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Selected Village Board Minutes
Village Board
Oct 12, 2009
PDF Version: 10535_2009-Oct-12_Village Board .pdf

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    Present: John Cox, Kathy Kirkland, Sue Sherman, Jane Olson, Tim Nelson
    Absent: None
     Staff: Charity Forsch- Administrator, Brent Bristol-Zoning Administrator, Niles Weborg- Fire Chief,  
               Susan Shallow- Deputy Clerk
    Visitors: Doug McNeil, Mike McCutcheon, Martin Franke, Debbie Krause, Dave Burke, David Fish,  
                   Paul Burton, Rachel Willems, Hugh Mulliken, Paul Wilson
 
1. Call to Order: Meeting Called to order by President Cox at 7:01 p.m.
2. Changes in Agenda: John Cox would like to switch F&E up after C
3. Review and Approve September 14, 2009 and October 5, 2009 Village Board Meeting Minutes:
Motion per Jane Olson to approve the September 14th minutes as presented, seconded by Sue
Sherman, all ayes, motion carried.  
 
Motion per Sue Sherman to approve the October 5th minutes as presented, seconded by Jane
Olson, all ayes, motion carried.  
4. Visitors’ Comments:  
5. Public Hearing to adopt Ordinance 5-2009 Approving and Adopting the Village of Ephraim
Comprehensive Plan 2009. Notice has been posted 30 days as required. Charity Forsch informed Board
that there has been one suggested alteration and some minor grammatical corrections.   
Change requested by the County Library System – Becca Berger. See attached. Jane Olson item #7
remove “Friends of the Ephraim Library” from description and replace with volunteers. Tim Nelson
also noted some suggested changes in regard to the Library portion. Charity stated that this will be an
on-going document to be amended to meet the changing needs of the municipality. Kathy Kirkland
inquired about topographical maps in our plan; we do not seem to have as many as other municipalities.
Mr. Cox thanked Paul Burton for editing the grammar and then invited audience to speak. No questions
or comments from the audience.  
Back to the Board: Sue Sherman felt it was a good starting point, Jane Olson agrees, Tim Nelson added
that some of the issues are current or will become current and questioned how we use the Plan. Charity
Forsch explained that it is an integral part of Zoning and will be included in the Zoning Ordinance and
gave an example. The Plan was done for the greater good of the municipality. Changing of pertinent
ordinance will require change to the Comprehensive Plan. There will be systematic use of it. The plan
will be available on the web site, paper copy and on disc. There will be work involved in making
changes to the Plan and all changes would require a public hearing.  
Motion per Tim Nelson to approve and adopt Ordinance 5-2009, the Village of Ephraim
Comprehensive Plan as amended, seconded by Kathy Kirkland, all ayes, and motion carried.  
Roll Call: Kathy Kirkland aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye, all
ayes noted, motion carried. John Cox provided thanks to all those who contributed to the development
of this plan.  
 
6. Administration  
a. Zoning Report and Consideration Regarding Remodel of Smith Garage: Brent Bristol acknowledged
that some Board of Appeals meetings will have to take place for variance approval prior to beginning
the project. Concept review has been done by both HPC and Plan Committee’s and they approve of
the renovations as described. Hugh Mulliken is here tonight to address any questions or concerns
about his most recent proposal.  Mr. Mulliken feels we should get State approved plans. Hugh stated
the state does not care about some aspects of the project, and suggested that we do this in house by the
maintenance department. The chimney is integral to the integrity of the house. Hugh suggests we cut
VILLAGE OF EPHRAIM BOARD MEETING MINUTES
MONDAY OCTOBER 12, 2009 - 7:00 P.M.
VILLAGE OF EPHRAIM OFFICES, NORWAY AND HIGHWAY Q
 
OCTOBER 12, 2009 VILLAGE BOARD MEETING MINUTES
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the job into pieces and bid them out separately. Kathy Kirkland asked about the dollar limit on projects
we can authorize without officially putting them out for public bid, Charity responded that the figure is
$25,000.  There was brief discussion about utilizing the maintenance department. Tim Nelson
commented that the Village could work on its own property without bidding out and without over-site.
Sue Sherman asked about Mr. Mullikan’s first proposal and why the dollar amount on this one is
higher than the Board originally approved, seems to be up about 30%. Hugh responded that more was
involved in preparing the proposal.   
 
