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Village Board
Jan 12, 2009
PDF Version: 10521_2009-Jan-12_Village Board .pdf

Board Jan 12th 2009

Board Members: John Cox- President, Kathy Kirkland, Tim Nelson, Sue Sherman, Jane Olson
Absent: None  
Staff Members: James Kalny - Village Attorney, Diane Kirkland-Administrator, Brent Bristol- Zoning
Administrator, Dave Alberts- Treatment Plant Manager, Susan Shallow - Deputy Clerk  
Guests: Karen McMurtry, Paul Burton, Debbie Krause, James Stollenwerk, Rachel Willems, Pam Lecy,
Beth Meisner  
Call To order: Meeting was called to order by John Cox at 6:01 P.M.   
Changes in Agenda: None
Previous Minutes:  Sue Sherman requested a correction to the December minutes; she did not speak
with Mike Mittermann regarding the Hall kitchen remodeling, and Mike spoke with Anne Alberts, a
local caterer, and Vicky, a representative of Lampert’s.  
Tim Nelson requested a change to page 2 of the December minutes regarding the Wastewater/Water
motion Tim made the motion to accept the Plant Manager’s Report and Jane Olson made the second.    
Motion by Sue Sherman to approve the December minutes as amended, seconded by Tim Nelson
all ayes - motion carried.  
Motion per Kathy Kirkland for the Board of Trustees to go to closed session per Wisc. Stats
19.85 (1) (f) and 19.85 (1) (g), seconded by Jane Olson, all ayes.  
After discussion the Board returned to open session upon motion and second and continued with the
posted Agenda.
Visitor's Comments:  Jane Olson made a brief presentation on behalf of the Library Committee; Jane
distributed a book as part of the County’s “The Big Read.”  
Plant Managers Report: Dave presented a written report for review.   
Motion per Sue Sherman to accept the Plant Manager's report; seconded by Jane Olson, all ayes
- motion carried.  
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Price for Water Testing: Dave and the WW Committee spoke about perhaps increasing the price for
water tests in 2009; after much discussion they have decided that prices will remain the same.  John Cox
inquired about the possibility of WW reducing the price for water testing, to encourage more private
testing. Dave offered statistics on the success of the testing and the income it has generated for the
Bar (Screw) Screen purchase: Dave Alberts and committee chair Karen McMurtry will continue to
investigate possible sources for a new screw screen for the Plant.  Lee's contracting was the low bidder
but there were items left out of their written bid.  
Clarifier Rebuild Contract:  Approved for re-building the clarifier at the Plant - $15,660 contract here
tonight for John to sign.  
Motion per Jane Olson to approve the contract forwarded by the WW Committee and allow
John Cox to sign the contract for rebuilding the Clarifier; seconded by Sue Sherman, all ayes
motion carried.  
Grease Trap Ordinance Change:  Language is still in development by Committee members and Dave
Alberts.  Tim Nelson suggested that they take a look at the brochure Fish Creek puts out on proper
maintenance of grease traps.  
Physical Facilities/ Utilities  
Supervisor's Report: Board reviewed Mike Mittermann’s report. The Board reminds Mike that it is
not Moravia Lane.
Motion per Sue Sherman to accept the Physical Facilities Supervisor's report; seconded by Tim
Nelson, all ayes - motion carried.  
Open Sand Bids for Beach: We have received six bids for opening tonight.  
Rass Excavating and Materials LLC -$9,984.00 for 512 cubic yards of sand
Daubner Masonry- $10,000.00 for 300 cubic yards
JF Construction - $10,000.00  for 506 cubic yards
Lily Bay Sand & Gravel - $10,000.00  for 550 cubic yards
Mike Cole Iron Works - $10,000.00 for 556 cubic yards
Harbor Construction - $10,000.00 for 500 cubic yards
The budget given was $10,000 – the differential is in the cubic yards they could provide.   Brief
discussion by the Trustees regarding the sand quality and quantity.  Board would like to go with Iron
Works for this project.  Diane Kirkland will verify the grain size they are to provide.
