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Selected Village Board Minutes
Special Village Board Meeting
Dec 14, 2009
PDF Version: 10538_2009-Dec-14_Special Village Board Meeting.pdf

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Present: John Cox-president, Jane Olson, Kathy Kirkland, Sue Sherman, Tim Nelson
Staff: Charity Forsch- Administrator, Susan Shallow-Deputy Clerk
Visitors: Karen McMurtry- Closed Session, Hugh Mulliken, Rachel Willems, Paul Wilson,                              
              Debbie Krause, Miles Dannhausen
 
Special meeting called to order by President Cox at 6:30 p.m.
Move into Closed Session Per §19.85 (1) (c) employment, promotion, compensation or performance
evaluation of employees.
Motion per Nelson, seconded by Olson to go into closed session per 19.85 (1) (c) employment,
promotion, compensation or performance evaluation of employees, Kirkland aye, Olson aye,
Nelson aye, Cox aye,  motion carried.  
 
Sherman arrived at 6:33PM
Motion per Nelson, seconded by Kirkland to reconvene in Open Session. Kirkland aye, Olson
aye, Nelson aye, Cox aye, Sherman aye, motion carried.  
 
Motion per Kirkland, seconded by Nelson to adjourn this special meeting of the Board of
Trustees until 7:00 PM, Kirkland aye, Olson aye, Nelson aye, Cox aye, Sherman aye, motion
carried.  
Call to Order :  Regular meeting called to order by President Cox at 7:12 p.m.
Changes in Agenda: None
Review and Approve November 9, 2009 and December 3, 2009 Village Board Meeting Minutes
Motion per Sue Sherman to approve the November 9th meeting minutes as presented, seconded
by Tim Nelson,  all ayes, motion carried.  
 
Motion per Tim Nelson to approve the December 3rd meeting minutes as presented, seconded
by Sue Sherman , Kathy Kirkland abstains , Jane Olson Aye, Tim Nelson aye, John Cox aye,
Sue Sherman aye, motion carried.  
 
Visitors’ Comments: None
 
Public Hearing regarding Ordinance 08-2009 §17.26 (13) (d) (3) Zoning Ordinance - HPC
Powers and Duties Administration. Charity Forsch explained history. After brief comments by
President John Cox, the topic was opened to Board members.  Jane Olson commented that she feels
that the changes indicated are over kill because there were only two times that the HPC failed to
secure a quorum and could not meet. Charity explained that although there were only two times this
occurred we have had to call members several time in order to reach a quorum. Kathy Kirkland
agrees with Jane Olson and Kathy would like to see the office call and remind members just prior to
each meeting, also if the HPC is unable to secure a quorum the members who can attend could be
integrated into the Planning Committee as voting members. John explained that they could not vote
as part of the Plan Committee due to the limitations on voting members set by the State statutes.  
Brief discussion between Kathy Kirkland and Tim Nelson who advocated the suggested changes and
feels they will better serve our citizens who are trying to secure a hearing and a permit. John Cox
stated that this topic went to both the HPC and the Plan Committee for review and they both
approved these changes and it is now at Public Hearing. John reminded that the HPC was formed as
BOARD MEETING MINUTES
MONDAY DECEMBER 14, 2009 – 6:30 P.M.
V E O ,N
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an advisory committee to the Plan Committee. Sue Sherman agrees with Tim Nelson that our goal is
to serve the residents and that committee members should be responsible for their attendance at
scheduled meetings.  
 
Motion per Tim Nelson to approve the suggested changes to Ordinance 08-2009 §17.26 (13) (d)
(3) Zoning Ordinance - HPC Powers and Duties Administration, seconded by Sue Sherman Poll
of Board members-  Kathy Kirkland aye, Jane Olson nay, Tim Nelson aye, John Cox aye, Sue
Sherman aye,  motion carried.  
Kathy Kirkland wants to go on record to state that although she voted aye, she does not approve of
the changes.  
 
Administration
 
a. Discussion and consideration regarding 2010 Wastewater Debt Funding. Charity explained
why this has occurred and how it will be resolved. In contacting the County for parcel numbers to
they provided a figure that did not take into account exempt parcels, which has caused our need to
correct funding.  
 
