2005 BOARD MEETING MINUTES
BOARD OF TRUSTEES
MONDAY JANUARY 10TH, 2005
PRESENT: Paul Burton, Tim Nelson, Marc Paulson, John Cox
LATE ARRIVAL: Craig Neddersen
ALSO PRESENT: Treasurer/Zoning Nancy Goss, Fire Chief Niles Weborg, Officer Mark Merrell,
Wastewater Plant Manager Dave Alberts, Diane Kirkland, Administrator/Clerk
CALL TO ORDER
President Paul Burton called the meeting to order at 7:01 PM.
CHANGES IN AGENDA
Cox wants to address the cell phone tower under Administration/Zoning. He also wanted to comment about the
Zoning letter and asked whether it should be public or in closed session. Burton felt the Board didn't need to go
to closed session.
Cox also mentioned the Wastewater Committee minutes, that Brad Rasmussen (whom he has no problem with)
has been hired by Wastewater and should've been approved by the Board. Kirkland said that the Ordinance
says that Wastewater can hire/fire/compensate or at least recommend compensation. Cox said that every other
person hired since it became a Committee has been approved by the Board; Burton said that would require a
change in the Ordinance. Cox stated that the only other personnel who can be hired without approval is
Harbormaster help. Burton agreed that it should be across the board as approved by the Board, because the
Ordinance is written that Wastewater has approval at this point. Cox asked if Wastewater could also dismiss an
employee; Kirkland said they could. Kirkland will refer to the Ordinance for the exact wording.
There were no other additions or changes.
PREVIOUS MINUTES -No changes in the previous minutes were offered. Paulson moved to
accept previous minutes as submitted.
Nelson seconded. All ayes.
Mark Merrell said that Town Line Road is very bumpy and deer abound. It has been quiet in the Village,
although there have been a couple of minor traffic accidents. Burton thanked Merrell for his attendance, and
Merrell left the meeting.
Weborg handed out the report. December was fairly busy with some false alarms. First Responders are being
taken care of out of the Gibraltar group rather than Northern Door First Responders. Kirkland has not gotten
final approval from the Gibraltar attorney, but Weborg understands that the agreement has been finalized.
Weborg does still respond to Southern-Northern Door calls. Fire prevention material ($600) has been
purchased by Liberty Grove, and they'll be sending a bill. The first Fire Prevention Week was excellent, and
they're looking at a grant for a burn trailer which can be used for kids' education. Baylake Bank.
Northern Door Chiefs have met, and they're talking about meeting with Gibraltar School District and with
government agencies to get up to date with fire prevention and anti-terrorist programs. The re are flip charts for
teachers to follow depending on the emergency.
There’s a team trained for structure fire with air packs, etc., amongst the Northern Door communities. The
written agreement for mutual aid for Northern Door hasn't been updated for several years; people have changed
positions and so on. Uniforms will be added in the 2006 budget. The fire permit for Fyr Bal fireworks has been
signed. Weborg said that Paul Soper has been working on the computer to get it updated for a future audit. He
reported that there has been good response on the annual letter for donations. Extended coverage for
firefighters beyond workman's comp for Theresa and family, gave a $2,000 donation for the Fire Department;
there will be a memorial for Bill, perhaps another flagpole. Weborg also reported that Oscar Boldt will help
with engineering the old fire station. Weborg met with the Ephraim Foundation on ideas, and they were
receptive and interested. Burton asked if he'd have something for the newsletter; Weborg said he will.
Noted that Weborg has appointed Earl Shabbit to take Bill Weborg's place as Assistant Chief.
Plant Manager's Report. Dave Alberts handed out a Plant Manager's Report, which is the same as he handed
to the Wastewater Committee. He said the lift station project on Town Line is well under way. They're
grinding behind the Treatment Plant a week and a half early. They've grinded up to Town Line and now they're
on the Ephraim side, working on a lateral. Machinery and dirt is around the plant. Kirkland said she has
received more information about the Clean Water application; she's waiting for Engineered Products, Inc.'s
signed contract from Jim Kalny. Burton said Liberty Grove met last Wednesday re: the easement agreement,
and they wanted a few minor changes, which Kalny is working on. The construction can continue as soon as
those are ironed out. Kirkland said Liberty Grove is meeting again on Wednesday night to continue to talk
about changes. Kalny has asked Kirkland to put together a resolution regarding it so they can finalize things
after the meeting without further delays. Kirkland handed out the Resolution and all read it. Nelson moved
to approve the Resolution re: Liberty Grove right -of-way easement.
Paulson seconded. All ayes.
Change Order. The original bid came in very high so we rebid the lift station. Part of the change is that
Advance Construction will do rock trenching and install the wet well; Kirkland handed out the revised lift
station pricing. It adds $82,625.80 to Advance’s contract but still saves from the original lift station bid. Cox
asked if the Wastewater Committee approved the paperwork; Burton said it had. Burton moved
to accept Change Order #1 for Project No. E125-04A.
Nelson seconded. All ayes.
Alberts said that the Beadell property on North Shore Road was going impinge on the sewer line, so the line had
to be moved. Harbor Construction moved it 7-8 feet toward the bluff, by blasting into the bluff. The problem
arose because they were supposed to have State-approved plumbing plans; Dale Williams said it was a repair,
but Alberts said it wasn't. Williams was going to get hold of Hugh Mulliken; Burton asked Mulliken if there's
any reason the project should go forward until the plans are State-approved, and Kalny felt we couldn't stop
construction of the structure but could deny them occupancy until it’s squared away. Dale indicated they often
go ahead and get state approval later; he wasn't sure at what stage the approval was right now but that he got
permission from Hugh Mulliken to go ahead without State-approved plans. Burton stated his feelings that we
shouldn’t do it this way for a municipal sewer line.
Bills to Be Paid. Kirkland said the large bills are due to settlement on taxes, about 15.6% of total tax expected.
New year dues and end-of-year are also included. Burton said computer supplies continue on new bills; how
much is in the budget? Kirkland said that was a fire department program upgrade; Weborg each municipality
needs its own ID number at this point so they had to buy the software. Cox commented that the anti-spam
software is $10/year, but because the company also hosts the webpage, we should get it for free. Kirkland will
ask about it.
Re: Dock phone expense; is the $46 charge monthly? It is. Cox said that Keith is making calls on his cell
phone for the project that is getting charged out to Docks. Kirkland hasn't seen that bill yet, but it'll be itemized.
Alberts said the incoming calls aren't traceable, so it’s hard to tell what account they should go to. Cox isn't
overly concerned but it is off a different budget.
The embroidery charge is shirts for maintenance people, Kirkland said.
to approve bills to be paid.
Burton seconded. All ayes, except Nelson, who abstained because there's a Good to Go plumbing bill among
Year-to-Date Figures. Kirkland said the Village hasn't been audited yet; that will be in about a month. We'll
come in under budget, probably about $30,000 carryover in General, Goss added, with $40,000 for Wastewater
for a Replacement Fund, according to Alberts. We still owe Gibraltar Fund about $55,000 but once loans come
through, that can be repaid. The Board agreed to accept the YTD figures.
Treasurer's Report. Year-End Report reflected what's in each account at the end of the year; we're combining
the two accounts of the Village and Wastewater. As soon as Wastewaters’ checks have cleared, everything will
be put in one account. The Investme nt Pool account report shows interest as of December 2004 at 1.9% but it's
the highest rate since December 2001. The Pool Account #4, the original debt, has been taken down to the
amount left as far as interest, and it's now called Wastewater Infrastructure Reserve. Another account, #8, for
2005 is Docks Reserve. Nelson moved
to accept the Treasurer's Report as submitted.
Paulson seconded. All ayes.
Burton mentioned that in terms of Schuder, the property tax on all taxpayers will go up.18%., translating to a
tax levy of about $4 on a $200,000- valued property.
Bid Opening. The bid for the demotion on the Schuder property, carting away, rough fill, topsoil. There are
four bids; Kirkland opened them and placed them on record:
* Heritage Lake Development Corp. from Mike Parent, is $18,500; $4,625 due prior to start of work with
balance due upon substantial completion and included capping sewer lines.
* Harbor Construction bid is $13,800, tipping fees based on tonnage, $14,400 for $28,200 total, submitted by
* Hockers Excavating bid $24,586 with "costs varying" depending on how many trips taken, etc. $6,480 was
their tipping fees but they gave only half the tonnage of Harbor.
* Lily Bay Sand & Gravel in Sturgeon Bay bid at $25,827 with the option of removing asphalt for another
It seemed like an even comparison except the first bid needs clarification as to whether it includes disposal fees.
Kirkland will find out. Burton said if it includes tipping fee, Heritage Lake certainly is the lower bidder;
however, being paid in full by substantial completion should be defined. Lily Bay didn't give a tonnage
estimate and doesn't mention tipping fees. Weborg said no specs were given for bidding, so there are bound to
be questions. Alberts asked about Wastewater concerns: Did the other three bids include capping sewer lines?
Kirkland will find out. Weborg felt 108 yards of topsoil from Hockers didn't seem enough. Cox likes the idea
of using recycled materia ls as proposed by Hockers; Weborg felt not much fill would be needed. Burton asked
about Hockers as a backup once all questions are answered. Cox is wary of tipping fees; if there's variable, it
could cost quite a bit more. Kirkland said 120 versus 200 tons was the spread on two bids. Goss mentioned
that the Village and ILL require demolition permits. Kirkland will follow up with Goss.
to give the Schuder property bid to Heritage Lake if it includes tipping; if not, Hockers as a backup if
they meet all requirements.
Nelson seconded. No further discussion. All ayes.
DOCKS & COASTAL MANAGEMENT
Kirkland said that Keith mentioned that the Ordinance still didn’t jibe as far as some of the numbered
docks/areas coinciding with zones, etc. It should be fixed, a housekeeping issue.
Administrator/Clerk Report. Kirkland said in the Hangar Lease agreement, we lease the space underneath
and the lessee pays for the hangar itself; however, if the owner is selling a hangar they've built, they have to
give first refusal to Gibraltar and Ephraim. Do we want to buy a hangar? Gibraltar already said they did not.
Cox asked that, since this is public property, why isn't it offered publicly? Kirkland said the airport has a
waiting list to lease the land and build a hangar. Cox said if there's a waiting list, it should go to the top down
because it's municipal grounds. This sale may not be included, but in the future there should be a method of
awarding it to the people in line. Paulson felt it's a personal decision; Kirkland made the correlation that you
couldn't sell a boat and also the slip to go with it. Cox still felt there should be some rules. Paulson felt the
owner should be able to sell it for highest bidder; the leasing of the property is incidental.
Kirkland said the question right now is whether we want to buy this hangar; nobody was in favor of that.
Weborg stated that there's a list of people wanting hangars; he felt the people in line should have refusal at the
owner's stated price. Kirkland will find out from Myrv Somerhalder if there's a priority list for buying. Cox
to pass on buying the [Debbink] hangar.
Nelson seconded. All ayes.
Wedding Request. Sarah Tasker has requested an August 6th wedding. Sue has checked with the Hardy
Gallery if there is conflicts; there is not. It will be a small wedding. The Plan Committee will give final
approval if the Board approves. The Board agreed and will pass it on to the Plan Committee.
Draw for the Orde r of the Ballot. Neddersen is not running; John Cox is running and Sue Sherman is
running. Weborg drew Sue Sherman as the first name listed on the ballot for the Board. For president, Burton
and Keith Krist are running. The draw for first on the ballot went to Keith Krist.
Zoning Administrator Report. Goss reported that it has been a quiet month. Burton felt building and zoning
have been difficult in 2004. Goss said the yearly report of private residential buildings for the State, and in the
year between 2002 and 2003, there were new houses went up 49%. Last year, between 2003 and 2004, it went
up another 78%, and that doesn't include the businesses like High Point. Goss read the value of new buildings
built from 2002 on—it has increased exponentially. Burton noted per Nancy Goss’ letter, the Zoning
Administrator position is difficult. With 2005, Burton felt that the Board should insist that complaints be in
writing; otherwise, he's personally reluctant to pay attention to them in Closed Session, etc. Burton felt Goss's
letter to the Board should be on file; it was well constructed and made significant points. The letter will be
taken into consideration in the future; he's not inclined to start off 2005 with further consideration.
Cox said whether the cell tower goes in or not doesn't matter to him; however, he's baffled by the Plan
Committee minutes re: the clout that non-residents and non-taxpayers have in regard to zoning rules. When we
notify Liberty Grove, is that out of courtesy or requirement? Goss said anyone within 300 feet has to be
notified; if it's another municipality, we notify the municipality, and it’s their responsibility to notify their own
residents. Cox asked how much clout does a group like that have--in a case such as a cell tower, windmill, etc.-
-in our economy? We don't seem to be asked when someone goes in next door, such as a sawmill, kennel,
Smart Growth low- and middle- income housing. Burton said if what we do impinges on others' qua lity of life,
we should listen to what they have to say; Cox felt we've been soliciting advice, not just listening.
Kirkland said a cell tower is somewhat different because it's tall and other people can see it; but it's also an
income-producing for the Village, and it will lower our taxes, so we need consideration too. Cox still feels
taxpayers should have a stronger say; however, we have no influence over development next to the dump, for
example, and that impacts our Village but we are not asked about it. Kirkland said we're also required by law to
have it somewhere and they have to prove it has to be in that area for proper coverage. Goss said Liberty Grove
did not put up a cell tower a few years ago because of resistance from Ephraimites. Goss said we need
intergovernmental cooperation, vis a vis Smart Growth.
Cox said the issue is not specifically the cell tower; it's the political boundary. Paulson said they have as much
clout as we will allow them to have. It's not possible to make a policy statement that non-Ephraimites don't
have as much clout. In this particular case, people will complain about the tower no matter where it goes; but
we have to go with the best place for a tower; it can’t go just anywhere. Burton said the way to handle it is to
initially listen and let them vent, and eventually the Village will do what it needs to do in our best interests.
Burton felt this County should look at itself as a whole, that what happens in each community affects the others.
County zoning is a big problem. Weborg said when Nelson Shopping Center was going to go in, Ephraimites
spoke against it.
Nedd Neddersen joined the meeting at 8:30 PM.
Weborg asked what happens when technology changes and Cellcom goes out and satellite comes in? Do the
cell towers get taken down? Goss said there's an Ordinance provision that they be dismantled if not in use.
Communications & Correspondence. The Bill and Doris Price wrote a letter protesting property taxation.
Cox said they've been reevaluated; he was also hit by it. The Prices’ neighbor sold their house for $1 million,
so that's what happens. Kirkland noted that their taxes did go down this year.
Elements from the Sign. Burton passed around examples of symbols from the main Ephraim entrance sign for
consideration as a logo on smaller Village signs.
Board of Appeals Appointment. Burton is wondering if we should have another person on the Appeals Board
in the event that Larry Lewis wishes to become an alternate until he recovers to a greater degree. Tom Schuder
has indicated he'd be willing to serve as a backup. Nelson felt Lewis should make that decision; Burton said
that Lewis will be participating in an upcoming Appeals meeting. Nelson asked how the alternates are chosen;
are they rotated? Kirkland said alternates are chosen for particular meetings based on whether there's a conflict
of interest and who's available. Burton said the ideal is someone with Plan Committee experience. Nelson felt
Schuder's a good choice but he doesn't want to be presumptuous about Lewis. Burton moved
to appoint Tom Schuder as an alternate on the Appeals Board.
Nelson seconded. All ayes.
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
Weborg said he no longer has a chair of the CPC Committee. Tom Brendel has asked to be relieved from that
position. Burton asked if anyone comes to mind. Weborg said on the committee right now are Keith Krist and
George Reynolds; Nedd Neddersen is about to go off. Burton said Sue Sherman may want to be on it, replacing
Neddersen, as she was on the committee before.
Weborg also reported that Mike Mitterman said all the roads are trimmed, but Weborg doesn’t believe that’s the
case. Mitterman will be giving Weborg a list.
Burton moved to adjourn at 8:40 PM. All ayes.
Kathy Kirkland, Transcriptionist
Village of Ephraim
Village Board Minutes, February 14, 2005
PRESENT: Paul Burton, John Cox, Craig Neddersen, Tim Nelson, Marc Paulson
ALSO PRESENT: Village Administrator Diane Kirkland, Treasurer/Zoning Nancy Goss, Fire Chief Niles
Weborg, Plant Manager Dave Alberts, Docks Manager Keith Lindstrand
CALL TO ORDER
President Paul Burton called the meeting to order at 7 PM.
CHANGES IN AGENDA
Burton called for any changes in the previous minutes; there were none. Neddersen moved
to approve last month’s minutes as submitted.
Tim Nelson seconded. All ayes.
Fire Chief’s Report. Niles Weborg asked for any comments on his report. There were none. Kirkland noted
that she put in a FEMA grant request last spring for half the fire station’s air system and included cancer causes
and liability issues in the grant proposal. Mark Green’s and Russ Feingold’s offices called to say that the
Village got $20,000. Weborg said that ventilation is vital for the health of the firemen. There are a couple of
different wants to ventilate the station, and they’ve chosen what they feel is the best one.
Weborg got a letter from the County about putting in a burning ordinance; he told them it would cause problems
if the residents can somehow feel they can have burning barrels; our ordinance is stricter than County’s. They
subsequently asked Kirkland to send the ordinance to review the language for Ephraim.
Weborg said the van is up and running, and Sister Bay/Liberty Grove bought the old van. Olson and Airworks
have not sent bills yet, but they’ll be coming.
Nelson asked about the accident by Europhia; there was another one in December at that same location. Is it a
good opportunity to talk to the DOT about a sign just north of that rise to say, “Reduced speed ahead 35 MPH”?
We can’t do signage cha nge unless the State approves. Kirkland suggested “Watch for icy curve” or something
similar. Weborg doesn’t feel DOT would have a problem with it; several Board members said we’ve tried it
before, however, and Cox said a 10-mile-an-hour drop doesn’t get approval but that we could give them
statistics to back up our request. Burton felt that a letter to DOT expressing concern and asking us to help deal
with the dangerous situation might get a response.
Sheriff Patrol for Fourth of July. Do we want an off-duty sheriff patrol this year? Kirkland said the private
security people’s presence last year wasn’t as “intimidating” as someone in a uniform. Nelson said the problem
last summer was that the people were too intimidating; they were enforcing the law, and that’s what they were
hired to do. Cox noted that they didn’t have authority to issue citations. Kirkland pointed out that the statute
says that, above a certain size of fireworks, you do need a permit. Goss spoke to the representative from the
sheriff’s department and explained we’re concerned about our ordinance; he said people know that private
companies don’t have the authority, but off-duty officers do have the authority to enforce. Goss said that Sue
Shallow has been handling it; there has been interest from off-duty or reserve policemen.
Discussion ensued over whether they’re effective at all, since most of the complaints have been about fireworks
before and after the Fourth, not on the holiday. Nelson is more in favor of doing nothing; if we try to enforce
that kind of ordinance and someone gets hurts, it’ll be the Village’s fault. Weborg answered that if there’s dry
weather, it could be a problem. People who come from out of state bring whatever is legal in their state.
Paulson agrees that if we do it, let’s do it with authority; but he felt that selecting one ordinance for one night of
the year for extra enforcement is not money well spent.
Burton felt it should be controlled, but it’s not realistic to do so; we’d be better off doing nothing than hiring
someone for one evening. Kirkland suggested a campaign to make sure people get a permit; Nelson suggested
notice at the Post Office and that local businesses could have brochures from the Village. Neddersen said
hotel/B&B people could give guests notices about the legalities; they already do. The Board felt jointly that we
should make notice of the ordinance but not do anything formal. Cox suggested that we should revisit this for
2006 after reviewing what happens this July.
Plant Manager’s Report. Dave Alberts handed out a report. Brad Rasmusson has completed his Wastewater
classes at NWTC and will take his operator’s exam in May. He’s also registered as a septic hauling in training;
Alberts is overseeing him, and there’s also an exam in May. Don Richter has been training Rasmussen. Richter
is also setting up the computer to do electronic reporting to the DNR and electronic public water testing. An
outside company is installing a program on February 24th . All hauler billing is done through the treatment
plant, and Richter is doing that. The new $129 program works well.
