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Village Board
Aug 10, 2009
PDF Version: 10533_2009-Aug-10_Village Board .pdf

                            VILLAGE OF EPHRAIM
MONDAY, AUGUST 10, 2009 - 7:00 P.M.
Present: John Cox-President, Jane Olson, Kathy Kirkland, Sue Sherman, Tim Nelson
Staff: Charity Forsch-Administrator, Mike Walker, Sue Shallow
Visitor’s: Debbie & Gary Krause, Brian Hackbarth, Laura Gerard, Paul Burton, Rachel Willems,  Fred
Bridenhagen, Steven Eatough, Jim Stollenwerk, Hugh Mulliken  
1. Call to Order: Meeting called to order by President Cox at 7:00 p.m.
2. Changes in Agenda: None
3. Review and Approve July 13, 2009 Village Board Meeting Minutes:  
Motion per Sue Sherman to accept the July meeting minutes as amended above, seconded per Tim
Nelson all ayes, motion carried.  
4. Visitors’ Comments: Brian Hackbarth is here to speak about the old Volleyball court on county hwy
A, on the southern end of the Airport property. The plans he presented were developed about 10 years
ago and there is renewed interest in developing the parcel into a recreational facility. Brian is here
tonight to gage Ephraim’s interest in participating in this endeavor.  All plans are in the preliminary
stage and Mr. Hackbarth provided brief highlights for the Board. Kathy Kirkland asked about lighting
for the area, Brian responded that they will be working with the Airport officials prior to selecting
lighting and since Gibraltar is under County Zoning, he will consult with the county in relation to any
zoning issues or requirements. Brian will be contacting the school for their input to ensure that it is a
multifunctional recreational property. John Cox inquired about funds for the project; Brian does not
have a request for funding at this time. This can be an Agenda item next month or when the plan is
more fully developed. Kathy inquired about possible grants for such a project; yes Mr. Hackbarth is
completing grant documents.   
Paul Burton addressed the Board and mentioned the current seven building in Ephraim that are
currently on the National Register of Historic Structures. Paul is here tonight to request that the Board
consider adding the Village Hall, Old Fire Station and the Information Center to this registry. Paul
provided brief background of their historic nature and the process necessary to add buildings to the
Registry. This item to be on the Agenda for September.  
Steve Eatough is here tonight regarding well testing; he has met with the Wastewater Committee as
advised by the Board last month.  The Wastewater Committee members expressed concern about the
negative publicity that could result from Ephraim mandating well water testing and the possible
publication of such results in the media. Steve is requesting that the Committee report back to the
Board with their concerns and recommendations. Mr. Eatough still believes that information is power
and that Ephraim should participate in the program.  
Charity Forsch provided a synopsis of the Wastewater Committee’s position; while they encourage
well water testing thru advertisement of their services both in the local papers and in the Village
Newsletters they would not be comfortable mandating it.  Tim Nelson commented that it is a good
program but he has trouble endorsing it as we have never received positive press in regard to water
testing. Tim posed the question that if private citizens had their wells tested would they really want that
information made public?  Sue Sherman suggested that we continue to advertise in the Village
newsletters that testing is available but not endorse or mandate it. As soon as it starts becoming a data
base it becomes a problem commented John Cox.  
Jane Olson asked if people could participate at the discounted price without the Village endorsing it,
yes responded Steven. Diane Kirkland asked who owned the data-base and could they provide only
general statistical results without specific reference. Fred Bridenhagen stated that the downtown area
had a lot of water testing not too long ago and very few negative results were obtained.   
Hugh Mulliken informed the Board that the County has completed its comprehensive plan for the
county and that it could be reviewed at a meeting scheduled for sometime next month.   
5. Public Hearing §1.31 – Plan Committee Composition and Terms, §1.35 – Coastal Management Powers
                            VILLAGE OF EPHRAIM
and Duties, and §1.36 Physical Facilities and Utilities Powers and Duties – Postponed to September
6. Administration  
a. Set Board of Review Date: Assessor Mike proposes Monday August 31, 2009. Mike does not
expect any big issues in fact a couple of the Condo Associations will see a reduction in taxes based
on sales and value.  Mike thanked the Board members for their confidence in him and for extending
his contract with the Village for another two years.  
