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Village Board
Jun 08, 2009
PDF Version: 10528_2009-Jun-08_Village Board .pdf

MONDAY, JUNE 8, 2009 - 7:00 P.M.

Board members present: John Cox, Sue Sherman, Jane Olson, Kathy Kirkland, and Tim Nelson.    
It is noted that a quorum of the Board is present.
Staff: Charity Forsch - Administrator, Brent Bristol- Zoning Administrator, Susan Shallow Deputy
Visitor’s: Cutis Skinner, Debbie Krause, Frank Forkert, Lana Hall, Diane Kirkland, Richard
Wegman, Hugh Mulliken, Paul Burton, Diane Elquist, John Lowry, Craig Neddersen, Rachel
Willems, Sara Martin, Mellissa Ripp, Bill Hoag, Marv Sommerhalder and Mike McCutcheon.  
1. Call to Order: Meeting called to order by President Cox at 7:00 pm.
2. Changes in Agenda: John would like to move the UIC 9B up under #5 after item B.  Craig
Neddersen has not yet arrived.  
3. Review and Approve May 11, 2009 Village Board Meeting Minutes and the May 11th
Closed session minutes.
Motion per to Sue Sherman accept the minutes for the May 11th Board Meeting as
presented, seconded by, Tim Nelson all ayes, motion carried.  
Brief discussion of the May 11th Fire Chiefs report, no changes requested.  
Motion per Tim Nelson to approve the closed session minutes from Monday May 11th
as presented, seconded by Jane Olson, all ayes, motion carried.  
4. Visitors’ Comments: Curtis Skinner here to discuss a letter he submitted to the Board
concerning the Tennis Courts. Mr. Skinner provided suggestions for the utilization of the
North Court. Mr. Skinner is requesting a setback from Iverson Lane of at least 6-10 feet and
the area planted with small bushes or trees.  Would like to know about the Boards plans for
that 3rd court. Item will be on next months Agenda per Charity Forsch.  
Hugh Mullikan requests to be allowed to comment on item 5M when it is addressed.   
5. Administration  
a. Call to order Board of Review – Charity Forsch explained that the Board of Review
would be called to order to run concurrent with the Village Board meeting.  It will be
adjourned at the end of the meeting to a later date when the assessment roll is complete.

Motion per Kathy Kirkland to call to order this meeting of the Board of Review,
seconded by Sue Sherman, all ayes, motion carried.  

