VILLAGE OF EPHRAIM
Village of Ephraim Board Meeting Agenda
MONDAY, APRIL 13TH, 2009 - 7:00 P.M.
VILLAGE OF EPHRAIM OFFICES, NORWAY AND HIGHWAY Q
Present: John Cox-President, Kathy Kirkland, Jane Olson, Sue Sherman, Tim
Staff: Charity Forsch-Administrator, Susan Shallow, Nancy Goss, Brent Bristol,
Visitors: Diane Kirkland, Mike Konecny, Karen McMurtry, Mike McCutcheon,
Steve Eatough, Paul Burton, Walt Fisher, Representatives of Hardy Gallery, Steve
Sauter, Fred Bridenhagen, Rick Chomeau
1. Call to Order- Meeting called to order by chair John Cox at 7:00 p.m.
2. Changes in Agenda: None Tim Nelson inquired how many of the audience
members were here to discuss the proposed event parking plan to determine if
the item should be moved up on the Agenda. Item will remain as is on tonight’s
3. Review and Approve March 9, 2009 Village Board Meeting Minutes. Tim Nelson
requested a correction to the minutes to reflect that the Pre-School pays a rental
fee of $200 per month.
Motion per Tim Nelson to approve the March meeting minutes with the
correction as indicated, seconded by Kathy Kirkland all ayes, motion
4. Visitors’ Comments: Paul Burton asked about the e-mail retention policy for
the Village with regard to open records laws. John Cox responded that we
contract with a company called Mail Trust who archives all incoming and outgoing
e-mails. Diane Kirkland clarified the archive and search procedure.
Steve Eatough reported back to the Board regarding a community well testing
program, Steve provided information about an organization that specializes in
this type of testing. There may be a grant available to cover some of the cost for
this program. A representative can attend a future Board meeting if the Board is
interested. Board members asked brief questions regarding this testing. Inquired
in the Ephraim WWTP can provide this type of testing. Board requested that
Steve meet with the Plant Manager Dave Alberts and the Wastewater Committee.
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Walt Fisher is here to inquire if the proposed parking plan will go to the Planning
committee for review and approval. This item addressed later on tonight’s
5. Public Hearings:
§ 17.20(3)(A)(5) Language regarding Non-profit sales in PW District. –
Zoning Administrator Brent Bristol provided a brief synopsis of this item.
Proposed change stemmed from a request by the Hardy Gallery to continue a
small sales area at the gallery. This language was developed by the Planning
Committee and reviewed by the Board. See attached for proposed language
change. All Board members are comfortable with this change as presented.
John Cox opened the floor to comment from the audience either in favor or
against this language change: No one offered to speak in favor of this change.
Not in Favor: No comments at this time. Item returned to the Board of Trustees
for comment - Kathy Kirkland inquired if other non profit entities in the Protected
Waterfront District (PWD) such as the Yacht Club would also be required to apply
for a permit or would they be grandfathered in.
Administrator Charity Forsch commented that if they are grandfathered in with no
changes it would be status Quo. Jane Olson confused thought non profits were
not allowed to sell by definition, questioning grandfathering and our need for
clear clause in lease contract issued by the Village. Charity clarified that if they
were selling prior to the establishment of the PWD they would be allowed to
continue to sell.
Tim Nelson stated he does not see any specific reference to a grandfathering
clause in this document and we should address specific leases for the non profit
organizations. i.e. If the Ephraim Yacht Club does not have anything in their
lease regarding sales we should insert same. His concern is that a non-profit
should not be in competition with a for profit as they would have an unfair
advantage. Items should not be sold that are available at a for profit store in
Ephraim. Language must be specific in any leases to nonprofit organizations. Sue
Sherman also feels it should be specified in leases. Tim feels that all of our leases
should be reviewed in depth. It was clarified by Tim Nelson that the proposed
language change is not intended to address the Hardy Gallery specifically.
Charity Forsch will review the current leases and report back to the Board next
Sue Sherman commented that this delay in approval should not impede the
Hardy Gallery form beginning their season based on the type of items specifically
described at a previous Board meeting. This item postponed until the May
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§ 17.24(1) Language regarding proration of footprint and total residence
Brent Bristol gave a brief synopsis of this item. Planning Committee and Board
reviewed this item and it is before the community tonight so that they may have
the opportunity to speak either for or against the proposed language change.
President John Cox asked for comment by the audience: In favor of the change:
Steve Sauter very happy with this change and appreciates all the checks and
balances built into this change.
Against the language change: None. No correspondence to date.
