(Approval Pending at the October 8, 2009 Meeting)

The meeting was called to order at 6:00 PM by President Jeff Stillman.  He noted that a quorum was present and that the meeting was being taped. (Manager’s note: I found out after the meeting that machine did NOT record the meeting.)

Directors present were Jason Alban, Judi Carter, Rob Collins, Jim Davidson, Lee Powell, Mike Robinson, Mark Smith, and Jeff Stillman.  Amy Busler was absent.

There were approximately 12 Association members present.

MEMBER FORUM-Brenda Black was present to remind the Board about her drainage problem of water coming over the road.  She stated she had flooded on Sunday (9/6/09) when there was no NWS flood warning.  She further stated that the flooding started approximately a year after she moved in.  President Stillman stated that the Board feels that since we dug out the ditch on the opposite side of the road, the Association is finished.

Terry Working was also present suggesting that the Association recognize the several people who pick up trash along our roadsides on a regular basis while they get their walking exercise.   She asked about the Meth lab arrests that had been recently made in the Village.  She suggested that the Association consider planting wildflowers in some of the common areas.  She said this would cut down on some of our mowing and fuel costs, and the flowers would be pretty.  After some discussion, the Board took the matter under advisement.

MINUTES- Two sets of minutes were presented.  Jim Davidson moved to approve the Executive Meeting minutes of 8/31/09.  After a seconded by Lee Powell, the motion passed unanimously.  Jason Alban noted that the minutes from the August 13, 2009 regular meeting showed income of approximately $791,000.00.  This should have read $721,000.00.  Mike Robinson moved to accept the 8/13/09 minutes as corrected.  Mark Smith seconded the motion which passed unanimously.

TREASURER’S REPORT- Treasurer Jason Alban noted that we now have $724,000.00 income to date.  He further noted that we are about $10,000.00 behind on current and past year assessment income.  Some extra expense items had come in as well.

Manager Kroeger gave the delinquent report.  He noted that the delinquent amount was down slightly from last month at $150,731.00 on 238 lots.  33 of these lots have homes on them.  The delinquent list has been included in the September Newsletter on the website, and will be in the Journal/Democrat next week.  The 7 delinquent homes that were handed to Attorney Shaneyfelt for collection have small claim court dates on September 24, 2009. 

There being no further questions, the Treasurer’s Report was approved unanimously on a motion be Mark Smith and a second by Mike Robinson.

MANAGER’S REPORT- Manager Kroeger:

• Updated the Board on the garage sale.  87 homes have registered and paid.  9 have not paid.  Friday, the 11th, is the last day to sign up.  The maps will be available about 2 days prior to the garage sale.  He further noted that the CLV lots would be shown on the map, along with the terms of sale.  He said that signs had been purchased in an attempt to lighten traffic congestion during the sale.  He said that 5 streets (Blue Spruce, Ornament Lane (loop), Sled Run, Melody/Snowball, and Sleigh Bell) would be made into one way streets for the day.  Manager Kroeger voiced his concern at the small amount of registrations for the yard sale.  With one day to go, we are about 45 homes short.  He was concerned that there would be a large number of homes that would participate and not register/pay.  Nearly $800.00 of garage sale money from ’08 had already been spent on signs and posts to deal with the traffic issues previously mentioned.  He was directed to compare the list of registrants to those homes that were selling items.  He was to charge the $5.00 fee to these locations on the spot.  President Stillman noted that if there are a significant number that refuse to pay it could be the eventual downfall of the garage sale.
• Told the Board that he had been thrown a severe change by the dam engineering company and the DNR regarding repairs to Holly Dam.  He had been advised that primarily because we now seemed to need to dig into the crest of the dam to replace the primary spill pipe.  The engineer noted that engineered drawings, a topographical invert map, and a soils investigation report should be made.  The cost of these items is around $30,000.00 and we have not even begun the repair.  Jim Davidson says he cannot foresee any severe damage.  Manager Kroeger was directed to look into a second opinion.
• Reported that the 2009 lifeguard season was not any better than most previous seasons.  He had asked the insurance broker to shop for a provider that would let us go without lifeguards.  Mark Smith suggested that the swimming area would not be the same with a high diving board.
• Noted that some steps had been made with the intent of helping to control speed in the Village.  We are handing out speed limit signs to truck drivers, the CLV staff is driving at 30 MPH (he was instructed to slow the staff to 25) the radar sign has been out, increased police presence, and President Stillman has spoken with the Town Marshal and the School District about speeding buses.

OLD BUSINESS
Lake Draw Down- President Stillman noted that our newest research shows that we cannot be sure if a freeze will kill our weed seeds, but we are fairly certain that it will not enhance weed growth in our case.  He said that a longer, colder winter had been predicted.  Pam Schatz noted that the National Weather Service’s prediction did not agree.  Discussion between the Board and some of the members followed.  The conversation centering round silt compaction, lake bottom clean up, dock work by members and Association, and fish spawn and kill.  Mike Robinson suggested that even though the draw down will not kill the weed seeds, it will expose the weeds and make it easier to apply weed killer directly to them.  Mark Smith stated that he thought the project was worth doing and made a motion to move forward with lowering the lake.  The motion was seconded by Jim Davidson.  Bob Boeglin wanted to know our source of information and the discussion continued about documentation and that our exposure is no more than the possibility of the lake being low next year, which is a slim possibility.  Pam Schatz wanted to know which directors lived on the lake.   Both President Stillman and Director Smith live on the lake.