Effluent is 5.7 mg, and the permit allows 30 mg, so the plant is doing well. There’s a maximum of 1mg/liter of
phosphorus; we have .4 this past month. There are some outstanding billing balances throughout the Village;
Wastewater Committee recommends that Alberts call those individuals to pay.
Not all grinder pump inspections are in; Rasmusson is gathering that information so he can send out a letter
about yearly inspections. Sewer assessment fees in the new ordinance wasn’t specific what the charges should
be, just that Committee should set the fee. The new formula is now in there.
High Point employee house is an issue being brought up this Wednesday re: who’s going to pay for the lateral.
From the Village sewer to the property line, the owner felt the Village would pay; there was miscommunication
between Bob Salmi and the owner, with no documentation, so it was put in the Mead & Hunt plan that the
Village should pay. Burton said if a house had been there already and had a grinder pump, we would’ve been
obliged to do it; but that’s not the case. Cox is worried about setting a precedent; Paulson said the grinder pump
people have paid for their laterals even if they did have grinder pumps...has anyone received a free lateral in the
past? Kirkland said it’ll be cheaper for High Point because the crew is up there working anyway, but it doesn’t
necessarily mean we should pay for it. Kirkland said they wouldn’t even have to hook up to sewer; the property
doesn’t abut to Highway 42. Weborg said if the employee housing doesn’t work, how could they sell it off?
Cox asked if someone beyond that property will benefit by it eventually; Nelson said if there’s no other value,
they should either say they don’t want it or buy it. If they do it, make it an 8” pipe instead of 4” so that it can
have future use. Burton said the Board’s feelings will be given to the Wastewater Committee.
Alberts said the Plant has 16 water meters, which they’re selling for $50 apiece. Wastewater Committee
approved extending the infusers; there’s not a proper mix with fine bubble. Gary Kincaid OK’d a new plan, and
it’ll cost about $2,000 out of the Contingency Fund. Lift Station 2 pumps may not perform well with too much
back pressure, unless the propellers are trimmed; we could purchase a new pump, and Kirkland is looking into
whether that could be rolled into the North End Sewer Project. They could also purchase one pump this year
and one next.
Update on Sewer Project/North End. Alberts said the wet well is in place at the new station; footing and
foundation is ahead of timeframe. Electrical contractors have been there to rough in electrical; gravity line from
the treatment plant to the Rathsack property. There was an issue with a tree outside the public right of way in
Liberty Grove where the force main was 10 feet into the road, and with the trencher to turn, it was in the Liberty
Grove right-of-way. The homeowners gave him a verbal agreement to go ahead; Wastewater Committee
needed documentation. It was signed, and the tree was taken down. Road closings are scheduled for February
23, 24, 25 and March 1-3; detour will be County Q to 57. There was a force main issue, which will be pumped
out into a truck. The force main will be down for good in a couple of weeks. They’re hoping to have the
project done by April 1 st . Burton said things are going well and they’re making good progress.
Change Orders for Approval. Engineered Products for the lift station is to add two explosion proof junction
boxes and replace three 4” swing check valves with three 4” ball check valves. It would be $2,544.71
additional. Nelson moved
to approve the Change Order for Engine ered Products.
Burton seconded. All ayes.
DOCKS & COASTAL MANAGEMENT
Cox said there have been issues with the DNR lately. Anderson Dock upgrades were approved and are in
process. Permits for a couple hundred yards of dredging have been approved, stone breaker rock on the east
side and the change of configuration of the piers and removal of the solid bases. Keith Lindstrand is putting
together a bid package to present to Coastal Management on Thursday night. If Mike Kahr gets the bid, he’d
get the breakwater in spring, after dredging; the reconfiguration of the pier may have to wait until fall. The
budget that was approved was about $60,000 for Anderson Dock; the breakwall would be $2700, stone $3200,
dredging $2,000, removal of piers $6000, which leaves $21,800 for reconfiguration, which should be doable.
The budget looks workable. Burton noted that it’s not grant eligible, and it would come from the Enterprise
Fund; doing it in two stages might be preferable. Lindstrand agreed; looking at the dynamics of the waves
might be a learning experience, and there may not be time to do both parts. The pier work would use materials
from other projects, too. Neddersen asked if he’s making the bid contingent on the timing of the project?
Lindstrand said it’s up to Coastal Management; Cox said they want permission to proceed. All Board members
agreed it should go forward. Kirkland asked if the work should be done on a loan or are they going to use the
$50,000 left over from the previous years to do it? That will be decided at the Thursday meeting; Cox said
we’d lose interest but we’d gain money by not borrowing. Goss will let them know the figures. Kirkland also
said someone from Coastal Planning called and asked if the DNR has given permission. Burton guessed that he
might be associated with a firm who may want to bid.
Firehouse Dock. There are a lot of projects they’re trying to finish. Lindstrand said the biggest question from
DNR to be answered is a dredging permit; engineers have approved it, an affidavit has been sent back, but
there’s still no permit. He’s been on the phone trying to track it down. It’s 800-900 cubic yards, about $12-
$14,000, which would have to be published for bid. Until we get the permit, however, we can’t go forward.
After the dredging, the pier can be finished from last year. There are a couple of other maintenance projects
such as a area along the North Pier for digging storage, etc. Burton asked where the DNR guy is; he’s in
Mishicot. Cox said there’s a March 15th deadline for dredging; if not, we’re stuck throughout spring and the
spawning season. Despite all of that, we should be within budget on the Firehouse as well. Cox will also try to
call and perhaps ask for the man’s supervisor.
Burton asked if the four parking spaces are out; Cox confirmed. Neddersen asked about the Christofferson
property; Cox said where the stones stop, it’ll be steel sheeting, and the path will meet up with the concrete
down to South Shore Pier property. Buildings and Grounds is talking about the path’s configuration.
Lindstrand asked if either the path or the landscaping of Monument Park be tied in with the new property?
Burton said that committee meetings on Thursday; Monument Park receives first priority. Lindstrand said they
might like to do a crosswalk or something to tie the two together. Weborg said there was a sizeable drain tile
coming out; there might be drainage problems. Kirkland will call Mitterman about the drain outlet at the
Bills to be Paid. Nelson asked about the snow/ice control: manholes and hot stuff flakes; Kirkland said the
flakes are for sidewalks; the manholes should be in the 5330 category above unless they tarred around them for
the snowplows. Cox asked about Ferrellgas and Lakes. Kirkland is studying how many gallons are being used
a year; we rent one from Ferrell, and we’ll probably have that tank taken back and go out for bid. The new
tanks seem to cost the same as the old ones. Cox agreed that going out for bid is the way to go; we have a big
contract. Burton asked about Page 8, B&G Phone, the total for the Ford truck fuel is $376.34; is that for all the
vehicles? Kirkland said it is. Burton asked about $296.86 for Dock Electric is for the pumps down there; Cox
said they’re a money-saver in the long run and can be shut off in a few weeks. Paulson asked why Mike Walker
got paid twice this month; Kirkland will double-check those figures. Cox moved
to approve the bills as presented.
Paulson seconded. All ayes.
There are no 2004 figures in until the year is closed out, but YTD figures are in there insofar as they can be.
Nothing jumps out.
Treasurer’s Report. January 31st report was handed out. The sewer checking shows $167.50 because the
sewer account was closed out; those old checks were never cashed. Associated Bank mentioned a Money
Market Platinum Account; it’s 1.87% compounded monthly, so it was switched. Today, McMurtry said it
wasn’t for municipalities and businesses. So it was put back into .75%, but they’ll look at accounts with better
interest rates. Last week, the auditors were here and said, “It’s a pleasure to audit a municipality with such
clean books; Ephraim gets an A+.” They said the Village financial work is more sophisticated than most.
to approve the Treasurer’s Report as presented.
Nelson seconded. All ayes.
Update on Shoreline Project. Mitterman did a written report. Mike Kahr is almost finished with stone
placement and will be doing sheet piling across from Wilson’s. Kirkland is going to make sure Mitterman
knows that the parking places aren’t going in. The six- foot path is cheaper and more durable. This has to be
taken to Historic Preservation Committee for the streetlights; the Plan Committee and Board approved the path.
There may be an over lot coverage question. Cox said HPC doesn’t have to give input; you can notify them and
just as a courtesy we should let them know. Lighting is proposed for two or three lights in front of the Hall, two
or three by Hillside; HPC may have objections but the Board will have to stand firm. There is a tree that’s
dying on the Village Hall park. None of the Board objected to taking the tree down. There are three other trees
in question to the north of the Village Hall Park; a willow and two smaller trees. Should they come out or be
trimmed up? Neddersen felt one out of the three was decent. Kirkland will mark two of the trees.
Park Names and Signage. Kirkland said it had been decided that any signs should have the sailboat logo like
that of the entrance sign. Nelson still felt it should be the two church steeples, the unique aspect of Ephraim.
Neddersen agreed. Burton will try a few alternatives. The question was discussed as to whether there needed
to be signs at each park and what do we name them? Should Olson Park be official? Neddersen preferred
fewer names than more. Nelson asked why we should name every parcel? We can refer to a property but what
good does it do? Neddersen said give the entire parcel one name, “Village Park” or similar. Burton said a few
signs would alert the public that this is public property. Some liked “Monument Park” instead. Burton
suggested we table the discussion. After landscaping, etc., we can revisit it.
Report on County Beach Water Testing. The County is going to meet with communities interested about
beach testing last year. Mitterman went to the meeting. We were rototilling the beach to see if it helped or not,
but it wasn’t addressed it at the meeting. They did say we were one of the four beaches with e-coli. Burton
ordered a copy of an 85-page report that will be in the Smart Growth findings. Weborg went to several
meetings, and they can’t tell you why but you get low water, e-coli appears; at high water, it disappears. The
problem is what’s draining out of the swamp in Ephraim, and the rototilling has helped as far as kids not
playing in stagnant water. Burton said run-off after heavy rain is the No. 1 culprit; we should look at culverts,
drainage into the bay, etc. Weborg said there was a call in Baileys Harbor with sludge on the beach; the moss
from the lake washed up on the beach and it fermented and smelled like sewage.
Streetlights Proposed. Nelson asked about repairing the south side of Cedar/Moravia; the light is flickering.
On the map, it was noted that Pioneer Lane has what looks like an extended walking path. Neddersen doesn’t
see a reason to do that, and Cox said it can’t exit onto a street with no crosswalk. That will be taken off.
Kirkland said the question came up about what to do with the old globes; the idea is to pick the best of the
bunch and put them into Municipality magazine and see if anyone bites. Cox asked if Kirkland talked to Bay
Breeze about the poles; Kirkland said she’ll ask her; she does want to sell.
Letterhead Change. The letterhead change will go along with using the sailboat (or other proposed) logo.
Cox said when the fire e- mail address was redone, it was @ephraim-wisconsin.com. It’s probably the way go
to for the Village, too. Everyone like the idea of shifting over to the new one. Aside from deciding on an icon,
everyone liked the layout of the letterhead.
Airport Hangar SOPs. New SOPs say “no more than 20 gallons of flammable liquid”; Kirkland asked
Weborg if that’s OK with the Fire Department. Weborg said no more than 10 for storage; it doesn’t count fuel
in the actual airplane tank. Weborg said people who won’t buy it off the fuel truck for service will haul in their
own fuel; we shouldn’t bend the rules now that we have a fuel truck. Weborg will call Myrv Somerhalder about
it. Kirkland saw nothing else unusual. They’re requiring key boxes installed on the hangars with annual fire
inspection and permits on windshields, fire extinguishers, etc. Non-airplane related storage cannot exceed 30%
of hangar space.
Upcoming Conferences: Zoning/Unemployment. Kirkland will be attending an unemployment conference
and Goss a zoning conference. March 8 and April 8 are the dates, respectively. The office will be covered.
Change in Language/Commercial Zone. The new language would take of some problems; e.g., in the North
End it would help the Rathsack situation; they want to hook up their guest cottage to sewer, they’re in a multi-
family zone. But the ordinance states any residence has to be 1,000 square feet; they would have to expand the
guest cottage, which would change the character and destroy the charm. In the center of the commercial area
with Hugh Mulliken, the language would allow in the multi- family commercial district would solve his
problem. The Lindbloom property in the South End is rented out on a seasonable level, which could apply for
multi- family but most are not 1,000 square feet. Allowing it on a conditional- use basis would give control to
the Board but flexibility to people who have these artificial barriers. The Plan Committee passed the language
and sent it to the Board. Paul Wilson said any unit less than 1,000 but over 600 could be considered for
residential, which is the language is now. Goss said it’s for those less than 600 square feet, it could be
expanded to 600 instead of 1,000, with Mulliken’s situation. Paulson said current transient commercial units
600-1,000 square feet could be converted to residential now that we have multi- family. Wilson said there are
some precarious comparisons with occupancy types; the County decided if it’s in a certain district, they don’t
care what the occupancy is, that it’s too hard to police. There are some resort commercial in the Village that are
now being used as residential or mixed; e.g., Ephraim Guest House could convert part of their units to
Burton restated that it would be conditional use; he’s comfortable with the language. Neddersen asked if it’s
true that you can get conditional use approval, why would you reference Board of Appeals after the fact? Goss
said there are properties in town that previously went to Board of Appeals, which has decided nothing more can
be expanded ever. This language would put in there so that all Board of Appeals decisions would stand. Cox
said a second Board of Appeals can overrule that. Goss felt Cox shouldn’t approach this subject since he has a
personal interest in this issue. Cox felt he could make the point. Cox said there are plenty of properties not
being used. Kirkland noted that if Roger Larson wanted to stop renting, he couldn’t go to year-round homes.
Paulson said that, with Mulliken’s property, the natural division of a building might be less than 1,000 square
feet. There are concerns about density. Weborg said you’ve made it confirming to those who are non-
conforming, and it bails out people who knew they were against the ordinance. Paulson said if they still have
the right to appeal a Board of Appeals decision, they can go through the process again; the Plan Committee
should not be forced to apply the standards that a Board of Appeals decided.
Burton said we should set this for public hearing and moved
to set the matter of changing the language in Commercial Zone ordinance for public hearing at the next
Cox isn’t totally comfortable with it; are there enough questions to go back to Plan Committee? Burton feels
comfortable, as does Paulson. Nelson asked if there’s a Statement of Intent to answer any concerns? Wilson
felt he shouldn’t have voted since he has units of less than 1,000 square feet, as others should not have. Paulson
said that it’s personal with nearly everyone on the Board and Committee. Kirkland asked if one of Neddersen’s
owners would let them stay a month or two; Neddersen said their Association won’t allow it--they’re not
designed for that. Burton asked Goss to consider an “intent” comment; the second “whereas” is a starting point.
Smart Growth Questionnaire. In 1972 we did a public questionnaire, another one in 1997, and the one that
the Issues & Opportunities Committee wants to send out expands into other areas that weren’t covered
previously. Nelson noted that it’d be hard to remain anonymous; care would have to be taken when collecting
data. Kirkland said the demographics would be interesting re: primary vs. summer resident. Burton said it’s a
long questionnaire and not user- friendly but useful.
Nelson said on the last page, “land use,” he’d recommend including a map of the Village that shows the
different districts. Also Question 4, there’s no reason “to make more affordable” etc...add a reason like the
other shave or take all of those options out. Burton felt the reasons were too leading. Under “Natural and
Cultural,” there’s a typo “Ephraim’s natural....?” and G, “...protect the bluffline“--where? Burton suggested
On the second sheet, #3, didn’t we decide not to talk about alcohol beverages anymore? Kirkland said we can
take it out. Committee Chair Kathy Kirkland asked if we are leading the respondent in some questions. Most
felt we were. Paulson stated as long as we’re getting people’s opinions, he wants the pulse of the community in
general. He felt we should leave the question in about liquor. Nelson said he hasn’t heard anyone in the
Village talk about Ephraim’s alcohol ordinance in relation to wanting to change it. It was brought up at Plan
Committee and discussed, but he doesn’t get a sense that the population needs another decision on it. Various
board members are opposed or in favor of asking it; Burton still doesn’t want to go there again. Nelson has
written a statement about it and wants it on the record. He read the statement and it is attached herewith.
Goss continued her Zoning report. She walked the Harborside and Beadell properties with Dale Konkol from
Soil & Water. Harborside is going to require a large plan over the next few weeks. Dave Bell is going to be
doing some contouring and drainage at Iverson; those plans will be forthcoming. A seminar on delineating
wetlands will be held here on March 3 and 15 here at the Village office less than two hours long. Shirley
Griffen is a specialist leading the discussion. The public could come to that as well.
Burton was commended for his answer to Russell Gilson.
Kirkland noted that on repayment of electricity to those who have our deco streetlights attached to their homes
or businesses, we save $2,000 a year because otherwise the meters would cost us $9.25 each per month.
Fred Bridenhagen would like to be nominated as the Plan Committee member on Coastal Management
Committee. Burton moved
to add Fred Bridenhagen to the Coastal Management Committee.
Paulson seconded. All ayes. For Community Protection, Board members felt that Sue Sherman would be good
on the committee. She will be asked.
Hiring Policy. Cox noted that Wastewater had hired Rasmusson without going through the Board, even though
Wastewater’s rules said they could do that. Cox felt there should be Board approval for any hiring because
benefits are involved, etc.; the Board is the employer as well as the Personnel Committee. There can be
different methods, but every hire should come for the Board for approval or dismissal. Paulson agreed. Cox
would like to consider changing ordinances to reflect that. Paulson asked if that includes seasonal; Cox said the
docks have their own hiring to streamline that, as Sister Bay does. felt all should come to the Board; Burton
said they’re representatives of the Village in the public eye and agreed with Cox.
Kirkland said the handbook says, “All job openings shall be advertised....” Neddersen felt each area should be
allowed to do their own search but all should be approved. Alberts felt that Wastewater should select someone
but that the Board should have approval. McMurtry said there was a selection committee with board members
on that, but she agrees that any hire needs to be approved. Burton doesn’t see a downside to it. Kirkland said
you’d only have to add language such as “with final confirmation by the Board.” Cox felt it should be the same
with dismissals; there are legal liabilities involved. Burton said the Personnel Handbook covers the rest; the
only thing that needs to be changed is the Wastewater ordinance.
If someone is needed in an emergency situation, Nelson suggested having someone come in as a “temporary
employment” that still would be subject to Board approval. Burton suggested putting it under New Business at
the meeting later this week. For Physical Facilities, would the new person have to wait until the next meeting
before they could start working? By the time someone is hired, gives notice, etc., it’ll be almost the next Board
meeting anyway. Nelson suggested an interim meeting could be held. Burton felt people should be hired
because they’re liked; they need to be the best qualified.
Burton has been working on a downtown parking map with the Ephraim Business Council for the information
center. We have about 212 parking spaces including the Harborside property in the Historic District all the way
to Brookside. The map will be used in the Information Center.
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
Weborg got a letter from Pat Zimmerman addressed to Paul Burton. Kirkland will give it out at the next Board
meeting. Weborg also asked about the old fire station drain under the floor out to the bay; it’s now got a wet
spot in the middle of the road during the spring. Now that we’re talking about renovations, there will be an
issue. There’s a light by the fire station that’s out, and Weborg still hasn’t gotten a tree list from Mitterman.
Cox moved to adjourn. Burton seconded. Meeting adjourned at 9:45 PM.
Kathy Kirkland, Transcriptionist
Special Meeting re High Point Inn
February 17, 2005
PRESENT: PAUL BURTON, MARC PAULSON, NEDD NEDDERSEN, JOHN COX
ABSENT: TIM NELSON
ALSO PRESENT: DAVE ALBERTS
Meeting called to order at 4:18 p.m. This is a recommendation from Wastewater about sewering the new
building at the High Point Inn.
Alberts noted that Wednesday's meeting was a lengthy discussion of whether the Village would pay for
anything on this new line. The Wastewater Committee recommended that the Village pay for the line up to
High Point’s property line. At the May 2004 meeting they approved the High Point to put in a grinder pump in-
-if they not run into some problems with zoning and had done it at that time, we would be replacing his line
with grinder pump just the same as the others.