Motion per Kathy Kirkland to accept the Iron Works proposal pending clarification and
approval of grain size, seconded by John Cox, all ayes - motion carried.  
Board Jan 12th 2009
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Monthly Zoning Administrator Report
Motion per Tim Nelson to accept Zoning Administrator's Report, seconded by Sue Sherman, all
ayes - motion carried.  
FEMA maps and ordinance language; set for February Public Hearing.  This is a mandated change.
Motion per Jane Olson to set the FEMA maps and ordinance language for public hearing in
February; seconded by Sue Sherman, all ayes -  motion carried.  
Bicycle Federation of WI information - Information has been received concerning a proposal that the
Federation be allowed to look at bike paths in Northern Door and make proposals for enhancements as
they deem necessary.  Diane Kirkland mentioned that the County’s proposal would cost approximately
$40,000.00 to complete and that’s just to get the current condition and suggestions.  Kathy Kirkland
provided additional information about these plans and their intended goal.  Diane Kirkland will call
Gibraltar for additional information as well as find out whether the County is going ahead.   
Administrative/Clerk Report   
Motion per Jane Olson to accept Administrator/Clerk's Report, seconded by Sue Sherman, all
ayes motion carried.  
Pam Lecy, President of the Hardy Board, and Elizabeth Meisner-Gigstead, Executive Director of the
Hardy, were here tonight to speak with the Board about the possibility of allowing limited sales at the
Hardy Gallery location. The area they would like to designate would be a corner of the gallery and be
approximately 2 to 3 shelves. They spoke about the economy and the need for the Hardy Gallery to find
someway to offset their expenses. They are a 501C(3) not for profit entity currently existing on
donations. Though there are strict guidelines for maintaining their 501C(3) status - they can be allowed
through their status to sell at the gallery. To cut their currents costs they have recently eliminated the
Uptown Gallery.  They do not want to charge for admission to the Gallery.  To increase future revenues
they would like to open a small gallery store to sell merchandise at Anderson Marina. They would like
the Board to consider this tonight.  
Beth provided information regarding earned income and maintaining their not for profit status.
Unrelated income is the category title under which they could sell these items. In February they signed a
declaration to not sell any original items. Beth read a brief article written about Art and access by the
public.  The items they proposed to sell will not compromise the exhibits or local shops. Proposing a
small section or corner of the gallery for this purpose to include books, slides and prints and may be
related to the original art. Tim Nelson asked about the fine line between exhibit related merchandise.  
Beth read a description of what the fine line was and the types of materials they could sell.  
Kathy Kirkland stated that she is more confused now than before. Kathy would rather see more local
artists’ products being sold at the gallery.  Tim Nelson also feels they should sell their own items.  Tim
does not want the Hardy Gallery to become just an outlet for other stores.  John Cox asked how much
space they were suggesting to be used for saleable items. Beth responded it would be a very small area.
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Items will be related to Ephraim art and local artists. Beth provided examples of the types of items they
would sell, a glass dish, a gourd wrapped with home made felt, note cards and a copy of the art projects
poster. They spoke about the project from last year and that they will do this again due to its success.
They would like to do another poster of the finished project.  
Kathy Kirkland asked Beth if they had done a cost analysis, and do they really think two shelves would
help pay the bills.   John Cox clarified that their intention is to supplement existing dollars. An art
Gallery Store or a Museum Store is what Pam Lecy called it;  technically is it commercial yes, but not in
competition with other shops.  Before the 501 status they did sell items there.  Jim Stollenwerk said that
years ago artists brought their item there to be sold; artists who could not afford to own their own
gallery.   Diane Kirkland said later it was only a few CDs or books on the table, not a “store” set-up
until Jan Comstock set up a corner shop unknown to the Board.    In 2005, the Board determined that
their lease did not allow the type of sales they were doing—purchased items for resale, etc., and not
related to the Gallery.  
Tim Nelson commented that there are two issues here and he would like them dealt with separately.  
The first is that the does the current lease allow for sales at that location? The second is the merchandise
that could be sold there per the State regulations of 501c(3) organizations.    