b. Discussion regarding Scenic Byways Program: Frank Forkert here with a presentation of
the program. Goal is to encourage tourism throughout Northern Door County.  Mr.
Forkert stated that there is an 80% Federal funding grant available.  A local scenic
byway assessment must take place along with extensive paperwork, to include a vision
statement, goals, protection needs etc. Must include documentation that identifies
business areas. There are fairly stringent signage rules as well. A detailed list of all
requirements for this designation has been obtained by the Village Administrator.   
The Wisconsin DOT reviews all plans in regard to this program. Some of the particulars
participating municipalities must decide are to establish a joint committee, define an
exact route, establish deadlines, schedule public meetings, write articles for publication,
and approve all resolutions and complete all C.M.P.’s
This project would require a manager to co-ordinate the entire process. There were
questions from other audience members regarding some of the specifics of this program
and its requirements. Tim Nelson inquired who would be responsible for maintenance of
items such as the Bike Paths. Mr. Forkert responded that the municipality is responsible
for all maintenance.  
Hugh Mullikan briefly commented about signage in regard to Billboards, there is a bill
before the state assembly #215 to address this type of signage. Mr. Mullikan would like
to see all billboard signs go.   
The Board of Trustees would like to address the topic of the Byways project again on a
future Agenda.  Mr. Forkert stated that the initial meeting of the coordinators is
scheduled for June 17th.   
c. Door County Tourism Zone Presentation – Craig Neddersen  
1. Annual Audit – Craig presented the Audit to the Board members, no problems were
2. Marketing Campaign update:  Midwest Living Magazine 500,000 inserts in major
markets.  Statistical charts were also distributed for the Board to review. Web Site
activity is down slightly for the year but is probably due to the Web Site renovation
that started in March of this Year.  
3. Tourism economic impact study 2008: The state has initiated a study of businesses
including lodging based business. Many of the numbers provided by their study may
be inaccurate.  DCTZ (Door County Tourism Zone) has also completed a similar
study which they fell is more accurate; Door County’s share of the tourist dollars is
approximately 3.69% a substantial gain that puts us in 6th place for tourism dollars.
The compliance committee has been formed and is working to bring all lodging
business into compliance. Kathy Kirkland also provided information and comments
on income activity.  Paul Burton commented that this year may be a determining
factor in the success on this tax. No additional comments or questions. 
d. Discussion and consideration of the Ephraim Business Council request for a year round
location:  Charity Forsch, Brent Bristol, John Cox and a few members of the EBC met
and toured the Smith Garage and other properties to evaluate them for possible locations
for a year round EBC office. They are looking for direction from the Board. John has
spoken with Dave Alberts regarding some changes to the Smith Garage and movement
of their equipment to a more appropriate location.  Sarah Martin concurs with Charity
that the smith Garage is a nice option and as a bonus provided additional needed
parking. Diane Kirkland asked if there would be any cost involved for WW to move
their chemicals or equipment to be considered. Paul Burton inquired if the funding for
the remodel would come from room tax monies or general tax dollars.  All plans are in
the preliminary stage responded Mr. Cox.
The question to the Board is how shall we proceed from here? Charity suggests we start
by consulting with our newly designated engineer from McMahon. The generator could
be moved outside of the building to a small shed. Hugh Mulliken noted that if we wanted
to offer the upstairs as a general meeting room we would have to install an elevator to
make it handicap accessible.  
Kathy Kirkland commented that it seems the EBC only had about 30 visitors in the
winter and questioned whether the Village would want to designate over $250,000 for a
remodel of a building to service 30 visitors. The Board will address this again at a future
meeting. Additional discussion between Ms. Kirkland and the Administrator regarding
the status of a lease for the EBC and a request made from the Board of Trustees to the
EBC for a detailed accounting of expenditures. Charity will look for a record of the
budget agreement with the EBC in the September or November minutes of 2008.  
Jane Olson re-directed the discussion back to the Agenda Item, the question before the
Board tonight is where we go from here. It is suggested that we forward this to the
engineer for suggestions.  
Motion per Jane Olson that we ask McMahon for a preliminary estimate for the
remodeling of the Smith garage and moving of all Wastewater equipment and
supplies as necessary, seconded by Sue Sherman, all ayes, motion carried.    
9. b. EYC regatta moved here:  Parking for this event has been a concern for all Board
members. Both the Bethany and the Moravian Church have offered their parking lots for
use during the EYC event scheduled for August.  Bill Hoag stated that the primary
access point for this event will be the Yacht Club. Parking will be in several places with
minimal parking on Spruce Street. The event itself will be 60-80 boats during the week
not on a week-end. Monday-Friday the effect will be minimal at the Firehouse dock.  
John Cox provided additional highlights of plans for this event and the EYC’s
recommendation that participants stay at local hotels/motels to reduce traffic congestion.  
The Planning Committee has discussed this item at length and they were assured that
traffic on Spruce would be minimal.  

e. Discussion and consideration of Firemen’s Association Fire Museum Lease: Charity
Forsch provided a copy of the suggested lease for Board comment. The Fire Fighters
Association has requested that the lease to be for a term of 10 years with a renewal
available. Other particulars identified by Charity. Maintenance and the opening and
closing of the facility to be discussed by the Board members. Utility bills and cleaning of
the museum to be handled totally by the Association. Liability and content insurance to
be provided by the Association and ready to go after both parties have signed the lease
agreement.  Other aspects of the day to day operations should be left up to the leasee and
not the lessor. Charity has reviewed the proposed lease with Chief Weborg and neither
has issue with the content. .
 Kathy Kirkland stated that if we are treating this lease like any other lease why are we
charging them only $1 per year.  Charity provided a short synopsis of the fees on other
leases, there is significant differences between locations. Discussion by Board members
concerning the request to have either our Maintenance employees or the Marina staff
responsible for the opening/closing of the doors and how this affects the Villages
involvement in the day to day operations of the museum.  Tim Nelson would like the
language concerning insuring of the 1934 Fire Truck to be addressed in detail in the
written lease. He wants it made clear that we have nothing to do with anything we don’t
own in there.  John Cox mentioned that the Association has invested about $180,000 to
renovate the building.   John added that charging them for rent for the initial term of ten
years would not be appropriate. Tim Nelson concurs.  Kathy Kirkland clarified that she
is more in favor of consistency and even handedness and does not feel $1 per year is
Hugh Mulliken offered that the county has addressed similar issues and suggests that
Charity consult with them prior to finalizing a lease.  
Charity instructed to make adjustments to proposed lease language clarifying the
insurance coverage to specify that any contents not owned by the Village would not be
insured by the Village.  A copy of the insurance certificate will be secured by the
Motion per Tim Nelson that we accept and approve the lease for the building on
Hwy 42 to the Firefighter Association for a term of 10 years at a rate of $1.00 per
year, with amendments as discussed, seconded by Sue Sherman, all ayes, motion
f. Discussion regarding the guard rail at Moravia and Spruce Street: Board members are
familiar with the area in question. They feel that this could become a safety issue and
should be addressed promptly. Tim Nelson suggests that we remove the 2 cedar trees
there now and place a heavy removable grate over the area to diminish the swale.
Charity directed to invite Thad to come and take a look at this and make suggestion for
its correction.   

