintenance fee has been received. He also noted that past due maintenance fees received were more than $10,000.00 higher than budgeted.

Expenses to date in 2004 are $462,816.00 compared to $442,737.00 in 2003. The road paving bill was paid in early December so has yet to appear on the budget statement.

He gave the delinquent report:

Amount delinquent 12/2004 $148,763.00 (includes 15,128.00 Wahl)
Amount delinquent 11/2004 $160,175.00 (Includes 21,980 LILCO and Wahl)
Outstanding under $600.00 $27,733.00 (19%) (previous two years)
Outstanding $600.00-900.00 $47,635.00 (32%) reflects 3 years delinquent)
Outstanding over $1,000.00 $73,395.00 (49%) reflects in excess of three years delinquent) Includes Wahl Group $15,128.00)
Quantity of lots Delinquent 167 (171 in 11/04)

Manager Kroeger reported that the Association had negotiated an agreement with LILCO, that a check had been received, and this closed the LILCO issue. He went on to say that our attorney is searching for an attorney in Texas who will enforce our judgement against Wahl Group there.

He had also spoken with the collection agency, and was preparing to send numerous accounts to them. He was advised by the collection agency to file liens on any properties that were delinquent and under a lien provision.

Manager Kroeger then noted that he was expecting a budget excess of some $26,000.00. This was predicated on spending an additional $15,000.00 on drainage before the end of the year. He had spoken to our accountants who indicated that our tax liability on this amount was negligible. Manager Kroeger was advised to watch this closely over the next two weeks. If that amount were to increase, we need to look into buying something from the 2005 budget this year.

President Van Winkle requested that the January Delinquent Report be submitted in a graph format.

Norm Gerlach moved to accept the report as submitted. Don Vogel seconded the motion, which passed unanimously.

MANAGER’S REPORT- See Manager’s Attachment

OLD BUSINESS
Polar Shores Drainage- See Manager’s Attachment

Collection Procedures- See Manager’s Attachment

Employee Benefits- See Manager’s Attachment

Culvert Inspection Program- See Manager’s Attachment

NEW BUSINESS
Job Descriptions- On behalf of the Personnel Committee, Rose Gifford passed out copies of the proposed job descriptions for the Property Manager, Newsletter Editor, Webmaster, and Activities Director. After review, Keith Blair suggested that the Property Manager’s description should include maintaining and updating an employee manual that each employee signs. Norm Gerlach moved to adopt the descriptions including the amendment by Keith Blair. Chris Sigler seconded the motion, which passed unanimously.

COMMITTEE REPORTS
Budget Committee-none
Roads Committee-none
Nomination Committee-none
Rules and Regulations- Norm Gerlach recapped the meeting that had been held with landlords of rental homes in the Village. It had been a productive and informative meeting. Manager Kroeger had mailed a recap of the meeting to all the landlords. He was asked to e-mail the recap to the Directors for their information/review. Norm passed out a list of ideas for rules and regulations regarding rental properties. This was for informational purposes only at this time. The committee is to review the ideas for possible proposal at some time.

Norm also requested that the effective date of the revised Building Guidelines which had been approved at the November meeting for December 1, 2004, be pushed back to January 1, 2005 as the notification of change had not yet been distributed. The Board agreed to this change. A letter was to go out on December 14, 2004. Manager Kroeger was also directed to advise architect Gerald Huber of the changes.

Covenants & Restrictions- Don Vogel stated he had checked with the county attorney, discussing the need to have individual votes for the Covenants and Restrictions notarized. He reported that individual votes do not need to be notarized, just the final document. He recommends that we assemble and send a new, simplified voting/informational package to those who have not voted. Don will spearhead this effort which will begin in January 2005.

Personnel Committee- See New Business

By Laws Committee- None

The meeting adjourned at 9:20 PM on a motion by Rose Gifford and a second by Don Vogel.


Manager’s Attachment To The Minutes
12/9/04


OWNER’S FORUM- Gary Hohl and son Zach were on hand to observe the proceedings.

TOWN REPRESENTATIVE- Manager Kroeger reported on the November 15th Town Council Meeting. A representative from Perry Spencer Communications informed the Council that his company was interested in providing an agreement to supply Santa Claus with a new cable type service along with it’s telephone and internet services. The Town attorney was instructed to review the agreement.

Lisa O’Brien reported that the new siding on the Community Center was to be installed the following week. Yellig Park is shut down for the winter. She also reported that they had received a part of some requested grant money. The Park Board had decided to hold those monies and reapply in 2005.

Legal action is pending on the “log cabin” property opposite highway 162 from Holiday World.

Fire Chief Ed Hagedorn reported that Midwestern Engineers is working on a plan for a new Fire Station.

Town Marshall Joey Brown reported that he was interviewing deputies and that the county Animal Control Board was working on an animal shelter. The Town of Santa Claus has budgeted $1800.00 toward the shelter.

The Town approved a bid from Frederick’s Sheet Metal to maintain their air conditioners.

Manager Kroeger asked the council why they had picked the proposed location for the new fire station and if the Town had the ability to use the right of eminent domain. The reply was that many options were tried for ground for the fire station, and this is what was available, and that yes, the Town has the right of eminent domain.

Manager Kroeger reported to the CLV Board that approximately 25% of fire department emergencies in 2004 were in CLV.

There was some discussion on part of the CLV Board about the price of Santa Claus water/sewer service and concern voiced over the Town’s projected expenditures to bring in more water. Some debate occurred whether or not the Board, as a body, should get involved in this issue. Manager Kroeger was directed to find out term length and limits for Town Council members.

MANAGER’S REPORT
Kostuck Update- A sheriff’s sale on the house on Tinsel Circle is scheduled for January 21, 2005. The Association will be there to place a bid. Manager Kroeger read a synopsis of what we can expect in this procedure from Attorney Cissna. He was instructed to contact the attorney regards a clear title for this property.

South Melchior Culvert Replacement-We are still working with Bowen Engineering on a drainage concern on South Melchior Drive. Manager Kroeger expressed some aggravation at the delays. Three excavators had been invited to a site meeting regards this project, but only one was present. Options are still being reviewed, with the hope of bidding prior to year’s end. Bowen assures us there is no danger to the roadbed.

Leaves/IDEM- The Association vacuumed nearly 200 tons of leaves this fall. An IDEM issue regarding the collection of leaves has been resolved. The Association is exempt from registering as a composting facility.

Festival of Lights Update-Everything seems to be in order for the upcoming Festival. The Association has some new displays. Marsha Hicks has been a driving force through the CLV Garden Club, to help rejuvenate the Festival. He reported that the judging would be held on Friday, the 10th at 5:00PM. President Van Winkle requested that his home be included in the judging.

Webmaster- A webmaster has been hired to handle the Village’s Website.

Community Associations Institute- Manager Kroeger reported that he has signed up for an online course to upgrade/update his knowledge and skills.

Manager Kroeger was requested to follow up on and dates and times that the Food Network would be airing some programs which include Santa Claus. He was instructed to advertise this information on the website and marquee.

OLD BUSINESS-
Polar Shores Drainage- New options had been received from Midwestern Engineers. These were reviewed. Manager Kroeger reported that he had made some headway into the possibility of acquiring lots, but several were still unresolved. He was instructed to contact the county attorney regards the procedures required to acquire a county owned lot. He was also to draft another letter to a property owner who has not responded, sending it certified mail. He was directed to make bid sheets from the Midwestern Engineers suggestions, and send them to the directors for review. An executive meeting was scheduled for December20th at 5:00 PM.

Collection Procedures- Manager Kroeger passed out a copy of the proposed collection procedure, including action dates, for final review. After review, the Board
voiced its approval. No actual vote was taken.

Employee Benefits- At the November Board meeting, Manager Kroeger had been instructed to explore how our employee benefits compare to what is “out there”. He presented a synopsis of a report from the U.S. Department of Labor that suggested our benefits, for the most part, are comparable to the national averages. Some places we tend a little to the high end, and some places we tend a little to the low. This was an informational report. He was directed to share this information with our staff.