John Cox added that we know that at some time there were items sold there and suggested that perhaps
they should be offered a grandfathered status.  Jane Olson asked about their current lease and added
that if sales are not restricted in the current lease are there other reasons they should not be allowed to
sell from that location. Jane understands the current economic times and agrees with Beth’s statement
that art should be available to all.
Paul Burton suggests that if the Board thinks it is a good idea perhaps the way to allow this is to
examine the ordinance and perhaps change it if necessary to permit this.  Diane Kirkland suggested that
changing language to allow sales in the Protected Waterfront zone would open it up to all property
owners in that area. Paul Burton commented that the Anderson Foundation Store sells items and he
does not feel this is much different. Sue Sherman added that it is not that they are asking to make sales a
profit center, they are just trying to defray their costs in order to stay open.  Suggested to add language
to make it relate to non-profits, which are there already.
John Cox would like to sit down with Pam, Beth and Zoning Administrator, Brent Bristol, and talk
further about this.  If there is a current method to grant this we should allow this, if the ordinance
forbids this the Board should forward this item on to the Planning Committee for further review. A
meeting will be arranged.
Tim Nelson’s concern is that he does not want to see a non-profit entity in direct competition with a for
profit business; that would not be fair. They should not be competing with tax paying businesses in
Ephraim Business Council year-round quarters; lease for current location - Rachel Willems, Debbie
Krause and Jim Stollenwerk were here tonight to represent the Ephraim Business Council (EBC). They
are not ready to talk about year round quarters tonight and would like to be placed on a future agenda.
Diane Kirkland had prepared a chart to show a comparison between other Village building leases and
the proposed lease for the Business Council.   Some of the major differences are that other lessees pay
Board Jan 12th 2009
Page 5 of 7
their own utilities, maintenance, garbage removal, and phone and internet access. Currently we pay all
utilities and there is no rent for the building they occupy.  Debbie Krause stated that the EBC expressed
that it may be premature to sign a lease if they decide not to continue at the current location.  
Tim Nelson asked if we should modify this proposal to reflect seasonal use.  Kathy noted that the pre-
school has a seasonal use lease, September-June. John Cox feels this should be worked out before they
open for the season in May; perhaps a reasonable rent fee for months of use.  Diane clarified their need
for adequate liability insurance etc. Tim Nelson would like a statement added about mutual consent
necessary in order to break the lease. Tim thinks we should have a lease in place, and as we proceed
with other arrangements we will at least have a document to start with. Diane Kirkland to rephrase the
lease for this season’s use.
Pick order for Ballot:  Rachel from the EBC was invited to draw for ballot position
For the position as President:    (1) John Cox     (2) Diane Kirkland  
For the positions of Trustees:  (1) Sue Sherman  (2) Paul Burton  (3) Jane Olson
Jack Moneypenny - Resolution from the Board to Designate Funds from Sturgeon Bay Room Tax. Mr.
Moneypenny is asking the Trustees to designate our local agency (The Ephraim Business Council) as
recipient of the funds.  The EBC would then be responsible to report directly to his office regarding
how those funds are spent.  
Motion per Jane Olson to allow John Cox to designate a recipient for the funds from the
Sturgeon Bay room tax, seconded by Sue Sherman, all ayes, motion carried.
 Date and procedures for transition to new Administrator/Clerk: John Cox requested that this be on
tonight’s agenda. Next Monday, Charity Forsch begins as Administrator/Clerk.  John Cox wants the
transition to proceed as smoothly as possible. Diane Kirkland indicated that she would like to be part of
the upcoming Audit in February and Diane noted that that will be during her last week here.  John
would like Diane to explain how the 160 hours will be spent alongside Charity.  
Tim Nelson commented that when the Board designated a month of Diane’s time for training Charity,
they did not expect them to necessarily be consecutive days. We want to be respectful of Diane’s time
as well. Diane clarified that per Wisconsin Retirement, she cannot provide service to Ephraim for a
period of 30 days after stopping employment. Any infraction could jeopardize proper payment of
benefits to Diane.  Diane further explained that she has to give ETF a definite date of departure after
that she can not provide any type of service to the Village. Tim Nelson clarified that for the record
February 20th in the target date for separation.  Diane’s goal is to bring Charity up to speed in regard to
elections, audits and Fundware and four pages of other items—current projects, future projects, etc.  