Motion per Tim Nelson to approve resolution 8.009, seconded by Jane Olson, all ayes motion
carried.  
 
b. Update Regarding Remodel of Smith Garage: Forsch provided a brief update on this project;
Charity indicated that Mr. Mulliken would like the Board to consider keeping the old generator and
housing it differently.  Drawing of setbacks required is attached to the Board handout. Hugh
provided a brief re-cap of what he has provided for their review and comment. John Cox asked for
clarification of where this project stands today and how we proceed from here. Forsch commented
that the plans submitted seem to match the requirements provided previously by the Board. Current
generator will be enclosed to reduce noise. Tim Nelson was in that area recently and did not think
the noise was unbearably loud. Tim questioned the alternate placement of the LP gas tank which
will be on top of the Bioxide tank, the diesel tank will also remain. Mulliken noted that fuel tanks
must be at least 10 foot from any property line. There may be a lot coverage issue which will have
to be addressed with the Zoning Administrator.  
 
Next step in the project is to address the interior of the building and issues brought forth to the
Administrator and Board. Board may approve this preliminary plan by consensus, for now.  This
can be addressed again next month. Charity provided a brief review of some of the interior issues.
The sewer lateral, concerns about electrical equipment being placed in a room with a water
problem and any additional floor plan issues. We have been advised by an electrical consultant not
to place equipment where the panel is located. The generator will be on a slab with a fence around
it to buffer the noise. The $12,000 is to weather proof, as part of Hugh’s plan, other items will add
to that cost. By consensus the Board is comfortable with the plan Mr. Mulliken presented tonight
and directs him to provide in depth drawings for the January Board meeting and to meet with Ms.
Forsch next week to discuss interior issues.   
 
c. Discussion and consideration regarding McMahon Associates Agreement for
Professional Services – Smith Garage.  Item postponed for future consideration.  
 
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d. Discussion and consideration regarding Event Ordinance -Forsch provided a synopsis of
this topic. The Plan Committee is looking for direction from The Board regarding whether we need
an event ordinance. Charity provided clarification on why an ordinance was suggested, there is no
easy format. John Cox added that our actions must reflect the written word of our ordinances. Tim
Nelson asked if the Board is the body that needs to address our ordinances to clear something up
such as the no alcohol issue. The example discussed was the beer truck with a sign placed on a
public street at a function last summer. Per Ms. Forsch, the only part of a permit we can review is
that which involves public property.  
 
Jane Olson wants clarification of who needs to come up to the office for a permit. Charity and
Bristol will work together to provide suggestions for the Board.  Regarding parking restriction
Charity added that we do not restrict parking in our current ordinance; all of Ephraim is public
parking, the same with crowd control. John Cox noted that we have no police enforcement for our
ordinances.  Tim Nelson asked if a private property owner has some recourse if someone is blocking
their driveway.  Only recourse would be to call the Sheriff’s office or possible have them towed.  
 
Board members discussed other issues such as alcohol at events at the Hall as well as at other public
functions and how and when they are allowed. . Tim Nelson suggested that we come up with a list
of some possible scenarios and present them to the State representative for comment. Everybody
wants to have an orderly way to do things. Sue Sherman noted that the CPC worked on and
presented a parking plan that the Board then put on hold.  Paul Wilson an audience member was
asked for comment; he believes that parking only on one side on the narrow streets was a good
direction.  Smaller events such as the windsurfer event will also need to complete an application for
a permit. Tim Nelson asked Charity Forsch if we should use elements of the CPC plan to address
event parking.  
 
 
Yes, responded Charity who added that a previous motion by the Board authorized a meeting with
the Fire Chief and others to discuss event parking. Applications for events will be reviewed to
ensure that we are asking the right questions. John Cox asked if they intend to delegate these issues
to the Plan Committee, John feels that this topic has nothing to do with Zoning and the issues may
be better suited to the responsibility of the Board.  Kathy Kirkland feels that alteration of permit
applications may suffice, without adding additional ordinances. Kathy states that there is an
ordinance regarding alcohol in the Village but Tim Nelson thinks that the current language is
ambiguous.  Charity and Brent will review applications and have suggestions for next months
meeting.  
 