Culvert Inspection Program- Manager Kroeger presented the documented culvert inspection program and procedure for review. The Board was agreeable to the process, although no formal vote was taken. He was asked to post the procedure on the website and include a glossary of terms.
 

Christmas Lake Village - Board Meeting Minutes

November 11, 2004

The meeting was called to order at 6:00 PM by President Ken Van Winkle . He noted that there was a quorum, and that the meeting was being taped.

Directors present were Keith Blair, Norm Gerlach , Rose Gifford, Elva Scholebo , Ken Van Winkle , and Don Vogel.

Jo Nance , Milton Pledger , and Chris Sigler were absent.

MINUTES- The minutes from the October meeting were reviewed. Don Vogel made a motion to accept the minutes as submitted. The motion was seconded by Elva Scholebo and passed unanimously.

TREASURER'S REPORT- Elva Scholebo reported that finances looked straight forward and that there was nothing outstanding or unusual. Elva stated that year to date revenue was $635,167.00 (about $1500.00 over budgeted income) and that income to this date in 2003 was $648,400.00. Expenses were also in-line with $412,800.00 spent to date compared to $412,600.00 spent to date last year. She did note that price of the leaf vacuum was included in the “unbudgeted” accounting for maintenance. It was also noted that the road work and striping were complete and that bills for these are expected at anytime.

She submitted the delinquent report which showed:

Amount Delinquent 11/2004 $160,175.00 (Includes 21,980 Wahl & LILCO)
Amount delinquent 10/2004 $161,695.00 (Includes 21,980 Wahl & LILCO)
Outstanding under $600.00 $28,434.00 (18 %) (previous two years)
Outstanding $600.00 -$1000.00 $448,556.00 ( 30 %) (reflects 3 years delinquent)
Outstanding over $1000.00 $83,185.00 ( 52% ) (reflects in excess of three years delinquent, Includes LILCO $6852.00 and Wahl Group $15,128.00)
There being no questions, Elva moved to accept the report as submitted. This was seconded by Don Vogel and passed unanimously.

OWNERS FORUM- Nicki Nelson (See Manager's Attachment)

Wayne & Val Kessens - Attended the meeting in order to review the events that caused the delayed completion of their new Village home, and to request the refund of their deposit. They explained that their first contractor walked out on the job, and the second contractor was unable to start for nearly 6 months after that. There were several other weather and builder related delays. The house is now completely finished and fully landscaped. After listening to the situation, and asking a few questions, Don Vogel moved to refund the Kessen's refund in full. Elva Scholebo seconded the motion, which passed unanimously.

TOWN REPRESENTATIVE- See Manager's Attachment

MANAGER'S REPORT- See Manager's Attachment

OLD BUSINESS- See Manager's Attachment

NEW BUSINESS- See Manager's Attachment

RULES & REGULATIONS COMMITTEE- Norm Gerlach reported on some changes to the Building Guidelines that had been suggested by the committee since the last Board Meeting. The recommendations pertain to Covenant and Restriction building guidelines, use of vinyl siding, lawn sheds, and molded tool and toy boxes. Norm Gerlach moved to accept the new building guidelines as revised. Then, after being questioned for moving on his own document, Norm withdrew his motion. At that time, Elva Scholebo moved to accept the building guidelines as amended. Keith Blair seconded the motion. Don Vogel asked what the effective date of the new building guidelines would be. The motion was amended to designate December 1, 2004 as the effective date. At this time, the motion passed unanimously. Manager Kroeger and Norm Gerlach were to get together to create the new document and set up a meeting with CLV builders.

After a motion by Elva Scholebo , and a second by Rose Gifford, the meeting was adjourned at 9:20 PM.

Manager's Attachment To The Minutes
November 11, 2004

OWNER'S FORUM- Nicki Nelson was on and recap the Tour of Homes from the preceding Saturday. Nicki reported that approximately 400 people had taken the tour, and that there were no resident complaints that she was aware of. She thanked the Board for approving the event and the Association for loaning the use of the traffic vests and the orange directional arrows.






TOWN REPRESENTATIVE-There being no town representative, Manager Kroeger updated some items from the town meeting he had attended. The Council approved $5,000.00 to Midwestern Engineers for preliminary work on a new Fire Station which is expected to be built across from Yellig Park. The Council also approved $11,500.00 for Capital Engineers to complete a preliminary engineering report on the water field near Grandview. This is anticipation of the possibility of piping this water to Santa Claus. Bids for Air Conditioning maintenance were reviewed.

There was some concern from the CLV Board that the fire station was moving farther from the center of Town residency. Manager Kroeger was instructed to talk to the Council about this at their next meeting.

MANAGER'S REPORT- Manager Kroeger reported the following:

• Festival of Lights decorating seems to be going well. The CLV staff is involved and he has seen a lot of neighborhood work in progress as well.
• Bowen Engineering was unable to deliver a scope of work for the South Melchior Drive culverts by the meeting (11/11) but promised to have the report in our hands by 11/17. Although they did not want to bid, they offered their services in whatever other capacities we may need. Bowen says the road is NOT in danger of collapse.
• Jennifer Mayhall has been hired as the CLV Newsletter editor. Jennifer has newspaper background and is highly motivated and outgoing. She will work closely with Manager Kroeger and the Webmaster.
• He is very close to hiring a Webmaster. A second interview is scheduled for 11/12/04 AM.
• A meeting with CLV members who are also landlords for Village homes has been scheduled for the 18 th of November. All landlords have been invited to the meeting. A letter recapping the meeting will be sent to those who do not attend. The meeting was prompted by recent events that included legal action against a landlord and tenant. The Association is trying to prevent this situation in the future.
• A Christmas Bonus for employees was Ok'd .
• He had made some progress on a benchmark for employee benefits. A full report would be made at the December meeting.
• Over 100 TONS of leaves have been vacuumed so far. He went on to say that he had been contacted by an attorney saying that the Association may be in violation of some IDEM restrictions for composting facilities. He has received the IDEM application for such a facility and will submit it for approval.
• 17 names for the leaf vacuum were submitted. After some discussion and voting, “Kringle Kruncher” was declared the name of the new leaf vac . Congratulations to Jackie Miller for her entry.
• The last bit of the Kostuck situation is still up in the air. We are trying to rectify one more abnormality. Manager Kroeger expressed his frustration with this situation, in that little has changed in the last few months. He was instructed to allow the attorney 30 more days to make progress or change attorneys.

President Van Winkle asked about the situation with the driveway culvert inspections and door tags. Manager Kroeger reported that although several hundred tags could have been issued, only a few, on the very worst situations, were distributed. Some were immediately rectified. Others have been ignored to date, and a call or two was received asking questions about the situation. Although the staff had been trained on the program, it has not been documented to paper. Manager Kroeger said it would be on paper prior to the next Board meeting. Don Vogel stated that he thought that sending a few of the tags was a good test of how the program might be generally received. He also thought that the tag system could be used by all employees for any violations, not just culvert issues. Manager Kroeger said that for the time being he was using an interim tag but that he had been in contact with our printer regards an official door tag.

OLD BUSINESS

COLLECTIONS UPDATE- Manager Kroeger reported that some 58 final notices were sent to delinquent members. In the week or so since the mailing, 3 accounts had been paid, and several calls had been received saying that payment was not possible. Some callers had asked if a payment plan could be worked out. He was instructed to wait until November 22, 2004. At that time anything left unpaid, or not having an approved payment plan should be sent to the collection agency.

Manager Kroeger then asked about how to proceed in the LILCO delinquency case. A counteroffer had been received from LILCO's attorney. Manager Kroeger was instructed to contact our attorney, asking for reduced legal charges if we were to settle out of court for less than the total amount.

There has been no further information regarding the Wahl Group collection effort.

POLAR SHORES DRAINAGE UPDATE- Mike Mathias and Derek Wiggins of Midwestern Engineers were on hand to discuss, review, and explain the updated drainage survey for Polar Shores Addition. Three primary recommendations were made.
• Either increase the size of the culverts/ditches along the East side of Star Drive (lot 232 South to south side of Sleigh Bell Dr) OR obtain lots 228-231 and install a retention pond with a specifically metered release rate.

