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Village Board
Jul 13, 2009
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VILLAGE OF EPHRAIM Board of Trustees meeting minutes
Monday july 13TH, 2009
Page 1 of 6
 
Members Present John Cox, Tim Nelson, Kathy Kirkland, Jane Olson, Sue Sherman,
Staff: Sue Shallow, Niles Weborg
Visitors : Curt Skinner, Hugh Milliken, Gary Krause, Rachel Willems, Debbie Krause, Paul Burton, Merv
Somerhalder, Kevin Mullen, John Neville
 
1. Call to Order: Meeting called to order by chair John Cox. It is noted that all are in attendance and a quorum has been
achieved.
2. Changes in Agenda: None
 
3. Review and Approve June 8, 2009 Village Board Meeting Minutes. Kathy Kirkland inquired about the reference
to Kurt Skinner’s letter regarding suggestions for the third tennis courts. Kathy asked if contents should be spelled out in
the minutes. The other Trustees feel that since the suggestions were forwarded on to the Physical Facilities Committee
for consideration, they would address the letters content.
Motion per Tim Nelson to approve the June 8th Board minutes, seconded by Jane Olson, all ayes, motion
carried.
 
4. Visitors’ Comments: Debbie Krause read a letter concerning FYR BAL; many positive comments have been
received. The EBC thanked Charity Forsch for her help and acknowledged the efforts of Rachel Willems and her staff
for the hard work they provided to make this years event an outstanding success. There was one negative encounter and
as Debbie Krause began to comment on this she was stopped mid stream when Kathy Kirkland requested that this item
be handled in closed session by the Board and treated as a personnel issue. After much discussion regarding the
appropriateness of allowing comments to be read Tim Nelson suggested that the Village President and another Trustee
consult with the Village Attorney regarding this issue and report back to the other Trustees prior to making a decision.
This item to be re-addressed at either the August Board meeting or in a closed session of the Board if determined
appropriate.
Diane Kirkland would like to comment on an item under bills to be paid.
Hugh Mulliken would like to comment on items 6 D & E.
 
5. Hearing §21.03 Ephraim – Gibraltar Municipal Airport Vehicle Ordinance
a. Discussion and consideration regarding Airport Vehicle Ordinance. Board reviewed document
changes that were requested last month have been incorporated.
Motion per Jane Olson to adopt the Gibraltar Municipal Airport Vehicle Ordinance as presented, seconded by
Tim Nelson, all ayes, motion carried.
Poll of the Board - Kathy Kirkland aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue
Sherman aye, it is noted that the Trustees as a whole approve this ordinance.
 
6. Administration
a. Discussion and consideration regarding 2009 Airport Fuel Rates. Board reviewed document presented John Cox read
item to audience. Guest John Neville spoke briefly about the new fuel system which started last weekend. Kathy
Kirkland inquired about the price of gas vs the commission’s decision to not raise parking fees and the Boards desire to
encourage the Airport Commission to have a more balanced fiscal budget. During the next budget cycle the
Commission and the Board will address the Airport budget.
Motion per Jane Olson to authorize the Airport Commission to adjust Fuel rates with a minimum of
.35 markup over cost or more as determined reasonable and competitive, seconded by Kathy
Kirkland, all ayes, motion carried.
 
Page 2 of 6
 
John Cox asked Merv Sommerhalder about the chairmanship of the Commission “does it vacillate between
municipalities”. Merv responded that the Commission votes for the Chair. Diane Kirkland reminded the Board that they
requested a second lead test after installation of the fueling system. John Cox would like previous minutes checked
regarding this item. Board authorizes Administrator to send letter concerning timeliness of communications from
Gibraltar regarding Airport proceedings.
 
b. Discussion and Consideration regarding Resolution Authorizing the Issuance and Sale of $1,810,000 General
Obligation Promissory Notes. Kevin Mullen a rep for Hutchinson Shockey Erley & Co. presented material to the Board
and spoke concerning the Bond issue. The Village received an AA- Credit rating whic h is high value and is indicative
of a strong per capita management style. Reviewed the Bond rate and sales went very well. Reviewed the resolution
with
the Trustees, it’s a 10 year note and goes out until 2019. Total Bonding cost was 3.37% of the borrowing cost
approximately $42,698.
Motion per Kathy Kirkland to adopt the resolution authorizing the issuance and sale of
$1,810,000 General obligation promissory notes, seconded by Sue Sherman, all ayes, motion
carried.
Poll of Board members-Kathy Kirkland aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye. It is
noted that the Board of Trustees as a whole approve this Bond issue.  
 