e. Discussion and consideration regarding Nuisance Ordinance – The plan committee was
charged with looking into this but they did not meet in November. John Cox would like to discuss
this again at Board level, John does not feel this is a Zoning matter, but it may be a Board issue. Tim
agrees it should stay at this level, Kathy asked about other communities and Charity replied it is not
handled by their Plan Committees. Charity directed to investigate the County and other community
and how they handle Nuisance Ordinances. By Consensus all Board members agree to keep this issue
at Board level.  
 
f. Discussion and consideration regarding Northern Door Volleyball League Proposal to
Add Third Court. Miles Dannhausen here tonight to represent the Northern Door Volleyball League
who want to add a third court to the Airport property at no cost to the Village of Ephraim or the Town
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of Gibraltar which has previously  approved this plan. Tim Nelson commented that it is great that the
property is being used. The Board thanked Mr. Dannhausen for addressing any questions they may
have had in his handout to the Board.   
 
Motion per Jane Olson to approve the proposal of the placement of a third court, seconded by
Kathy Kirkland, all ayes, motion carried.  
 
g. Discussion and consideration regarding Bench Donation – Peggy and Peter Haesler. The
Board has reviewed the fine letter requesting allowance of a bench donation.  
Motion per Jane Olson to approve the donation of a bench, seconded by Sue Sherman, all ayes
motion carried.  
 
h. Administrator/Clerk Report
 
Motion per Sue Sherman to accept the Administrators report as presented, seconded by Jane
Olson, all ayes, motion carried.  
 
Zoning Administration
a. Monthly Zoning Administrator Report
Motion per Jane Olson to accept the Zoning Administrators report as presented, seconded by
Tim Nelson, all ayes, motion carried.  
 
Community Protection
a. Fire Chief’s Report   
Motion per Tim Nelson to accept the Fire Chief’s report as presented, seconded by   Jane
Olson, all ayes, and motion carried.  
 
Physical Facilities / Utilities
a. Supervisor’s Report
Motion per Sue Sherman to accept the Physical Facilities Supervisor’s report as presented,
seconded by Tim Nelson, all ayes, and motion carried.  
 
Wastewater/Water
a. Consideration and Recommendation regarding Purchase of Water Distiller.  Water will
be sharing the experience of maintaining the distiller
b.  
Motion per Jane Olson to approve the purchase of a water distiller not to exceed $6,000, to be
paid out of the water reserve account, seconded by Tim Nelson, all ayes, motion carried.  
 
c. Plant Manager’s Report
d.  
Motion per Tim Nelson to accept the Plant Manager’s report as presented, seconded by Sue
Sherman, all ayes, and motion carried.  
 
 
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Treasurer’s Report
a. Bills to be paid – The Good to go bill does not appear on the report because the check
was printed after last months Board Meeting. The services were for the fall close up of
the public buildings.  Tim Nelson asked if we get any mileage or cash back benefits
from use of the Village credit card. Charity responded no and we may not qualify since
we are a not for profit organization.  
 
John Cox asked if the Marina gets a streetlight reimbursement for the lights on the East
side of Water Street, we will look into reimbursing the Marina for Streetlight meter use.   
 
Motion per Sue Sherman to authorize payment of the bills presented tonight; seconded by Jane
Olson, John Cox aye, Kathy Kirkland aye, Jane Olson aye, Sue Sherman aye, Tim Nelson
abstains, motion carried.  
 
b. Treasurer’s Report
Motion per Sue Sherman to accept the Treasurer’s report as presented, seconded by Kathy
Kirkland, all ayes, and motion carried.  
 
1. Communications / Correspondence: None
 
2. Visitors’ Comments: none
 
3. Move into Closed Session Per §19.85 (1) (e) Deliberating or negotiating the purchase of
public property, investing of public funds, or competitive or bargaining reasons.
Motion per Kirkland to go to closed session per §19.85 (1) (e) Deliberating or negotiating the
purchase of public property, investing of public funds, or competitive or bargaining reasons,
seconded by Nelson, all ayes, motion carried.  
 
4. Reconvene in Open Session
 
Motion per Kirkland to reconvene the open meeting of the Board of Trustees, seconded by
Nelson, all ayes, motion carried.  
 
5. New Business for Next Meeting: None
6. Adjournment
 
Motion per Nelson to adjourn this meeting of the Board of Trustees, seconded by Sherman all
ayes, motion carried.  
 
 
 
Respectfully submitted,  
 
Susan Shallow-Deputy Clerk



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