Tim Nelson feels that the heating and electrical parts of the project should be put out for bid out and
completed by licensed professionals. John Cox feels we would be capable of doing our own sub-
contracting. Hugh stated he is willing to over-see the sub contracting. Charity informed the Board and
Hugh that the Treatment Plant Manager is concerned that the generator could not be down more than a
day or two. Hugh states it would be down just a couple of hours.  
 
 After further discussion the Board advises that all bidding is to be done by the Administrative office..
Charity shared Dave Alberts concern that we may be looking a too big of a generator unit, in fact the
current one we have may be over kill. As long as it doesn’t cost us even more for a smaller one added
Tim Nelson. Kathy Kirkland concerned about the maintenance department hours, previous projects
have taken many hours and incurred a lot of over time hours. Hugh would be over-seeing the man
hours. Kathy and Jane Olson also concerned about their hours and about their other duties and projects
being put on hold or delayed. Tim Nelson stated that we should look at that and the problems
encountered with the recent kitchen remodel will be considered. Charity added that the reason we has
some of the glitches was the amount on snow we had and the need to have the staff go and plow or
shovel, it snowed almost every day in December. Jane Olson also added that vacation time plays a
factor in the staff’s availability; the guys can’t take time in the summer. Those are all good points
added Tim Nelson and the Board will have to look at all aspects before deciding if the Maintenance
department will work on the project. Tim feels that bidding would go quickly.
 
 Brent Bristol concluded that in regard to the Zoning aspects; The Board of Appeals request for a
variance will take a couple of weeks to schedule as well as setting up a Planning Committee meeting.
Charity would like to see a more detailed proposal that spells out exactly what Hugh is responsible for
and what the Village will be responsible for. Charity feels that our staff can take this project on and do
it well. The project still has to go through the Zoning process reminded John Cox. Tim Nelson added
that the next thing to do is to have Charity flesh this out with Hugh and re-present a more detailed
proposal. We should begin by re-bidding out the roof and get that started since there will be no
changes in the roof line.  John asked Hugh if he feels we should wait a bit with the roof, yes responded
Hugh, who feels the bioxide and where we are going to place those 1000 gal tanks is the first thing we
should address. We should also find out who the propane tank belongs to and what we should do with
it. State Approved plans is the next step. We may have to bury 2000 gal tanks added Charity.  Kathy
Kirkland asked about section two a list of items not included in this proposal. Site Survey, Soil testing,
Design work required to re locate the existing mechanical equipment. John states that whatever the
Planning Committee and HPC is not available yet, do we proceed. Tim Nelson provided a brief list of
what to do; revise proposal language; determine new tank location and a new survey of the property.
Brent Bristol added that Board of Appeals requirement for a variance for the overhang needs to be
addressed by next month, if he knows today it will take about two weeks to get a meeting together and
get it posted with required notification.       
Motion per Kathy Kirkland to authorize Charity Forsch to work with Hugh Mulliken to revise
the proposal language and order a site survey of the property, and expedite a meeting of the
Board of Appeals seconded by Tim Nelson, all ayes, motion carried.  
Charity and Jane Olson will confer with the physical facilities committee members regarding the
staff’s availability to work on this project.  
 
OCTOBER 12, 2009 VILLAGE BOARD MEETING MINUTES
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b. Discussion and consideration of Sale Hangar B-6 Blau Trust:  
Motion per Tim Nelson that we waive our right for first refusal of the for sale hanger, seconded by
Jane Olson, all ayes, motion carried.  
 