c. Discussion and consideration of Ephraim Business Council Lease. A proposed lease has been provided to the Board.
It is a one year lease. Board discussed rental rate and splitting utilities, cleanup by our maintenance dept of the
Bathrooms, EBC will maintain the office. Minor language and reference changes.
Motion per Jane Olson to approve the commercial lease agreement of the Ephraim Information
Building Parcel # 121-24-0042D2 to the Ephraim Business Council at a rental rate of $1.00, per
year and with corrections as designated, seconded by Sue Sherman, all ayes, motion carried.
 
John Cox will sign lease after changes indicated have been completed. Lease will then be forwarded to the EBC for
review and signatures.
 
d. Discussion and consideration of Ephraim Business Council request for year round location. John
Cox provided information for the audience about what has been done to date regarding the
feasibility of re-designating this buildings use.
 
Hugh Mulliken a local contractor has also looked at the building and has provided suggestions. Hugh noted that the
building needs shingling, noise from the generator and other changes to the current building will be required and can be
expensive. Hugh feels the costs to change all these things to make it habitable would be better spent by building a new
building at that location. For a fee of $4,800 he would develop two plan proposals one for the remodeling of the current
building and a second for the construction of a new building. John responded with a synopsis of what he thinks needs to
be addressed with the current building and the need to not loose additional parking spaces. Kathy Kirkland suggested
that adding a new building would still leave the Village with a building that needs repair, feels it better to “Make it
Right’ and remodel the current building. It was noted that the berm was part of the sales agreement with the Foundation
and it must be maintained. Set back averaging would take care of the setback problem if the Board decides to build a
new building there.
 
Motion per Tim Nelson that the Board with input from the Ephraim Business Council (EBC) commit
to finding a year round location for the EBC, seconded by Sue Sherman, all ayes, motion carried.
 
 
Page 3 of 6
 
There was additional discussion about renovation of the Smith garage vs a new building at the site. Jane Olson
suggested we seek figures on both with the goal of at least moderate remodeling of the current building first. Kathy
Kirkland concurs, Sue Sherman inquired about Dave Alberts (WWTP) feelings about the proposed changes and their
needs for storage and the generator. An underground storage tank for the bioxide needed by the plant and a home for the
generator will meet their needs. Kathy Kirkland would like to see Hugh’s plans, Jane Olson, Tim Nelson, John Cox and
Sue Sherman would also be interested in viewing additional plans before committing to a project.
 
Motion per Tim Nelson to authorize Hugh Mulliken with input from the Village Administrator to
provide a plan for both the remodeling of the Smith Garage (parcel # 121-24-0042D) and a plan for a
new building at the site, cost to develop plans not to exceed $4,800, seconded by Jane Olson, all ayes,
motion carried.
 
e. Discussion and consideration of McMahon Proposal for Considering Options to Renovate Smith Garage- Item on
hold pending further review of plans to be submitted by Hugh Milliken.
 
f. Discussion and consideration of Anderson Dock Parking Lot Lease. Diane Kirkland suggested that the Village
Attorney be consulted concerning the tax the Village is required to pay on the property. It was noted by John Cox that
the property is up for sale and the tax issue may not exist once the property is sold.
Motion per Tim Nelson to approve the lease of the Anderson Dock parking lot, seconded by Sue
Sherman, all ayes, motion carried.
 
g. Appointments - Airport Committee
Motion per John Cox to invite Martin Franke to join the Airport Committee, seconded by Sue
Sherman, all ayes, motion carried.
 
John Cox informed the Board that he has received a letter from Diane Fardig. Carla Paulson has sent an email indicating
she has decided to resign from both the Board of Appeals and the Historic Preservation Committee, effective
immediately. Per current ordinance John has appointed Karen McMurtry as chair of Board of Appeals. Doug Schultz
has shown interest in becoming more active on the Board of Appeals and would like to serve as a regular member.
Appointment of Doug to the BOA will be addressed on the August agenda. Norma Hager stated she is willing to chair
the Historic Preservation Committee; this item will also be placed on the August Agenda.  
 
h. Discussion and consideration of Amendments to Code of Ordinance Section 1.31 (1) (d), 1.35(3) and 1.36 (3). Board
members reviewed suggested changes.  
 