Scott Lamoreux had been led to believe that the lateral would be put in for him at no cost. He will need to put
in a new well for this property. If he had connected to the High Point with a grinder pump, they could have
used that trench to put a line in to share the well at High Point, but can't do that now so a new well is needed.
Wastewater did vote unanimously to recommend we pay for it because of the fact that we could well have been
replacing his lateral and grinder pump if he'd been on time doing his project. There was nothing in writing from
Bob Salmi, who had originally promised Scott Lameroux the Village would pay for it.
Paul Burton noted we have been encouraging employee housing and the High Point is trying to do the right
thing. Motion by Marc Paulson
that we accept the recommendation by Wastewater to allow this installation of the lateral [to the property
line] at Village expense, noting that it is already included in the construction cost and plans and
eliminates a grinder pump. It will revert to private ownership just as all laterals installed during this
Seconded by Paul Burton. Question called - all ayes.
Meeting adjourned at 4:30 p.m.
Diane Kirkland, Clerk
Village Board Minutes
March 14, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson
ABSENT: Craig Neddersen
ALSO PRESENT: Village Administrator/Clerk Diane Kirkland, Zoning/Treasurer Nancy Goss, Fire Chief
Niles Weborg, Wastewater Committee Chair Karen McMurtry, Officer Mark Merrill
CALL TO ORDER
President Paul Burton called the meeting to order at 7 PM.
CHANGES IN AGENDA
There was a request to move the public hearing to the top of the agenda. Nelson suggested it go after Visitors'
Comments. Also under Old Business, Kirkland added the Smart Growth questionnaire and letterhead. A typo,
Goss pointed out: It should also be “Printer Contract” not “Copier Contract.”
Nelson moved to accept previous. Paulson seconded. All ayes.
MULTIPLE OCCUPANCY/PUBLIC HEARING
Goss stated that there was information in the packets with sample language provided. The addition of the
Ordinance language will take care of ongoing problems and also allow older buildings to be salvaged without
meeting the 1,000- foot minimum. Burton explained the Ordinance and the sample language to visitors.
Rathsack spoke about German School House and the Troll House brought in in the '60s. They want to enclose
the overhang but not add on to make it 1,000 square feet, which would disrupt the building's integrity. Burton
said it would require conditional use, as a safeguard, and a design review, so the Plan Committee would give
input. Nelson said he liked the idea, especially with the conditional use review so it won't get out of hand.
Paulson noted that it should be “less than 1,000” instead of “less than 600” in the second “Whereas.” Kirkland
said anything existing at 600 and more can already be used for residential from the previous Ordinance, so that
change has been made; it should be left as is. All agreed. Cox asked if something 1,200 square feet could be
two 600-square feet living spaces? He's not against existing structures, but are we creating a method to start
chopping things up? Kirkland mentioned the example of the Bethany Lutheran parsonage; it could be divided
into two living spaces of less than 1,000 each if the need suited it. Burton said if the space didn't allow decent
living space, the conditional use permit wouldn't be given. Cox said depending on who's on the Plan
Committee, it could be used in a different way.
Kirkland mentioned Hugh Mulliken's apartment space. Are we willing to open this door for 600-square- foot
residences? Can a condo project come in at 600-square- foot per unit? No, Paulson said, not new construction.
Nelson confirmed that nothing built after the date of this Ordinance could be included. Burton said if it got out
of control, it could be revisited. Nelson said if there's a 20x20 building that someone wants to use it for rental,
it's not clear that it has to be brought up to 600 square feet. The language says “may be expanded” but it's
doesn't sound mandatory. Nelson then suggested taking out the second “Whereas” altogether. Agreed. Cox
brought up Wenzel's cottage and Cardiff’s; how do those play into it? They’re grandfathered in but it would
have to be brought up to 600 feet. Billerbeck's cottage, next to the house, they could take it up to 600 square
feet, Kirkland said. Nelson noted in the third “Whereas” that it should be “reasonably” not “reasonable.”
Cox asked why we'd discriminate against somebody when it comes to a Board of Appeals re: their past rulings?
Doesn't our change automatically make us indefensible? Burton said that's not a problem. Kirkland said the
Board of Appeals would have to lift their past decisions or ignore it; they supersede Plan Committee. Paulson
said someone can go back to the Board of Appeals to change an old decision. Kirkland noted that it's just
commercial zoning, too, not village-wide. Burton said the bottom line is that we need to show flexibility in
terms of housing, and this is the first step.
Cox moved to
pass the Ordinance’s sample language with the second “Whereas” dropped.
Paulson seconded. All ayes.
Officer Mark Merrill reported that the Village has been quiet. Cox said there's exclusive speed on Q because of
the detour. Niles Weborg mentioned German Road, too.
Ephraim Historic Foundation’s Sal Jacobson wanted to make comments about premise signage; Goss will be
presenting language to the Board regarding non-profits. She said the Historical Foundation, Ephraim Business
Council and Hardy Gallery appreciate any flexibility. They've found banners that are five square feet to identify
the museums that go on light poles, etc. She felt the sign ordinances are meant for permanent businesses rather
than special events, and this is a step in the right direction.
Fire Chief's Report. Weborg sat in on a Homeland Security grant-writing program in Sister Bay last week;
someone from FEMA talked about how grants are reviewed: Citizens from all over the country are put on
teams to review applications, all based on a point basis. You're better off going in with one strong grant than
with several that are mediocre, because the points are totaled and averaged. His suggestion is to make the
grants as clear and concise as possible for quick, incisive reading. In our grant, it initially said that the fire
prevention smoke trailer would take two years to build, and that's why it was declined; when it was said it could
be done in less than a year, they took a different look at it. Hopefully, that will go through and be an asset in the
future. Because we have a grant, we have to review and update them every six months or they'll hold back
money. Now that we're getting bids on ventilation, etc., we need to give them progress reports.
Kirkland said the Plymovent person has yet to call with specifics for bid information. Weborg said he'd told
him to send quotes; you won't get apples and apples. Kirkland said several companies have exhaust extraction.
Weborg has letters from all over; once people learn you have a grant, they come out of the woodwork. Kirkland
said it's a 90% grant for $45,000; the Village has to pay only $4,500. Weborg said the man also explained how
they arrive at their figures, and he broke down all the figures. FEMA has $650 million for grants.
The Northern Door Chief's Association is looking at the mutual aid agreement, which needs updating. There
probably won't be muc h change. Cox said the last communication he had is dated 3/9/05 and it still says 20
gallons. Weborg contacted Dan Stahl of Gibraltar about the provision that 20 gallons of fuel could be stored in
a hangar; Stahl didn't know why the language was still in there, and he had to go back to his Board. Weborg
said they’d have to change it to 10 gallons maximum by law.
Weborg said there's a “mass disaster drill” in Northern Door on Saturday, May 14th, (rain date the 21st). He
doesn't know the details, but we'll be involved in it in some way. All emergency entities will be brought in; the
federal government has new regulations standardized for any incident command center everywhere in the US.
He feels that the fire department is already operating at that leve l. Cox asked if Mid-Door is part of the plan;
Weborg said it's being orchestrated under the Kewaunee County emergency government. Mike Mitterman said
there was a meeting last Tuesday in Sister Bay but no one heard about it. Kirkland said if it's disaster training,
perhaps we're not supposed to know what exactly it is; Mitterman said that he felt the fire chiefs will be told.
Weborg said when a mass disaster does happen, a few departments can't handle it, it will need to be county-
wide such as with a bomb threat, etc.
Re: the burning ordinance, Weborg said the County's burning ordinance proposal is fine. He thinks the
County’s language will have to state that the Village of Ephraim is exempt from the Ordinance; since we're
beyond their rules. Nelson said they should say ours is a stricter ordinance, which prevails over the County’s;
otherwise, in the future Ephraim could lower their standards to the County’s. Cox asked what a first class letter
would cost to send to everyone; Kirkland said it'd be about $240 total. He felt a letter should go out reminding
everyone about burning, fireworks, etc. Nelson agreed. Weborg felt it would be good. Kirkland said the Smart
Growth questionnaire is going out soon; we could piggyback it with that.
Firefighter Hours. Kirkland wrote about Paul Soper's hours; Weborg reviewed it, and he's aware of the 600-
hour figure upcoming. Are there exemptions? Soper has been doing many things at the station such as entering
data in the computer, straightening old files, doing truck checks and maintenance, training meetings and
monthly reports. Perhaps he can delegate some of the duties but not all of them. The files need to be put into
order for possible audits. Burton asked if Soper is computer efficient; Weborg and Cox feels he is. Cox said
Soper is computer savvy but he's not sure how efficient. It has been 320 hours this year so far, which will wane
when summer comes around. Burton said it's up to Weborg to monitor this; if he goes over 600 hours, the
Wisconsin health insurance will have to come out of the Fire Department budget if he takes it, and Wisconsin
Retirement, which is 10.2% of Soper’s wages. Cox asked if the 600 hours includes fire calls? Kirkland said it
does. Goss said we have to offer insurance at 600 hours and pay up to a certain percentage; also, they're
considered an employee and have to have retirement and other benefits taken out until they prove themselves
not to be an employee, which can carry over into the next year. Cox said there should be different rules for a
fire department for on-call hours, etc.; Goss said Konecny wasn't aware of any exclusions. Weborg said it
comes to play in larger cities with volunteer sectors stepping in. He talked to Sturgeon Bay and asked what the
fire call and meeting rates were; he asked if they're paying insurance for volunteers? They're saying there are
four, at about $14,000 a year. Weborg will check on it and see if there are other rules that apply. Cox said
there's an office in Madison that deals with wage issues across the state; he'll find out. Kirkland will remind
Cox also said training is not employment; it's education. Kirkland said we do pay by the hour; Cox said is it
reimbursement for training or is it wages? Weborg and Soper are going to see where they can cut corners or
delegate. Burton said there might be departments that hire people part-time to do computer stuff that aren't also
on fire call. Weborg said they're not trying to expend money unnecessarily.
First Responders . Weborg wants to set a meeting with Gibraltar on First Respondents agreements. Merrell
will let Kirkland know. Cox asked why it has to be full voting bodies? Can't we just send representatives?
Weborg said Kirkland and Sharon Kellner have questions. If Gibraltar comes to Ephraim, we pay their people;
there's reciprocation. Sharon said there's a $3,000 administrative fee for handling payments, such as the
airports; isn't that cumbersome? Can't we just bill and pay? Kirkland said the wording about an “administrative
fee” sounded like it was over-and-above the current budget. There's also language about an ambulance;
Mitterman said we have an ambulance that's not used for transport. If that needs replacing, we'll have to share
that cost. Burton asked if we need that as part of the agreement? It's an annual agreement. What do we use for
an EMS call? Weborg said he uses his car and carries equipment in it until the ambulance comes. Burton asked
that Kirkland and Sharon meet and give a recommendation. Kirkland agreed.
Karen McMurtry said the Wastewater Committee discussed Lift Station #2, and it’s $43,000-$54,000 for new
pumps; Dave will check with Engineered Products about having it rebuilt so they can compare prices. The used
blowers that have been sitting around will be exchanged for labor. Dave is going to a convention in Green Bay.
There's a new lawn mower going to be bought and the old one will be sold for $100. A new Culligan water
softener will be bought. A new step-down transformer for the UV system will be purchased; there was
improper amount of voltage going in.
North End Update. March 1st was the day they disconnected the force main, and sewage was redirected into a
temporary pump, which wasn't kicking on properly. Don Richter rigged something up and it worked. The
concrete has been poured in the lift station floor; in the next week or so, the pump will be replaced. By the end
of the week, the rock grinders will be leaving.
A couple of problems: They’d ground through the fiber optic cables for Charter Communications because the
map they’d been given by Charter was incorrect. Kate Houston had brown water; but the water inspection was
fine. There was an open trench not marked properly, and an unleashed dog fell in but was fine. Doug Schultz's
grinder pump failed.
Wastewater proficiency testing was failed for BOD and phosphorus; we'll try again in April. Brad did the
testing, and he'd only been there three weeks. Brad is working on cleaning diffusers. The first DMR report was
submitted electronically. Septage haulers: Bob Salmi is the operator in charge and Dave is working on getting
it switched. He does have to take a class and exam in May. Lateral work at Rathsack will be billed to them.
There are a handful of outstanding balances for sewer charges; Dave is going to call in the evenings to find out
why they're not paying. One bill is $3,800. Kirkland said we charge 1.5% a month for overdue plus 10% extra
if it’s put on the tax roll. They only seem to pay when they have to pay their taxes but they don't pay in
between. The $150 Sewer Connection permit is high; other communities are paying $10-$25. Kirkland said it's
partly because we go out to inspect private connections. Cox said other communities must do that, too; Nelson
Cox asked about selling the old lawn mower. If we're disposing of Village equipment; it should go in the paper.
Kirkland noted that employees are not eligible to buy Village equipment, even if it's a sealed bid. McMurtry
will tell Dave Alberts. Mitterman suggested the Board make a motion that up to a certain dollar value, you can
dispose of equipment without having to advertise. Kirkland suggested “putting it by the curb” and someone
will pick it up; the mower isn’t very safe since it caught on fire. That was decided upon as the way to go.
Burton said most of the North End laterals will be finished this week, and they're ahead of schedule. Weborg
asked if they're going to repair the roads; Burton said Advance will. The Red Putter remains a problem; they'll
try directional drilling under the golf course.
Kirkland reported that there's one bill not on the Bills to be Paid; it's a partial payment to the contractors for
$599,535.34. Also, the Clean Water Fund is not catching up to the Village as fast as we're paying it out.
They're a couple of months behind; they suggested that the Village do a line of credit with the bank until they
catch up. The $335,000 loan is already out the door. Nelson asked if we can only submit bills as they're
presented to us? Kirkland said it's only fully approved after the work is finished. Clean Water gets bonds
through the state to loan to us. We'll probably get most of the money back by the end of April; any extra pay
requests can be sent directly to Clean Water at that point.
Bills to Be Paid. Nelson asked about Computer Supplies/Services at $1,829 from Kintera? Kirkland said it’s
Fundware's new owner. It was budgeted, plus regular payment for maintenance. What's an F9 license?
Kirkland said F9 is a computer program that works with Excel. Any report in Excel can be updated in
Fundware instantly with F9. Kirkland said they stepped down the maintenance program because of not needing
to call them; much of the $1829 is the F9 program. Fire Department: Weborg explained that a “popcan”
deflector for $575, a strange term for a legitimate machine to prevent explosions. Burton moved to
pay the bills as submitted.
Nelson seconded. All ayes.
Looking at YTD, anything we should be concerned about? Kirkland didn't feel there was. Paulson noted that
everything is up substantially this year. Kirkland said all the adjusting entries have been entered in and the year
is closed out; soon she'll be able to enter in new budget figures.
Treasurer's Report. Goss said that the Wastewater and other account have now been melded. They've been
purchasing jumbo CDs that mature in a week's time at 2.75%, we've recouped $900 in interest in a couple of
weeks on the million dollars. Paulson asked why we're taking out a 4% loan if we have that much money only
earning 2.74%? They're going to have to spend the money soon, Kirkland said. It'll be a race to see if Clean
Water pays before we have to borrow more money. Burton moved to
approve the Treasurer's Report as submitted.
Nelson seconded. All ayes.
Printer Contract. There's a fuser failure in the laser printer; it shouldn't have happened because it’s barely past
warranty, and it's a $279 part. We had only 18,000 copies and was supposed to last for 200,000. They're
sending out a free fuser but are urging them to take a service contract since their service calls are $250 for a half
hour with a $500 surcharge because of distance. The contract is a $390.04 for two years. First thought was:
Let's see if the thing lasts. A new laser printer is $1,028. Second thought: We need a workhouse printer, and it
may not be a bad idea to have a small printer as a backup. Or we could pay $179 a year for a contract. What is
their fix- it time, Nelson asked? If it's fast, that's great; if not, you might as well buy a new printer. Goss asked
what the major thing that requires service; they said rollers, and Don knows how to change them out--the rollers
are in pristine condition. The feeling is to wait and see how long this fuser lasts. Nelson said if you can get a
new printer in two days or someone to come up quickly, you have to compare. It's not worth a service contract
if they can't come up quickly. Goss said there's an HP Colorjet printer for $79. Burton's in favor of having a
backup. Paulson moved
that the office buy a backup printer for approximately $79 and monitor the new fuser but not have a
Nelson seconded. All ayes.
Cox asked about the chart for website management and GASB—Kirkland said it was discussed last week and
Paul asked that we point out what other communities are spending on these. Ephraim spends nothing on either.
Website management can cost $3-5,000 and more in maintenance. GASB is financial accounting that goes far
beyond what we have had to do--you have to value road base separately from the road surface, etc. Other
communities are paying to have it done. Burton said when Smart Growth is finished, it will have cost us $5-
$10,000, while other communities have spent $100,000+ to get it done. Burton said this type of cost savings
should be mentioned in a future newsletter.
Maintenance New Hire. Mitterman said that the Physical Facilities Committee has selected Patrick Johnson
from Sister Bay as a year-round employee. He is asking for approval. Johnson has been training for two
weeks. The wage rate of $12.50 an hour is recommended; it’s less than the previous employee. It'll be full-time
May 1 to November 1, then half- time. Cox moved to
make it official to hire Patrick Johnson.
Nelson seconded. All ayes.
Cell Tower - Independent Review/Discussion. Kirkland said the Plan Committee minutes from the Village
Hall ended up with “isn't there another, more stealth way to do this?” Jim Weinmann had to talk to US Cellular
and Jim Kalny about an independent review, which the Ordinance allows. That's where it is now. Goss said
that Jim Kalny said today that US Cellular is considering appealing to the Board of Appeals. The site denied
was not officially applied for via conditional use; the meeting looking at the three sites was a continuation with
the understanding that any other site other than the brush dump, they’d have to start over with conditional use
with the selected site. The sewer site was denied, but there was no official motion for another site. Cox said it's
a procedural question: How can you deny something if there was no application made? Goss said our
Ordinance states that conditional use, it requires a minimum of two meetings. This was the third meeting. The
first meeting didn't give enough notice; the second meeting was US Cellular asked for a comparison of the fire
department site and the brush dump. The brush dump requirements were discussed; at that meeting, the
committee decided to look at a couple of other sites. The Village Hall meeting was showing the other sites.
Kalny said if it were anything other than the brush dump site, they'd have to start all over again with another
site. Paulson said they could come back and we could make the same motion for the brush dump, and the result
would probably be the same, and then they would have an appeal-able decision. This time it wasn't denied site-
Burton said this is a trend in every community, to resist towers. It was an article in the Chicago paper on stealth
towers. Paulson said if we turn them down at the next Plan Committee, they could appeal on that. We can still
hold an independent analysis of other alternatives, but they could go ahead to the Board of Appeals
Cox asked, when someone applies for conditional use and the Plan Committee turns them down, you have to be
on solid ground to do so if they come with all parts of the Ordinance met. Goss said our ordinance requires
Kalny to write a decision based on that vote. He would have to say that stealth facilities are possible. Paulson
said we asked them what they would present, and they presented a tower; that was their recommendation, and
we proceeded with that. At the past meeting, it was apparent we wanted to look at other alternatives. Burton
said even from the first meeting, we talked about stealth. Cox said it brings them closer to litigation because
they have to go through those motions. Chuck Pearson in Ep hraim is very much involved in this kind of
technology and could give an independent evaluation. He's a CEO of a company. Kathy Kirkland asked if it's
conflict of interest to be a resident and give an independent evaluation. Burton said it should be our choice but
it could be problematic. Diane Kirkland will check. Cox said we have to be willing to accept his
recommendations, like them or not. Cost-effectively, towers are the way to go.
Cox said we've offered them many options; does this Board and the Plan Committee trying to provide a service
for the Village of Ephraim, or are we going to allow them to put up a structure that will cover a five- mile
radius? We only represent 12 square miles, and that's all we should care about. Burton said only a portion of it
is dead in terms of cell phone coverage. Paulson said we have to consider what our neighbors will be doing,
too; we're inviting another municipality to make the decision for us. Burton is comfortable with that; we should
have written our Ordinance so that we won't accept towers, only stealth facilities. Cox said the tower would be
just 500 feet to the east or another directly. Goss said someone in the meeting was itching to talk to US Cellular
on a private basis. Burton said of all the sites, the Fire Department is probably the most esthetic. Weborg said
they should discuss the airport, too. Cox said it's probably too close to the Fish Creek site. Cox said Nextel
want in, too. Burton said the ideal site is the Park, and there's no way the state will get involved in it.