Back to the Board for comment: Kathy Kirkland finds the suggested language
reasonable; Sue Sherman also feels it is reasonable
Motion per Sue Sherman to approve ordinance language change to
17.24 (1) as presented, seconded by Kathy Kirkland, all ayes motion
carried. Poll of Board- Kathy Kirkland Aye, Jane Olson Aye, Tim Nelson
Aye, John Cox Aye, Sue Sherman Aye, all ayes motion carried.
a. Discussion and consideration regarding § 17.20(3)(A)(5) Language
regarding Non-profit sales in PW District. Item tabled and will be re-addressed at
the May Board meeting.
b. Discussion and consideration regarding § 17.24(1) Language regarding
proration of footprint and total residence maximums. Item completed above
c. Monthly Zoning Administrator Report – presented by Brent Bristol.
Motion per Jane Olson to approve the Zoning Administrator’s report as
presented, seconded by Sue Sherman, all ayes, and motion carried.
7. Audit Report
a. Presentation of 2008 Audit Report – Schenck – Mike Konecny here to
present the report. There were some changes in our Audit this year. The Federal
Grant for the Fire Department impacted the Village Audit and was therefore
included in this report. The Management letter is the first 2 1⁄2 pages and explains
their responsibility, any difficulties or un-corrected mistakes. 3 findings were
listed and explained by Mike. Tim Nelson asked about the internal control
deficiencies. Mike explained that because they do our auditing and it is not done
in house it is considered a deficiency. Page one is a 3 yr comparative summary of
fund balances- General $537,000 at end of 08. Room Tax money $98,344 end of
08, $351,000 Capital Reserve. $79,000 of which is an undesignated balance.
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Overall Ephraim demonstrated a good budget year. There was a budget deficit of
$26,000 in snow removal but we had the capitol to cover it. Special revenue
indicated is primarily due to the water fund and Fire Grants received by Ephraim.
Coastal Management showed a deficit for the year.
The Wastewater Department displays a 3 yr operating statement, Revenues
$300,000 consistent with customer base. There is a depreciation of $154,000 and
an operating loss of $112,000. Net loss of $14,000. Excess cash of about
$18,000 in working cash in this fund. A small sewer rate increase is suggested
by Schenck. General fund displays a reasonable balance as well as Wastewater.
A couple of things in the financial statements he would like to talk about. Page
15, Revenues 185,000 over budget in revenues due to donations for Fire
Museum. Expenditures over due to renovations at Fire Museum. Overall we show
a -$17,000 in fund balances.
Management discussion and analysis, the Villages net assets increased by a
million dollars last year due to the FD communications equipment which will drop
OFF next year when the equipment is turned over to the county. Governmental
activities page 33 lists all outstanding loans. The current interest rates are in the
high 3’s-low 4’s. Right now rates are very low 1 1⁄2, we should consider re-
financing all into a long term bond or note deal and save on interest. Mike has a
contact that can look into a Bond all Trustees agree and he will proceed with
inquiry, fees are based on amounts of the loans. Nancy Goss and Charity Forsch
met on Friday with representatives from Associated Bank in regard to re-
financing our loans. Nancy Goss is very interested in Mike’s suggestion. Mike
continued with his presentation, on page 41 the Federal copies of the Audit are
displayed, Mike will work with Charity on submission. This also addresses the
FEMA grant for Communications equipment. Mike noted that there were no
Material weaknesses listed on page 45 but significant deficiencies, but as he
explained overall they were not so bad by design.
Motion Sue Sherman to accept the audit report as submitted, seconded
by Tim Nelson, all ayes, and motion carried.
8. Treasurer’s Report
a. Treasurer’s Report
• Discussion and Consideration regarding loan refinancing – Associated Bank
representative has not provided the written information on pools, it was noted
that the state pool in free falling right now. It is fully FDIC insured without a
maximum. Included in the Trustees packets were loan schedules and reserves.
John Cox asked Mike if we can borrow from ourselves, absolutely responded
Mike. The Board is not restricted from re-designating funds in General as
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• Discussion regarding insurance options – Nancy Goss explained the new
paperless system and a problem with the old fire house station, we own the
building we do not own the contents at this time, anything in there is not
licensed, and we have no value on it. Item 2 they will not insure them unless
they are ours or a lease is in place. Here for direction from the Board. Brief
discussion by the Trustees. Charity Forsch suggested that a lease be in place by
June 1, 2009. The 34 would have to be licensed to be put out on the road for
parades. Ownership by the Association. No estimates of value on contents.