Motion per Jane Olson to set Board of Review for Monday August 31st, 2009 at 6:00 pm,
seconded by Kathy Kirkland, all ayes, motion carried.  
b. Discussion and consideration of Options for Year Round EBC Location : Hugh Mulliken provided
copies of his proposals for the Board’s for consideration. Charity Forsch displayed slides overhead
of the site plan and the two proposals.  Hugh stated that it property is actually two lots, and that a
3rd cottage may actually be encroaching on the Villages property and a propane tank is straddling
the property line.  
In the existing building (Smith Garage) the exhaust is ducted directly to the outside of the building.
There are two big tanks that hold a chemical that is injected into the lift station by the Treatment
Plant staff when needed; these would have to be moved.  The current chimney helps support the
beam in the building; it would have to be moved. The UV system is up and working.  Upstairs was
a residential area with a small bathroom and a dormer to allow for more headroom at the top of the
stairs.  Hugh feels that as far as the upstairs space we could leave it as is if it will only be used for
Scenario one: Remodel of Smith building - 380 sq ft of office space, and storage only upstairs. The
porch would have to come forward a bit. Hugh reviewed the numbers for work involved. Tree
cutting, roof work, painting, fix repair windows and doors, to replace windows are a possibility.
Limited asbestos removal will be necessary. Noise from the generator when in operation could be
greatly reduced by reflecting the air up. Add concrete slab, regulators, re-wire all electrical, and re-
locate both bioxide tanks. Will have to hook up to sewer if it will be occupied. Installation of a new
generator powered by propane rather than the one currently powered by oil.  
Scenario two A: New building 484 sq ft office area, handicap assessable, bathroom, small kitchen
area.  Computer, fax area. No second floor. Cost to build new structure,  trash removal, sewer hook-
up, landscape work, WPS service cost $137,000 or 283. per sq foot.  John asked where it should be
placed, Hugh responded that there are two possible locations you would loose two parking spaces
in one area and regain then in another.  John asked if all the ADA requirements were included, yes
responded Hugh but the prevailing wage would reflect current Green Bay rates. Real stone would
cost an additional $25,000.  It would be a 22x22 building.   
John Cox asked about heat sources for either of these proposals, Hugh suggests radiant heat either
way.  John opened to questions by the audience-.
Paul Burton commented that he feels loosing the current open space there would be a shame and
that we should bring the current building up to par to be used as needed and not congest the area
with another building at that site.  
Back to the Board for comment. Tim would like to have the EBC look at the remodel and see if
they are still interested, Kathy in favor of renovating the old building, Jane would rather see us
remodel rather than build new both John and Sue Sherman concur. John asked Hugh if his proposal
as presented is adequate to begin the project or would a new contract have to be developed to
proceed.  Hugh would like to meet again after he checks things like the floor joist, If we want to go
on he would have to prepare real drawings and plans that would be over and above his current
proposals probably for about another $4,800 and he would oversee the job.  John asked the Board
members if we should contract with Hugh at this time, Tim would like some input from the EBC
before committing to further cost, John asked Debbie Krause if they are content with the proposal,
Yes per Debbie but she can not speak for everyone. Debbie invited Hugh to the next EBC meeting
to present the proposal, yes he is willing.  Charity offered that Dave Alberts has not seen this plan
but has been kept in the loop regarding possibilities and is willing to re-locate the bioxide. Rachel
Willems asked if they did not designate the upper level as public space could the EBC have private
meetings there, yes responded the Board.  Next step is to forward to EBC.  
                            VILLAGE OF EPHRAIM
c. Report on Village Attorney’s opinion regarding the reading of letters and comments to Village
Board during the Visitor’s Comments portion of  a meeting and the handling of unsigned
correspondence: This item forwarded from July Board meeting.   
John Cox, Jane Olson and Charity Forsch consulted with the Village Attorney via phone concerning
this matter.  In regard to any Village Trustee being protected under personnel handbook, it appears
they are not protected.  Trustees are referenced sporadically in the Village handbook, they are not
mentioned in this type of situation.  