After March 20th either Diane can come back as a 1099 or just fill in a day or two as needed, like for
quarterly reporting, if needed. Tim Nelson stated that we have a new employee--we did not get a Diane
clone if and when she makes a mistake she and we will live with it, there will be changes. It is part of the
learning curve. Diane offered to do a periodic short synopsis for the Board on what she and Charity are
doing while Diane is still here.
John Cox asked about current employees; Diane will introduce Charity to the employees and let them
know she is in charge as of her start date. Diane has already begun contacting at the County and State
level and telling them to change to Charity Forsch as the Administrator/Clerk.   
Board Jan 12th 2009
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Docks & Coastal Management: It was noted that Keith Lindstrand’s hours have been reducing over
the last couple of years and if the trend continues he may not qualify for Wisconsin Retirement.  John
Cox responded that the past couple of years Keith’s services were need for other Village projects and
John assured the Board that this will be a more normal year for Keith, and they should see a rise in
hours commensurate with his agreement with the Village of Ephraim. John noted that Keith will be
hiring new staff for the season this year.   
Community Protection:  Fire Chief's Report - Niles written report has been distributed to the Board
members for review and comment.  
Motion per Tim Nelson to accept the Fire Chief's report, seconded by Sue Sherman, all ayes
motion carried.  
Event Parking Plan Recommendation: Jane Olson said the CPC had a public meeting and only 5 people
showed up. Neither Walt nor Fred Bridenhagen approved on the one-way streets and felt it would be
confusing. Jane is here tonight on behalf of the committee asking for the Board’s support for this plan
especially with heavy special events coming up in 2009.    
The State said we would have to have one-way if we are going to have limited parking on the street.
John has concerns with only south bound on 42 on Saturdays.   Sue Sherman is in the affected area and
she is willing to try it and see if it can work.  Tim wants to really watch to see if this traffic alteration
affects the visitors, or if it is the locals who have the most difficulty. Most of the visitors have dealt with
one way streets before the locals may not have. Pulling out of your driveway your going to have to
think that day, commented Jane. This is safety-oriented plan.  
Jane explained will be additional signs, cones, etc., and we will have to hire officers during the street
shut down periods.
Motion per Tim Nelson to support the CPC parking plan as presented, seconded by Sue
Sherman, all ayes - motion carried.  
John Cox added that his support of this plan is contingent upon the State’s approval and any
suggestions they may have. The County usually goes with the State’s recommendation.   
Treasurers Report: Tim Nelson asks about Mike Mittermann’s reimbursement for safety goggles.  
They are prescription, undoubtedly, which adds to the cost.
Motion per Sue Sherman to accept the Treasurer's Report as presented, seconded by Tim
Nelson, all ayes - motion carried.  
Bills to be Paid:  
Motion per Sue Sherman to authorize payment of all bills as presented tonight,
Seconded by Tim Nelson, all ayes - motion carried.  
Board Jan 12th 2009
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Communications/Correspondence:  Letter from Dick Van De Ven regarding the Visitor Center
renovation -  a copy of his letter will be attached to these minutes.     
Old Business: Appoint interim replacement for HPC vacancy. John suggests Joan Lewis for this vacant
spot. Diane Färdig would also be interested in this position. The Trustees conversed about opinions vs.
conflict of interest. This is a potential three-year term, as she may be asked to continue after the May
Motion per Tim Nelson, to invite Diane Färdig to join the HPC committee for the remainder of
Marc Paulson’s vacated term, seconded by Jane Olson, all ayes - motion carried.  
New Business for next Agenda: Public Hearing for FEMA, Museum Business Plan with Niles
Visitor's Comments: None
Motion per John Cox to adjourn this meeting of the Ephraim Village Board, seconded by Tim
Nelson, all ayes  - motion carried.  
Respectfully submitted,
Sue Shallow, Deputy Clerk

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