• Install an earthen swale along the east property line of lots 216-222. This swale would go around lot 216 and escape under Sleigh Bell Drive.

• Increase the quantity and size of the culverts in the area of Tinsel and Madonna allowing water under the roads rather than crossing over and inundating lot number 190.

Discussion followed about the possibility of keeping all water from the east side of Winter Dr. from being released to the west, retention ponds along Tinsel Drive, North of Madonna, moving water from the East side of Madonna Drive to the west side, and other ideas.

Mike Mathias explained how they had determined their unit pricing and that they had used INDOT rates in some applications.

Midwestern is to revisit the detention pond on Tinsel Circle question and complete a little more fine tuning and then return to the December Board meeting.

Manager Kroeger is to pursue obtaining the lots that would be required for retention ponds.

COVENANTS & RESTRICTIONS UPDATE- Don Vogel reported that, to date, he had not been able to set up a meeting with Attorney Patmore . He would try again in the coming week. Don is to report back at the December meeting.

NEW BUSINESS

BACK YARD FIRE PITS- Manager Kroeger reported that he had been advised of residents using portable back yard fire pits irresponsibly. The Board reminds all who use fire pits of any kind to use them responsibly. This includes monitoring the weather conditions and the size of the fire. Burning of trash is not allowed.

COMMITTEE REPORTS:

BUDGET-NONE
ROADS- The 2004 roadwork and striping are complete.
NOMINATIONS- None
COVENANTS & RESTRICTIONS-NONE
PERSONNEL- A meeting of the committee is scheduled for Wednesday, November 17, 2004 at 5:00 PM to review proposed job descriptions. The job descriptions to be ready by the end of the month for distribution to the directors with formal review at the December meeting.
BY-LAWS- NONE
 

Minutes Christmas Lake Village Board Of Directors
October 14, 2004

The meeting was called to order @ 6:00 PM by President Ken VanWinkle.

He noted that there was a quorum and that the meeting was being taped.

Directors present were Keith Blair, Norm Gerlach , Rose Gifford, Jo Nance , Milton Pledger , Chris Sigler , Ken VanWinkle , and Don Vogel.

Elva Scholebo was absent.

MINUTES- The minutes from the September Board Meeting were reviewed. Don Vogel moved to accept the minutes as submitted. After a second by Norm Gerlach , the minutes were unanimously approved.

TOWN REPRESENTATIVE- See Manager's Attachment

TREASURER'S REPORT- In the absence of Elva Scholebo , Manager Kroeger gave the Treasurer's Report. He noted that 2004 income to date was $626,466.00, compared to $637,000.00 last year at this time. Total expenses 2004 to date are $357,000.00 compared to $367,000.00 in 2003. We are only 1% below our budgeted income for the year. Bills for storage space renewals are out now, and we have just finished the last lot mowing for the season.

He went on to submit the Delinquent Report which showed the amount delinquent in 10/04 was 161,695.00 (includes 21,980 LILCO & Wahl )
The amount delinquent on 9/04 was 157,934 (includes 21,980 LILCO & Wahl ) The amount outstanding under $600.00 is $28,801.00 (18% of total)
The outstanding amount between $600.00 and 1000.00 is $48,556.00 (30% of total)  The amount outstanding over $1,000.00 is $84,328.00 (52% of total)  There are 171 delinquent lots (180 in 9/04)

Manager Kroeger explained that he and the office staff were handling the delinquent report in a new way. He noted that there were some discrepancies from last month, but he was confident that the current numbers were correct.

Manager Kroeger stated that the final delinquent notice had been composed and was ready to be sent out. Those not paying in 15 days would be sent to our collection agency. The Board requested that delinquent letters not go to the 1 st and 2 nd neighborhoods at this point.

The Wahl Investment delinquency trial was held in October 12 th in the Spencer Circuit Court. The Association won a default judgement for the money owed ($15,000.00). We will be trying to collect through an attorney in Texas where this company is located.

Norm Gerlach suggested that we review the disposition of monies recently deposited into a Money Market account at Old National Bank.

The Board also approved a suggestion to place a counter offer to LILCO regarding their offer to settle out of court on delinquent assessments. LILCO had offered $3000.00 to settle their account of nearly $7,000.00. The Board approved a counter offer of $4500.00 plus legal costs to date of some $2100.00. The total to be $6824.03. Manager Kroeger was directed to pass this information on to attorney Sharon Bohnenkemper .

Don Vogel's motion to accept the Treasurer's Report as submitted was seconded by Rose Gifford and passed unanimously.

OWNER'S FORUM- See Manager's Attachment

OLD BUSINESS- Collections, 1 st and 2 nd Neighborhoods. Director Keith Blair stated that he had spoken with Attorney Kevin Patmore about the possibility of meetin with the Board in Executive Session to discuss some of the issues surrounding the adoption of the proposed Covenants and Restrictions. Keith thinks that such a dialog would be beneficial. Don Vogel agreed that a meeting could be beneficial, especially as it appears that some of the sticking points are minor. Don then made a motion to hold an executive meeting with Attorney Patmore on Wednesday, October 20, 2004 at 7:00 PM pending availability of Mr. Patmore . Norm Gerlach seconded the motion. Chris Sigler wanted to know if we were giving in or compromising. The motion was passed unanimously.

Polar Shores Addition Drainage Update - Manager Kroeger reported that he had spoken to Mike Mathias of Midwestern Engineers within the last 48 hours. Mike stated that they were actively working on the report and that they had received our signal loud and clear. They were trying to complete the report prior to mid November.

Festival of Lights - Manager Kroeger noted that the activity as reported from some of the neighborhoods was very promising. Most had had two or three meetings and were actively working on new displays. There was talk about singers, carolers, and activities at the Rec Center. It was suggested that we create in/out lanes for traffic at the Rec Center. Norm Gerlach asked if there was any money to be contributed to the neighborhoods. After some discussion, Ken VanWinkle stated that he would not be in favor of charging an entry fee or giving money to neighborhoods. There was no further discussion.

NEW BUSINESS- Yard Sale Review See Manager's Attachment

Employee Benefits - See Manager's Attachment

Rules and Regulations Update - As chair of the Rules And Regulations Committee, Norm Gerlach submitted the proposed Rec Center rules for 2005. Norm stepped through the proposed changes which were in bold print on the proposal. There being no discussion, Chris Sigler moved to approve the proposed 2005 Rec Center Rules as presented. The motion passed unanimously after a 2 nd by Don Vogel. The new rules become effective January 1, 2005.

Norm Gerlach then submitted the proposed Lake Rules for 2005. Again, the proposed changes were shown in bold print. Most of the changes were accepted, but it was suggested to delete item 17 on page 6, and to increase the boat dock fee from $35.00 to $40.00. Keith Blair moved to accept the proposed lake rules as amended. The motion was seconded by Jo Nance and passed unanimously. The new lake rules will become effective January 1, 2005.

Norm then moved on to the proposed Building Guidelines. Several changes and suggestions had been proposed during their committee meeting. Some questions about the proposal were raised, and it was suggested that the proposal go back to the committee to look into these questions. This item to be included on the November agenda.

2005 Budget - The proposed budget for 2005 had been distributed to the Directors via e-mail previous to the meeting. The Directors had been invited to voice their comments or questions at the time. Don Vogel asked if there had been consideration of adding an upstairs restroom to the Recreation Center. The committee replied that the additon Don asked about would likely be budgeted in 2006. The only outstanding question was the Manager's salary. Manager Kroeger was asked to leave the room while this was discussed. After the discussion, Don Vogel moved to accept the proposed budget as submitted, with the manager's salary as discussed. Keith Blair seconded the motion, which passed unanimously. The 2005 assessment will increase only 3% ($9.00) to $302.00.

COMMITTEE REPORTS

• Budget Committee – See above

• Roads Committee – Manager Kroeger reported on behalf of the road committee. Rudolph is finishing up the 2004 road paving and repairing.

• Nomination Committee-None

• Rules and Regulations Committee- See above

• Covenants and Restrictions – None, although Don Vogel stated that he thought it would be a good idea for the manager, and at least one director to meet with Village landlords to discuss the condition of their rental properties. This will be set up.

