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Village Board
May 11, 2009
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VILLAGE OF EPHRAIM
BOARD OF TRUSTEES MEETING MINUTES
MONDAY MAY 11TH, 2009
 
Attendance: John Cox, Kathy Kirkland, Jane Olson, Tim Nelson, Sue Sherman
Staff: Charity Forsch, Brent Bristol, Susan Shallow, Niles Weborg
Guests:  Diane Kirkland, Beth Meisner Hardy Gallery, Steve Eatough, Jay Lott, Debbie Krause, Gary
Krause, Rachel Willems, Sarah Elquist Martin  
 
1. Call to Order- Meeting called to order by President John Cox at 7:01 p.m.
 
2. Changes in Agenda: None
 
3. Review and Approve April 13, 2009 and April 20, 2009 Village Board Meeting Minutes
Correction April 13, Board Minutes- Regarding Peninsula pre School opened in 1989 here in this building.
Kathy Kirkland would like the Board minutes from April 20th  to be more detailed.  
 
Motion per Tim Nelson to approve the minutes as amended, seconded by Sue Sherman, all ayes,
motion carried.  
 
Jane Olson suggests that the Board discuss their expectations for meeting minutes content at the June Board
meeting.  
 
4. Visitors’ Comments: Steve Eatough would like to speak on item 9B; Gary Krause would also like
to speak on this issue.  
 
Jay Lott gave highlights of the festivities planned for the Flying Scott Regatta in August.  60-80 boats
expected for this event.   
 
5.  Public Hearings:
§ 17.20(3) (A) (4) Language regarding Non-profit sales in PW District.
 (3)(A)(4)  
 
Zoning Administrator Brent Bristol gave a brief synopsis of the timeline related to this Ordinance change.  
Ordinance was reviewed after a request was received from the Hardy Gallery to maintain a small sales area
at the gallery.  This required a change to the current ordinance. The Planning Committee has reviewed this
item in detail and has forwarded their conclusions to the Board for review. The current leases have been
reviewed by Administrator/Clerk Charity Forsch, the Ephraim Yacht Club lease is the only other property
rental lease to date. The Yacht Club lease specifically states that no commercial sales of any kind can take
place at that location; however Jay Lott stated that they have been selling soft-goods there since the 1960’s.   
 
Jay Lott commented on the items the Yacht Club sells- soft goods, shirts, hats etc. Items are specific to the
Yacht Club and not in competition with any other retail business in the Village.  The yacht club is willing to
review the language in the lease with the Village Board, they would like to continue to sell said items as it
impacts their operating budget.   
 
President Cox invited tonight’s guests to comment in favor of this language change:  None
In opposition to this language change: None
 
Referred back to the Board of Trustees for comment:  Kathy Kirkland added that the goal of the Planning
Committee was to development language to allow a not for profit entity located in the protected Waterfront
District that rents property from the Village to sell items not in competition with any for profit businesses in
Ephraim.  Kathy suggested that the Board and the Yacht Club representatives address their need with an
amendment to the current lease. The proposed change in ordinance language will not apply to them as
written. Currently they are operating against their lease constraints. Further discussion ensued concerning
the current lease language. Sue Sherman suggested that we alter ordinance to make it a littler broader i.e.
not in competition with retail businesses in the Village. Tim Nelson agrees but thinks the ordinance as
suggested presumes there is no conflict with a lease. Jane Olson suggested that perhaps we need to alter our
leases and not the ordinance language. Tim Nelson feels this change is guidance for future leases and
provides no guarantees.   
 
Diane Kirkland added that the Anderson Store is now owned by the Foundation and that is why there is no
lease for that property.    
 
 
 
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John Cox inquired if the Zoning Administrator Brent Bristol had an opinion regarding whether the Yacht
Club would be a grandfathered allowance. Brent feels that if they have been operating as such since the 60’s
perhaps it should be looked at as a lease issue.  
 