Paulson asked if we can talk to Kalny about our position to be able to demand stealth. And related to the
motion at the last meeting, would we have to make a motion at the next meeting so they can reasonably go to
Board of Appeals. Cox showed some of the pictures of “fake trees,” on which there was mixed opinion.
Kirkland will proceed with Kalny.
DOCKS & COASTAL MANAGEMENT
Update on Projects. Cox said they're digging now, and Kirkland said two bids came in $103 apart. Death's
Door and Michael Cole both bid. The bids aren't equal in how they bid, so Keith Lindstrand is going over them.
The bid on the dock went up a little bit because it wasn't purchased last year; materials went up, and the
adjustment was noticeable, Nelson said, a couple thousand dollars. But Nelson felt it was OK rather than
moving equipment around for a year ourselves. Cox said that the dredging permits were issued last year, and
the DNR lost them. But we have them now, including permits for Anderson Dock.
Mike Mitterman said that re: the shoreline progress, he didn't realize they'd have beach stone for backfill, so
he’ll have to dig out some of it for black dirt and purchase some filter fabric. The Iverson part will be done last.
Weborg had asked a couple of years ago about a place for vehicles to drive onto the ice. Coastal Management
won't be meeting in time to talk about this. We can't make a decision tonight, but we need guidance. On the
south end the Iverson Beach, can there be a place to graduate the stone so that ice fishermen can drive onto the
ice. It would be tapered. Nelson said he felt it was doable, and Mitterman could grade the stone without DNR
involvement. Cox feels it's a valid request. Mitterman asked if that's where the walkway path would come off
the highway; it wouldn’t have to be perfectly smooth. Weborg said there's something north of the dock on
Sister Bay that could be looked at. Kirkland asked about the pre-cast concrete by the firehouse. Nelson said
stones are better than preformed concrete. Burton suggested Cox, Skippon and Mitterman get together; Cox
said he doesn't want to get into a situation where we're expected to keep it plowed, etc. Paulson asked if we're
open up to liability? No more than having a launching ramp. Burton said we shouldn't mark it. Goss said she'd
talk to the insurance company about liability; we're exempt from liability in areas of recreation activities. The
risk is the user's.
Burton brought up about dredging, Mike Kahr wanted to know if it's possible to haul up German Road rather
than up Q. Burton told him to make a couple of trips up there and then Burton would drive up and see what was
lost; he subsequently noted there was more lost on Q than on German Road. Does anyone have problems with
them using German Road? Weborg said there's a sign on the road saying “No travel to heavy vehicles”; if we
do this, it'll open up that door. Mitterman said we can cover the signs for the duration. Cox noted that the trucks
should let the water drain out more before they drive away. Fred Bridenhagen had problems because of it last
time. They're not going to be there that long, so no one seemed to have objections.
Mitterman presented to the HPC and Plan Committee as far as the light posts on the waterfront, and cutting
down trees at the Village Hall park; can he go with his original plan down there? The Plan Committee had
concerns about the posts going on the waterside. Burton said the Plan Committee felt it would be better with
lower lights and down-directed lights. Kirkland and Mitterman looked at the low ones; they're either too
modern or they're vandalism friendly. There would be six lights between the firehouse dock and the Village
Hall. Nelson said we've never needed lamps to light up the shore before. Cox said we already have three lights
on the firehouse dock (one of which will probably come out at the entrance to the South Dock). He felt there's a
valid safety concern to have lighting on the new walking path. Nelson asked if we put up six lamps, he'd prefer
something low and vandal-proof. Would six lamps cover all the dark spots or are we creating hazards that make
it worse? Mitterman said a consultant would have to answer that question. Once you invite someone to walk
on a path, it has to be safe all along the path. Burton said he goes to paths that are lit in other communities.
Nelson is still not in favor of tall lamps. Nelson suggests 2-4 feet tall, with slots and light shining down. Cox
said we do need something; let's first investigate what it'll cost, what kind of lamps, etc. Nelson said the six
streetlights are obviously going to cost less because we own them already. Burton will not support a motion to
erect six tall lamps. Cox said we'll research what's available and talk about it at the next meeting. Goss said it
should go to HPC as well. Mitterman said he wants someone to investigate light coverage; Kirkland said any of
the companies can tell you what the coverage will be. Burton urged them to get on the Internet and search. Cox
suggested the same theme as we have but in a smaller model.
Hangar Leases: The lease signing is a formality; they've been approved here and Gibraltar for Base Three
LLC, Warren James and Gary Martin. Cox moved to
approve the two hangar leases at Gibraltar.
Paulson seconded All ayes.
Memorial bench. Now that we have the Harbor Side area, we may entertain Mary Virginia Shield's daughter’s
request for a memorial bench. She felt a picnic table wouldn’t be appropriate. Cox moved to
approve the bench with the understanding the woman doesn't approval on placement.
Nelson seconded. All ayes.
Monthly Zoning Administrative Report.
Goss stated that there's one addition under upcoming conditional use. The Rathsacks will be going for
conditional use for the Troll House, so there will be five. Zoning seminar in Madison on April 8 that Goss will
attend. Carla Paulson will be going along for the Board of Appeals interests. It's within the budget.
Off-premises signage. Burton said it's an effort to provide flexibility for temporary signs for organizations
such as EBC, Fyr Bal, Hardy Gallery, etc. to advertise events while exercising control over how much where
and for how long. Walt Fisher and Goss were tasked with tweaking language; Fisher has seen this language and
suggested a couple changes. Under Multi-Site Tours, Fisher suggested taking out “nor shall there be more than
six... and just say “and number of multi-site tours allowed.” Also he suggested after “signage” adding “to be
displayed during the day the tours are operating” and removing “for the duration of the season.” Goss disagrees
with that because the museum tours will be going on all summer long, so they'd be constantly putting up and
taking down banners. For events not ongoing, they don't qualify for a multi-site tours unless you want to define
what constitutes an “ongoing, seasonal tour.”
Burton would like to see something like this tried. If it doesn't work well, we can revise it downward. Cox
asked under 2b what is considered a banner? Goss said it's defined in the Ordinance as no more than 18 square
feet. Kirkland said now you can have a banner for an event but only on public buildings. The EBC for Fyr Bal
wants a banner at each end of the Village. Paulson said the multi-site should say “number of such events and
the number of signs shall be subject...” and take out the number 6, which is arbitrary. Cox asked if there are
fees involved? Burton said the Plan Committee has considered them to be without fees. The words “non-
profit” were taken out of it on purpose. Weborg likes the idea of having historical sites marked. Goss said
they'd still be subject to review, especially in the Historic District. Cox asked about 2c, about 24 hours after the
event, but should it be 10 days before the event instead of a week? Kirkland asked what other municipalities
do, two weeks? Nelson doesn't have a problem with a little longer, perhaps 10 days. The language will be
changed to 10 days and leave removal as 24 hours.
Cox moved to
set the matter of off-premises signage for public hearing.
Burton seconded. all ayes.
Goss was approached several weeks ago by phone by a man interested in getting approval from the Board
where could rent Segway/motorized scooters for travel on streets. Municipalities can make their own rules.
The vehicles go fast as 15 mph and can ride two, are allowed on shoulders and walking areas, eligible to go on
pathways. She reminded him there are no sidewalks in Ephraim. Sister Bay disallows that kind of rentals.
Nelson has no problem offhand. Burton said we'll wait until he comes with a presentation.
Dr. Seyfer...Nelson feels it has to do with wanting to develop recreation facilities such as soccer on County A.
They're looking for an extra field, Cox felt. He’ll be on the April agenda.
Kirkland passed out stationery samples with steeples plus a sailboat. It would be 2-color blue/black. Cox
would prefer to see the two steeples and a couple small boats instead of the huge boat. Nelson said the boat is
too prominent. But he'd rather see the two steeples and deemphasize the sailboat, put in a second steeple and
keep it all inside.
Smart Gro wth Questionnaire. There are mixed messages from the last meeting; Tim read his statement about
alcohol and leaving it off the questionnaire, but Mark was adamant about asking the question. Neddersen felt it
should be asked. It dribbled out without a yea or nay. Kirkland read the question about the Village being dry.
Committee Chair Kathy Kirkland said it was of interest, and especially as to which kind of resident
(permanent/summer) answers the question. Burton felt people will be confused. He felt the first choice should
be, “I'd like to keep Ephraim dry.” Kirkland said it's a good way to let people know what is allowed and what
isn't allowed because she feels people DON’T know it includes all serving or bringing wine into restaurants.
Nelson felt that asking the question means that people have input into an issue, rather than having input when
it's brought up for a vote. Paulson didn't feel that people equate being “dry” with “not issuing liquor licenses.”
The questions deal with the issue of whether Ephraim should issue liquor licenses; the preamble about being
“dry” is inaccurate. Mark likes the question the way it's worded. He feels getting people's opinions is
important. Nelson said we should perhaps have another referendum to see if people's opinions have changed,
but you can't take away licenses once they're issued.
Nelson feels that Smart Growth has taken on a life of its own and has overstepped its bounds. He feels alcohol
in Ephraim has nothing to do with Smart Growth. Nelson said if non-resident taxpayers (non-voting) do want
liquor license, they don't get them anyway; it doesn't accomplish anything for Smart Growth. Cox said that if
enough people put together a petition calling for a referendum, he'd vote for not compelled for Smart Growth
but he'd vote to have the referendum. Kirkland said it's a formula re the number of people who voted in the last
gubernatorial election. McMurtry said she views it as an opinion and doesn't feel it's a problem to leave it in.
Nelson moved to
take the question re: Ephraim and alcoholic beverages off the Smart Growth questionnaire.
Burton seconded. Three ayes; one nay.
Weborg talked to Oscar Boldt, and he'll be coming up in a week to look at the old station.
Paul moved to adjourn; Nelson seconded. All ayes. Meeting adjourned at 10:10 PM.
Kathy Kirkland, Transcriptionist
Village of Ephraim
April 11, 2005
PRESENT: Paul Burton, Marc Paulson, Tim Nelson, John Cox
ABSENT: Craig Neddersen
ALSO PRESENT: Plant Manager Dave Alberts, Maintenance/Mike Mittermannn, Fire Chief Niles Weborg,
Village Administrator/Clerk Diane Kirkland, Treasurer/Zo ning Administrator Nancy Goss
VISITORS: Scott Brosteau/Mead & Hunt, David Bell/Ephraim Historical Foundation, Debbie Krause,
Ephraim Business Council, Sara Elquist Martin, Wilson’s, Sue Sherman, Ephraim Business Council and
Burton called the meeting to order at 7 PM. He welcomed Sue Sherman to the Board as of the end of April. He
also thanked Nedd Neddersen for his sound counsel and willingness to take a stand.
Changes in Agenda
Kirkland said Mike Walker will be coming; Niles Weborg may be late, so the order could be changed slightly.
Goss said there are a number of people here to speak about the public hearing. Steve Seyfer is not here;
principal Kirk Knudson, principal of Gibraltar Secondary School, here to represent.
Knudson’s primary focus is to explain those challenges re athletics. There's already a conflict with football and
soccer in regards to youth and high school. In March, the Gibraltar Town Board granted permission to plan
future development for area properties for sports. In 2002, a possible plan was put forward, and they want to
revisit that. The school district would be a fiscal bearer during the planning stages, not the Village. Kirkland
asked where the maintenance money would come from; Knudson said it would probably be Gibraltar School
District, but that's yet to be determined. Burton asked if the facilities would be available to the community at
large; Knudson said that would be the plan, to be collaborative. Kirkland noted that the auditorium charges
quite a bit fo r others to use; Knudson said those details have not been talked about yet. Cox asked if it's similar
to Sevastopol’s situation with the local government; their teams use the town park. Knudson said they're
considering a different financial proposal; Sevastopol has a separate employee, but there is a partnership.
Burton said there'd be extensive bussing to the land near the airport. Knudson agreed, and there has been a
cooperative program with Sevastopol with transportation.
Paulson said he's in favor of exploring the land by the airport; Nelson agreed. Nelson said that the previous
plan was expensive; has Smart Growth looked at this? Kirkland said not yet; it would be under
Intergovernmental Cooperation. Knudson said they're looking at the first step to be able to say, “Here's what
our need is.” He's looking for the Village's interest in looking at a plan. Cox is supportive because it would
bring year-round families back to Northern Door. Cox moved
to support the Gibraltar School Board’s efforts, as shown in a plan brought to the Gibraltar Town
Board, to look at expanding athletic space.
Paulson seconded. Kirkland asked when we would see the next step; Knudson will call with more specificity.
Burton asked for audience input; Sue Sherman asked where the land would be. Kirkland explained that it's the
volleyball court site by the airport. Cox said we have 170 acres, mostly unused. Burton called the question; all
Public Hearing on Signage for Multi-Site Tours and Multi-Event Sites.
Goss had handed out language to ease up some on the signage ordinances to allow multi- site events/tours to
have off-premise signage. Burton asked if anyone wanted to speak against the change; there were none.
Comments from supporters? David Bell spoke in favor -- it would be of great benefit in identifying the historic
buildings. It would keep traffic flowing and encourage multiple-site visits. He feels the language would protect
against problems, and they'd work with the HPC and Board on designs. It's not their intention to advertise as
much as it is to identify. Ephraim Business Council members said that, re: Fyr Bal, they're in favor of the
change but have a question about limiting to two banner sites per event. They would like a banner at the North
and South ends of Village as well as one at the Village Hall; would the Board consider three banners? Goss
said the Board could make that change if they wanted. Perhaps the Village Hall wording could be different to
be more informational about where events are. In general, the Ephraim Business Council is supportive. Sue
Sherman likes the idea of letting people know events more than just a few days before. The EBC would like to
put up the banners over Memorial Day weekend, take them down and then put them back up in accordance with
the 10-day limit. Nelson said the Board’s language had started out being just five days; they went to 10 so it
could be over two weekends. Sherman noted that banners used to be up from Memorial Day through Fyr Bal;
that was followed for many years.
Cox said that he's not certain it needs to be a specific number of banners; a permit will be applied for and looked
at by the Plan Committee. Plan Committee will decide if it's excessive or limit it, etc. Goss said it's a
conditional use. Cox also felt that putting it up Memorial Day, taking it down and putting it back up would be
part of the application process for the Committee's decision. He felt 10 days could stay in, and he appreciates
the strategy of Memorial Day; if that could be addressed by a Committee, that would be good. Kirkland said
there's a banner ordinance that says you can put a banner on public buildings but not anywhere else, such as
Village-ends; Nelson asked about Highway Q. Discussion ensued about the number of banners, possible abuses
and the length of time. Board members felt others may be wanting to put up signs; Nelson wanted some
number in there with some conditional usage constraints. Goss said that's consistent with other signage rules in
the Village. Beyond that, it could be made case by case.
Burton is comfortable with changing it from 2 to 3 signs, but he also felt there should be a number. Niles
Weborg said if the Men's Club knew they could have a banner at each end, they may delete the one at the Post
Office, so 3 might be viable for them. Burton said the language just needs some fine tuning. Sara Martin from
Wilson’s asked they'd have to get approval every year for Fyr Bal; Burton said yes, it would have to be
approved yearly. Paulson said the whole thing is conditional by the Plan Committee, banners included.
to adopt the ordinance with the additional language that “the number of approved banner sites shall be
subject to the approval of and limited by the Plan Committee.”
Paulson said do we want people advertising over Memorial Day weekend for Fall Fest? Should be it be
informational as opposed to promotional? Burton noted that if EBC wanted to increase the time for Memorial
Day weekend, it would be an additional four days. Goss said it could be part of their application.
Paulson asked for proper wording: “Signage placement is subject to approval and may be limited by the Plan
Committee,” but that doesn't imply date. Cox asked if “an event” is different from a “Village-wide event.”
Paulson said we'll find out what commercial ventures would want this. “Signage placement dates are subject to
approval and may be limited by the Plan Committee.” Nelson said the Plan Committee should have some
standards such as the “10 days and 24 hours” as a guide.
Nelson asked if the Ephraim Foundation tours would have signs all the time? Bell said they're four days a week
but they probably wouldn't have signage. Cox asked if there are fees involved with these permits? Goss said
it's about $25 but non-profits wouldn't pay.
The motion was still on the floor. Nelson seconded. No further discussion. All ayes.
Information Center Signage. John Cox said almost all the other communities have a DOT sign for
“Information Center” with mileage. The State will pay for them. Debbie Krause said other municipalities have
them on the north and south ends of town. On the south end, it would be 1 mile at the Wetlands, or 1.5 miles at
the cemetery. On the North End, 1 mile would be Wilson-Shaffer and 1.5 would be Fine Line. She felt 1.5
miles would be the better to include more businesses. Both Ephraim signs are 1.8 miles to the Information
Center. Burton said by consent, the Board should authorize Diane and Mike Mittermann to investigate this and
get it done. Cox asked whether the Village be the applicant or the EBC? Kirkland wasn't sure but will check.
Before the new signs were done, the Village did have the Visitor Center mileage signs below the old signs.
Nelson felt it should be added to the next meeting's agenda. Burton agreed.
Fire Chief's Report.
Things have been quiet but picking up now that spring is here. He has two bids on the ventilation system and is
waiting for a third. One is $30,000, one is $34,000 and a verbal is $50,000. The grant was for $40,000; we're
allowed to use the extra money for other things in the FD as well. Burton asked if the money can be swept into
the fire fund; Weborg said no, they want to know where it was spent and will audit. Out of $40,000, the Village
is obligated to $4,500 for the grant. The truck batteries on #6 have been replaced; it'll be a sizable bill. A
charger on #5 went down.
Weborg checked with other municipalities with EMS along with Fire; they run well over 600 hours and have no
problem with having part-time employees. Kirkland said we have to pay insurance and retirement; Weborg said
Pt. Washington doesn't: The fire people are on the border of 600 but EMS/Fire are well over 600 hours.
Kirkland will check to see how they handle that. [subsequent call to Pt. Washington revealed they DO pay
Fire Chief's convention is coming on June 24 in Green Bay; he'll be attending. There's a ceremony where Bill
and other downed firefighters will be recognized. There’s a national headquarters for downed firefighters in
Maryland from October 7-9; the family (Theresa and the three boys) will be there at the expense of FEMA (not
to exceed $1,000) and Weborg has asked Chris Hecht and Earl Shabbit if they'd be interested in going; Niles
and Scott will also go.
Weborg hasn't yet put together a letter re the County ordinance versus Ephraim's own burning ordinance.
Weborg doesn't know what private homes have warning devices (smoke, heat, burglar, etc.), and those who
have alarm systems but the Fire Department doesn't have keys, they should install a Knox Box to gain entrance
to discover the problem. He cited smoke that set off a detector at German Road/Townline. Nelson is not a fan
of the Knox Bo x; however, since you have to go in, those people with alarm systems should get a letter from the
Village or FD telling them that the FD has to go in; they either can gain entry with a key or through other
means. If they want to provide a Knox Box or some other standardized method or else face having the
door/window broken in.
Weborg felt it should be a requirement to have a Knox Box; Nelson said it should be the homeowner's
prerogative to say they don't want others to have key access.
Weborg said if we're sending out a letter defining the burning ordinance, it would be a good time to mention the
Mike Mittermann said he had asked Kirkland to check on whether there's an Ordinance discussing false alarms
in a year's time—Weborg felt one is allowed—but there is no such ordinance. It has been unwritten.
Mittermann said we may want to revisit that. Nelson was bringing the question about who pays for it? Burton
said the CPC should make a recommendation. Burton said the tendency has been to back off and give people
more rights. Cox's inclination is to say that if you put in an alarm system in a new building project, we'll
require a Knox Box. Goss said we don't often see plans for that. Perhaps on the Village permit there should be
a check-off box, Mittermann said. Cox agreed that CPC should come up with recommendations first; he feels
the Knox Box system has proved itself worthy. Nelson still felt the homeowner should be the responsible party
Diggers' Knox Box cost more than the cost of the door they would break down.