• Personnel Committee- Rose Gifford stated that she was collecting information in order to compose a job description for the manager. This has been an on-going process. Rose went on to say that her outside time was limited and that perhaps another might want to take the chair. Jo Nance volunteered to do this. The committee was directed to compose job descriptions for the manager and the three new positions, to be distributed to the Directors at the end of November. The subject is to be an agenda item for the December meeting. The committee was urged to truly size up the position, evaluate skill sets, and define the position.



Prior to the close of the meeting, based on the concerns set forth by Village Residents during the Owners Forum portion of the meeting, Manager Kroeger was directed to start attending the Town Board Meetings on a monthly basis.

There being no further business, Chris Sigler moved to adjourn the meeting. After a second by Jo Nance , the meeting adjourned at 11:20 PM.

 

Manager's Attachment To The Minutes 10/14/04

TOWN REPRESENTATIVE- Council President Ron Smith was on hand to discuss the ongoing water project. He stated that he expected the Town to hire an engineer to inspect the Grandview Aquifer prior to the end of the month. He said the Town would be looking for grants in the amount of $50,000/year for 20 years. All the easements are in place and the town would sell the water between Grandview and here. He went on to say that Patoka had done a great job in supplying water and that a 30 year contract was still in process and that he hoped that Patoka would keep pushing the water. He thought it would take about 2 years to get on-line using EDA money, and about 18 months if we paid for it ourselves.

The regular October Town council meeting has been postponed until 10/25/04.

Deputy Joey Brown has been hired as the new Town Marshall. Joey will be hiring deputies. Norm Gerlach asked if the direction was toward having more hours on duty. President Smith responded that it gets down to numbers. We would need 6 full time officers to cover full hours.

The question was asked about what impact the newly announced expansion of Splashin ' Safari might have on the water supply. President Smith replied that Will Koch was working on options.

OWNERS FORUM- Resident Mike Vaal asked if the new leaf mulch piles would be “manned”. He was advised that the piles would not be manned and that the piles were not for general dumping. The piles would be for removing of leaf mulch only .

On a different note, Mike stated some concerns about the Town's water project. He suggested that the CLV Board and residents should be aware of water usage and the financial impact to the users. He urged the Directors to look at the numbers. He also suggested that a director or representative of the CLV Board should be present at all Town Board meetings.

Shirley Blazey was is attendance to talk about a public early warning system. This is a concern that has been presented to the Town of Santa Claus a few times since around 1998. Shirley contends that the siren in CLV across from the gatehouse gives a false sense of security. It is not a tornado siren and should not be considered as one. Shirley set up two companies to make presentations to the Town Council, who in her opinion was not very receptive. She asked the CLV Board to support her efforts. She thinks the system offered by Federal Signal is the way to go. The system was designed for emergency as well as non emergency use, and was designed to “cover” the entire Town including the local schools. Don Vogel suggested that the CLV Board pledge some money to this project over a three year period.

Norm Gerlach stated that the schools have their own internal systems.

Ken VanWinkle stated that most of the Board members were tapped out on hours for committees and asked if Shirley would be willing to head up the committee for the purpose she was suggesting. She would also seat the committee. Shirley agreed to chair the committee.

It was suggested that local businesses may want to contribute as well.

Nicki Nelson updated the Board on the upcoming Tour of Homes. She said that everything was going along well. They had decided not to sell food, but have simple complimentary cookies, coffee etc. Tickets had just gone on sale, so she did not yet have a feel on how sales were going.

Matt Sisley was present to follow up on the Polar Shores Addition Drainage Project and Report. Midwestern Engineers is working on the report, and is trying to complete it ahead of their original mid-November completion date.

As a continuation of the drainage discussion, the subject of the Culvert inspection program was raised. Manager Kroeger reported that the maintenance staff was currently inspecting culverts, including driveway culverts. President VanWinkle asked if we were leaving door tags at homes where driveway culverts needed attention. This procedure had been discussed at the September meeting. Manager Kroeger had said they wanted to finish the initial inspection tour. President VanWinkle stated the urgency of this program. Residents are to care for their own driveway culverts and road swale , ensuring they are not blocked or filled in. Manager Kroeger was directed to write up advisory tags while on site during the inspection. When the Association finds culverts that are out of compliance, we are to write a tag and leave it at the residence for repair/maintenance within 15 days. Manager Kroeger was directed to document the program, and train our maintenance staff to execute the program. No homes will be built that do not follow the swale guideline.

The CLV Covenants and Restrictions, Section 4, paragraph 4, state that “within these easements, no structure, planting, or other materials shall be placed or permitted to remain which may….obstruct or retard the flow of water through drainage channels in the easements”. And, “The easement area of each lot, and all improvements in it, shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible.” Paragraph 15, states that the Association has the right to take appropriate measures to prevent erosion and collect those costs from the owner. All swales for surface water drainage are located along the rear and side lot lines shall be preserved and not obstructed.

The above information is to be sent out on the website , the marquee, and the next newsletter.

MANAGER'S REPORT- Manager Kroeger read an e-mail he had sent to President VanWinkle in which he stated that he was feeling comfortable in hiring a webmaster and newsletter editor, within the suggested parameters, but was having some problems with the activity director. He felt there was not enough information to properly pursue this. The personnel committee was directed to write a job description for the three positions.

Director Jo Nance will sit on this committee.

Bowen Engineering had been in to inspect the culverts of concern (noted in 9/04 meeting) along South Melchior Drive. Their analysis was that the part of the culvert under the road was in good shape, but that the sections of culverts outside the roadbed were in need of attention. One immediately. Manager Kroeger said that he would have bids for this work by the November meeting.

Manager Kroeger advised the Board that all of the 14 action items from the August 2, 2004 drainage meeting had been completed with the exception of meeting with the contractors who build homes in the Village. The item is awaiting passage of the revised building guidelines before holding the meeting.

As we get closer to closing operations on the Kostuck residence on Tinsel, we find that we have run into one more barrier. Mr. Kostuck never recorded the deed in his name. So now we have a few more things to do before we can attain the property.

The road paving/repairs are about done for the year. We are in contact with a company to come and stripe the roads.

The situation with the bright light shining across Lake Holly is remedied.

Manager Kroeger showed a work estimate to the Board for a ditch repair on a member's property. The member was asking for assistance with the project. The Board replied that this work is on private property and was the member's responsibility.

Manager Kroeger also advised the Board of request for a yard shed, which had been denied, stating that the request had come from the Lakeview neighborhood and there are no Covenants there. None of the Directors changed their position.

The maintenance team is prepared to start the leaf collection the week of the October 18 th , weather permitting. He asked the Directors to advise anybody that they spoke to about this, to please rake their leaves to within six feet of the road. At this time, we do not know how long it will take to accomplish the project, so we do not have a set schedule. We will be keeping track of time spent, so we hope to be able to create a scheduled program by the spring pick up.

NEW BUSINESS- Yard Sale Review Manager Kroeger reported his personal comments on the Yard Sale. He thought things had gone well but thought that in order to improve in the future that gate helpers needed to stay longer, that the traffic control at the highway needed to start earlier, and that food being sold should be sold at the Rec Center or Holly Park. As one of the organizers, Ann Vogel reported her thoughts were similar. There was some question as to opening the sale to Village residents on Friday night, and invited guests. Manager Kroeger was instructed to start a “Yard Sale” file so that we could use this information as reference in the future.

Employee Benefits - Manager Kroeger passed out a sheet that showed company benefits supplied to full time employees. President VanWinkle directed to look at other Associations' benefits packages, and ascertain where the benchmark is, and where we stand against it. He was also instructed to look into the cost/feasibility of contracting out gate officers rather than employing them.
 

Board of Directors Meeting Minutes
September 9, 2004

President Ken Van Winkle called the meeting to order at 6:00 PM. He noted that a quorum was present and that the meeting was being taped.

Directors present were Keith Blair, Norm Gerlach , Rose Gifford, Milton Pledger , Chris Sigler , Ken Van Winkle , and Don Vogel.

MINUTES- There were five sets of minutes to approve. The minutes from the 8/12/04 regular meeting were reviewed. A motion to accept the minutes as presented was made by Elva Scholebo . These minutes were passed unanimously after a second by Norm Gerlach .