Motion per Kathy Kirkland to insert the proposed language into section 17.20 protected Waterfront
District as written, seconded by Jane Olson, all ayes, and motion carried.  
 
Poll of Board – Kathy Kirkland Aye, Jane Olson Aye, Tim Nelson- Aye, John Cox Aye, and Sue Sherman
Aye.
 
6. Discussion and consideration regarding § 17.20(3) (A) (4) Language regarding Non-profit sales
in PW District.  See above
 
7. Wastewater/Water
a. Plant Manager’s Report. Report reviewed no additional questions.
 
Motion per Kathy Kirkland to accept the Wastewater Manager’s report as submitted, seconded by
Jane Olson, all ayes, motion carried.  
 
b. Discussion and consideration regarding Village Engineer
 
Charity Forsch presented information concerning the State Stats and the history of this request from the
Wastewater Committee. McMahon will be utilized on an as needed basis by the Village.  
 
Motion per Jane Olson to appoint a Village Engineer, seconded by Tim Nelson, all ayes, motion
carried
 
c. Discussion and consideration regarding McMahon Agreement for Services – Control Panel at
Lift Station #2. They will visit the site, prepare suggestions and present them to the WW Committee for
review, if approved they will develop specs for the repairs and act as contractor.    
 
Motion per Sue Sherman to appoint McMahon as the engineer for the Control Panel at Lift Station
#2, seconded by Kathy Kirkland, all ayes, motion carried.  
 
d. Discussion and consideration regarding Alpha Terra Confined Space Training program for the
Wastewater Department.  John Cox concerned about the timing for this training either very soon as by early
June or in the fall. Niles Weborg feels they may already have some basic training in this area and this is an
enhancement.  Training to be site specific.   Kathy Kirkland would like the WW Committee to develop a
checklist of questions to get their monies worth from this program.  
 
Motion per Tim Nelson to approve the Confined Space Entry Training program provided by Alpha
Terra not to exceed $2,625.00, with the understanding that the commencement of such training is to
be by early June or in the fall, seconded by Kathy Kirkland, all ayes, motion carried.  
 
8. Zoning/Administration  
a. Monthly Zoning Administrator Report – No additional questions
 
Motion per Jane Olson to accept the Zoning Administrators report as presented, seconded by Tim
Nelson, all ayes, motion carried.  
 
b. Sign at Village Hall – Size has been reduced slightly.   
Motion per Jane Olson to accept the sign design as presented, seconded by Tim Nelson, all ayes,
motion carried.  
c. Administrator/Clerk Report – No additional questions
Motion per Jane Olson to accept the Administrator/Clerks report as presented, seconded by Sue
Sherman, all ayes, motion carried.  
d. Discussion and consideration regarding increase in window expense- $800 difference in price,
transom on top. Done is 5 days. Charity Forsch presented the options and potential increase in cost. Board
discussed changes as provided.  Charity directed to proceed as discussed.
 
Motion per Jane Olson to approve this project as amended, seconded by Kathy Kirkland, all ayes,
and motion carried.  
 
 
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e. Discussion and consideration regarding amendments to tennis court project.  Accepted bidder has
suggested some changes to specs. Two pours of asphalt instead of one in order to allow for an even surface
followed by one coat of leveler. Increase will be $900- $2,400 more for the asphalt.   We may be able to
utilize some of the gravel from the third court.   
 
Motion per Tim Nelson to accept the proposal by Northeast Asphalt with two pours of base and one
pour of leveler, the additional cost not to exceed $2,400, seconded by Jane Olson,  
Additional comments from Kathy Kirkland, can we believe Northeast Asphalt without further
investigation?  Jane withdraws her second, Tim Withdraws his motion
 
 Board instructs Forsch to inquire further into this suggestion prior to  signing this agreement.  
 
f. Committee/Commission Appointments
 
Motion per John Cox to invite Norma Hager to continue on the Historic preservation Committee,
seconded by Tim Nelson, all ayes, motion carried.  
 