John Cox asked Jane Olson if this is of interest to the CPC, they have not
reviewed this project and as it is the Associations project it would not fit under
the auspices of the CPC. Tim Nelson suggests that we formally sell the truck to
the Association for $1.00. Chief Niles Weborg will be back on the 1st of May. A
lease will be in place by June 1, 2009.
Motion per Kathy Kirkland to accept the Treasurer’s report as submitted,
seconded by Jane Olson, all ayes, motion carried.
b. Bills to be Paid – Administrative salaries, Charity will check into it. Tim
asked about computer supplies and services. Few other questions, Charity will
look into these items and report back to the Board. Utilities for the Fire Museum
should be addressed by their lease.
Motion per Jane Olson to authorize the payment of bills as submitted,
seconded by Sue Sherman, all ayes, and motion carried.
a. Plant Manager’s Report – Dave here to present his report
Motion per Jane Olson to accept the Plant Manager’s report as submitted,
seconded by Kathy Kirkland, all ayes, and motion carried.
b. Discussion and consideration regarding Village Engineer – Charity Forsch
presented the basis for this item. We don’t pay them unless we avail ourselves of
their services; the suggested Engineer is McMahon the original engineer for the
Plant. The 2012 Highway re-surfacing project is an example of how we could their
services. The proposed agreement has been distributed to the Trustees. Diane
Kirkland asked about the ordinance that requires that any designated engineer be
placed on the Planning Committee. Charity will look into State Stats regarding
this and get back to the Board next month.
c. Discussion and consideration of Waste Receptor Ordinance: Dave Albert’s
presented the suggested language addition for grease trap maintenance and
reporting that the WW Committee has approved and recommend to the Board for
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Motion per Kathy Kirkland to approve the addition to the WW ordinance
13.04 (2) as proposed, seconded by Jane Olson, all ayes, motion carried.
Kathy Kirkland Aye, Jane Olson Aye, Tim Nelson Aye, John Cox Aye, Sue
Sherman Aye, all ayes motion carried.
d. Approval of 2009 Budgetary Changes
Motion per Sue Sherman to accept the changes to the budget as
presented, seconded by Tim Nelson, all ayes, motion carried.
a. Administrator/Clerk Report
• Discussion and consideration of forming Safety Committee – Charity
provided a brief description of the genesis of this suggestion. John Cox concurs
with the establishment of a safety committee. Intended to identify situations and
solutions. Kathy Kirkland suggests we do a NIMS exercise. Tim Nelson suggests
that the Administrator, Plant manager and Maintenance Supervisor develop a list
of potential candidates for this AD-Hoc Committee. Not intended to contradict
NIMS but a focused group. Approved by consensus.
• Discussion and consideration regarding Peninsula Preschool Lease –
It was noted by Charity that we have identified an additional storage space that
will be cleaned out and re-tooled for proper record storage.
Kathy Kirkland stated that we should give the pre-school a 5 year lease and then
inform them to look for other accommodations. Charity provided information that
Gibraltar will begin providing pre-school for free and that this development may
in itself put both the pre-school and the Northern Door Center out of business.
Audience member Rick Chomeau stated that as a long time community resident
the services provided by the Ephraim pre-school is vastly superior to those
available at either Northern Door Center or the service that will begin at the
Gibraltar school. John Cox re-iterated that the pre-school has been here since
1983 and provides a quality program and is a good thing. He is not willing to shut
them down or put a sunset lease on them. The current lease is 3 years they are
asking for 5. Tim Nelson commented that having a school in Ephraim is a great
community service. The idea of only serving children in our own community is not
in keeping with a future for Ephraim. We have to do things that are inter-
community minded. Tim provided highlights of services Ephraim has already lost
and noted that we can not afford to loose one more. Places that are a community
center create an identity for Ephraim.
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Lease specifics – Some minor changes correct the typo regarding tenants use of
the common grounds. Adjust Insurance section page 3 item 7 and a link to page
five item 13 damage and destruction; If it is found that the destruction of
property is fault of lesee, lesee’s insurance will be held responsible. Charity will
make the suggested changes and provide for the Board at the May meeting.
Tim Nelson suggested that we offer the Pre-School a five year lease at the rate of
$220 per month with a 10% increase over 4years not to exceed $300 per month.
In addition change the termination of lease clause to allow it to be by mutual
• Discussion and consideration of Bid Award – Tennis Court – Charity still
looking into this she recommends that we proceed with the project as though we
do not expect any grant monies. The low bidder currently in Northeast Asphalt at
$53,280.00. This price includes new fencing and destruction of the 3rd court for
reversion to green space.