Motion per Tim Nelson to approve the sale of the hanger to Mike McCutcheon, seconded by Sue
Sherman, all ayes, motion carried.  
 
c. Discussion and consideration of Grizzly Tours Agreement 2010 Dave Burke is here and spoke about
the contributions his business has made to the community.  
Motion per Kathy Kirkland to approve the agreement with Grizzly Tours and reduce the
percentage from 10% to 5% with the new contract in 2010 with review in two years, seconded
by Jane Olson, all ayes, motion carried.  
Martin Franke introduced himself and applauded the Grizzly Tours owners for their efforts and public
service to the community.  
 
d. Resolution 4-2009 Supporting the 2010 Census. One change is that the census will be only a ten
question form rather than the multiple page form.  
Motion per Tim Nelson that the Village support resolution  04-2009 regarding support of the
2010 Census, seconded by Jane Olson, all ayes, motion carried.  
 
e. Resolution 5-2009 Approving and Recommending the Adoption of Door County Comprehensive Plan
2030. Tim Nelson does not see much point in supporting the resolution since we have not seen it or
been invited to participate in it. Even though it states we participated we did not and we were not
represented.  The Board chooses not to act on this item.  
 
f. Resolution 6-2009 Petitioning the Secretary of Transportation for Airport Improvement Aid.  
Motion per Jane Olson that we approve resolution 06-2009 regarding petitioning the Secretary
of Transportation for Airport Improvement Aid, seconded by Tim Nelson, all ayes, motion
carried.  
 
g. Discussion and consideration regarding Door County Humane Society request for donation
Motion per Jane Olson to donate $1,000 to the Humane Society, seconded by Tim Nelson, all
ayes, motion carried.  
 
h. Appointment to Zoning Board of Appeals
Motion per John Cox to appoint Debbie Eckert to the Board of Appeals, seconded by Jane
Olson, all ayes, motion carried.  
 
i. Discussion and consideration of holiday party 2009, staff directed to proceed with arrangements.  
 
j. Discussion regarding Capital Reserve Schedule and Set Public Hearing Budget 2010. Charity
introduced some suggested changes; Re-designation of the light posts and globes reserve as we re-
place them as we go, this figure represents replacing all of them at once, Wetland Kiosk is also in
good condition, as is the Admin and Beach signs, and do not need replacement, we are not obligated to
put away money for a new ambulance so the $8,000 we have there can be re-located, and add new line
item as Anderson dock repair.  Jane Olson talked about the new Fire Truck and the fact it will not fit in
the current building we may have to add an addition. Perhaps a new 20 feet North may be needed cost
could be $1-$200,000.   Brief discussion concerning the use of room tax monies and projects such as
 
OCTOBER 12, 2009 VILLAGE BOARD MEETING MINUTES
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Moravia point and Smith building project. Dave Alberts notified Charity that he has a potential buyer
of the old generator at the Smith building.  
 
k. Administrator/Clerk Report
Motion per Jane Olson to accept the Administrator/Clerks report as presented, seconded by Tim
Nelson, all ayes motion carried.  
 
7. Zoning Administration
a. Monthly Zoning Administrator Report
Motion per Sue Sherman to accept the Zoning Administrator’s report as presented, seconded by
Kathy Kirkland, all ayes motion carried.  
 
8. Community Protection
a. Discussion and consideration of keeping carry over funds from 2009 budget to go toward 2010  
Expenditures
Motion per Tim Nelson to approve that any excess funds in the current budget be applied
toward future purchases of equipment, seconded by Jane Olson, all ayes, motion carried.      
 
b. Fire Chief’s Report: Niles provided highlights of his reports and he will ask Diane Kirkland to put
something in her column concerning safety issues and re-charging fire extinguishers, we will also plan
an article for the newsletter including who to contact for a re-charge.  John thinks in the past we may
have had a re-charging day at the Firehouse in spring or during FYR BAL. Van’s Fire & Safety. Road
cutting looks good, keep it up per Niles. Niles will be out of town for the next two weeks. Training has
been going well.  Niles appreciates all those who have contributed to the success of the department.
Turn out equipment will be purchased with excess funds.  
Motion per Tim Nelson to accept the Fire Chief’s report as presented, seconded by Jane Olson,
all ayes motion carried.  
 