Motion per John Cox to invite Jane Olson to continue as chair of the Library Committee, seconded
by Kathy Kirkland, all ayes, motion carried.  
 
Motion per John Cox to invite Windsor McCutcheon to continue on the Library Committee,
seconded by Jane Olson, all ayes, motion carried.  
 
Motion per John Cox to invite Eric Kordon to continue on the Physical Facilities/Utilities
Committee, seconded by Jane Olson, all ayes, motion carried.  
 
Motion per John Cox to invite Tad Dukehart to remain on the Community Protection Committee,
seconded by Sue Sherman, all ayes, motion carried.  
 
Motion per John Cox  to invite Jane Olson to continue as chair on the Community Protection
Committee, seconded by Kathy Kirkland, all ayes, motion carried.  
 
Motion per John Cox to invite Mike McCutcheon to join the Community Protection Committee,
seconded by Jane Olson, all ayes, motion carried.  
 
Motion per John Cox to invite Marc Paulson to continue on the Wastewater Committee, seconded by
Jane Olson, all ayes, motion carried.  
 
Motion per John Cox to invite Carla Paulson to continue as chair of the Board of Appeals, seconded
by Kathy Kirkland, all ayes, motion carried.  
 
Motion per John Cox to invite Sue Sherman to remain on the Board of Appeals, seconded by Jane
Olson, all ayes, motion carried.  
 
Motion per Sue Sherman to ask John Cox to continue to serve as chair of the Coastal Management
Committee, seconded by Jane Olson, all ayes, motion carried.
 
g. Discussion and consideration regarding Peninsula Preschool Lease: Charity Forsch has reviewed the
current lease, note that they pay annually not monthly, other adjustments to the lease as discussed at last
months Board meeting have been addressed and a copy of the new lease language has been forwarded to
the Pre-School Board for their review and comments.  
   
Motion per Jane Olson to accept the changes to the Pre-School lease language, seconded by Sue
Sherman, all ayes, motion carried.  
 
h. Ephraim Business Council request for year round location- Opening statement by Rachel Willems,
need still exists for a year round location.  John Cox referenced an e-mail from Diane Kirkland, regarding a
possible location, Pete Smith’s old cottage, across from the Visitor’s center.  John Cox made the
suggestion of renovating the Smith Garage as a possible location. The common theme is which one to
renovate. Sara Martin thinks the EBC board would consider all options and would welcome the
opportunity explore them with the Board at a future meeting. Sara continued that the goal of the EBC is to  
 
 
Page 4 of 6
 
find something that works for everyone. The EBC Board meets soon and they could look into options
presented and possible develop additional options. The roof at the Smith Garage will be done shortly.  
Niles suggested that the Smith property would be more conducive to being winterized. Item postponed for
future consideration.     
 
h. Discussion and consideration regarding issuance of business licenses - This recommendation comes
from the Wastewater Committee after many discussions.  Charity Forsch provided background on this
topic and the value of the information we could obtain for our data-base.  While the information could be
beneficial several members of the Board were concerned with adding another layer of government to the
business process. Tim Nelson and John Cox also recognized the encumbrance upon the office to maintain
such a Data-Base which could require significant updating. Sarah Martin offered that the EBC has such
information and could consider sharing this data with the office.   Tim Nelson feels that a good primary
contact list is the most efficient and most expedient way of providing communication.  
 
i. Discussion and consideration regarding Chialiva memorial bench request.   
 