g. Committee/Commission Appointments
Motion per John Cox to appoint Diane Kirkland to the library committee for a term on
three years, seconded by Tim Nelson, all ayes motion carried.
Motion per John Cox to appoint Carla Paulson to the Historic Preservation committee
for a term on three years, seconded by Tim Nelson, all ayes motion carried.
Motion per John Cox to appoint Diane Fardig to the Historic Preservation committee for
a term on three years, seconded by Jane Olson, all ayes motion carried.
Motion per John Cox to appoint Diane Kirkland to the Physical Facilities committee for
a term on three years, seconded by Jane Olson, all ayes motion carried.
h. Discussion regarding composition of Committee/Commission/Board Minutes
Charity Forsch has received a copy of the WMCA minutes brochure concerning what
acceptable minutes should contain. Basically minutes should by a synopsis of the
essential elements of the official action taken by a local governing body, including the
subject matter of a motion, who makes and who seconds the motion and the roll call on
the motion. In other words the content of minutes should be motions and major points of
Kathy Kirkland expressed her concern with loosing important information when minutes
are reduced to just motions and minimal information. Tim Nelson agrees that sometimes
more information and listing of events that lead up to a decision on the record is
necessary. Jane Olson agrees that the compromise history is important as well. John Cox
asked if they are looking for a synopsis of what was said or a detailed transcript and
noted that a recording is available if anyone requests to hear the complete detail of a
meeting. John feels that a synopsis if done correctly would suffice. John also noted that
the minute taker could be influenced by personal opinion or what speaker they may
agree with.  Diane Kirkland feels that if you don’t include enough detail to make a
defensible stand for the Village you can loose a legal battle. Additional discussion about
a specific item on last months closed session minutes.  Paul Burton offered a comment
that the minute taker uses their best judgment to condense long lengthy comments into a
coherent motion or synopsis and the Board should trust that and make any necessary
corrections when finalizing the minutes.   
John Cox summarized that minutes should not be a verbatim transcript but a synopsis
with intent stated within the motions.   
i. Discussion regarding composition/description of Committees/Commissions: During the
process of Committee appointments Charity has noticed some inconsistencies within
some of the current ordinance language and has provide the Board with a brief list for
discussion and review tonight.  For the planning Committee we refer to the State Statutes

however, the state refers to Planning as a Commission not a committee. In regard to
Coastal Management or ordinance currently states that this committee is responsible for
parks and recreational facilities in the Village. John stated that the Coastal Committee
would like some input but that the Physical Facilities Committee handles the parks.  Jane
Olson suggested that the HPC duties should also be re-visited. Charity will look over
other language inconsistencies and prepare them for the Board next month. After this
initial batch is reviewed the Board will tackle another group.  Tim Nelson provided the
background on when and why the Board chooses to have a Planning Committee rather
than a Plan Commission, it was an intentional decision.   
j. Discussion and consideration regarding restoration of historic map in Administration
Office. Cost to restore has been priced as $500- $1000.  It would be accomplished by the
WI Historic Foundation- Paper Conservation Department. If it is adhered to the wood it
could cost more. Jane Olson would like this pursued, it was clarified that the Board
members desire that the Map be returned to this office for display after it has been
restored. Tim Nelson agrees. Kathy Kirkland would like some type of warranty or
guarantee once completed.  Item to be discussed again at budget time.  
k. Discussion and consideration regarding Agreement for Extension of Assessment
Contract: Mike Walker’s contract expires this year and he has mailed his intent to
continue to serve Ephraim to the Board members for consideration. All Board members
agree that they are pleased with Mr. Walker’s skills and services and wish to continue
this association with the Village of Ephraim. Charity will write up a contract agreement.  
l. Discussion and consideration regarding Airport Vehicle Ordinance: Last month the
Board reviewed a proposed ordinance change and made suggestions that Charity has
incorporated into the document for review tonight.  Changes were in regard to allowing
for the annual permission for Hanger owners or renters to access to their hangers by
vehicle and the removal of reference to mandatory Jail time, which has been struck all
together. “Shall” may stay in the language as is.  
Motion per Tim Nelson to approve the new Ordinance language as presented with the
changes as discussed tonight, seconded by Jane Olson, all ayes, motion carried.       
As this is a change to current ordinance a Poll of Board is required- Kathy Kirkland, aye,
Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye. Be it noted that the
Board of Trustees is unanimous in the decision to support this ordinance.   There was
brief discussion between Marv Sommerhalder and the Trustees concerning the proposed
changes to the Airport ordinance language. Mike McCutcheon notified the Board
members that he takes his appointment to the Airport Commission by the Board
seriously and will represent the Village interests to the best of his ability.  John Cox
requested that this change be set for Public Hearing.    
Motion per Kathy Kirkland to take this item to public hearing seconded by Tim
Nelson, all ayes, motion carried.  