Secondly, they were advised by the Village Attorney that if the Board wishes to do so they could
create such policy. He stated that since we provide that coverage for employees he believes we
could provide that policy for Trustees. John  Cox personally feels that it is a first amendment right
to speak and the Board can not tell someone that they can not speak at a public gathering.  Attorney
also suggested that we create policy on how to deal with un-signed communications as well.  We
have to accept it as correspondence and it is a part of the record and stays part of the record.  Our
choice of action can be to do nothing after we have heard it.   
Kathy Kirkland mentioned a Zoning incident where the Administrator received communication
(phone) concerning an impending project. It was not heard because there was no written item
therefore it was considered hearsay and not actual communication, there was no public document.   
Charity Forsch provide additional Attorney comment in regard to possible policy and that the
Attorney would be willing to assist with determination of whether any specific item should be made
public, signed or unsigned. Attorney feels we should have written policy on file.  John Cox added
that because we are on the Government of this community, we are obligated to hear comment from
the public and we may be violating their first amendment rights by not allowing them to speak.
Kathy Kirkland feels that she would have the right to rebut such comment. It is a touchy issue, as
elected officials in local politics, people can and will comment. Tim Nelson commented that as
elected officials we are held to a higher standard and even when we are speaking as an individual
we can be perceived as an elected official.  When we begin fighting comments to determine if we
had a right to say something we are eroding the public respect and trust in its officials. By serving
as public officials we should expect to receive some negative comments.  Summation by John Cox
that baring no current policy Kathy is not protected from public comment under personnel
guidelines.  Fred Bridenhagen then inquired if Ms. Krause would be allowed to read her letter, Tim
Nelson invited Debbie to read the letter under Visitor’s comments below.  
d. Acceptance of Resignations: Diane Fardig and Carla Paulson have now officially resigned from the
Historic Preservation Committee. Craig Nedderson has resigned from the Tourism Board
Motion per Kathy Kirkland to accept the resignation of Diane Fardig from the Historic
Preservation committee and Craig Nedderson’s resignation as Ephraim representative to the
Tourism Zone Commission, seconded by Tim Nelson, all ayes, motion carried  
Appointments – Tourism Zone Commission, Historic Preservation Committee, and Board of Appeals  
As per current ordinance guidelines John Cox Village president designates Norma Hager as chair of the
Historic Preservation Committee.  
Motion per John Cox, to appoint Paul Burton and Jim Stollenwerk to the Historic Preservation
committee until 2012, seconded by Sue Sherman, all ayes, motion carried.  
Motion per John Cox to appoint Doug Schwartz to the Board of Appeals, seconded by Sue
Sherman, all ayes, and motion carried.  
Motion per John Cox to appoint Paul Flottman to the Tourism Zone Commission as the Ephraim
representative seconded by Sue Sherman, all ayes, motion carried.  
e. Discussion and consideration of Amendments to Code of Ordinances sections 1.37and 1.38:
                            VILLAGE OF EPHRAIM
 (3) POWERS AND DUTIES.   The Community Protection Committee shall have under its
responsibility the Volunteer Fire Department, any public or Village safety concerns, and shall make
budgetary recommendations to the Village Board by September 1st of each year.   
Motion per Sue Sherman to amend the Powers and Duties of the CPC to include all current
responsibilities of the Water Rescue Committee, seconded by Kathy Kirkland, all ayes, motion
1.38 Water Rescue Committee responsibilities to be combined with Community Protection Committee
duties. Trustees agree that duties of Water Rescue Committee to be absorbed by the Community
Protection Committee and the title of Water Rescue Committee deleted from ordinance. To be
addressed at public hearing in August
Motion per Sue Sherman to delete the title of Water Rescue Committee from current ordinance,
seconded by Kathy Kirkland, all ayes, motion carried.  
f. Discussion and consideration regarding Resolution Supporting Scenic Byways Designation: Charity
Forsch provided additional information gathered after last months meeting. Without our support
neither Gibraltar nor Egg Harbor Village can participate.  
Tim Nelson has reviewed the handbook and the only cause of concern he noted was the billboard
restrictions and he does not feel that will impact Ephraim. It would allow us access to Grant writing
and free advertising. No anticipated costs to Ephraim Taxpayers were noted. It is a promotional
program and can help a community with future development. Not intended to guide land use under
the Smart Growth program.  Ability to opt out in the future is available; it was noted by Charity
Forsch that if one community drops out all communities will be dropped.  Hopefully by the time a
community wants to drop out other members will have secured their grants for projects to be done.   