The minutes from the August 17, 2004 special meeting were reviewed. A motion to accept the minutes as presented was made by Elva Scholebo and then seconded by Don Vogel. The minutes passed unanimously.

The minutes from the August 17, 2004 special meeting, #2, were presented. Norm Gerlach moved to accept the minutes. After a second by Don Vogel, the minutes passed unanimously.

The minutes from the August 17, 2004 Executive Meeting were reviewed. The minutes were unanimously approved after a motion by Keith Blair, and a second by Don Vogel.

The minutes from the August 9, 2004 executive meeting were reviewed. Don Vogel moved to accept the minutes. Elva Scholebo seconded the motion, which was unanimously approved.

TREASURER'S REPORT- Elva Scholebo gave the treasurer's report. She noted that a CD at Old National Bank had become due. She and Manager Kroeger will handle reinvestment.

She then compared income and costs between 2003 and 2004. Income to date for 2004 is $618,000.00 compared to $628,300.00 for the same period a year ago. At this time we are only 2.5% short of our projected annual income. Expenses to date in 2004 are $322,200.00. Expenses through August of 2003 were $332,353.00.

She stated that she would like to call a meeting of the budget committee for September 23, 2004, 6:00 PM at the office. She also requested an executive meeting for September 30, 2004 to review the proposed budget prior to the next scheduled Board meeting. Committee members were to check their calendars. Elva asked Board members to submit their budget considerations.

Elva gave the delinquent report.

The amount delinquent in 9/2004 was $157,934.
The amount delinquent in 8/2004 was $160,335.
The amount outstanding under $600.00 is $30,485.00 (19% of total)
The amount outstanding under between $600.00 and $1000.00 is $47,685.00 (30% of total) The amount outstanding over $1000.00 is $79,764.00 (51% of total)
Quantity of Lots delinquent 180 (184 in 8/04)

Elva stated that since we had signed an agreement with Medical & Professional Collection Services, we should begin turning over delinquent accounts to them. She suggested that she and Manager Kroeger compose one more letter advising delinquent property owners that their account, if left unpaid, would be turned over to our collection agency.

Keith Blair stated that he thought we should be very careful in the way we handle this. He thinks there is some middle ground, particularly with regards to neighborhoods one and two.

Chris Sigler stated adamantly that he thought letters should go to all accounts delinquent over one year, regardless of neighborhood.

It was decided that Mark and Elva would compose the letter to be sent to delinquent accounts other than the first and second neighborhoods. That discussion is to be continued at the October meeting.

Norm Gerlach moved to accept the Treasurer's Report as submitted. After a second by Milton Pledger , the report was unanimously approved.

OWNERS FORUM- See Manager's Attachment

TOWN REPRESENTATIVE- See Manager's Attachment

OLD BUSINESS- Covenants & Restrictions Update- Don Vogel updated the Board on the progress of the Covenants and Restrictions voting. He stated that the committee had had two meetings and a “call-a- thon ” in order to pursue votes. He went on to say that personal contact was productive and that in excess of 40 affirmative votes had been received in just a few days. We currently have well over 500 affirmative votes. He suggested that our goal should be at least 1000 votes. 950 votes is the minimum required. Don reported that CLV owns 6 lots that could be voted. He then made a motion that the Board vote these six CLV lots in the affirmative to amend the Covenants and Restrictions. Milton Pledger seconded the motion. The vote showed seven “ayes” and one abstention by Norm Gerlach . Manager Kroeger was directed to contact our insurance company about setting up Keith Blair, Milton Pledger , Elva Scholebo , and Ken Van Winkle as Notaries.

Don said that another “call-a- thon ” was scheduled for Tuesday, September 14, 2004 from 6:00-8:00PM.

Polar Shores Drainage Update- See Manager's Attachment

NEW BUSINESS- Activities Director- See Manager's Attachment

Culvert Inspection Program- See Manager's Attachment

South Melchior Culverts- Manager Kroeger reported that 3 medium to large concrete culverts under South Melchior Drive were in need of replacement. He stated that there was some concern for integrity of the road based on visible evidence. There was some question as to the condition of the roadbed because video review had been inconclusive. He went on to say that he had obtained two bids to replace these culverts by boring in replacement culverts rather than excavating and replacing the existing. This method was suggested due to the depth of the culverts and amount of time the road would be closed from open excavation. After discussion, Elva moved to accept the lower bid and proceed with the work. After additional discussion, it was decided, because the condition of the roadbed is in question, that we hire an engineer to review the road situation prior to proceeding with the work. Elva withdrew her motion and Manager Kroeger was directed to hire an engineer to give a professional assessment.

Replacement Director- President Van Winkle read off the names of the seven applicants for the CLV Board position and passed around the resumes. The applicants were Shirley Blazey , Ray Justak , Jo Nance , Rex Stevens, Ted Swartzbaugh , Mike Vaal , and Steve Webb. Each applicant was discussed and it was suggested by Don Vogel that perhaps we should look at specific areas to help ensure representation. Rose stated she would vote for the best candidate regardless of where they live. President Van Winkle asked if perhaps a special meeting was in order to handle this appointment. After additional discussion and last thoughts, Elva Scholebo moved to appoint Jo Nance to the Board in Philip Koch's position. This was seconded by Chris Sigler and unanimously approved. Manager Kroeger was instructed to write a letter to all the applicants informing them of this decision, thanking them for applying, and encouraging them to run for a Board seat next June.

COMMITTEE REPORTS- Elva Scholebo asked the Budget Committee to meet to review a draft of the budget on September 23 rd , followed by an executive meeting to review the committee's proposal on the 30 th of September.

Roads Committee- Manager Kroeger reported that he had two bids for road repair for this fall. The bid process was handled a little differently this time in that we considered unit pricing rather than pricing for specific locations. Rudolph submitted the best price and their work is a known quantity. Rose Gifford moved to accept the Rudolph bid as submitted. Elva Scholebo seconded the motion. Don Vogel asked about the criteria for setting priorities. Manager Kroeger explained that the three priorities were condition of road, degree of use of the road, and to some degree, the location of the road. The motion then passed unanimously.

Nominating Committee- Norm Gerlach offered to take the chair of this committee.

Rules and Regulations- Norm Gerlach stated that he needed one more person to sit on the committee and would approach Ted Swartzbaugh about this. A meeting was scheduled for September 13 th , 2004.

Covenants and Restrictions – Updated earlier in the meeting.

Personnel Committee- Rose Gifford stated that she had sent out a questionnaire asking for the Board's input as to the duties of the Manager. She had not received much response, so she was going to send it out again. She said she would schedule a meeting soon. President Van Winkle repeated his concern that our employees do not have a list of skill sets or job descriptions. The job descriptions are to start with the manager.

By-Laws Committee- Is not actively sitting at this time.

There being no further business, the meeting was adjourned at 10:30PM on a motion by Elva Scholebo and a second by Chris Sigler .

Respectfully Submitted,

Ken Van Winkle /President
Christmas Lake Village
Board of Directors

Manager's Attachment To The Minutes
September 9, 2004

OWNERS FORUM- Ted Swartzbaugh was present and stated, that in his opinion, the utility companies and housing contractors that work in the Village do not always adequately repair road cuts and/or excavation. After some discussion about this problem, it was decided that Don Vogel and Manager Kroeger would draft a letter to these companies advising them that they would need to request a permit anytime that a road was to be cut. There would be set standards for the quality and appearance of the road repair.

Nicki Nelson was on hand to present the monthly update on the Tour of Homes. Nicki stated that they would have someone at the gate to assist the gate officer in taking down license plate numbers, particularly in the early part of the day. She said that she did not think that there would be a huge rush of people at the opening of the tour as there is with the garage sale. She also stated that there would be at least one person at each home to assist with parking and courtesy. She passed out a tri -fold advertising sheet for the event announcing that tickets would go on sale October 4 th , 2004. Visitors are to show their Tour of Homes ticket to the gate officer for entry. Keith Blair suggested a courtesy call to neighbors of the houses on the tour advising them of the event. On the tour are the Rich & Debbie Kasten home, Doug and Lori Collins home, Dave & Deann Siegel home, Ed & Joe Ann Rinehart home, and the Ken & Camy Pruss home. All CLV members are invited to call Nicki Nelson at 544-2550 for tickets or general information.