This notice will be posted 10 days in Advance.  
m. Discussion and consideration regarding 2009 Airport Rates-Charity reviewed her
proposed changes in rates.  Slight increases were noted in the area of Aircraft Parking-
short term and After Hours calls. No increase in long term parking or Auto parking.
Discussion between audience and Trustees over proposed rates. Sue Sherman would like
to see an across the board increase of about 5% in every category, Tim Nelson concurs.
Trustees stated that they notified the Commission at the 2009 budget meeting that a rate
increase to off set yearly deficits at the Airport would be required.  The document as
originally submitted by the Commission again displayed no rate increases at all and the
Board members are reluctant to approve without some revision.   
Airport Commission member Marv Sommerhalder spoke about why they choose not to
increase rates for this year. They are planning that the new U-Fuel system and other
major service enhancements at the Airport will draw in new visitors thereby increasing
revenues. Hugh Mullikan commented on the pricing and feels that the new fuel system
was installed to stimulate business at the airport. We have some of the highest rates in
the state and he feels we need to keep our fees reasonable. Mike McCutcheon added
additional comments concerning pricing and services at the Airport they are asking to
keep the rates the same with the hopes that it will stimulate business at the Airport.   
Kathy Kirkland responded that the increases indicated are minimal and she has difficulty
comprehending that someone chooses their destination by the cost of parking at the
Airport. Jane Olson asks how she can justify to taxpayers why they should pay to
support the Airport when they are having difficulty filling their own gas tank to go to
Sturgeon Bay, Jane is looking for justification to offer general taxpayers. Mike
McCutcheon responded that this is a tourism driven economy we need to pull visitor’s
up here and get them to come back.  Hugh feels the Airport is a business tool that is
much needed up here, and brings indirect monies up here.  
Item back to the Board of Trustees for final comment:  
Motion per Jane Olson to give the Airport Commission one year at the established
current rates, after one year the rates will be increased to make the Airport more
self sustaining, seconded by Kathy Kirkland, all ayes, motion carried.  
Motion per Tim Nelson that we further judge the success of the Airport based on
the decrease in the shortfall for the year 2009, seconded by Jane Olson, all ayes,
motion carried.  
Tim Nelson clarified that a minimum of a 15% increase in fuels sales is expected by the
end of the 2009 year.  Tim Nelson asked additional questions of the Airport
representatives. U-Fuel system in not operating at this time and is not expected to begin
until sometime in July, hopefully.   
n. Administrator/Clerk Report:  Tennis court project well under way. A grant may be
available. Sand project has been completed at the Beach. Charity is working on the Bond
information. Charity will be attending her final year at Clerk Institute.  Part time
Maintenance position
Motion per Tim Nelson to accept the Administrator/Clerks Report as submitted,
seconded by Sue Sherman, all ayes, motion carried.  
6. Zoning Administration
Monthly Zoning Administrator Report
Motion per Jane Olson to accept the Zoning Administrator’s  Report as submitted, seconded
by Kathy Kirkland, all ayes, motion carried.  
7. Wastewater/Water
a. Plant Manager’s Report
Motion per Jane Olson to accept the Plant Managers Report as distributed, seconded
by Sue Sherman, all ayes, motion carried.  
b. Discussion and consideration regarding Engineering design of manhole at lift station #2.
Tim Nelson informed the Board of the need to bring this manhole up to current code , this is
a safety issue that needs to be addressed.  
Motion per Sue Sherman to accept the Engineering proposal as provided, seconded by
Tim Nelson, all ayes, and motion carried.  
c. Discussion and consideration regarding SCADA effluent monitoring bid approval
Motion per Tim Nelson that we approve the signal and SCADA screen proposal as
presented, seconded by Kathy Kirkland, all ayes, motion carried.  
8. Physical Facilities / Utilities
a. Supervisor’s Report
Motion per Tim Nelson to accept the Physical Facilities/Utilities Supervisors report as
distributed, seconded by Sue Sherman, all ayes, motion carried.  
Comment by John Cox regarding grating at the beach, The Maintenance staff is directed not