9. Physical Facilities / Utilities
a. Discussion and consideration regarding guard rail on Spruce Street
We approved $1,000 for this project cost has come in at $2,450
Motion per Jane Olson to approve the Spruce Street guardrail project not to exceed $2,500,
seconded by Sue Sherman, all ayes, motion carried.  
 
b. Supervisor’s Report
Motion per Tim Nelson   to accept the Maintenance Supervisor’s report as presented, seconded
by Kathy Kirkland, all ayes motion carried.  
 
10. Docks & Coastal Management  
a. Supervisor’s Report
Motion per Jane Olson    to accept the Harbormaster’s report as presented, seconded by Tim
Nelson, all ayes motion carried.  
 
11. Wastewater/Water
a. Discussion and consideration of Agreement for Engineering – Five J’s Trust - James Rankin, Charity
provided a synopsis of situation.  
Motion per Jane Olson to sign an agreement with Mr. Rankin for Engineering of the Lateral on
the Rankin property to be reimbursed in full by Mr. Rankin, seconded by Tim Nelson               
all ayes, motion carried.  
 
OCTOBER 12, 2009 VILLAGE BOARD MEETING MINUTES
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b. Plant Manager’s Report
Motion per Tim Nelson to accept the Plant Manager’s report as presented, seconded by Jane
Olson, all ayes motion carried.  
 
12. Treasurer’s Report
a. Bills to be paid: Add bill from Niles Weborg $435.00 for support for the Fire Department.   
Motion per Tim Nelson to authorize payment of bills approved tonight, seconded by Kathy
Kirkland, all ayes, motion carried.  
 
b. Treasurer’s Report: Closed out original IOA money market, we opened account at Bank of
Luxemburg at 2% interest. A check less checking account.  
Motion per Sue Sherman to accept the Treasurer’s report as presented, seconded by Tim
Nelson, all ayes motion carried.  
 
13. Communications / Correspondence: Nothing immediate
14. Visitors’ Comments: none
15. New Business for Next Meeting: Discussion by Board members who desire one more budget meeting
prior to Public Hearing. Wastewater wants to review WW budget after a lump sum salary is determined
by the Board, and then Board will review again. Monday October 19th at 6:00 pm budget meeting.  
Motion per Tim Nelson to set meeting for 2010 budget public hearing November 9th , seconded by
Kathy Kirkland, all ayes, motion carried.    
 
16. Move into Closed Session per §19.85(1) (c) Employment, promotion, compensation or performance
evaluation of employees.  Meeting will return to open session before adjournment.
Motion per Tim Nelson  to go into closed session per Wisconsin State Stats 19.85(1)(c) to discuss
Employment, promotion, compensation or performance evaluation of employees, seconded by
Kathy Kirkland, all ayes, motion carried.  
Poll of Board: Kathy Kirkland –aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye,
all ayes.  
 
Motion per Tim Nelson  to come out of closed session per Wisconsin State Stats 19.85(1)(c) to
discuss Employment, promotion, compensation or performance evaluation of employees,
seconded by Kathy Kirkland, all ayes, motion carried.  
Poll of Board: Kathy Kirkland –aye, Jane Olson aye, Tim Nelson aye, John Cox aye, Sue Sherman aye,
all ayes.  
 
Motion per Tim Nelson to proceed with personnel budget as discussed, seconded by Kathy
Kirkland, all ayes, and motion carried.
17. Adjournment
 
Motion per Tim Nelson, to adjourn this meeting of the Board of Trustees at 11:30 PM, seconded
by Kathy Kirkland, all ayes, motion carried.  
 
Respectfully submitted,  
 
 
Susan Shallow-Deputy Clerk



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