Motion per Tim Nelson that we sign documents to participate in the Scenic Byways program,
seconded by Jane Olson, all ayes, motion carried.  
 Discussion and consideration regarding bow hunting within Village limits: Season begins
September 12th.  .   
Motion per John Cox to allow Bow hunting yearly within Village limits until rescinded by the
Board, seconded by Kathy Kirkland, all ayes, motion carried.  
h. Discussion and consideration regarding Village-wide Technology Purchasing Plan: John Cox
presented the circumstance behind this topic. Kathy Kirkland asked how we would ensure all
departments are utilizing the same programs and equipment. Charity responded that Jason from
Wiz computer would be our IT specialist and he would be responsible for the installation of
approved programs.  John stated that our goal is to protect Village Data.  All computer purchases to
be budgeted and approved by the Board. Charity stated that the underground cable from the
Administrative office to the Fire Department has been installed by is not yet hooked up.  A Village
wide plan will help us prepare for the future. Kathy Kirkland suggests a check list be developed for
all computer purchases.   
i. Discussion regarding historic district Village public parking: John Cox would like the Board to
consider establishing a public parking sub-committee.  Suggests he, Jane Olson, the Zoning
Administrator, the Village Administrator and a member of the Planning Committee, Fire Chief and
a couple of others to look into developing a plan. Currently we are putting too much of a burden on
organizations to develop a parking plan for events.  Discussion by Board members on how we
would designate no parking without using that unattractive tape that looks like crime scene tape.
We need to develop a handout stating “this is what you have to do” added Kathy Kirkland.  Kathy
suggested that the traffic plan the CPC developed over the last two years is comprehensive and
should be looked at, there are many suggestions that are plausible. A few examples were provided
where established parking polices would have helped.  Item tabled for future discussion.  
j. Discussion and consideration of employee performance reviews:  Charity presented an evaluation
form that was formerly used by the village; she would like to use it again this year. Charity would
like each employee to complete a form evaluating themselves and the designated Administrator/
Supervisor or overseeing Committee would complete an evaluation and the two would be
compared. Charity stated that identifying accomplishments and establishing measurable goals is
                            VILLAGE OF EPHRAIM
key to a successful evaluation.   
 i.e. the Board would evaluate the Administrator, The Planning Committee and the Administrator to
evaluate the Zoning Administrator, Mike Mittermann would evaluate Jim Janda and Mike Skippon,
and Charity would evaluate Mike Mittermann, Keith Lindstrand would evaluate the Dock
Assistants and Charity would then do Keith’s, Dave Albert’s evaluates Brad Rasmussen & Russ
Salfi and in turn Dave would be evaluated by Charity and Karen McMurtry.  Additional discussion
regarding raises and incentives.  If a problem occurs it needs to be addressed and corrected or it
gets worse.   After this year evaluations to be done in March.  
k. Administrator/Clerk Report: Projects list reviewed by the Board, Charity mentioned that all of the
cut-offs are installed. Comments by Board members concerning the new down lights.  John likes
them Jane likes them, Tim likes them. Charity noted an error in the last vacation time sheet
provided to the Board, Brent’s displayed negative comp time; this was an error in the spreadsheet
and has been corrected.   
Motion per Tim Nelson to accept the Administrator’s report as submitted, seconded by Sue
Sherman, all ayes, and motion carried.  
7. Zoning Administration
a. Monthly Zoning Administrator Report: HPC discussion included in hand out for the Board.
Summation that if they do not have a quorum of HPC members for a meeting those in attendance
would be invited to join the Planning Committee meeting as consultants.
Motion per Sue Sherman to accept the Zoning Administrator’s report as submitted, seconded
by Tim Nelson, all ayes, and motion carried.  
8. Wastewater/Water
a. Plant Manager’s Report:
Motion per Jane Olson to accept the Wastewater Plant Manager’s report as submitted,
seconded by Sue Sherman, all ayes, and motion carried.  
9. Physical Facilities / Utilities
a. Discussion and consideration of Cedar Lane Repair: $5,220 to do road. Could be done by fall.  