Weborg cited another person who had an alarm but no auto-dialer, which means until someone calls, it could be
10-15 minutes; they had two incidences with the auto-dialer, but the owner disconnected the auto-dialer.
Burton said he's had three homes with alarm systems, and they become a pain.
Reappointment of Fire Chief.
Kirkland gave Weborg a form to sign to re-up as Fire Chief. Nelson moved
to reappoint Niles Weborg as Ephraim's Fire Chief.
Cox seconded. Burton asked about the appointment format that Kirkland gave out, “that the Village should
appoint an assistant chief or chiefs.” Niles just announced that Shabbit was assistant chief. The Fire Chief does
the appointing of the assistant chiefs, Weborg said. Cox said any subsequent chief after assistant is appointed
but he recalls that the Board does appoint assistant chief. Burton felt the Chief should come to the Board with a
recommendation for Board approval, as per the previous motion about Board information about hiring.
Burton asked if Weborg feels firefighters are employees and subject to the same as other employees? Weborg
said that, as Chief, any time he asks them to respond to a fire call, they become employees of the Village.
Burton said some things come up that are bothersome in terms of municipal governments. As far as Weborg's
concerned, the Fireman's code and rules and regs, SOPs and SOGs, have to be 18 years of age, training at 16,
etc. Cox said there's something in the Village code about eligibility; he doesn't feel the employee manual
doesn't specifically reference firefighters but perhaps it should; the FD has its own rules and accountability. It's
a non-traditional employee. Nelson said that the requirements of a volunteer firefighter are probably more
stringent than a general employee, which is fine; maybe it would be worth looking over the Village employee
manual for requirements for dos and don'ts and make sure there isn't a contradiction. Weborg said there are
probably additional requirements for firefighters.
In the fund-raising letter sent out, Burton asked if it clearly identifies the Fireman's Association as a different
entity from the Village. Kirkland said it isn't in the body of the letter, just the letterhead; the letter doesn't make
it clear that there is a distinction at all, it just says “your fire department” throughout. Cox felt there hasn't been
a purposeful miscommunication about their status. Burton recalled that Weborg previously stated that the
Firefighters Association wasn't subject to the same auditing controls as the rest of the Village, that Weborg felt
it wasn't the Village's business. Weborg stated that he talked with the auditor about the Association fund and
why it was formed, and the auditor said it was a gray area. Weborg has checked with similar associations, and
they don't have audits. Burton said these funds need to have controls. There's an inherent accountability
danger, and he wanted Weborg to be aware of it. Weborg said the funds have been spent for the Village; he
doesn't see any problems. Burton felt documents should be able to be produced on behalf of the Village;
Weborg said everything is done by checkbook and is noted. Kirkland questioned whether, when you apply for
non-profit status, if you have to send in yearly financial statements. Nelson asked if the Village is exposed to
liability, but Weborg felt no, since there’s no connection. Burton has a concern, as does the accountant.
Burton called the motion on the floor; all ayes. Weborg signed the form. Weborg asked if Earl Shabbit was
OK as assistant; the Board said it was fine by consensus.
Update on Projects. Scott Brosteau and Dave Alberts noted all the sewer pipe is in; the contractors are now
landscaping. They're working on Townline and the Treatment Plant. The asphalt patches are yet to be done.
The asphalt plant will open around May 1; i.e., the deadline will have to be extended but not be open-ended.
EPI has the lift station contract; we're behind schedule on that. The floor has been poured, but there were
problems with rebar and they had to re-pour. Now there's a temporary bypass pump in use; the intention is to
finish as soon as possible.
There are also two pay requests and a Change Order. Basically the Change Order covers, per the plumping
code, cleanouts every 75 feet for long laterals. Also, some of the laterals had “Y”s that needed to be fixed,
some 6” laterals and 8” diameter laterals, and 6” laterals with reducers. Also, they wound up doing a directional
bore at the Red Putter, which worked well. There's another Change Order for a portable message sign at Hwys
42 and 57 to notify the public about closures. There are some credits for replacing 4” with 6” and other
services; total the Change Order is $31,000, with the majority being the cleanouts.
Clean Water Fund has the original bid for the lift station, which was higher, and they added 10% contingencies;
looking back, we're under on some items, over on others. We’ll be pretty close to the plan; maybe 3%-4% over
the bid. Brosteau said another Change Order will be coming for paving, and the lift station grounding grid that
wasn't on the original plans for labor and materials to repair the grid. Dave Alberts said re: the floor pouring,
they wanted to patch it but they wouldn't allow it. Kirkland said that Clean Water said they might be willing to
fund the laterals, too, but Cindy Hoffland has just said they would not.
Right now, there's just one Change Order now for $31,000. Burton asked for a motion on the Change Order.
to approve the $31,018.50 Change Order as described.
Cox seconded. All ayes.
Weborg asked when Hwy 42's cuts will those be fixed. It will be the first or second week of May.
Wastewater. Dave Alberts said that Wastewater is meeting tomorrow. They'll be revisiting the $150 lateral
connection fee; other municipalities charge $10-$25. They'll also begin testing for nitrates and lead at the plant;
there are two options on how to do it. One was $100,000 for testing equipment; however, they'll outsource the
tests instead. Real estate transactions require that there be those tests, so we can get extra income by being the
source for those tests. Alberts is shooting for May 1. Nelson asked if there'd be an additional lab fee; Alberts
said there would be, but he's not sure of exact numbers. Also in water testing, he's looking into offering Village
residents a sampling service where the Plant could come to take the sample, fill out the form, etc.; the resident
would just have to pay. Burton asked how much mercury tests costs; we should occasionally sample for
mercury, which is a neurotoxin and incidences are skyrocketing. Alberts said once they open the account with
Clean Water Lab, we'll have access to all their testing, so we can expand.
Wastewater is also thinking of installing an mailbox at the Plant for outgoing mail; Liberty Grove would pick
up the mail.
Alberts sent out a letter to grinder pump owners about annual inspections. The Committee will discuss whether
it should be annual or bi-annually. Kirkland asked if once you've gotten a bad report back, do we know if
people get them fixed? Alberts said the Plant Manager could request that they have the problem fixed; an
independent plumber can give another opinion but cannot be the one to do the work.
There was a membrane problem on a diffuser, which has been fixed; all new membranes have been put in,
polyurethane, and it's working well. A retaining wall bid was $2,380. A new sampler refrigerator had to be
ordered; the old one wasn't working to code. The new lawn mower is ordered. There have been repairs to the
sludge truck. Tomorrow they'll discuss extending the diffusers in the west area; the east has been done and is
working well. Also, the Gibraltar agreement expires in 2007; we have to be thinking about that. Fish Creek has
been requesting information from him, but he can't tell for sure what they're feeling. Alberts said they'd
probably have to increase rates if Gibraltar expires; we'd have to think of new ways to get revenue. Paulson
mentioned it to Dick Skare, and he didn't feel the Gibraltar agreement would end. Kirkland said they're finished
paying the yearly fees, so it's not costing them anything; if they have to upgrade, it'll cost them. Alberts said
we'd probably have an indication in 2006; if we see construction, that'll be a clue.
Mike Walker asked about Board of Review Dates. Walker handed out some assessment and sales
information....in 2004, 13 residential sales, 5 commercial sales. It's about 83% mean aggregate for residential,
103% or so for commercial. He asked if there are questions. From lowest to highest ratio, a 330-square-foot
cottage is assessed at $98,800 and people paid $200,000 for it. The 330-square-foot parcel would be less than
$60,000 in Sturgeon Bay.
Lower-end properties need to be raised a little in assessment. Commercial sales haven’t been unrepresentative
but are doing as expected. Of the five sales for hotel condominiums, they're considered commercial. They
don't really indicate the commercial values. Another class of property showing strength is bluff/view
properties; those that were sold were small parcels of a larger parcel, “NSA” (no separate assessment) so that
works to the Village's advantage. There have been seven bluff line sales from $175,000 for 100 feet of bluff
(residential) (he had it at $150,000). They resold it in five months for a 28% increase, which shows that if you
sell a property too low, someone will buy it and flip it higher. Seven bluff sales in 2004, and two sold for
$325,000 and $335,000 and the Filippini bluff in the same area. A $1.2 million house is being planned and
already has been sold, having been on the market for 20 days.
Walker felt small numbers of sales is good news. He's not looking at turbulence; new building construction has
been limited. Things have been fairly quiet; everything has been upscale such as Weaver's project.
RE: the Board of Review, the law requires that you can't meet before the second Monday in May, but he
suggested the third or fourth week in May. Kirkland said it's a minimum of two hours for the meeting. Walker
has to give 15 days' notice by law. The meeting was set for Wednesday, May 18, from 7 to 9 PM. There were
no other questions for Walker. Paul Burton left the meeting due to illness.
Bills to be Paid. Several bills came in since the report was done; an additional report was handed out.
Engineered Products wants $65,413.88, and Advance wants $482,022.22. Paulson asked if the carpet is within
budget; it is, Kirkland reported. Street lighting was within the budget. Rubbish removal was Bruce Olson's
annual bill. Nelson has a question about Cellphone Expense of $607 for batteries. That's Fire Department for
walkie-talkie batteries, said Cox. Kirkland will change it to Radio Maintenance. The unemployment
compensation to Treasurer Jackie O’Leary: Kirkland said that because we're a municipality, we don't pay into
unemployment, we just pay out. Kirkland asked the State about paying someone who quit; they said it doesn't
make a difference. Paulson said it's drawn from so many quarters, no matter who the employer is. Cox said
Gary Bies should be approached about it. Paulson said it used to be done correctly; now it's done backwards.
to pay the bills as amended.
Nelson seconded. All ayes.
Treasurer's Report. Goss said the rollover Jumbo CD money (about $1,400 in three months) had to be used
on the sewer project until Clean Water Fund money comes in. We'll also need a bridge line of credit until that
funding; it's not considered a loan but a line to be used as needed. Cox moved
to approve the Treasurer's Report.
Paulson seconded. All ayes.
Status of Audit Report/Set Meeting Date. This meeting was done separately last year. Cox suggested that we
do it the same day as Board of Review. It was tentatively set for May 18th.
Bond Counsel Papers for Clean Water Fund. The papers are not here for signing; it will be done at the May
Cox said we can't wait for the Harborside Committee to take action; decisions had to be made now or they will
run out of time. Mittermann recommended using the bollard-style path lights that Sister Bay has put in along
the walking/bike paths. They’re substantial cast aluminum with louvers and a clear acrylic lens. They have a
compact fluorescent bulb. Sister Bay uses a 50w bulb; Mittermann would like to try a 25 or one lower compact
fluorescent (22w), which ends up being a 50-60w bulb. They're about $800 apiece for the bollards themselves;
we'd have to provide the concrete bases and wiring. If we want to add an outlet inside the fixture, they'd mount
a box with a GFI; Cox said if there are lightposts, we should have one or two receptacles for future events, etc.,
with an access cover. Mittermann said a total of nine in the Village Hall Park. The Monument Park/Hillside
would need six. Mittermann estimates they'd be 75 feet apart; we could always add mo re if the wiring is put
Kirkland said there's been a grant for the project; only $5,500 is allocated for streetlights. Nelson asked if the
small path lights are still in place; Mittermann said yes, but the paving will take them out. Mittermann asked if
there's Contingency money or should we do just five or six for the Village Hall Park now and add more later?
Kirkland will ask the grant people if we can submit an amendment; it's a 50% grant. Cox asked about other
funds that might be ava ilable. Kirkland noted that the general Buildings & Grounds budget came in under last
year; there could be money there. All Board members felt we should get the walking lights done now. Cox
said the money should be taken from wherever makes sense; Paulson said now's the time to put in what's
adequate for both parks now; take it out of Contingency and see if we can get extra grant money.
Kirkland asked Mittermann what the walking paths will cost; he said the most recent prices didn't break out the
parking. It was $12,280 last fall, but that was before Iverson parking was taken out of the picture(900 square
feet). Kirkland said we have $6,130 budgeted for the walking path. The Northeast Asphalt new price is
$18,000+. There are a couple of other people Mittermann will talk to; labor prices may differ, but the asphalt
prices will stay similar. If it's over $15,000, we have to bid it out unless we go with the County to put the paths
in. The County is hiring a new person, so there's a lag in command there. Nelson asked if we just go back with
gravel fines instead of blacktop; the grant is for blacktop. They like the handicapped aspect of it. Cox asked
about the timetable on the grant? Kirkland said she felt it was two years as she recalled. Nelson said we didn't
put in enough in the grant for blacktop because of petroleum prices; we should put in fines instead until we can
prep the trail for blacktop. Mittermann suggested 3/4” stone and fines down, not waiting for the County or the
higher asphalt pricing. Mittermann asked specifically about the bollards; all felt we should go ahead with all of
them. Cox said we can take it out of Contingency. Weborg still is against adding lights on the shore on
property bought to maintain ambiance. It was decided to put seven bollards at the Village Hall and six at
Cox said that doing this in conjunction with Harborside, the pavers will be there anyway. Kirkland said we paid
$775,000 and borrowed $825,000, so there's money to do some extra work there. Demolition was around
$18,000. Mittermann felt they'd run out of time for that property; he doesn't feel it could be done for summer.
The subcommittee hasn't even discussed lighting, so they'll use the blacktop as it exists now. The dredging clay
from the bay could be an excellent base but it's very wet; granular fill could be added by Mike Parent. Cox felt
more time was needed to make good decisions.
Cox said since we're not dealing with Harborside yet, we don't need to consider asphalt for the walking path.
Black dirt needs to be brought in, about 200 yards for the three parks. Mittermann wants to put sod for eight
feet on Monument Park between the path and the stone. The price is not much more than seed. We’d need
about six feet of sod on the roadside of the path with some seed to fill in. And on the waterside of the Iverson
House, it would be sod, with wood chips on the roadside. Cox said why we don't just chip that again and not
sod it? Kirkland said some of the plants from the Village Park could be moved there. Everyone agreed that
there should be chips.
Wiring at Harborside/Wilson's. The North Cottage of Hillside has a pole with a transformer that fed three
properties. It has cable TV, a small fiber optic and a 300 pair copper phone line. The power line dead ends
there from Moravia, so the most economical way to supply Wilson's is to come down off the pole underground,
out to the highway, under the stone wall, into the cedar trees to a transformer. That will feed Wilson's, and
there'd be a post with a meter. That would be around $3,800. Telephone and cable would have to be supplied
but it would be in the same ditch. The issue is that, left alone, the pole might have to be raised five feet to a 50-
foot pole, which is part of the $3,800. It would be $9,400 for running a high- voltage line from the Marina down
the street, under the road, over to Hillside and Wilson's. There'll be a junction box on Cherry Street. Paulson
asked why we need to do this? Nelson said we don't have $30,000 extra. Kirkland said the original loan was to
get us through the purchase segment only. Paulson said why do we have to change the power now? Cox said
we don't; however, we now have no power on the property, so it'll be parking with no lights. Nelson suggests
doing the $3,800 fix; we can deal with the other wiring later. All we're undoing is the 50- foot-pole part. Cox
to undertake the $3,800 fix at Wilson’s. Also for the path lights and walkway: a gravel path instead of
asphalt at this point, 13 bollards similar to Sister Bay’s lights (some with electrical outlets), lay sod, and
add power for lighting at Harborside using existing materials/posts.
Nelson seconded. All ayes.
Cox asked Goss about the existing coach lights on Harborside; if we replace the heads on the lights or replace
the poles with Village lamp poles, is it a big issue? Goss said HPC would have to approve it if there's a visual
change. Cox said we have five poles; that could be on HPC's agenda for the end of the month to put two or
Park Names. Will be rescheduled for the next meeting.
Street Paving. County was below the estimate last year; however, this year. With asphalt going up in price,
Mittermann said that they might not have their prices correct. He would like to pave the following roads in
order of priority: Maple Grove Road, North Norway from Q to Settlement, Amundson Lane before the bridge
and through the “S” curve to widen it to 20 feet, Cedar Street downtown by the Post Office, Spruce Street
downtown, then South Dane and Willow, North Dane and Cedar Lane. After that it would be crack fill on
Larson Lane. Seal coat and chips on Settlement Road with two or three spots to repair. Nelson noted that
Cedar is used more than Norway, and there are bad spots. There's also the drainage issue, Kirkland added. Cox
said the most used roads go first, and perhaps Cedar, Norway, Willow, prioritizing by traffic use.
Recycling Personnel. Mittermann wants to know if someone could be hired strictly for recycling. There are
some young guys who are interested. Does he have the authority to hire someone part-time/limited for $10 or
$10.50/hour? Kirkland said you're still hiring new employees, which hadn’t bee approved; we'd have to pay
Social Security. Kirkland said Casual Labor cannot be on a regular basis and they don’t fit the criteria for
contract work. Goss said the maintenance rate on Worker's Comp is high; it's the same as for Treatment Plant
workers, a higher category.
Nelson said if we can save mone y, he doesn't have a problem with it; he felt $10/hour is a pretty high price.
We're not really saving money since the maintenance men took time off to do recycling; this would be adding
an employee and hours on top of it. Cox said the Dock kids were getting so much less than Mike for recycling
and they didn’t like that. Mittermann said that Patrick's Saturdays are currently tied up with the firefighters;
however, his job description does include running recycling.
Mittermann offered that if Patrick can't do it some days, can we use a replacement list? Kirkland said that
would fit the definition of Casual Labor, as long as it's not regularly scheduled but only as needed. Mittermann
will talk to the three guys about casual labor work, which could be through May for the firefighters or for other
projects Patrick might have. Nelson said if we allowed Ephraim businesses to bring cardboard in, perhaps we
could tempt them with having the EBC run the recycling. He asked the Board to think about it.
Weborg mentioned in front of the old Fire Station, it's time to look at where the water is coming out and across
the road. The drain was cut off when they put the sewer in but was never hooked back up to run to the bay.
Mittermann said he fixed it: The water isn't from the Fire Station; it's ground water pressure that's coming out
of the cracks in the highway.
DOCKS & COASTAL MANAGEMENT
Update on Projects. On Iverson, they're going to lay some stone at an angle for people to access the bay.
About finishing the project, Lindstrand and Cox got together with Mike Kahr and concluded that we had to
prioritize: They determined that Iverson Park would be done last this spring. Kahr has to get across the street
from Wilson's for sheeting and the project at Anderson Dock; the breakwater has to be done before Memorial
Historic Preservation's minutes discuss asking David Nelson about path issues. But Cox said Nelson has
already been asked about it and is OK with it. Mittermann said he has also talked to David Nelson and asked if
he has a problem with putting the walking path into his sidewalk and parking lot; he actually prefers it because
it gets people into his property. He wants to reserve the right that if there's a problem in the future, it could be
changed. So Mittermann will eliminate the little part of the path that curves out to the corner.
Dredging is finished; some will happen at Anderson Dock as necessary. Channel markers will go on as soon as
possible. Port-a-pier has been ordered for the end of May. There was some ice damage at the south Firehouse
Dock, and Mike Kahr will fix that. The rolling dock and boat ramp are in already. The parking lot needs to get
a sweeper in there. Mittermann said he’ll arrange for that.
Disposing of Municipal Property. Kirkland said we’ve never had a written policy—this says that if we’re
selling something less than $1,000, we have to post a notice in three places; if it's more than $1,000, we have to
publish it. Wastewater, Coastal Management or the Board are the deciding bodies on what to get rid of.
Anything going on, the office should be notified so that all the postings have to be done. It's a policy; it doesn't
affect the public, so it's not an ordinance change that needs a public hearing. Cox moved
to add the appropriate language but Nelson amended it to change the word “may” to “shall.” Motion is
Nelson seconded. All ayes.
2005 Committee List. There are people coming up for replacement on their Committees; recommendations are
usually done at the May meeting. We'll table it until that time. Cox asked why some go over the six- year term;
those are people who step in to become interim replacements if people drop out mid-term. The language does
say that “under extraordinary circumstances” the time can be extended.