1.31 (1) Adjust to read” The plan Committee shall consist of the Village President, who shall be the presiding officer, a
Trustee and 5 citizens. The Committee at all times shall have at least 7 members.”  Strike 1.31.(10 (d).  
 
1.35 (3) paragraph one Adjust to read” The Committee shall have responsibility for marina operations at Firehouse and
Anderson Dock slips, the Village mooring area, dredging and water ways.” Remove remainder of paragraph.
 
1.36 (3) Adjust to include Village park and recreation properties and facilities, including but not limited to
the Wetland Preserve, the Village beach, Village Hall Park, Olson Park, Village owned tennis courts and
playground areas, Visitor’s center beach area, bicycle and walking paths and waysides.  
 
Motion per Kathy Kirkland to set for public hearing suggested changes to ordinance sections 1.31 (1)
1.35 (3) and 1.36 (3), as amended seconded by Jane Olson, all ayes, motion carried.
 
 
Page 4 of 6
 
i. Review of Code of Ordinances section 1.33, 1.37, 1.38, 1.40, and 1.43, discussion ensued, it is noted that any changes
will go to public hearing prior to implementation. No changes noted to 1.33, 1.37 or 1.43
 
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
 
1.40 HPC Jane Olson commented that she hopes the current members of the Historic Preservation Committee will be
allowed comment prior to any changes in their charge. This item will be passed on to the planning Committee and the
HPC for further consideration prior to any changes.
 
Motion per Jane Olson to set for public Hearing suggested changes to ordinance 1.38, seconded by
Kathy Kirkland, all ayes, motion carried.
 
j. Discussion and consideration regarding Agreement for Extension of Assessment Contract- Mike Walkers contract
renewal. It was noted that Mike Walker has done a fine job of representing Ephraim.
Motion per John Cox to extend Mike Walker’s contract as requested, seconded by Tim Nelson, all
ayes, motion carried.
 
k. Discussion and consideration regarding Resolution Supporting Scenic Byways Designation Resolution Tim Nelson
has issue with committing to participation and possibility of incurring future expense. Members Kathy Kirkland and
Jane Olson and Sue Sherman would like additional information regarding participation prior to signing resolution. Tim
does not see the point with participating. Item to be re-visited pending additional information.
 
l. Discussion and consideration regarding Parolini and Schult memorial bench request.
Motion per Sue Sherman to accept the memorial bench donations from Parolini and Schult, seconded
by Jane Olson all ayes, motion carried.
 
m. Administrator/Clerk Report – No additional questions.
Motion per Tim Nelson to accept the Administrator’s report as submitted, seconded by Jane Olson, all ayes,
motion carried.
 
7. Zoning Administration
a. Discussion and consideration regarding Historic Preservation Committee issues: This issue came up a year ago with
members unable to attend and problems reaching a quorum. Jane Olson feels this should have gone to the HPC
committee for comment and suggestions prior to coming to the Board. John Cox shared a letter from Carla Paulson to
the Board for consideration and comment. Review of Zoning Administrator’s suggestions. Kathy Kirkland suggests that
a joint committee with HPC being non voting members may work or if a quorum is not possible HPC members in
attendance can give input during Plan Committee meeting as guests. A third recommendation was provided by the
Zoning Administrator. John Cox suggested that the HPC and the Plan committee members meet in two weeks to discuss
this problem and provide resolution. All options will be made available to the Committee members for consideration.
 
b. Monthly Zoning Administrator Report
Motion per Tim Nelson to accept the Zoning Administrator’s report, seconded by Sue Sherman, all
ayes, motion carried.
 
Page 5 of 6
 
8. Wastewater/Water
a. Discussion and consideration of Holding Tank Dumping Rate Increase – Brief discussion concerning
WWTP’s dedication to remain competitive with other plants in the area.
Motion per Tim Nelson to raise HT dumping rate at $10.04 per thousand gallons, seconded by Kathy
Kirkland, all ayes, motion carried.
 
b. Plant Manager’s Report: Review of purchase information provided by Dave Alberts.  No additional comments or
questions.
Motion per Sue Sherman to accept the Plant Manager’s report, seconded by Jane Olson, all ayes,
motion carried.
 