Motion per Jane Olson to proceed with the proposed Cedar Lane road repair not to exceed
$5,220, seconded by Sue Sherman, all ayes, motion carried.  
b. Discussion and consideration of Placement of Guard Rail on Spruce Street: The Physical Facilities
committee reviewed this item at their last meeting, it has been suggested that two angled guardrails
placed there would be another option to improve safety.  Charity Forsch added that the guardrails
could be painted or dressed up to make them a little nicer to look at. Charity has contacted Thad
Ash for a quote and recommendation.  Tim Nelson offered that if you paint a guardrail you’re
asking for problems, concerned that someone could say it was not visible or could be visibly
distractive. Cost for the project approximately $1,000.    
Motion per  to proceed with the guardrails on Spruce Street repair as suggested in the
memorandum presented here tonight cost not to exceed $1,000, seconded by Kathy Kirkland,
all ayes, motion carried.  
c. Discussion and consideration of Moravia Street Wire Removal Project:  WPS has expressed
concerns with project as currently outlined as it would degrade the voltage carried thru the line.
They have proposed a new plan that /Charity presented
Motion per  to proceed with the proposed Moravia Street Wire removal project as presented
in memorandum dated 8/7/09 tonight cost not to exceed $8,000 , seconded by Sue Sherman, all
ayes, motion carried.  
d. Supervisor’s Report: No additional questions or comments.  
Motion per Sue Sherman to accept the Maintenance Supervisor’s report as submitted,
seconded by Tim Nelson, all ayes, and motion carried.  
10. Docks & Coastal Management  
                            VILLAGE OF EPHRAIM
a. Supervisor’s Report: No additional questions or comments.
Motion per Jane Olson to accept the Harbormaster’s report as submitted, seconded by Tim
Nelson, all ayes, and motion carried.  
11. Community Protection
a. Fire Chief’s Report : Tim Nelson noted repeated smoke alarms and was informed that they were
false alarms and Baileys Harbor has been billed for Firefighter time. No additional questions or
Motion per Jane Olson to accept the Fire Chiefs report as submitted, seconded by Kathy
Kirkland, all ayes, and motion carried.  
12. Treasurer’s Report
a. Bills to be paid: Kathy Kirkland asked about page 5, gardens & grounds questions asked about
purchase of another sprinkler and hose mender, Charity explained that with the drought we needed
extra sprinklers throughout the Village.   
Motion per Sue Sherman to authorize payment of bills as presented tonight, seconded by
Kathy Kirkland, all ayes, and motion carried.  
b. Treasurer’s Report : We balanced to the penny commented Charity Forsch
Motion per Tim Nelson to accept the Treasurer’s report as submitted, seconded by Sue
Sherman, all ayes, and motion carried.  
13. Communications / Correspondence: Two items in Board packets for review
14. Visitors’ Comments:  Diane Kirkland stated that she has sent a letter to the Board concerning a
situation at the Yacht Club function last week. Kathy Kirkland requests that this item be placed on the
September Agenda for discussion.   
15. New Business for Next Meeting: Jane Olson requests the Board discuss meeting decorum next month
as well. Jane Olson would like to discuss the CD received from the League of Municipalities; this CD
will be viewed and discussed by all Board members during the Board review on August 31st.  
16. Closed Session per Wisc. Stat. 1985 (1) (e) deliberating or negotiating the purchase of public
property, investing of public funds or competitive or bargaining reasons.
Motion per Tim Nelson to go to closed session per Wisc. Stat. 1985 (1)(e) deliberating or negotiating
the purchase of public property, investing of public funds or competitive or bargaining reasons,
seconded by Sue Sherman, poll of the Board- Kathy Kirkland aye, Jane Olson aye, Tim Nelson aye,
John Cox aye, Sue Sherman aye, all ayes motion carried.  
17. Return to Open Session:  
Motion per Sue Sherman to return to open session, seconded by Tim Nelson, all ayes, motion, poll of
Board, Kathy carried.  
Motion per Tim Nelson to present the offer as discussed, seconded by Kathy Kirkland, all ayes, and
motion carried.  
18. Adjournment
Motion per Sue Sherman to conclude this meeting of the Ephraim Board of Trustees, seconded by
Tim Nelson, all ayes, and motion carried.  
Recorded by: Susan Shallow- Deputy Clerk

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