Zoning. Goss just got back from a zoning seminar in Madison, and they dealt with Board of Appeals'
definitions of “hardship.” From “no reasonable use” to “unnecessarily burdensome.” Wisconsin just made a
landmark decision in the courts the difference between “area variances” and “use variances” and they're
loosening up on area variances and holding tightly to use variances. The recent decision was in Fox Point
where the village lost because they didn't have a Charter Ordinance in place. The State of Wisconsin has
declared that a non-conforming structure that is confirming for use does not have to abide by the 50% rule; it
means any tiny cabin within 30 feet of the water, if it's in a residential zone can add on as much as they want.
The Charter Ordinance says that municipalities can be stricter than the State. She asked Jim Kalny if that's
correct; he confirmed it is.
Goss felt a Charter Ordinance should be considered for Ephraim; Kalny felt it was a good idea. Plan Committee
will be looking at language. Paulson asked what the zoning is for the small cottages; Ephraim has declared it
protected waterfront, so they're not residential zoning. However, beyond the protected waterfront, along the
bluff, etc., and have been grandfathered in can be granted more leeway. The discussion was that zoning
administrators have been misinterpreting the law; we do have nonconforming all over the Village, and if the
trend continues, it will open up greatly. Paulson said we should take a look at some of the properties that might
come in; other rules would still have to be followed such as setbacks, etc. Goss mentioned North Shore Road
might be good examples of possible expansion requests.
Cox asked what the downside is of upgrading homes? It could be abused. Goss said the Plan Committee
should look at what could happen. Nelson noted that “nonconforming” has split into two definitions. Paulson
said the Plan Committee has been allowing bigger building on smaller lots and smaller buildings to be
expanding without consideration for use. Goss's initial concern is that the shore properties would be first to add
on; do we want that? It's something to discuss. Goss asked if there were questions on the written report. There
COMMUNICATIONS/CORRESPONDENCE -New letterhead proposal was met with approval.
OLD BUSINESS - Mittermann is going to be tearing out the parallel parking spaces in front of Monument and
repaving; that money was going to be coming out of Roads, so that will eat away at the paving budget. Part of
that parking is on Bruce Olson's property, which was an issue years ago. He told Olson on Friday that he’d be
replacing the asphalt with black dirt and grass; Bruce stated that that is his parking space, so we’ll leave it.
Cox moved to adjourn; Paulson seconded. All ayes. The meeting adjourned at 10:50 PM.
Village Board Meeting
May 9, 2005
PRESENT: PAUL BURTON, SUE SHERMAN, JOHN COX, TIM NELSON,
ALSO PRESENT: Diane Kirkland, Administrator/Clerk; Nancy Goss, Zoning Administrator/Treasurer; Plant
Manager Dave Alberts; Officer Brad Shortreed; Clare & Jim Webb, owners of Hillside; Julie Corcoran,
Ephraim Motel; Wastewater Chair Karen McMurtry
CALL TO ORDER
President Paul Burton called the meeting to order at 7 PM.
Meeting went to closed session per 19.85(1)(f) re time sheet hours.
Motion to come out of closed session by Paul Burton, Tim Nelson seconded, all ayes.
Burton opened the regular session at 7:30 PM.
CHANGES IN AGENDA
Tim Nelson wants a “proposal for recycling to the Ephraim Business Council” under new business. Kirkland
wanted a letter read into the record and the issue possibly scheduled for the next agenda. Cox moved to approve
the agenda as amended. Nelson seconded. All ayes. Burton welcomed Sue Sherman as a new Board member.
Brad Shortreed from the Sheriff’s Dept. stated that he patrols our area every six days. Nothing is going on right
now. Cox asked about the standard contingent of offers here on any night during the second or third shift.
Shortreed said a minimum of from 3 to 11, one in each sector. There’s a float car, sometimes two, that can go
either direction in the county. Burton asked if speed limits are being recognized; Shortreed answered that they
are within reason. The speed limit is now back to 25 downtown; the State mandates that the speed limit
changes May 1. Nelson would prefer 30 mph year- round but we need sidewalks first.
Julie Corcoran, owner of Ephraim Motel, wanted to comment about reconstruction after the sewer project. They
had extensive damage in their driveway. In addition, they were told the new line would be dug by the old sewer
line, behind the front building and not touching the drive; however, they dug up the driveway from the grinder
station (between all three buildings) to the road. Although initial conversations before construction promised
that any damaged property would be fully restored, she recently found out from Keith Lindstrand that their
driveway will be just patched. This is unacceptable. Scott from Mead & Hunt marked where they thought
they’d replace the driveway, and it will result in patchy rectangles. Some others spots have gouges from the
machinery and isn’t earmarked to be fixed. She has photos of the area, which the Board passed around. Two
paving companies, a local one and Green Bay, believe a patch job won’t be a good result in the long run. Also,
a water line was broken and repaired by Advance; does that repair have a warranty? They bought the property
in 2001 and have tried to upgrade along the way; this is a setback for them. She asked the Board what’s in the
contracts re: asphalt. Keith told her they’d be short on asphalt amounts.
Marc said his recommendation would be to have some of the Board members take a look at it and see what
they’re proposing. Perhaps their plan can be modified. Nelson asked when they’re doing it; Kirkland said May
16 or within a week. Nelson said it has to be done quickly; do we have recourse to tell Mead & Hunt they’re
doing substandard work and redirect them? Kirkland will look at the contract to see what it says.
Sherman said the decision to go a different pathway was odd; Kirkland said they’d have to take out the pipe that
was there, although Paulson said they weren’t necessarily following laterals. Dave Alberts said they went in
front of the building because a cedar tree was in the way. Burton said Julie described it well—it would be a
checkerboard pattern. Julie passed out pictures. Burton will make a recommendation to Wastewater to make
every attempt to deal with it. Kirkland said they’re meeting tomorrow morning, and Scott and Keith will both
be there. Karen McMurtry said Scott said the buried electrical restricted them to a specific cutting path. Julie
will also be at tomorrow’s meeting.
Paulson said sometimes they’re doing small patches when it would be better to put an entire pad in there.
Wastewater can recommend but the Board will have to give instructions. He said Green Gables has the same
problem. Nelson said they’ll replace blacktop they took up, but the edges are going to break up and become
loose. The Board agreed that Wastewater will take it on for now; the implicit promise is that properties will be
restored to original condition. Sherman said it shouldn’t be a detriment to their appearance. Burton called for
other Visitors Comments. There were none.
Fire Chief’s Report. Weborg said they’ve been active the past month with grass fires and alarms. He asked if
there were questions on the report. Sherman asked if it’s normal to have so many false alarms; Weborg said
some are malfunctions, some are caused by workers. He noted that the Rescue Boat is in operation and docked
at Firehouse for the time being. Fishermen begin this weekend with the Bass Tournament. The re were no other
Air System for Fire Station. There are now three bids in; the CPC is meeting tomorrow night to look at them,
Niles said. They’re all from $30,000 to $50,000; he’s leaning toward the low bidder. The Board will see it next
month. Kirkland said they haven’t gotten an agenda for tomorrow night. Weborg said it will be unofficial then.
Nelson asked if it’s a public meeting; Kirkland said it would be. Weborg said there’s a statement at the Village
Hall about monthly meetings, but Kirkland said that’s Fire Department meetings, Mid-Door, not CPC; Burton
said there also has to be an agenda. Nelson felt the Board didn’t need to go further if it’s going to low bidder,
but he doesn’t like violating Open Meeting laws. Burton suggested postponing the meeting until new members
are on. Weborg said he wants Sue Sherman back on CPC. Kirkland said there’d be one more spot to fill.
Burton felt he doesn’t need to act on the bid package; it’s a 90% grant, and we have $4,500 to put in. Burton
to give the CPC Committee the authority to open the bids and go with the most reasonable bid they come
Nelson seconded. All ayes.
False Alarm Charge Recommendations. Weborg would like to see something go into the Ordinance about
false alarm charges: Any homeowner or business could have a one-time alarm call free--after that, they’d be
charged for the cost of the call if it were warranted to be a false alarm. What is considered a false alarm?
Kirkland asked if that would include malfunction; Weborg said if they get two calls with the same malfunction
that needed correction and was ignored, they’d be charged. However, if the alarm went off because of burned
cooking or a fireplace downdraft, that would be a legitimate call. Sherman asked if that happens with
brownouts; Weborg said that’s their determination, if it’s a legitimate. Low-temperature alarms are another
legitimate reason. Cox also felt CPC could make a recommendation. Kirkland asked if Gibraltar School is
included if an alarm is pulled by a kid; Weborg said that would be the alarm working correctly so it wouldn’t be
a false alarm. Burton felt CPC should provide with a written recommendation stating conditions and with a
suggested fine structures. Weborg said they’re trying to standardize with other villages.
Weborg still would like to know where all the alarms are in the Village and asking owners about putting in a
Knox Box. Nelson still objects to the Knox Box. Weborg will be going to the fire chief’s convention in June.
Cox might take a day trip to Green Bay for it. Weborg will be going in October to the National Memorial,
along with several others.
Plant Managers Report. Alberts reported that all water tests are meeting goals. Burton asked how flow for the
month compared to last April? Alberts said it’s normal, a little below; but last year was more infiltration.
They’ve starting working with the Clean Water Testing of Appleton, offering tests for nitrates and lead. He
included prices for those. There’s also a sampling service for well water in the Village for those uncomfortable
with taking their own test. Burton asked who tests the bay water for nitrates; no one seemed to know. Burton
said we could do it ourselves after an algae bloom, etc.
Budget. Financially, Wastewater is in good shape, and the outstanding balance from users is with the Village
attorney so they can help collect. The North End: the entire sewer is functioning. Red Putter and David Hatch
problems have been resolved. The new lift station is still having problems, and they’re using the temporary
pump. It should be working soon. There are three manholes on Townline that he’d like lowered or filled; they
stick up too much. Two new people hooked up for the last month, and there were three grinder pumps that
failed but no spillage. May 1, the UV system was turned on and looks good. Sludge hauling has begun, and the
rebuilding of Lift Station #2 will begin this month as well.
Kirkland asked what’s happening with the telemetry system on North Shore? Alberts said they’re working on it
this month. Several repairs and replacements were done this month. Brad took license exams and we’ll know
the results soon. Dave also took a class. Karen McMurtry had nothing to add. Burton called for any questions;
there were none. Kirkland said she’s getting together about $1 million in bills to send for reimbursement by
the 11th; the loan paperwork will be on the 18th, and then we’ll get the money back.
Change in Ordinance. It was approved at the last Wastewater meeting that we want to change the annual
inspection of grinder pumps to every three years. Perhaps it could say that the Plant Manager could request
inspection more often if there have been ongoing problems. Kirkland felt there was some language like that
already in the ordinance re: allowing personnel on site if there appears to be a problem; all agreed.
Alberts felt once a year is putting too much burden on the homeowners. Burton said they normally don’t pull
the pump, just check for rust and do an amp reading. Wastewater is also addressing purchasing a megger,
which checks condition of the electric motor. Burton said a megger could be checked out to plumbers (with a
deposit) to inspect. Nelson asked if the three failures were faulty during annual inspection? Alberts said he’d
have to check but he doesn’t believe they’d had them checked yet. Nelson said it doesn’t sound like annual
inspection is that critical; it doesn’t have any bearing on how soon a breakdown would occur. Five years
between mandated inspections has even been suggested. Nelson has no problem with three years. Alberts
would like to get megging done; it’s good data and you can tell when motors are about to fail.
Kirkland said Clean Water noted that Ayres contract was $15,000 and we paid them a little over $20,000. And
we did, for the grinder pump ordinance items and presentation of their Facility Plan. She suggested we amend
the contract to include the two items so that the entire amount can be fo lded into the loan. Marc said we should
put it in the loan; it was part of the cost of the project, then it makes money available for Wastewater now. All
agreed. Marc moved
to revise Ayres contract to include all the monies so it could be included in the loan.
Nelson seconded. All ayes.
Additional Water Testing & Beach Water Quality
Vinnie Chomeau and Bill Schuster had presented a proposal, suggesting we consider additional sites for water
testing following rainstorms. Their concern is that human coliform is gaining access to our beach after
rainstorms; it has happened in the past. The source is questionable. Six sites including Brookside Stream and
other feeder streams out of wetlands are targeted for testing after rainfall, for overall E. coli as well as genetic
fingerprinting on them and antibody resistance to see if they’re human bacteria. This would help deal with the
inflow of human bacteria, if they exist. It could be soiled diapers and human use in the bay, but there seems to
be something else going on. Sherman asked if old septic systems are still dumping into the bay, that somehow
there’s something going on. Burton said it’s possible but it’s usually after rainfall; Cox said that’s when older
septic tends to do that. Diane Kirkland noted that plumbers signed off on the old septics, that they’d been
properly abandoned. Weborg said we didn’t have a collecting system for many years, and the ground is very
saturated. When the wetlands water hits the berm, it flushes it on the beach, and another berm on the beach
collects it where bacteria can grow. Once the water comes up high enough, it will no longer happen. At
Brookside, he doesn’t feel it’s the answer but he doesn’t rule it out. It’s surface water on the stream. Cox said
the perimeter of the wetlands is lined with homes, some old.
Burton said we can determine with the tests which tributary is bringing in the bacteria and feels it would be
advantageous to spend the money and obtain information on the source. It would cost $2,500 to have them
sample regularly during the summer. Nelson asked what fund it would come from; Burton said Contingency.
UW Oshkosh would have a letter of agreement, and at the end of summer we’d pay the bill. Burton said they
can show accurately where it’s from. Paulson said to just test the beach and not be proactive and find the cause
is pointless. Burton said we could then argue that we’ve done everything possible to deal with the situation; it
may be a one-summer deal.
Paulson’s only concern is that beach testing determines whether the beach is open or closed; this test doesn’t. If
they find something but the beach tests acceptable, they won’t close the beach. Sherman moved
to go ahead with this summer’s UW Oshkosh testing for E.coli for $2,500.
Paulson seconded. All ayes. Burton will follow up with the University of Wisconsin.
Change Orders. Kirkland had two companies’ change orders: One is the completion date for Advance,
changed to June 1 because the asphalt plant doesn’t open until May 16. The other is Engineered Products; an
additional $1,439.05 for six fittings to modify a pipe routing. The grounding grid wasn’t shown on a map and it
was damaged. Also a contract time extension to May 20. Burton felt Wastewater might look at this; McMurtry
to approve signing off the change orders subject to approval by Wastewater, at which time he’ll sign.
Nelson seconded. All ayes.
Bills to Be Paid. Some bills are being added to the report. Kirkland asked Cox about the $400 floor dryer for
the marina. Cox said the tile floor needs to be dried. People have slipped on the floor, and it’s a safety issue.
The dryer can be made available for other Village uses. Keith Lindstrand put it under Office Supplies; it
perhaps should go under Maintenance.
Burton asked about a replacement floor mats for $441.84; it’s for the three floor mats in the Village offices.
Kirkland noted that their redecorating budget was $5,500 and they came in at $4,700. It was suggested that they
use a service that replaces mats; Paulson felt it wasn’t good cost effectiveness.
Airport shortfall is noted because it’s more than their usual shortfall. Kirkland called Gibraltar and asked about
all the people listed as employees; the answer was that they’re retired people who are part-time, no one really
wants more hours so there are many of them. Kirkland questioned whether that’s the most cohesive way to run
things. The Board agreed that the airport isn’t being run efficiently. We also paid for Gibraltar to administrate
the financials. Burton suggested paying only half and an explanation of the shortfall. Paulson said we run
marinas, and the boaters pay for it; he felt the pilots should pay for the airport. We have no direct benefits from
it but we’re subsidizing them--but not the boaters. It should be self-supporting.
Chairman is Myrv Somerhalder. Burton asked to table it until Somerhalder can come to a meeting. If we had a
$10,000 shortfall at the marina, we’d be concerned; Burton said we didn’t budget for it, and he’s not inclined to
pay for it. Cox said we don’t have a running balance of what they have in their accounts. Half of the year’s
shortfall is within the last month, and does that mean there’ll be another one? We have lo ts of questions.
Nelson noted that we already paid for a grant adjustment, yet it’s on the list again. Are we double-paying that?
to approve bills to be paid with the exception of the airport expense and also the double billing on the
Cox seconded. All ayes.
Year-to-Date. Burton said we’re on target in most instances. Re Smart Growth, we will be taking it out of
Capital Reserve and repaying the account. We have $20,000 in Smart Growth capital reserve. The $760 spent
is the questionnaires/postage. We’ve gotten 368 questionnaires back on the Smart Growth questionnaire out of
On Page 7, Community Protection, 4623, Office Data entry is at 143% of budget, cell phone at 104%, and
Office/Copier Supplies 287% of budget. Kirkland said the first one is true; Soper spent a lot of time doing
software input. Cell phone will be double-checked; Cox said three cell phones are assigned to the department
and it shouldn’t be that high. A new computer at the firehouse is under Office Supplies. $400 was budgeted for
an LCD monitor. Cox felt they might be in the wrong category, that it was budgeted under “Fire Equipment.”
On Page 8, Nelson pointed out Refuse Collect/Village, we are at 100%. Bruce Olson gave his annual bill, so
we’re under budget. No other comments.
Goss’s report is with the Board members. The top line has a negative balance. One of the Baylake Bank loan
payments is due May 27 but a check was kicked out in April but not mailed ($6,000). Today, Goss switched
$150,000 from Capital Reserve rather than pull money from a loan with interest because we’re close to getting
Clean Water Fund. $238,000 was taken on the interim loan to pay off more sewer. It’s a juggling act before
Clean Water comes in, trying not to pay interest. All will be put back into proper categories after the money
comes in. Kirkland said the low-interest loan should be in June 8 or so. Burton moved approval; Nelson
seconded. All ayes.
Update Shoreline. Mike Kahr was supposed to receive steel sheeting last week; it’ll be done this week. Then
he’ll Do the Anderson Dock and finish the Iverson stone. Anderson’s is a priority because of the art gallery.
Iverson will be after Memorial Day. The filter cloth and black dirt are going on; stones are already in. Mike
Parent is going to get black dirt into Harborside and seeded. The new base is done for the monument.
Mitterman is working on the lighting.
Harborside Subcommittee. They met on Friday. Underground wiring can be done but overhead can’t be
taken down yet, because it’s take 2-3 days to switch over and Wilson’s already has ice cream in the freezers.
HPC has given permission to use the Village’s old globes on current light poles as an interim lighting solution.
Burton’s family is donating a slide set; Cox felt it wasn’t sturdy enough for municipal use, but if it’s anchored
well, it should serve. We’ll try it for the season; many questionnaires respondents mentioned wanting
playground equipment. We could put in cedar chips toward the back and try it there.
We have to decide within a month what costs are for engineering plans; a lot of water is coming from adjacent
properties. Sarah Martin brought up the fact that the cedars between Wilson’s and the park parcel are not
attractive; perhaps take most of them out and extend the fence all the way. HPC may want to hear about tree
removal. Ingress/egress: This year we’re leaving it as is. We may not need to do much but widen pavement on
Cherry and change the angle to a square corner. The Committee will meet again the first week of June and
come up with final recommendations re: gazebo, parking, etc., and bring it back to the HPC, Plan and the
The Webbs asked about lighting for the lot. The light poles are the same as Harborside had, for now; it’s a
safety issue to make sure the lot is lit at night this year. No final lighting plan has been decided upon. Re: play
equipment, should it be close to the water instead of just up by the Village offices? Cox has concerns. Also, if
you give bad elements a place to hang out, they will. A swing set at midnight may not be best. If we’re going
to make it more park- like, an area not well patrolled, are we asking for problems? He does feel it could be tried
but that there may be problems; the Sister Bay park is a big hangout for kids, and businesses are bothered. It
was noted that kids hang out by the Dock parking lot; it will expand the area. A visitor asked if the appearance
of the swing set is good for downtown? Burton said it’s wood, weathered gray. Kathy Kirkland mentioned that
it includes a bright yellow slide, and she felt that wasn’t within the Ordinance and could be used in other
arguments for brightly colored items in the Historic District; Burton said that part could be removed.