Motion per Jane Olson to accept the donation of a memorial bench from the Chialiva family,
seconded by Sue Sherman, all ayes, motion carried.  
 
j. Discussion and consideration regarding donation of historic map in Administration Office. Sal
Jacobson took a look at the map while visiting the office and commented that the map was deteriorating
and would continue deteriorating if left as mounted.  Tim Nelson suggested that we should have a look into
getting it restored ourselves. Diane Kirkland suggested that one alternative would be to allow the
Foundation to restore it and display the map along with a card stating it was on loan to the Foundation.
Jane Olson concurs that we should look it into having it restored professionally, Charity will inquire
regarding pricing.  
 
k. Discussion and consideration regarding Airport Vehicle Ordinance- Charity attended an Airport
Commission meeting regarding this ordinance language. Charity clarified that the Commission’s intent was
that hanger owner’s would be provided a yearly permit to drive to their hangers. John Cox read a letter
from Hugh Mulliken regarding this ordinance language. Hugh requests that this ordinance be tabled for
further review and revision of language as it appears hostile and extremely restrictive to owners as well as
visitor’s to the Airport. In addition he has concerns about the penalty section.  John Cox read Mr.
Mulliken’s letter to the audience and agrees with Hugh.  Tim Nelson does not have a problem with this
language; it is meant to enforce speeders on Airport grounds and clearly safety issue generated.  Tim
Nelson suggests they contact other small airports such as Cherryland for suggestions on possible language.
Board members will not vote on this presentation without revisions of the language.  
 
l. Discussion and consideration regarding the 2009 Airport Rates as submitted by the Commission.
Board discussed history of Airport’s budgets and short-falls and their direction to the Commission over the
last few years to increase their rates in order to decrease the shortfalls and prepare and present a workable
budget to the Board.  Charity also informed the Board of the Commissions decision to sell gas purchased
last year being sold at a discount this year in order to get rid of it.  Board members do not feel they can
support rates as presented tonight.   
 
Motion per Tim Nelson that we do not approve the rates as presented, seconded by Sue Sherman, all
ayes, motion carried.  
 
9. Physical Facilities / Utilities
 
a. Supervisor’s Report  
Motion per Jane Olson to accept the Physical Facilities/Utilities Supervisor’s report as submitted,
seconded by Sue Sherman, all ayes, and motion carried.  
 
b. Discussion and consideration regarding extent of cladophora removal for 2009.  
 
Gary Krause spoke in support of the Village continuing their efforts to clean up the Cladophora this year.
Gary feels water quality is affected by the Cladophora and if left unchecked would present a health hazard
for both tourists and locals and their enjoyment of the waterfront. Gary read several pieces regarding the
Cladophora and shoreline maintenance.    
 
Steve Eatough provided a re-cap of the genesis of this project in 2007 when we began this project. The
DNR allowed the permit only if all 38 contiguous properties were involved.  The permit is very specific as
approved by the DNR with stringent restrictions of what we could remove.  In 2008, there were 40 Dump
 
Page 5 of 6
 
Truck Loads of Cladophora removed from the Ephraim Shoreline.  He hopes the Village will continue with
this effort, this program works.  There is a pump ($8-$10,000) that is available it may or may not work, but
they would like to try it. Some of the problems encountered last year were the location of the Cladophora
and access by trucks to the designated pick up areas. Sue Sherman states that they have talked about this at
the Physical Facilities/Utilities meetings, it is a time and staff issue. Gary Krause  noted that to suck it up
from the water would require an additional dredging permit. Charity noted that the permit limits removal to
once per week.  
 
General consensus of the Board is that while they support the clean-up process, they are concerned with the
man-hours required. Original agreement was that the residents would be responsible to clean their areas
and move accumulation to designated sites where our department could access the area by truck. Problem
noted by Debbie Krause was that everyone was not on the same page and some of the residents did not
have their piles ready. Debbie suggested that one specific day of the week such as Thursday mornings be
designated as pick-up day, so that residents can be prepared and have their piles ready for pick-up at the
road.  It was clarified that the residents will be responsible for the collection and our maintenance crew will
do the pick-up once a week.  Phragmities removal will not be addressed at this meet.   
 
10. Docks & Coastal Management  
a. Supervisor’s Report
 
Motion per Jane Olson to accept the Harbormaster’s report as provided, seconded by Tim Nelson,
all ayes, and motion carried.  
 