President Stillman called for a vote which showed five Directors (Stillman, Davidson, Smith, Robinson, and Alban) voted in favor of the motion.  Collins, Carter, and Powell voted no.  The motion passed.  Manager Kroeger was directed to send a letter to boat owners and lake front residents advising that the lowering would start on November 1st.

Credit Cards- Treasurer Jason Alban updated the Board on the status of accepting credit cards for Village payments.  He noted that the fixed costs would be between $1600-1800.00/year and the discount rate was 2.1-2.4%.  We would charge a $12.00 convenience fee per transaction to cover this cost.  He suggested this was a viable plan to use in the upcoming 2 pay plan for annual assessments.  The program would work via the internet and the CLV website.  Jason then made a motion to implement the program.  Mike Robinson seconded the motion.  After some additional discussion, the motion was passed on affirmative votes from Jason Alban, Rob Collins, Lee Powell, Mike Robinson, Mark Smith, and Jeff Stillman,   Jim Davidson and Judi Carter voted against the motion.

County Lots- Jason Alban read the following proposal on terms of sale for the former county lots that now belong to the Association, as a motion.

Land Contract sales of lots owned by the Association:

The terms for a "Privilege"* lot are $20.00 + annual assessment + county taxes + TSC vacant sewer PER YEAR, for 5 years on a land contract.  The purchaser can return the lot anytime during the term of the contract with no penalty.  The contract can be bought out for $100 prior to the end of the contract if a residence has been completed on the lot.

The terms for a "Buildable"* lot are $100.00 + annual assessment + county taxes + TSC vacant sewer PER YEAR, for ten years on a land contract.  The purchaser can return the lot anytime during the term of the contract with no penalty.  The contract can be bought out for $100 prior to the end of the contract if a residence has been completed on the lot.

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

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

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

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

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

Mark Smith seconded the motion.

Lee Powell noted that no legal review had been made of the actual contract he wanted to make sure we were on solid ground.  It was stated that an attorney would draw up the actual contract.  The motion was then unanimously approved.  The lots are to be marked and included with the yard sale map.

NEW BUSINESS
2009 Road Paving Bids- Manager Kroeger noted that he had received two bids for 2009 road paving.  He explained that the committee, from all the suggestions from the Directors, had narrowed the paving list to 12 areas around the Village.  The initial review amount for the twelve areas was $205,000.00.  Based on these numbers, the committee reduced the areas for review to nine at approximately $100,000.00 and sent out bids.  The bids were very close with Metzger Paving a little below Rudolph at $104,298.00.  Kroeger stated that there was $49,848.00 left in the ’09 road paving budget.  He reminded the Directors that approximately $25,000.00 of ’09 paving money had been used to pay part of the ’08 paving bill.  He noted that 23,800.00 is available in the capital improvement fund line item and suggested to use this toward the ’09 paving.  This is the money that was to have been used to pay the ’08 road balance as mentioned above.  A clerical error deducted the funds from the wrong line item.  Taking $35,000.00 from monies existing in the capital improvement fund would give us $108,648.00 for the road work and incidentals i.e. manhole covers etc.  Jim Davidson recommended that we go with the slightly higher Rudolph bid based on Rudolph’s track record.  Mark Smith then moved to go with the Metzger bid.  Jim Davidson seconded the motion which was unanimously approved.  Manager Kroeger was directed to keep an eye on the Metzger crews to make sure they were following the bid requirements.

COMMITTEE REPORTS
Business Planning, Budget and Assessment Committee- A second letter had been sent regarding the Hanning lease.  No response has been received to date.  The committee would be working on 2010 budget very soon.

Infrastructure- Jim Davidson noted that a couple of volunteers to serve on the committee would be helpful.  He also advised the Board that the committee would be looking into the Holly Dam issue that Manager Kroeger had previously noted.

Nominating and Election Supervisory Committee-Nothing at this time.

Rules & Regulations-Nothing at the time.

Personnel- Committee chair Rob Collins reported that John Keller was no longer employed by the Association.  His position had been eliminated, and replaced with a new “team leader” position.  Dan Lautner had accepted this new position.

By-Laws- Nothing at this time.

Parks & Recreation- Jeff Stillman reported that the Santa Claus Festival Committee was no longer in existence being replaced by the Santa Claus Christmas Celebration Committee.  The committee chair is Philip Koch and that the Celebration would be have varying events between November 20th and December 20th.  This ends the joint meetings between the Festival of Lights and Santa Claus Festival Committees. 

Lee Powell noted that there had been vandalism in the area of the Holly Park restrooms.

Covenants & Restrictions Committee- Jeff Stillman reported that a meeting of the committee was scheduled for Monday, September 14th.

There being no further business, the meeting adjourned at 8:00 PM on a motion by Lee Powell and a second by Rob Collins.