Clare Webb stated they run a hotel where kids aren’t allowed except in the cottages; it would be a negative to
have a playground next door. She felt it would encourage more of a mess after picnicking and playing; they
find fault with a playground on an expensive piece of property. Sherman felt it was a good idea initially, but
she can see their point about a quiet atmosphere. Paulson’s initial reaction is that it’s a parking lot, and it’s
morphing into a park which doesn’t solve the parking problem; he’s worried about cars coming and going right
next to a kids’ spot. Burton said the original intent wasn’t specifically a parking lot; it was a community park,
with parking and green space and even a gazebo. Nelson agreed with Paulson that it should be mostly parking,
and it could be an attractive hazard at night; he’s concerned about kids being in a parking lot. Could we put the
swing set back by the gazebo and test it for a year? If it doesn’t work, we can use it elsewhere. The entire
layout is temporary. Burton is inclined to give it a try; if it doesn’t work, we’ll take it out. Cox feels the
neighbors will be watching and can report.
For signage, they want a sign by Wilson’s: “Public Parking, No Overnight Parking, No Boat Trailers; Entrance
Only.” It was felt that, with events at Hall, Wilson’s closing, that “no overnight parking” (like the other lots) is
fine rather than specific hours. Nelson suggested a similar sign at the exit; Cox suggested large signs. Cox felt
this summer will be an experiment, and we’ll quickly learn the issues. There will also be employee parking
issues. Kirkland will send out a letter to surrounding businesses. Will there still be parking allowed on Cherry?
Yes, whatever’s there currently but not on the north side by the exit driveway. If it becomes an issue, we can
address it quickly. Why were cedar trees cut back? Vision triangle; they were infringing on the road right of
way. Cox encouraged everyone to come to that meeting, June 2, at the site. Burton moved
to follow the Subcommittee’s recommendations this year and modify as appropriate.
Discussion followed: Picnic tables and benches may be used there; that’s a subject to being revisited. Will the
Village see that it’s cleaned up? Bruce Olson picks up garbage at least once a day. Cox wanted to talk about
this at Building & Grounds; we need the properties walked every morning to make sure trash is picked up. We
keep adding Village property, but we need to monitor it all. We need two receptacles at least at Harborside
park. Burton called the question: All ayes.
Visitors Center Signage/Entrance Signs . Ephraim Business Council talked about reinstituting the Visitor
Information Center mileage sign now that we have new entrance signs; they wanted to go with the blue State
signs but the State has specific rules that they have to be either 1 mile or half mile distances. Neither distance is
good; they’re right in the middle of properties. The State also requires more signs right before the center, which
would be in Edgewater and Yacht Harbor lot. Plus, it costs $600 to do it. Burton suggested Openwood do the
signs to match our current ones. A mockup was done to see how visible it was; Kirkland took a picture of it and
e-mailed it, but they haven’t heard back. Everyone agreed the blue signs are not the way to go. Kirkland will
wait to hear. Re: The entrance signs, a letter came in complaining about the brightness of the sign. Kathy
Kirkland agreed that the brightly colored signs don’t match the ambiance of the Village. Should Burton answer
the letter? The Board felt it shouldn’t be answered.
Charter Cable. Kirkland talked about Brilliant Cities’ plan to bring fiber optics into the Village within a year.
Charter Cable is being aggressive, sending out five- year contracts to commercial people. If the contract is
broken, the rest of the contract has to be paid off. In re- hooking the Marina, Sue was told the rate was going to
change to $59 instead of $29. It’s $79 at highest speed. They signed a contract with the Village for providing
service in the Village in 1999. The contract states that Charter Cable will provide a convenient location during
work hours to come in to make payments; where is that? Cox said the Village Office address is given on the
individual contracts. Cox said Charter video is available to all Village buildings or schools at no charge by
franchise agreement but is not available to Village Offices, fire departments, and docks. The Internet division
didn’t exist at the time the agreement was signed. At five years, we can renegotiate. It was suggested that Cox
negotiate in the Internet service for the Village Office.
Regarding the five-year-contact contracts sent out, Sherman went to the Wisconsin Innkeepers Ass’n; they’ve in
turn contacted their attorneys, the consumer protection agency and BBB. They have a copy of the contract and
will get back to her. The contract is supposed to be signed by May 20; however, their own rules say they have
to give 60-day notice, but they just go the contract request. Cox said they have a bulk rate for innkeepers, etc.,
with multiple users. The last time, it was a three- year-contract, and there wasn’t technology to offer
alternatives. Now, Brilliant Cities is competing, and they’re trying to legally lock into a five-year contract. He
suggested talking with other Villages to help put the brakes on them. Kirkland said the contract said there
would be “reasonable increases” and 30 days ahead in writing, neither of which has happened. Cox will work
with Sherman and Kirkland. It cost $10 million for Charter to upgrade Northern Door; can Brilliant Cities
really upgrade that easily? Sherman said Brilliant Cities (or a similar company) is in place in other parts of
Wisconsin for about $30 a month. Cox will work on it from the Village side; Sue will work on it from the
business side. The Association may be calling the Attorney General’s office on their behalf.
Herbicide/Pe sticides. A letter was written suggesting that there not be spraying in the Village. The Village is
using fertilizer and bug pesticide. Burton said the concern is with nitrate runoff into the bay. We might
encourage no fertilizing so close to the bay. The golf course is a big user. Does the Village have to fertilize
lawns here? Probably not. But we do need to kill bugs. Burton feels there’s nothing we can do about it now,
but the State will eventually crack down on nitrates in water. Kirkland will check to see if there are comparable
fertilizers without nitrates. Burton doesn’t feel there’s that much fertilizing going on; Kirkland said it’s a
couple times a year. Cox felt that it’s short-acting herbicides.
DOCKS & COASTAL MANAGEMENT
Update on Anderson Dock. It should be finished soon, Cox reported. He had a discussion with Mike Neal the
other day re: returning to small boat moorings in front of Hillside. State law limits the number there; three or
four at most. He’ll drop info and applications off for him to review, and he’ll come with a recommendation. A
private owner can put two moorings for the first 100’ and one for every 50’ after that, but municipalities are
stricter; John had hoped they’d be less strict. The dock opens this weekend with the Bass Tournament. Keith
Lindstrand has been doing minor repairs. Marge Gunnell has complained about Anderson Dock’s breakwater,
but permits have been issued and there’s no appeal at this point. Cox feels it’ll help her in the long run.
Clerk Report. Board of Review is on May 18, Wednesday, and Schenck for an audit report and Clean Water
Fund paperwork. So far nobody has signed up to appear for Board of Review.
Zoning. Besides the written report, there’s a conditional use coming up; the old Shack of the Bay is looking at
tearing out the old motel and putting in a garage storage building. That has to go through HPC and they have to
submit wetlands delineation.
The Ranks own three lots in the Larson subdivision; they’re 60’ wide each, and they’ve recently joined the lots
together to a buildable size. There are wetlands there, so Goss will look at that and they’ll have to go through
Board of Appeals. They do have a shot at being able to do something re: hardship. They’re on the shore side of
Larson so the wetland areas are less there. Here ’Tis Cheese has sold; there are 7+ acres there with access to the
Highway. Undoubtedly, something will be proposed.
Anything beyond the letters mentioned? No.
APPOINTMENT OF COMMITTEE MEMBERS
Kirkland handed out the printout of committee members needed. It was noted that Walt Fisher shouldn’t be
shaded in Planning; he’s new. If the names are shaded, their terms are expiring. John has been on Coastal
Management and is at the beginning of the fifth year. Some people took over midterm and they may go over
the six years. As example, Arvid Munson could be appointed just for one year to make it a total of six; Cox
asked if they’re supposed to be two-year terms? It says all are three-year terms. Burton feels that after six
years, the chairs should rotate.
Coastal Management is set as written. Plan Committee, Kathy Hollister is going off, Marc and Fred have
another year. One person is needed. Burton felt it should be a woman to provide gender balance; Jean
Reynolds is gone a couple months a year but is interested. Dave Verhage is thinking about six- month
residency. Goss said Connie Hatch is interested. Cox said that would be fine if living part-time on Washington
Island isn’t a problem. Burton will check with Hatch.
Airport: We could extend Arvid and Jim Blau by one year each although Blau’s participation is questionable,
per Niles. Physical Facilities/Utilities needs two people. Kirkland said Gary Carlson has never attended and
said he’d wanted off. Cox is willing to chair it for a year; Sherman was suggested. Nelson was asked about
joining another committee; he admitted his attendance would be sketchy. Sherman has background on CPC and
would prefer to go on that. Burton suggested Steve Sauter; Cox will give a couple of people a call as well.
Community Protection: Sue is added to that committee; who should chair? George Reynolds will be asked
about chairing it. Library: Jane Olson would be willing.
Wastewater members are all OK as is - Karen agreed to continue as chair. Walt Fisher suggested that we add a
Webb to the Harborside committee; however, the Board felt it wasn’t necessary to add more people, plus we’d
almost be obliged to all add ne ighbors.
Recycling proposal to EBC. Nelson suggested approaching the Ephraim Business Council as a way to cut
labor expenses on recycling: As a trade-off, if the Ephraim businesses could recycle cardboard there, members
of EBC would man the recycling center. Sherman said the challenge is getting people to volunteer but said it
could be presented to them. Paulson suggested that for those who have their own dumpster for comm’l
cardboard, we could assess them a lesser amount and use the money to fund the person out there. Nelson said
hauling it to recycling may not be as attractive as using a dumpster that’s right out your back door. What’s the
cost of extra commercial cardboard recycling versus paying someone? Burton said people feel the recycling
center is a big service. Paulson felt we should take it into account at budgeting next year. Burton suggested it
be floated at an EBC meeting. Sherman will do so.
Bridge Referendum. Cox wanted to ask the Board’s opinion: In the spring election and bridge referendum in
Sturgeon Bay, a series of questions were asked of Door County residents. At school, the faculty said, “How
should we vote?” The thought was that it didn’t matter because Northern Door will pay for two-thirds anyway.
Now the Advocate talks about coming to ask for more money. Should Northern Door be hit for this? We’re
already paying two-thirds of everything else (e.g., Justice Center). He’s inclined to let the County Board know
whether we want to or not. Kirkland wanted to kno w if they’ve considered a TIF district for local taxing.
Nelson suggested the Municipal Taxpayers Commission. Burton suggested that Charlie Most come to the next
meeting and explain it. Paulson suggested a sales tax or some other payment as more equitable; it shouldn’t be
in proportion of the real estate but more the sales. Burton felt it’s Sturgeon Bay’s problem; he asked that it be
put on the Municipal Taxpayers Commission agenda or the next Board.
NEW BUSINESS FOR NEXT AGENDA
Kirkland will put recycling for EBC on the agenda. Burton asked for a report on the questionnaires for Smart
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
A visitor asked what the plan is for resurfacing Hwy 42? The asphalting should be done in a week or so, and
they should add more asphalt, Alberts said. Weborg asked about the walking path alongside the road; they
shouldn’t do a patch job on it along Hwy 42. Kathy Kirkland asked about re-striping Hwy 42 through the
Historic District. Some of the crosswalks will be let go because they’re not in compliance with State
regulations, but the yellow lines down the center will be re-striped. Sister Bay’s crosswalks are “stamped in” to
look like bricks, which looks nice. Kirkland had gotten applications from the State about our crosswalks
MOTION TO ADJOURN
Paulson moved to adjourn; Cox seconded. All ayes. The meeting adjourned at 9:50 PM.
Board of Review 2005
Audit Report / Clean Water Funding
Closed session re Property Acquisition
PRESENT: PAUL BURTON, MARC PAULSON, SUE SHERMAN, TIM NELSON, DIANE
KIRKLAND (for Board of Review), JOHN COX (at 7:30 pm)
ABSENT: NANCY GOSS (for Board of Review)
ALSO PRESENT: MIKE WALKER, Assessor; MIKE KONECNY, Auditor; DAVE ALBERTS, Plant
Board of Review
Meeting called to order at 7 p.m. Paul Burton noted that all but the above noted are here. The Assessment roll
was signed and witnessed by the Clerk. No one is here to object at this time.
Mike Walker said his Assessor's Final Report is being filed and he has estimated the level of assessment
between 95-100% of fair market value. He noted a few sales might indicate it should be lower, but there have
also been adjustments in some areas. Some were buyers overpaying and don't reflect "ordinary market value."
The commercial base is at 100% level, he noted. He is asking that the State not make a change in equalized
value, especially based on the type of sales and over-paying.
He handed out the May 2005 Door County Homes MLS - the accompanying sheet shows 30 properties in the
book and a total of about $1,300,000 being asked for over the assessed price. He feels the 10-15% asking- over-
assessed puts the assessment where it should be, so he hopes the State will not raise it. Board of Review is
hereby recessed until we have an objector arrive.
Mike Konecny said he has some good news in our report this year. GASB34 has been implemented and it was
a considerable undertaking to get it in place. The first report said there are no conditions classified as material
weaknesses and the Village is in compliance.... i.e., a summary of clean opinion.
There's a 3-year summary of governmental funds - our General Fund has some reserved and designated funds--
largest one being for capital improvements. We do have Dock funds and the Capital Projects Funds are
showing a deficit because of waiting for grant funds and not having transferred road capital improvement funds
to Capital yet.
The next statement shows the Wastewater Utility three-year comparison. We're in good shape with Wastewater
as well. We had a significance decrease in expenditures--less legal fees, less repairs. This year Mike has
written off the old Mead & Hunt project that never went through in the north end.
Gibraltar has paid their final payment on the debt. There were property taxes of $221,000, and net income of
$132,477 for Wastewater. Improved operating results, Konecny said. The working capital cash flows showed
that we had a net excess from operations of $49,793. He is not suggesting a rate increase at this point.
Dave Alberts is concerned about the Replacement Fund. We have over $200,000 left in the bank from
Replacement and Depreciation accounts combined. Dave Alberts asked about the Gibraltar Depreciation fund--
there is no restriction, Konecny said. It could be used for major maintenance and replacement projects; it could
be rolled into the Replacement Fund as well. Dave has a list of Replacement Fund items--it shows a $38,000
yearly amount needed, although we put in $25,000 currently. Clean Water Fund recommends we look at our
replacement amount every 2 years, Konecny said.
Implementation of GASB - there are three main changes, the government-wide financial statements, major fund
disclosures and additional budgetary reporting.
The Statement of Net Assets shows the true net equity of the Village. Governmental and Business-type
(Wastewater) are shown. We are now capitalizing and depreciation everything - land, buildings, roads, storm
sewers, etc. Between governmental and business activities, we have over $8 million in assets. Most of the
communities in Door County do well because they are investing in solid assets.
Mike Walker asked the valuation process of roads. Is there a way to determine values? There are charts that
show construction costs going back 20 or 30 years by percent of current cost, and we went by that as well as
known costs in the last several years.
Statement of Activities page - it shows expenses, charges for services and Operating Grants and Contributions.
It also shows how the expenses are funded. Our net assets are up $285,190 from last year. Essentially, we're
paying off long-term debt faster than the assets we are paying for are wearing out.
Re Major Fund Disclosures, some communities have up to 50 funds but only 8 or 9 might be major funds,
measured by their being 10% or more of the total. The non- major ones are not shown in detail in the main
There's a Management Discussion and Analysis section that will be included in the report but not this first year.
We don't have comparative data this year to last, but it will be done in the future.
Re Processing of Journal Entries - for recording receivables, payables, etc. There have been some journal
entries during the year that don’t have documentation as to why the Clerk was making these entries (they
weren’t receipts or checks—could be changing items to a different account, voiding a check, etc.). This is
becoming emphasized in auditing standards, Konecny said. Konecny said all the journal entries were correct
but Kirkland should refer to the original check, etc. Tim Nelson feels the Board should have documentation on
things that are cha nged without their knowing about it. It could be done as a report on a monthly basis. This
would include interest from the bank, funds from the Pool to the checking account, etc. Kirkland will follow
through on this.
Capital Asset Additions - this would be an account for each fund that would be for capital purchases over
$2,500. Keeps the capital items separate from the regular expenditures, makes it easier for GASB34 updates as
Outside Organizations – Mike Konecny stated that the Ephraim Firefighters Association was mentioned last
year and the discussion was to include them in the audit. Diane and Mike requested records and they were not
made available. Kirkland noted we can't force them to be audited and Niles has said they wouldn't allow
themselves to be audited, telling Konecny it was “none of the Village’s business.” Marc Paulson said the Board
last year said they wanted them in our report or they have to become totally separate and not be associated with
the Fire Department.
Is it similar to the Ephraim Foundation? No, Paul Burton said, but John Cox disagreed.
He felt the Foundation and Village have been involved on many joint ventures, but Marc Paulson said we have
cooperated with various purchases, etc., but we aren't involved. The Foundation’s charter is not to raise funds
to supplement the Village budget or buy items for the Village.
Sister Bay's Fire Department is a separate, legal department and they are subject to audit, Konecny said. How
common is it to have separate accounts that aren't audited? There is only two more Konecny knows of in the
State. Cox feels there needs to be accountability, he doesn't disagree with that.
What would happen if the funds disappeared, Tim said--what would happen in the Village? They'd probably
request more in their budget, Kirkland said, because their charter says the donations go to fund the Fire
Department. John Cox said the Firefighters Fund doesn't necessarily just donate to the Village of Ephraim.
Kirkland noted that their letter is so similar to those prior to the Association being formed that it appears to be
from the Fire Department, and their thank-you letters say their money goes to the Fire Department, which John
is now telling us that’s not necessarily true. Now that we're not informed at all by Niles on his reports, we have
no idea where the money is going. And they have their soda machines on Village property--we probably
wouldn't allow the Men's Club to do that.
Does the Firefighters Association expose us to liability, Tim said? If so, do we have legal recourse to force an
audit or be audited within the Village system? Marc Paulson reiterated that we don't know where the funds are
going. John Cox noted that he just doesn't want it to turn into picky things. Paul Burton said it's a matter of
accountability—there is such a strong resistance to letting us know how the money is spent, he feels that's a
problem. John Cox said he will talk to Niles one more time. He feels there was animosity in forcing use of the
Fire Funds previously, that they were forced into using some of their funds to help purchase equipment.
Tim thinks we should ask our Village attorney - objectively and definitive - what our exposure is and whether
an independent audit would satisfy our need for an oversight, etc.
John Cox said there should be an audit--and a disclaimer put in the letters stating they are not associated with
the Fire Department. Konency felt an independent audit would be fine; they'd just include it in with our audit.
Cox felt the Library Committee could also be included here, but it was argued that we don't own any of the
assets and they aren't a part of the Village--we just provide the building and utilities and maintenance and that’s
our agreement with the Door County Library System.
The “vast amount of money” in the FFA has gone to keep the boat up, Cox said, that it takes a lot to keep a boat
up. Paul Burton said we've had the same discussion for 3 years now; it just takes an effort to allow themselves
to be audited.
Sue Sherman said there's too much sensitivity here--she agrees that accountability is important and it shouldn't
be that contentious. Is Niles' concern that we will ask for their funds to kick in money for equipment? Tim said
we could ask and if refused, we just won't buy that equipment. John Cox said Niles should come and tell the
Board his intentions on upcoming projects, that he feels Niles is saving to help renovate the old fire station but
he hasn’t told anyone that. He thinks there’s about $20,000 in the Association fund right now. Kirkland noted
previously they’d been taking in between $8-15,000 a year in donations.
Back to the audit, under Required Communications--departures from standards, difficulties, etc. There were no
problems with the audit.
John Cox asked how Docks are doing…are the accounting practices OK? Yes, two years ago Keith was set up
on a new system of accounting and it's working well now, Konecny said. The Dock fund has a surplus of $6400
over expenditures after payment of $16,000 in debt for the year. There's a little over $68,600 in the fund at end
of 2004. Kirkland asked if we should borrow for dredging just done or pay from this fund? What about the
Anderson Dock project, about $31,000? Pay it from the excess or borrow?