TOWN REPRESENTATIVE- Manager Kroeger reported that he had spoken to Town Board President Ron Smith about a Town Representative to attend CLV Board meetings. Ron had indicated that the Council members would start attending on a rotating basis beginning in October. There was no report from the Town for September. The Board suggested to Manager Kroeger that he approach President Smith and ask if the Town Council would like for CLV to send a representative to their meetings.

MANAGER'S REPORT-

• New landscaping around the empty planting areas at the gatehouse is scheduled to be installed on September 21 st by the CLV Garden Club and members of our maintenance staff.

• Regarding the Kostuck situation on Tinsel Drive, we are now in a position to request the sale of the property into third party hands by way of a Sheriff's sale.

• Our attorney advises us that we should not request residents to remove any campaign signs that are under 5 square feet in size.

• The lake patrolman and as many as three lifeguards will not be back next summer. We will be recruiting new lifeguards and a lake patrolman early in 2005.

• The paperwork for legal action against landlord Ralph Wessell and tenant Helen DuPont has been filed with the court. This particular property has been the subject of much attention for the last several months.

• Per direction of the Board, Manager Kroeger wrote a letter to the primary parties that are involved on the dusk-to-dawn light issue on Lake Holly. The letter asked the parties to make every effort to work on a neighborly solution. A solution is actively being pursued.

• Bids to install a new roof on the Shelter house at Holly Park were presented. President Van Winkle suggested that rather than simply replace the roof, we should consider a “makeover” for the shelter house. It was decided that a newly packaged shelter house was to be investigated by the budget committee.

Ron Smith had talked to three Board members regarding some building deposits that were being withheld. The Board members had toured the sites with Smith to review the situation. Manager Kroeger asked for their assessment. After their report, and some discussion, it was decided to retain the deposit on the Smith built home on Rudolph Lane, to ask Smith Homes to dig the road swale at the Nelson home 2-3” deeper, dropping the drain accordingly, and to ask Smith Homes to remove the yard culvert at the new construction on Star Drive, leaving an open, mowable ditch. This ditch to help prevent heavy rain runoff from crossing Star Drive.

President Van Winkle stated that he thought that the CLV Website was stagnant and not well maintained, and that the CLV Newsletter was not being distributed as decided and that some of the departments that were to have been in the newsletter, have not been there. A list of newcomers is needed as well a list of local services to assist newcomers to find the things they need. He questioned whether our office staff had the skill sets to maintain a web site and a newsletter. He stated that we needed a webmaster, and a newsletter editor. Manager Kroeger was directed to put this information on the marquee, web site, and upcoming newsletter.

Don Vogel suggested that we need to develop a proactive program for street lights, identify dump sites for leaves that will be picked up this fall, clean up and organize a storage area for Festival of Lights displays, and purchase new signs for Holly Park. (Note: the signs have been purchased already)

POLAR SHORES UPDATE- Manager Kroeger reported that a walk through of the Polar Shores Addition neighborhood was held on August 2, 2004. Two representatives from Midwestern Engineers, some Directors, Ted Swartzbaugh , and several neighborhood residents attended. Manager Kroeger had spoken with Midwestern Engineers who had indicated that they thought the walk through was very good, that Midwestern knew what we wanted, and that the ball was in their court. They were not waiting for us to do anything at this time. Midwestern will try to complete the survey prior to their expected completion date of mid November. During subsequent discussion of this issue, Manager Kroeger was reminded of the 14 action items related to this and directed to forward an update to the Board. Norm Gerlach noted that holding a meeting with homebuilders should wait until after the Rules and Regulations Committee meets and any proposed changes are approved. It was further suggested that we could begin watching and reviewing culverts immediately, apart from the Culvert Inspection Program, and begin work on obvious violations/problems.

ACTIVITY DIRECTOR- This subject had been last visited at the December 2003 meeting. A notice had appeared in the newsletter subsequent to that meeting stating that we were pursuing interested parties. Virtually no response was forthcoming. However, during discussion, it became evident that there is a feeling that an activities director would help revive the feeling of community in the Village, and that the general view was that an activities director was a good thing. There was questions as to how an activities director might operate…pursue on a “per event” basis, or perhaps a part time employee. President Van Winkle stated this was another situation for the Personnel Committee to develop a skill set and the roll of new positions. The question of hiring was ultimately left in the hands of the budget committee, which was to look into placing this position into the 2005 budget package.

CULVERT INSPECTION PROGRAM- Manager Kroeger outlined the proposed culvert inspection program. The program calls for periodic culvert inspections, up to four times a year, plus routine viewing, and in some cases, inspection before, during, and after rain events. All culverts on Association owned and privately owned property, have been cataloged for this purpose. A spreadsheet shows the size, type and frequency of inspection. Corresponding maps show the location of each culvert. The CLV maintenance staff will facilitate these inspections beginning in October of this year. The goal of this ongoing project is to maintain adequate water flow through all Village culverts. It was suggested that as crews are making these inspections, they should have a form letter, or a door tag, that they can leave at the site of private culverts that need improvement. The resident/member, after making the repair, contacts the office to inspect and sign off that the work has been done. For example, a house on the corner of Winter and Sleigh Bell has landscaping that is growing over each end of the driveway culvert. This impedes the flow of water in and out of the culvert. This needs to be trimmed and maintained. This is a meticulous program to enhance our community and promote proper drainage in all areas.

Christmas Lake Village Board of Directors
Special Meeting August 17, 2004

Ken Van Winkle called the meeting to order at 5:30 PM. He noted that a quorum was present, and because this was to be a walking tour of parts of the Polar Shores Addition, the meeting was not taped.

D irectors present were Keith Blair, Norm Gerlach , Rose Gifford, Elva Scholebo , Ken Van Winkle , and Don Vogel.

Philip Koch, Milton Pledger , and Chris Sigler were absent.

Members present were Chad Bailey, Matt Sisley , Ted Swartzbaugh , and Emerson Tornatta .

The purpose of the meeting was to walk the effected area and to look at swales , culverts, and any other items that may be adding to the drainage concerns in that area.

There were several examples (Rosbottom, Winkler, Koch, Vinson, and Wahl ) of culverts being installed in yards, and inadequate swales left to catch yard runoff, allowing water to run across the road. In many cases, this water ran directly to the high water areas.

The directors looked at the situation and asked numerous questions about swales , culverts, ditches etc.

Some of the highlights, conclusions, and ideas of the walk through included:

• Divert to, and keep water on the west side of Winter to that side of the street

• Keep water to the East of Star Drive on that side. This would include a continuous ditch along that entire side of the road requiring Cochenour , Smith, and Finecy to open their road ditches.

• A swale at the common property line between the lots facing Star Dr. and those facing Winter Lane is indicated.

• We need to be stringent with new construction and allow no violations of their drainage plans.

• Asking a representative of Midwestern Engineers to do a walkthrough with us (Kroeger, Swartzbaugh , 2 Directors) prior to updating the 2000 drainage study.

• Homeowners should keep their culverts clean, open, and unobstructed. The Winkler culvert at Winter & Sleigh Bell is almost completely obstructed by landscaping.

• Homeowners must have a culvert in the driveway, a road swale , and back and side swales as needed.

• We need to further pursue a solution to the Bailey situation.

• Even with the above done, how will water escape over the golf course, considering the lay of the land?

The meeting was adjourned at approximately 7:30 PM on a motion by Elva Scholebo and a second by Rose Gifford.


Respectfully Submitted

Ken Van Winkle
President, Board of Directors
Christmas Lake Village
 

Minutes Christmas Lake Village Board of Directors
August 12, 2004

CALL TO ORDER/QUORUM- The meeting was called to order by Ken Van Winkle at 6:00 PM. He noted that a quorum was present and that the meeting was being taped.

Directors present were Keith Blair, Norm Gerlach , Rose Gifford, Milton Pledger , Chris Sigler , Ken Van Winkle , and Don Vogel

Philip Koch and Elva Scholebo were absent.