9. Physical Facilities / Utilities
a. Discussion and consideration regarding Improvements to Tennis Court Area. Review of bids received.
Motion per Tim Nelson to award the bid for improvements to the Tennis Court area to Harbor
Construction project not to exceed $3,950.00, seconded by Sue Sherman, John Cox abstains, Kathy
Kirkland aye, Jane Olson aye, Tim Nelson aye, Sue Sherman aye. motion carried.
 
b. Supervisor’s Report. No additional questions or comments
Motion per Tim Nelson to accept the Physical Facilities /Utilities Supervisor’s report seconded by
Kathy Kirkland, all ayes, motion carried.
 
10. Docks & Coastal Management
a. Supervisor’s Report
Motion per Tim Nelson to accept the Docks & Coastal Management supervisor’s report, seconded by
Kathy Kirkland, all ayes, motion carried.
 
11. Community Protection
a. Fire Chief’s Report - Niles here to present his report. Attended the Chief’s convention and he gained valuable
information. Provided highlights of seminars he attended while there. Looking at a new Tanker/Pumper two fold.
Monies have been set aside in replacement fund for this purpose, Niles will consult with Administrator to determine
funding needs. There is a new 501C3 Chiefs status under which they will be applying for future grants. Discussion
regarding NIMS training, The Board members will be reimbursed for work time lost in order to take this training. Tim
Nelson asked Niles about Administrative time increase and over budget. Niles explained that the grant meetings were
unexpected yet required many additional hours.
Motion per Tim Nelson to accept the Fire Chief’s report, seconded by Kathy Kirkland, all ayes, motion carried.
 
12. Treasurer’s Report
a. Bills to be paid – Both Diane Kirkland and Jane Olson questioned item on page six regarding the purchase of a tripod
sprinkler that was placed at the garden plots. After brief discussion Board members mandate that the Village purchased
sprinkler be moved to Harborside Park where it is needed and only be utilized at the Village parks. Other questions were
asked and answered as appropriate. Administrator directed to look at the 1/99th ownership retained by Anderson family
of the Anderson property on which the Village pays property tax to determine if ownership once sold goes with the
property or will dissolve once property is sold. .
Motion per Tim Nelson to approve payment of bills as presented, seconded by Kathy Kirkland, all
ayes, motion carried.
 
 
Page 6 of 6
 
b. Treasurer’s Report
Motion per Sue Sherman, to accept the Treasurer’s report, seconded by Jane Olson, all ayes, motion
carried.
 
13. Communications / Correspondence – John reviewed letter from County of Door Emergency Services
praising our support of the First Responder Services.
 
14. Visitors’ Comments- Sue Shallow informed Board that Thad Ash called and they will begin removing
marked dead Trees on Highway 42 next Monday after 8:00 am.
 
15. New Business for Next Meeting: Kathy Kirkland would like an update from Physical Facilities on
projects not completed to date such as Moravia Point, and light cut-offs.
 
16. Closed Session per Wisc. Stat. 19.85(1) (g) conferring with legal counsel regarding oral or written
advice concerning strategy about litigation in which is or is likely to become involved.
 
Motion per Sue Sherman to go into closed session to confer with legal counsel regarding oral or
written advice concerning strategy about litigation in which the Village is or is likely to become
involved, and to deliberate regarding negotiating the purchase of public property, investing of public funds or
competitive or bargaining reasons, seconded by Tim Nelson, all ayes motion carried.
Poll of the Board- Kathy Kirkland aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye. It
is noted that the Board as a whole has approved this motion.
 
17. 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.
 
18. Return to Open Session
Motion per Tim Nelson that the Village of Ephraim Board of Trustees return to open session, seconded by Kathy
Kirkland, all ayes, motion carried.
 
Motion per Tim Nelson to deny the Notice of Claim as discussed, seconded by Jane Olson, all ayes,
motion carried.
 
Motion per Tim Nelson to further negotiate to demonstrate Village’s good faith intentions to pursue
property purchase at discussed amount, seconded by Kathy Kirkland, all ayes, motion carried.
Motion per Tim Nelson to move to enforce Village and State Statutes as discussed, seconded by Kathy
Kirkland, all ayes, motion carried.
 
19. Adjournment
Motion per Tim Nelson to adjourn this meeting of the Board of Trustees, seconded by all members,
motion carried.
 
Respectfully submitted,
 
 
Susan Shallow



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