11. Community Protection
a. Fire Chief’s Report   
 
Niles Weborg here to present his report- Run report provided for the Board members.  Recently there has
been a series of false alarms in Baileys Harbor, they are investigating the culprits.  A couple of the run
items were highlighted by Niles.  Training continues for the firefighters and Ephraim has welcomed four
new firefighters to the department they are state certified up to level one.   Niles is not happy with the
Board’s decision to not follow thru with the parking plan developed by the CPC after two years work.
Brushing was being done today and will be maintained on a continual basis. County grant possible for
paging, it may cost the Village $5,000.  Kathy Kirkland asked about the Grand opening of the museum,
there is no lease as of yet. Charity explained current Insurance status of the contents of the museum. It is
currently insured as storage not as a museum.  Once a lease is in place the Fire Fighters Association will
insure the contents and we will insure the building as a leased property and any item owned by the Village.
Kathy stated that to her understanding the Village would not let it be opened without the business plan,
maintenance, lease, insurance and other designated documents in hand and approved.  This includes
operations, utilities, staffing, handling of donations etc.  Specifics to be reviewed and discussed at the June
Board meeting..   
 
Motion per Sue Sherman to accept the Fire Chiefs report as presented, seconded by Tim Nelson, all
ayes, motion carried.  
 
12. Treasurer’s Report – No additional questions
a. Bills to be paid – Review of bills. Tim Nelson provided information of his work at the Village Hall.
He is aware of the statute regarding a Trustee doing business with the Village and the dollar limitations.  
 
Motion per Jane Olson to authorize the payment of bills as listed, seconded by Sue Sherman, Tim
Nelson abstains,  Kathy Kirkland aye, John Cox aye motion carried.  
 
b. Treasurer’s Report  
 
Motion per Sue Sherman to accept the Treasurer’s report as provided, seconded by Kathy Kirkland,
all ayes, and motion carried.  
 
c. Discussion and Consideration regarding loan refinancing – Charity and Nancy met with the
representative recommended by our Auditor.  We could pay off our loans with bonds and he will get back
to the Board by Next Month. Charity would like guidance from Board. Charity is charged with continuing
to get information and report back to the Board.  A Bond rating may be suggested and will be a cost that
can be rolled into a payment schedule. Any capital projects that we have that can free up funds would be at
a lower interest rate than we could get on a bank loan.  
 
 
 
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13. Communications / Correspondence- Charity Forsch reviewed one document that had been
received, it is a notice of claim which comes prior to a lawsuit. We have 120 days to respond to this they
are questioning our right to govern the waters of Eagle Harbor with ordinances. When more info is
available the Board will meet in closed session.  
 
14. Visitors’ Comments- None
 
15. Move into Closed Session Per §19.85(1) (i) any and all matters related to acts by businesses,
which discussed in public could have adverse effect on business or its employee.
Also, §19.85 (1) (c) employment, promotion, compensation or performance evaluation of employees.
Nelson moved, seconded by Kirkland to move into closed session Per §19.85(1) (i) any and all matters
related to acts by businesses, which discussed in public could have adverse effect on business or its
employee.  Also, §19.85 (1) (c) employment, promotion, compensation or performance evaluation of
employees.  Kirkland - aye, Olson – aye, Nelson – aye, Cox – aye, and Sherman – aye.
 
 
16. Return to Open Session
Olson moved, seconded by Kirkland to come out of closed session. Kirkland – aye, Olson – aye, Nelson –
aye, Cox – aye, and Sherman – aye.
 
Kirkland moved, seconded by Nelson to establish a seasonal maintenance position with the main duties of
garbage pickup, beach cleanup, and other duties as assigned by maintenance.  Motion passed unanimously.
 
17. Adjournment
 
Motion per Nelson to close this meeting of the Ephraim Board of Trustees at 11:08 PM, seconded by  
Kirkland, all ayes, motion carried
 
 
Respectfully submitted,  
 
 
Susan Shallow- Deputy Clerk



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