MINUTES- The Board reviewed the minutes from the regular meeting in July. Don Vogel announced that the Association would not have to pay sales tax on the new leaf vacuum as reported in the minutes. At the time of the meeting, it was thought that we would need to pay this tax. Rose Gifford moved to accept the minutes as presented. Don Vogel seconded the motion which was unanimously approved.

The Board then reviewed the minutes from the special meeting that was held 8/2/04. After review, Don Vogel moved to accept the minutes as submitted. Keith Blair seconded the motion which passed unanimously.

TREASURER'S REPORT- Manager Kroeger gave the Treasurer's Report. He noted that $550,567.00 (99%) of the budgeted income from maintenance fees had been received. This compared to 98% in budgeted income at this time a year ago. He reported that miscellaneous income showed a decrease of approximately $16,000.00 from a year ago. He investigated and found that we had received some $16,000.00 from the Kostuck action early in 2003. This also accounts for the $16,000.00 difference in total income between 2003/2004.

Manager Kroeger reported that a 36 month CD at the Old National Bank in Rockport was set to come due on September 9, 2004. He asked for suggestions from the Board on what to do with this money…a new CD, set aside for possible drainage work or other options. It was noted that Old National currently has a program that allows an “out” with no fee on certain accounts. Manager Kroeger was directed to look into this.

It was also reported that a line item for “depreciation” had errantly appeared as an administrative expense in the June 2004 Budget Statement. This artificially inflated the statement by $47,000.00. The error was corrected on the July 2004 statement.

The delinquent report was reviewed.

Amount delinquent 8/2004 160,335.00 (includes 21,980.00 LILCO & Wahl Invest.)
Amount delinquent 7/2004 150,456.00
Outstanding under $600.00 30,780.00 (19%) (previous two years)
Outstanding $600.00-1000.00 50,098.00 (31%) (reflects 3 years delinquent)
Outstanding over $1000.00 79,457.00 (50%) (reflects on excess of three years delinquent including LILCO 6852.00 and Wahl Invest. 15,128.00)
Quantity of Lots Delinquent 184 (189 in 7/04)

There being no questions, Don Vogel moved to accept the Treasurer's report which was seconded by Keith Blair and passed unanimously.

OWNERS FORUM- See Manager's Attachment

TOWN REPRESENTATIVE- See Manager's Attachment

OLD BUSINESS

COVENANTS AND RESTRICTIONS UPDATE- Manager Kroeger reported on the Covenants and Restrictions votes that had been cast since the May 2004 meeting. Only 8 ballots, all voting yes to the new covenants, had been received. He noted that we are short approximately 470 votes of passing the proposal. Manager Kroeger also indicated that he had spoken to Attorney Fritts who had indicated that a final closing date on the election should be established. Chris Sigler moved to designate December 31, 2004 as the closing date for the election. This was passed unanimously after a second by Don Vogel. Don Vogel noted that his committee would begin earnest efforts to obtain the required votes. Manager Kroeger was directed to give Don an updated list of who had voted.

COLLECTION AGENT- Following some general discussion, Don Vogel moved to sign with Medical and Professional Collection Services to handle the collection of selected delinquent accounts. The primary reason for choice of MPCS over attorney Shaneyfelt was that MPCS had out of state capabilities and their ability to impact one's credit rating. Rose Gifford seconded the motion, which was unanimously approved.

POLAR SHORES ADDITION DRAINAGE UPDATE- The Board then reviewed the Midwestern Engineers proposal to update the 2000 drainage study. Ted Swartzbaugh commented that he thought that the Association should get an engineering firm other than Midwestern Engineers involved in our drainage program. His opinion was that Midwestern had been making mistakes for 40 years, from the very planning of the Village, and that some of the improvements we have made should have been financed by Koch Development and/or Midwestern Engineers. After some discussion, including points about questions in previous studies, and concerns about the abilities of Midwestern, Don Vogel made a motion to accept the Midwestern Engineers proposal to update the study for $5000.00. Norm Gerlach seconded the motion, which passed unanimously. The Board was cautioned to advise Midwestern of its concerns in no uncertain terms. Midwestern has committed to completing the study no later than mid-November.

Manager Kroeger called the Board's attention to the list of 14 actions items that had been devised following the special meeting of 8/2/04. He supplied a list of completed items that had been assigned by the list. Copies of both are included. A copy of the completion list was given to Polar Shores Addition representative Matt Sisley . Manager Kroeger said he would make a copy of the 14 actions available for Matt's review as well.

Manager Kroeger reported that it turns out that three of four lots he thought might be available to create dry dams, will not be. Manager Kroeger was instructed to contact the attorney regards the possibility of invoking the right of eminent domain (through the Town of Santa Claus) on some of these lots.

FESTIVAL OF LIGHTS UPDATE- See Manager's Attachment

NEW BUSINESS- See Manager's Attachment

Don Vogel stated that his wife had taken an interest in organizing a Village wide garage sale. She was unable to attend the meeting due to a Festival of Lights meeting that night. Don moved to allow the gates to be opened for a CLV garage sale on Saturday, September 18, 2004 from 8:00AM-2:00PM. After a second by Milton Pledger , the motion was passed unanimously. Manager Kroeger was directed to work with the planning team for logistics.

The meeting was adjourned at 9:10 PM on a motion by Don Vogel and a second by Norm Gerlach .



 

MANAGER'S ATTACHMENT TO THE MINUTES
August 12, 2004

Mark Kroeger read a statement from the organizing group of the Tour of Homes. The reported stated that the organizers had been advised that at one time a successful Tour of Homes had raised nearly $7000.00. Tickets sold for $6.00 each with about 1150 attendees. Manager Kroeger was directed to write a letter to the Tour of Homes making sure they were aware of the Board's expectations.

Ken Blair was on hand to talk about his dusk to dawn light. Complaints about the light shining off the water had been received at previous meetings. Ken stated he had the light for safety and security reasons. He also stated that he had received permission to install the light from a previous CLV Board. Don Vogel suggested that Ken replace the existing bulb with a sodium lamp which is not as bright. Ken stated he would be willing to do consider this if the neighbors would contribute to the cost of the light. Manager Kroeger was directed to write to both parties and try to work this out.

John Schilling was present to update the Board on the condition of the home across the street that has been ill-kept. He read copies of the letters that had been sent to the tenant and the landlord by the CLV attorney, and said that there had been effort and some improvement. John reported that the old truck is still there and that it is becoming a trash bin. Manager Kroeger was instructed to contact Attorney Shaneyfelt to begin legal proceedings immediately.

Manager Kroeger was also instructed to write a letter to all landlords indicating that we will enforce Covenants & Restrictions. He was also instructed to research how renters receive a copy of the Covenants and Restrictions.

It was suggested that landlords and tenants sign a form that says they have read and will follow the Covenants.

TOWN REPRESENTATIVE- There was no Town representative on hand. Manager Kroeger will approach the Town about providing a representative to Board meetings.

FESTIVAL OF LIGHTS UPDATE-Manager Kroeger report that about half of the neighborhoods had already held their first meeting to talk about a rejuvenated Festival of Lights. Most of the meetings had been well attended. Some were not. Information from all the meetings would be discussed at the September meeting. Lots of ideas had come from the meetings. Ideas from holding the Festival every third year to changing the route.

NEW BUSINESS- Mark Kroeger reported on the newsletter. He indicated that he expected the summer edition to be mailed the next day. He also said that annual publication dates for the future would be the first of March, June September, and December. He indicated that the newsletter would be set up in a regular template form, expand from four to six pages, and include articles/stories from guest writers, a “Message From The President/Manager/Board/Garden Club/Optimist Club” column, a “Did You Know?” column, and other features. Manager Kroeger said he expected to be working with the Heritage Hills journalism department for some of this. Parties interested in writing for the newsletter are encouraged to contact the office.

President Van Winkle asked what happened to the Personnel Committee. He noted that it had gone dormant since Troy Reinhart had resigned his position on the Board. New chair of the committee, Rose Gifford, stated that she would put together a meeting of the committee. Ken commented on the urgency of defining the roles and responsibilities of our critical positions. Each director was requested to e-mail in at least 5 important things that the manager should do.