to grate the beach for awhile so the Board can judge the impact of the new sand. Diane
Kirkland commented that the permit to grate the beach has expired, Charity directed to
renew the permit immediately.  
b. Discussion and consideration regarding dead tree removal. Charity provided information
on the dead trees. Trees have been identified by Thad Ash.
Motion per Sue Sherman to approve the removal of the dead trees, seconded by Jane
Olson/Tim Nelson, all ayes, motion carried.  
c. Discussion and consideration regarding tree replacement in Harborside Park-
The board by consensus agreed to replace the tree with a Red Bud.  
d. Discussion and consideration regarding placement of dimension stone at Beach. Silt
Screening will be placed there. Some of the old bushes have died, it has been suggested that
we place large stones that can be sat on (2-3) stones. Board by consensus agrees with this
suggestion but cautions that this will not become a major project and a minimal amount of
stones be placed there.  
9. Docks & Coastal Management  
a. Supervisor’s Report
Motion per Jane Olson, to accept the Harbormasters Report as distributed, seconded by Tim
Nelson, all ayes, motion carried.  
10. Community Protection
a. Fire Chief’s Report   
Motion per Tim Nelson to accept the Fire Chief’s report as distributed, seconded by Sue
Sherman, all ayes, and motion carried.  
11. Treasurer’s Report
a. Bills to be Paid – questions and comments concerning the Wastewater bills for Staff
food and Clothing bills. It is noted that if the Plant manager takes his staff to lunch
occasionally it is acceptable but not at the taxpayers expense.  
Motion per Jane Olson to authorize the payment of all bills presented tonight, seconded by
Sue Sherman, Tim Nelson abstains, John Cox aye, Sue Sherman aye, motion carried.  
Board would like to see all maintenance vehicle logs at next meeting.   
b. Treasurer’s Report  
Motion per John Cox to accept the interim Treasurer’s report as distributed, seconded
by Tim Nelson, all ayes, and motion carried.  
c. Discussion and Consideration regarding Bond Issuance Timing and Project Inclusion:
Charity provided information to the Board for review. Windows and Village Hall
remodeling, The Tennis Courts and the beach sand project could be part on this Bond. John
Cox suggested that the Beach sand project remain on room tax where it was designated. The
tennis court project is more long term and perhaps should go on the Bond. Tim Nelson also
suggested that the Village Hall project and the Admin. Windows will be placed on the Bond.
It was noted by Tim Nelson that the Hall kitchen remodeling was about $3,000 over budget.   
The Moravian Point project would be a good expenditure of the room tax money.  
In addition the cost to bury the Charter lines may be a candidate for the Bond. Charity
informed the Board that Charter has been given the go ahead to proceed burying the line
12. Communications / Correspondence: Clarification of Rack Space Memo. Cobra lights to
be turned off, 3 were selected were the one at Kathy’s, Oneson’s Cottage corner, and the third at the
Wetlands curve.  

13. Visitors’ Comments:
Kirkland moved, seconded by Nelson to go into closed session per Wisc. Stat. 19.85(1) (c),
employment and compensation of public employees and 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 and Wisc. Stat. 1985 (1) (e) deliberating or negotiating the purchase of
public property, investing of public funds or competitive or bargaining reasons. Kirkland – aye,
Olson – aye, Nelson – aye, Cox – aye, Sherman – aye.
14. Closed Session per Wisc. Stat. 19.85(1)(c), employment and compensation of public
15. 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
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.
Kirkland Moved, nelson seconded to return to open session. Ayes
Sherman Moved, seconded by Nelson to award Salfi a 50 cent per hour increase in wages per the
recommendation from the Wastewater Committee. Motion passed unanimously.
Olson moved, seconded by Nelson to go into negotiations for the purchase of the land discussed per
Wisc. Stat. 1985 (1) (e) deliberating or negotiating the purchase of public property, investing of
public funds or competitive or bargaining reasons.  Motion passed unanimously.
17. Adjournment
Kirkland moved, seconded by Nelson to adjourn the Village Board meeting and the Board of
Review at 11:33 PM.  Motion passed unanimously.
Respectfully submitted,  
Susan Shallow – Deputy Clerk

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