Sue Sherman notes that the price of Asphalt has recently been reduced, can we
ask for price consideration. Charity mentioned that another alternative is to put it
out for re-bidding. Biggest expense is the fencing. Kathy asked about
guarantees/warranties from these companies. John suggests that we take a
portion of the money out of the room tax fund.
Motion per Tim Nelson to award the tennis court contract to Northeast
Asphalt not to exceed $53,280.00 pending clarification of warranty, take
out available funds from capital reserve the rest from room tax revenue,
seconded by Jane Olson, all ayes, motion carried.
• Discussion and consideration of Bid Award – Administrative Office Window
2 bids received one from Pella Windows & Doors and the other from Van’s. The
Pella bid includes the installation fee totaling $7,500 for the entire project, the
bid from Van’s does not include installation.
Motion per to award the project contract to Pella Windows and Doors not
to exceed $25, 839, seconded by Kathy Kirkland, all ayes, motion carried.
Charity suggested the Board consider funding a portion of this project through
room tax dollars. Other option is to take out a loan from ourselves.
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• Discussion and consideration regarding Airport Vehicle Ordinance- Brief
discussion of Hanger owner’s ability to drive out to their hangers. Resident Hugh
Mulliken has inquired about this item. Board requests a statement of intent from
the Airport Committee in regard to this concern. Item postponed till May
• Discussion and consideration of sale of 1944 Ford 9N tractor and 7’ Woods 3
pt. hitch mower deck at airport – Mower Leaks like a sieve
Motion per Tim Nelson to approve the proposal to put the mower deck
up for Bid, seconded by Jane Olson, all ayes, and motion carried.
• Discussion and consideration of forming Census Committee
Motion per Sue Sherman to accept the Administrators report as
presented, seconded by Tim Nelson, all ayes, motion carried.
11. Community Protection
• Fire Chief’s Report
Motion per Sue Sherman to accept the Fire Chief’s report, seconded by
Tim Nelson, all ayes motion carried
• Discussion and consideration of Traffic Detour for Fyr BAL – 150 signs that
will need to be posted, does this go before the Plan Committee? Currently a Fire
Truck is pulled across the road and that is it. Charity presented her research and
now requires some direction from the Board.
Diane Ludwigson is here representing the EBC, a major concern for the EBC is
that people attending the festival will not be able to get to the presentation area.
Fred Bridenhagen commented concerning the proposed Plan, suggests we turn
the stage across the road and allow the people to stand in Olson Park instead. He
does not think it is a well thought plan but acknowledged that parking on side
streets along one side had validity. Walt Fisher asked about the cost to the
Village and if the Board decides to implement the proposed plan how it would be
monitored. Walt inquired if there have been any accidents in the area before this?
John Cox responded no. Walt is also concerned about traffic flow to the
businesses on the side streets. Walt also noted that
under the Plan the parking for Fireworks along Moravia would be eliminated.
Kathy Kirkland commented that the riser where the girls are dancing gets rather
slippery so they will not be on it this year they will dance elsewhere. Diane
Ludwigson corrected that now the EBC has decided that they will be using the
risers again this year. These was additional discussion between the audience and
Trustees regarding traffic and parking. Charity Forsch commented that at a
recent EBC meeting they talked about utilizing parking that is available such as at
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the Administrative office etc.
John Cox reiterated the question at hand; should this go to the Planning
Committee? John is concerned with safety and bottlenecks at the park, if we
move the corn roaster to a different place things could be better down there. Tim
Nelson also commends the CPC with this “ultimate plan” but suggests this plan
be forwarded to the Planning Committee prior to implementation and request
that they also suggest lesser measures to address traffic. The amount of signage
and the need for additional personnel would be greater than the Board expected.
Fred suggested that participants pre register for a space and lay it out better.
Jane Olson comments that if it is going to go before the Planning Committee
there will not be time to implement the plan this year. Kathy Kirkland suggested
that if the EBC is going to make changes to the lay out of the event that we
should monitor the impact of those changes and put this comprehensive plan off
till next year. Sue Sherman concurs that this item be tabled till next year.
12. Physical Facilities / Utilities
a. Supervisor’s Report- No additional questions
Motion per Sue Sherman to approve the Maintenance Supervisors report
as submitted, seconded by Tim Nelson, all ayes, and motion carried.
13. Docks & Coastal Management – Brief report provided by John Cox, an
assistant Dockmaster will soon be appointed by Keith Lindstrand.
14. Communications / Correspondence- None
15. Visitors’ Comments- No additional comments
Motion per Tim Nelson to adjourn this Board of Trustees meeting,
seconded by Kathy Kirkland, all ayes, motion carried.
Recorded by Susan Shallow- Deputy Clerk