President Van Winkle had stated earlier in the evening, that he thought it advisable for the Board to meet and walk the areas of Polar Shores Addition that were subject to flooding. A special meeting was called for Tuesday, 8/17/04, 5:30 PM starting at the Van Winkle driveway to do this.

Additionally, some Directors had commented about absences Director Philip Koch. An executive meeting was called to immediately follow the 8/17/04 special meeting to discuss this situation.

CHRISTMAS LAKE VILLAGE

DRAINAGE PROJECT

POLAR SHORES ADDITION

WHAT
WHO
HOW
BY WHEN

* Correct the inaccuracies in the Midwest

Engineer Study. | Midwest  | Mark to work w/ them.
August 12, 2004

* Upate the study re. all the new homes and




construction since 2000. Also, assume that




all "buildable" lots has an average house




located on it.
Midwest
Mark to work w/ them.
12-Aug






* Fix the damaged/crushed driveway pipe at




the new Smith home on Star Drive.
Ron Smith
Mark to work w/ him.
31-Aug






* Report on what of the Midwest Engineer




Study has been completed.
Midwest
Mark to work w/ them.
12-Aug






* Have Midwest Engineer do a narrative




review of the study w/ the Board.
Midwest
Mark will arrange the meeting.
9-Aug






* Address the Ward Home 30 " pipe that is




not accounted for as well as the various




small drain pipes in the area.
Mark
Physical site review
12-Aug






* Place a moratorium on Polar Shores




Addition spec. home construction.
Mark
Check w/ Attorney.
6-Aug






* Find out what the building inspectors' role




is in the drainage plan that is to be submitted




with a new home construction plan.
Mark
Document and submit to Board
6-Aug






* Develop a Drain Pipe Inspection Schedule
Mark
Develop and document a
31-Aug



checklist and schedule.







* Hold a meeting w/ builders to enforce our




(the board's) position on building codes.
Mark
Work w/ Rules and Regs Comm.
31-Aug






* Document the available lots in Polar Shores




Addition including those that the County has.
Mark
Email listing to Board
6-Aug






* Post the Polar Shores Addition drainage




progress updates to the CLV Web site.
Mark
Weekly Updates
16-Aug






* Place a silt fence on the Smith spec.




property on Star Drive.
Ron Smith
Mark to advise him.
4-Aug

Drainage Update for the Board Meeting
August 12, 2004

Since the special meeting of 8/2/04, the following has been done:
• Inaccuracies of the 2000 MEI study were revised in 11/2000, and 1/2001

1. One undersized pipe on Star Dr, one on Tinsel

• The crushed pipe was inspected and does not appear crushed to me

• The study advised four specific areas of ground work. 3 were completed.

• The Board held an executive session on 8/9/04 wherein a representative of MEI discussed the original study, made some verbal recommendations, and agreed to provide a price to update the study.

• The revised maps show the 30” culvert near the Ward home that was missing on original maps.

• Our attorney advises us not to place a moratorium on building in Polar Shores Addition.

• We have checked with the Santa Claus building inspector. There is no specific drainage code that effects Christmas Lake Village. However, the Rules and Regs committee will seat soon, and work on our building guidelines. A slope advisory will be reviewed as an amendment to the guidelines.

• Manager Kroeger and the Maintenance foreman are working on a drain pipe inspection schedule which locates all under road culverts and creates a time table for their inspection.

• A list has been made that shows lots available in Polar Shores Addition. One or more of these lots may be available to assist with this project.

• A place for progress updates has been set aside in the CLV website .

• A silt fence has been placed on the empty lot facing Winter Ave which drains toward Star Drive.

Respectfully Submitted

Ken Van Winkle
President/Board of Directors

Special Meeting of the Board
August 2, 2004

The meeting was called to order by President Ken VanWinkle at 6:00 PM . He stated that a quorum was present and that the meeting was being taped. Board members present were Keith Blair, Norm Gerlach, Rose Gifford, Elva Scholebo,

Ken VanWinkle, and Don Vogel.

Absent were Philip Koch, Milton Pledger, and Chris Sigler.

President VanWinkle noted that the only item on the agenda was the drainage situation in the ninth neighborhood. He stated that member Matt Sisley had been appointed to speak for the group. Area members present were Lisa Cochenour, Matt & Heather Sisley, Teresa Jester, Chris Glenn, Frank Howard, Emerson & Sherri Tornatta , Chad Bailey, and Matt Snively.

Matt showed a home made video tape of the amount of water flowing through their Star Drive area on 25 May, '04 . Matt Snively also showed a tape of the Tinsel/Angel area on the same date.

Matt made several points of concern:
• The Midwestern study had been made in 2000, and that numerous homes had been built since then.

• The study had mentioned impound ponds, but that none were ever constructed.

• The Midwestern Engineering study had not been followed to a “T”

• That Midwestern Engineers should have been on hand to inspect the program while it was in progress.

• There were mistakes in the study including a 30” culvert near the Ward home that was not reflected on the maps and several of the culverts shown were incorrect in dimension.

• How many impound ponds we would need to sufficiently slow the water,

• How the Association would handle maintenance of its culvert inlets.

• We need the impound ponds NOW.

• Why silt fences are not uniformly in use.

• The culvert in front of the new construction on Star Drive was crushed and had been incorrectly installed.

• New Board members were not aware of this study.

• The area residents had waited a long, long time and the program was incomplete, and the problem was worse.

• We must bring in professionals to oversee the work.

• Open ditches will not take care of the problem-we must slow it down.

• They were looking into a neighborhood fix. Everything is connected together

• There were some “ugly” things in the past. We need to look forward, and get things done.

The Board was asked to address these concerns

• Check the Midwestern study for accuracy

• Make sure of what builders are doing

• Look at a complete area fix, not just a patch job

• Put some urgency into the program

• Update the Midwestern study to today's situation

• Look into the retention ponds immediately

Ken VanWinkle questioned what, if any, responsibility for grading the building inspector has. Manager Kroeger replied that he would have to look into it.

Don Vogel asked if Koch Development might be sending additional water our way.

Though Matt Sisley was the main speaker, all members present received their opportunity to speak.

A concern was stated over the possibility of even getting out of the house the way it was surrounded by water and what could happen to children in this situation.

It was suggested to place a moratorium on building in the 9 th neighborhood until the problem was corrected.

The heavy costs of home repairs from water was noted. One resident had to bring in a restoration company.

At this time, President VanWinkle summed up the meeting:

• All in the room see a problem

• All in the room are committed to fix the problem

• What is the fix

• What are the costs

• Who is obligated to fix what


President VanWinkle asked for the benefit of the doubt for time and to work in small groups.

The attendees asked if a time line could be made, and if they could be kept in the loop and updated frequently.

The people from the 9 th neighborhood left at this time.

The Board members present stayed and discussed the meeting and a plan of action. President VanWinkle read off 13 steps that he had formulated during the meeting which were individually discussed. He said that a formal list of these steps with completion dates would be e-mailed to the Directors and manager the next day. The actions included:

• Correct any inaccuracies in the Midwestern study

• Update the 2000 Midwestern study to include new and anticipated construction

• Inspect the crushed culvert at the new construction on Star Drive

• Report on what parts of the Midwestern Study had been completed

• Have a Midwestern representative meet with the Board in Executive session to review the study

• Address the 30” pipe near the Ward home question

• Check with the attorney about the possibility of placing a moratorium on new building in that neighborhood

• Ascertain what the building inspector's role is in inspecting drainage plans

• Hold a meeting with the builders to enforce the Board's position on our building codes.

• Document the available lots, including county owned, in the Polar Shores Addition.

• Post the Polar Shores Addition drainage progress updates in the CLV website.

• Place a silt fence on the spec property on Winter Lane.

The Board was in agreement that these were reasonable and necessary items.

At this time ( 8:45PM ), the meeting adjourned on a motion by Norm Gerlach, and a second by Don Vogel.



Respectfully Submitted

Ken VanWinkle
President/Christmas Lake Village
Board of Directors