Cox asked if build up the excess, do we stop at $100,000 and then turn money back to the General Fund at that
point? Konecny said golf courses, etc., kick in money to the general funds of their communities all the time
from their excess. Cox and Burton felt there should be a capital reserve set up rather than just doing tax relief
Right now Docks is paying its way on principal and interest on Dock projects. Tim said if they have excess,
could we pay down our General P+I with it rather than just take it off the top on taxes—could make the taxes
fluctuate too much. Cox said he's glad to see the docks being kept up now because they were in disrepair. Cox
asked Konecny his opinion on what kind of capital reserve they should have, etc. He will look over the figures
and give his opinion.
What's our final audit report card, Paul asked? We're in great shape financially, Konecny said. Mike also noted
that he didn't see TABOR becoming a reality.
Clean Water Funding
Kirkland went through all the paperwork that we have to sign and approve. We have the Resolution and the
Financial Assistance Agreement, sent in advance to the Board. We have the Closing Certificate stating that the
Board has agreed to the transaction, we are in compliance of Open Meeting Law requirements, we attach the
minutes of this meeting, as well as the affidavit from the publication of the Note Resolution in the Advocate. It
states that we are a duly organized municipality, that the Resolution passed in a lawful manner. It notes our
equalized value and that we have not exceeded our GO debt, states there are no lawsuits that would jeopardize
our fulfillment of this obligation, and states that we have not defaulted on any previous loan.
We have a No-Arbitrage Certificate to be signed by Paul Burton and Diane Kirkland.
It states that we are borrowing this money for the purpose of constructing improvements and extensions to the
sewer system, mentions that a portion of the proceeds will be used to repay our interim loan at Baylake Bank,
states that we are not using this money to enable us to exploit interest rates, i.e. arbitrage—we are not putting it
in the bank to make more money than we expend in interest paying it back. It also states that we are not
borrowing more than we need for the project and that the IRS hasn’t disqualified us in any way.
The Promissory Note, be signed by Paul Burton and Diane Kirkland, is for an amount not to exceed $1,629,117
at 2.365% interest per year; the maturity date is May 1, 2025 and the first principal payment of $64,646.55 due
May 1 of 2006
There is also an Information Return For Tax-Exempt Governmental Obligations
to be signed by Diane Kirkland as Clerk, which notes the type of issue (sewage), maturity date, the $2750 fee as
underwriter’s discount for Quarles & Brady
Burton asked what assurances we have for quality and such from the contractors. There is a retainer kept out on
the construction companies, Dave said, which is kept until we're satisfied with the contract. Dave will find out
from Scott Brosteau for how long we have recourse in case something is not correct. Motion by Tim Nelson
that we approve the Resolution Authorizing the Issuance and Sale of Up to $1,629,117 General
Obligation Sewerage System Promissory Notes, Series 2005, and Providing for Other Details and
Covenants With Respect Thereto.
Seconded by Marc Paulson.
There were 5 ayes, 0 nays. By this motion, Paul Burton and Diane Kirkland are authorized to sign all the
paperwork. Noted that we have to change the dates of the Ayres contract now, since some of the charges
outside the contract have been approved but they are also outside the dates of the contract. This will be on the
next Board agenda.
Mike Walker left the room and upon motion by Paul Burton, seconded by Tim Nelson, the Board then went to
closed session per 19.85(1) (e) regarding acquisition of property.
Discussion of a donation of a shoreline parcel followed. Motion by Paul Burton to come out of closed session,
seconded, all ayes.
Motion by Sue Sherman
that we accept the donation of a piece of waterfront property from Jeff Miller. No encumbrances, free and
Seconded by John Cox. Tim Nelson is abstaining as an adjacent property owner. Four ayes, one abstention.
Back to Board of Review, and there have been no objectors tonight. This will conclude Board of Review at
9:04 p.m. and Burton moved that we adjourn sine die. Seconded by Tim Nelson, all ayes.
Diane Kirkland, Clerk
Village Board Meeting
June 13, 2005
PRESENT: PAUL BURTON, MARC PAULSON, JOHN COX, TIM NELSON,
ALSO PRESENT: Dave Alberts, Plant Manager; Karen McMurtry, Wastewater Chair; Mark Van Sickle;
Diane Kirkland, Clerk/Administrator; Nancy Goss, Treasurer/Zoning; Doug Williams, Issues & Op Sub
Committee; Myrv Somerhalder, Airport Committee; unidentified Airport Manager; Marcia & Mark Dorfman;
Walt Fisher; Diane and Roy Elquist; Curt Skinner; Jim & Clare Webb; Paige Funkhouser, Advocate; Paul
Wilson; Hugh Meilinger
Paul Burton called the meeting to order at 7 pm. The Firefighters Assn Audit was postponed since Niles is not
here. Diane had a few questions re Wastewater to add.
Approval of previous minutes by Tim Nelson, seconded, John Cox. All ayes.
Mryv Somerhalder is here re airport budget/ overrun. We owe over $9000 in shortfall. Mryv said the Airport
budget is done with the Town budget and income doesn't equal expenses. $18,000 more than income last
year.....a good proportion of that was due to the construction. Moving the office, cement work, etc. is not
covered by the grant and that's a good portion of it this time.
Insurance is $3045, he said. Salaries are $16,950. Mryv said in the last 12 years it's been about the same. They
do charge for the Clerk taking minutes and the Town guys do some plowing. The County plowing is variable,
Somerhalder said. Last year it was $1840, more than some years. The gas sales they try to keep at 50 cents per
gallon in profit. Insurance on the truck is $1029. Income was $53,518 and our share $9,456 in overrun.
When did the Town take over the budgeting process, John Cox said? About 4 years ago. Budget for this year is
about the same as last. John Cox asked about the Village anteing in money of almost $10,000. To come mid-
year and ask instead of during the budget process creates a problem. Didn't they realize they could be running
into the red before now? Mryv said by December they know. John said we need to find out ASAP, not after
budgeting. Mryv said we could have applied for a terminal grant 95/5, but they require a full- time person five
days a week. Don't need those hours in the winter time yet.
How much of an increase do hangar owners pay? It’s a cost of living increase. They are the biggest
benefactors, Cox said, and the residents aren't really directly benefiting as they are. The people using it should
be subsidizing it. Mryv said you have two issues - the airport is used by 700 fly- ins (those that are recorded).
They're spending money in Ephraim and locally. When we applied for grants, the FAA and State said we
couldn’t overcharge hangar owners. They charge 22 cents per square foot and it's about the highest in the State.
Discussed that the hangar lists should be run like the docks--property owners first, etc. State said they can't do
that, it’s discrimination.
John Cox asked if we have any say in the budget--we have two from Ephraim on the Commission. There are
three from Gibraltar. We don't see the budget as it's proposed, Cox noted. He'd like some assurance that in the
future we'll get information more quickly. Cox also doesn't feel we should be allowing hangars to include other
personal property; the State, Mryv said, gave them a policy of 1/3 of the area for things other than airplane -
related. It's now in the lease and that they can be inspected to see if they are following it.
Marc Paulson agreed we should be able to find out these expenses earlier. He noted that the Docks in Ephraim
is an enterprise fund, self-supporting. He sees the same kind of thing for the airport. He has a problem with
subsidizing private activity. Mryv said the State looks at car rental, tie-down, car parking, and rental fees.
Mryv said there are only about 3-4 years in the last 15 years they came out ahead.
Tim Nelson said he's confused - next year they're budgeting $65,000 in expenditures even though we came up
short this year? We're on line to receive a tractor, Mryv said - 95/5% grant, but we’re not sure it will come this
year. And beyond that they have a maintenance building coming, 95/5%. Never know when we're going to get
it...between $5,000-10,000 on the tractor, building will be about $150,000. Kirkland felt we should be able to
put aside some capital funds getting a head start, we should know these expenses are coming. It leaves, Tim
feels, about $14,000 for unknowns, and $5,000 for one-time expenses in construction/equipment. What's the
$14,000 for in next year’s budget? Plumbing in the floors for bathrooms if the building comes through, Myrv
said. Nothing in the budget for mound or well. The maintenance building is separate from the office building;
there will be two buildings.
Sue Sherman if the people using the airport could have an assessment for these special projects--like a condo
assn does? They have the benefit of the additional facilities.
Paul Burton said he's a supporter of the airport as long as it's self-supporting. But it isn't, and it is a fairly small
group of people who use it. He'd rather offer our half of the airport for $1 and let them deal with it. It should
be self-sustaining and not subsidized by those who don't use it. Cox said at the same time, he's aware of people
flying in and spending money in our communities, etc. Marc Paulson feels they should be more fiscally
responsible--no reason to be so if you can just ask two municipalities to write a check. It should be self-
sufficient. Paul Burton is also convinced that it could be self-supporting.
Wasn't the Town board uncomfortable with these costs, Cox asked? What about the maintenance building?
Kirkland noted that originally we were going to put up a hangar for our use as a maintenance building—has it
turned into a righteous building? Myrv said they have to spend over $50,000 in building for the State to find it
grant-able. Tim Nelson said it could be $55,000 then, not $150,000.
Kirkland asked re insurance; Myrv indicated that “now” we have insurance, but we’ve had insurance for quite a
few years and we turned down the terrorism insurance—why is it so much more? Liability insurance has been
increased. Kirkland also remembered that it was discussed that unless the gas truck went off property, we
didn’t need insurance—Myrv said we have truck insurance through Rural Insurance. It's for gas spills, etc. A
separate policy that apparently is needed because our regular liability insurance wouldn’t cover gas spills.
Doesn't have to do with driving it off the airport property.
Neighbors to the airport are complaining about the beacon. When it's overcast, the light bounces off the clouds
onto their property. They're looking at it with the State engineers--the old beacon didn't do it, different position
Paul Burton suggests and moves
that we inform the Airport and Town of Gibraltar that we have not budgeted $9400 for an airport
shortfall and we encourage them to do whatever necessary to make the airport self-sufficient in the
Seconded by Sue Sherman.
Should the philosophy and $$ be tied together, Cox said? Self- sufficiency should be the goal of the airport
committee. All ayes, no nays. When would be a good time of year to meet with our Board? No later than
October, Kirkland said. Myrv said they would do so.
Recommendation regarding late payments - Dave said they've had discussions on how to collect, various ways
available. The Wastewater Committee came up with staying the way they are--we're collecting 18% on the
money on outstanding balances, then they go onto the tax roll with an additional 10%. So they're
recommending it stays status quo.
Discussion that although we get 28% when combining the monthly penalties plus the 10%.... but we end up
waiting for over a year for that money. We're actually waiting for last year's money for the next year's
expenses. It's just two different time lines of payments, Nelson said. As it continues, it evens out. Kirkland
noted that the owners of these 3-4 businesses might not realize they're getting a bad deal this way.
Update on Clean Water Funding - we've gotten a lot of funds back from our expenditures and have more to get
back. Kirkland mentioned the contract change order forms – time changes only. Substantial completion by EPI
to June 14, Advance Construction June 22. Those would be the warranty start-dates as well. Worth trying to
impose a penalty if the new deadlines aren't met, Nelson asked? We're holding back 10% although that's not a
penalty amount, Burton noted, it’s just held back until completion of the project.
Dave gave a punch list on the project. Were the problems corrected at Ephraim Motel? Yes.
We're thinking of rolling the Gibraltar Fund money into Replacement, Dave said. We're down a little and up a
little in some places in income this year. Up 48% in water testing, are now doing nitrate tests. If there's a beach
closure we should take our own samples and check it out, Burton said. Can we mimic their methodology?
Dave can call Vinni Chomeau at the County and see the depths at which they check in the water.
Motion by Marc Paulson
that we sign off on these change orders.
Seconded by John Cox, all ayes.
Kirkland explained that last month it was discussed that we change from one-year mandatory checks on grinder
pumps to three years, but there was no motion to set for public hearing—was it meant to be an administrative
Motion by Tim Nelson
to set the 3-year grinder pump for public hearing for next month
Seconded by Paul Burton.
Treasurer's Report/Bills to be Paid
Noted the budgeted items for the tractor. The Iverson Park charge category has irrigation pipe, etc....but it's for
the total "shoreline project," not just Iverson. Motion by John Cox to pay the bills, seconded by Marc Paulson,
all ayes. Based on what we have and what we have short-term projection, Nancy feels we can put some more in
jumbo CDs again to start capturing some interest. Motion by Sue Sherman that we accept the Treasurer’s
Report as presented. Seconded by Tim Nelson, all ayes.
Trees in the r/o/way - Kirkland explained the proble m with North Orchard, South Coral. In the past we had
encouraged property owners to trim their “own” trees that are actually in the right-of-way, take down the dead
ones—but we are ultimately liable if trees in the right-of-way fall down. Acorn Tree Service is supposedly
more inexpensive. Andy Hartman from Acorn was there to discuss. He said Sturgeon Bay is the only
municipality that makes the homeowners take down and pay for their own trees in the r/o/way (parkway trees).
He contracts with Sevastopol. Their budget is $4-10,000 a year for 75 miles of road (minus the corn fields).
Should we deal with Acorn on this? He can take a look at it and see how much it might be--perhaps get some
done this year depending on the cost and the hazard of the trees we’re talking about tonight.
Harborside Park Options
Walt Fisher reiterated what he'd said in the cover letter—we are just submitting conceptual sketches, not
finished designs. Walt asks that the Board focus on how the site is used this season, and a written log will be
kept with comments pro and con as summer goes along. In the late summer/early fall we will have more
information to base a final use/design. We have to look at drainage, grading, safety concerns, ingress/egress,
etc. There are neighboring property owners here this evening who might want to address it.
Tim Nelson feels that getting the log this summer is a good idea. We could make the three sketches available
here for people to look at along with the summary. We could put it on the website, too, for feedback. The
Board will finally be the decider on how the site is used, Walt said. It will be made in the best interests of the
Village, Nelson said, and the public input will be used. Practicality has to be considered, Cox said.
Paul Wilson said he got a call today from Bill Calkins, who suggested that before the final planning process if
the Board would consider hiring a professional landscape planner (Dennis Beuttner...redefining traffic flow and
landscaping at Peninsula Players, Green Bay Botanical Gardens, etc.). He's a designer/park planner, not just a
landscaper. Calkins feels Olson Park is falling short on the landscaping side as well. Sounds expensive but
would it be worth it? Not too many options for traffic patterns, Sue Sherman said. Marc Paulson said
maintenance is a question, too.... it’s easier to maintain hedges and grass; we're even taking out some
landscaping (berms on the Hall Park). Kirkland said re Olson Park, the original idea was to watch the walking
traffic patterns and put in some paths—but none were ever detected as the “right” places to put paths, so it’s just
been sitting there.
Walt Fisher said he can't speak for the committee but as Chair of the Harborside Committee he feels it's valid....
it could be worth the Board's time to make a presentation. It's a signature property, he feels, and a major
financial commitment. Cox said he's a little reluctant because we're going to need an engineer for drainage and
we'll have those costs.
Mark Dorfman said as the neighbor to the east they have drainage as their biggest concern--their sump pump
had been connected to a storm sewer collection point midway through that property since the motel was built.
Their basement is under water in the spring. They'll pay the ir share of what's being done but wants to be sure
it's going to be considered. Cox said it will be done right. The engineer will probably have a drainage basin for
us that includes Van Sickles, Dorfmans, Cherry Street. The Ephraim Inn had a drainage basin that went over to
Church and northeast from that point.
Mike Mittermann said we’d need a lot of traffic flow data, people movement, etc. before we make a final
determination. Between neighbors, the Village for park and parking...he feels we'll need a person who will tie
that data together. We were discussing borrowing the County's counter for that driveway in mid-July to check
usage. Nelson said we have three general proposals, we're talking about a landscape architect...when do we
want him here? Walt felt September we would be able to give him the data we've gathered.
Signage - this has to do with hours for the park...whether we want to look at street-end signs, park signs, etc.
Limit for number of hours for parking - 3 hours, 3 hours? We currently have "no overnight parking, no boat
trailers, exit only" etc. Leave it that way for now--we can make adjustments as we go if we see a problem.
There will be arrow signs on the pavement. Tim Nelson suggested "One way" arrow signs under the new signs.
Noted that a lot of people already go up Cherry Street and turn around, it will probably continue. The "Dead
End" sign isn't very visible, Cox said.
John Cox mentioned the "no boat trailer" parking on Moravia...he'd like to see it lifted. Burton said three or
four cars with trailers would wipe out that parking but Cox feels most employees arrive before the trailers
would get there so it would only be any overflow on Saturdays could go up there if there's room. We do have
short-term trailer parking on the office property and Cox said they do direct people here. Cox doesn't see a
problem with trailer parking on Moravia. Wilson's employees don't park down that far, Roy Elquist said. Tim
Nelson said the Board did decide to put the signs up - he'd like to keep them there this summer and if the area
isn't filled with cars and is relatively empty over summer because of the additional parking downtown, he'd be
in favor of removing the signs in the future. Might get another 3 spaces there this year, Mittermann said, when
Re the no parking except for church events, Cox said we need to move the last sign up by the church...too
grouped together. Otherwise it’s working well.
Update on Charter Cable/Brilliant Cities
No update from Charter Cable, says Sue Sherman - a lot of people haven't signed the contract or sent them in.
Karen Raymore said the Chamber is meeting on the situation but she hasn’t heard back from her. Kirkland said
she met with Andy King from Brilliant Cities and they’re on track financially and time-wise, they want to meet
with the Board on a franchise agreement in July. Brought up by Bob Kufrin in Sister Bay that perhaps we
should negotiate as the MTC (Northern Door communities) for an agreement that fits us all. Cox said we
should negotiate public access channels, the issues of weather warnings, etc. We could use this and Charter has
not been willing to negotiate these.
Although Kirkland had heard from Andy King that they have done other communities, not whole counties,
Doug Williams said Mark Nelson is going to be their Sales Manager and this is Brilliant Cities' first project...the
principals who have formed Brilliant Cities are apparently quite experienced and have done other projects on
their own, through SBC or other avenues, but this is Brilliant Cities’ first.
Update on Proposal for Recycling for EBC
Sue Sherman said there was no interest in pursuing having someone available at the Recycling Center from the
Business Council in exchange for taking their business cardboard.
Update on Docks/Coastal Management Projects
The Anderson Dock breakwater is being built, Kahr will be out of there in 2-3 days. It's going out about as far
as it's going to be in the water right now. We will probably need a green blinker light, red buoy on the outside.
Cox said Niles has had an ongoing issue with removing the chain and parking sign and not putting it back, so
people drive out there. Mike Kahr suggested putting a 300- lb. (large) rock, drilled for a post with a lock. If the
chain is unlocked, a vehicle can pass through, but we would control the keys. It could be moved out of the way
with the tractor at wintertime. There will be requested upgrades coming after we watch the dynamics of the
breakwater, Cox said.
The sod is looking good going south, the path is pretty much in and the concrete work is done around the
monument. Mittermann said the lighted bollards will be shipped next week so they'll be in place shortly. The
firehouse dock is pretty well caught up—the reconfigured floating dock will cause some extra costs on that. It's
about $29,000 so far. The Iverson section will be done by Kahr this summer yet, it won't take long. Walt
Fisher noted that the path ends at South Shore Pier parking lot. It was felt to be a better cho ice than sending the
pedestrian traffic out onto the highway into a parking spot.
Cox stated that the beach is getting graded nicely--we had one bad sample after a rain and we were closed down
for some hours. It was on TV, etc., not good press. This happens frequently all around the Great Lakes but we
get pointed out. Paige said the Advocate will be posting beach closings in red or green for each beach. Tim
Nelson said they don't have a daily paper--it'll show closings even when we've reopened because the paper
comes out again two or three days later. Is that good reporting? John Cox said it's the economy of the County
has to be considered. The Board should write to the Editor about this.
Ephraim Yacht Club/Yacht Harbor Agreement
Looked it over, agreeable by all attorneys, motion by John Cox
that we sign this agreement with the Ephraim Yacht Club/Ephraim Yacht Harbor.
Seconded by Marc Paulson, all ayes
Smart Growth Questionnaire Summary -
Issues and Opportunities Committee put together the questionnaire, compiled it (Sue Shallow did most, Diane
and Kathy Kirkland did some).
Doug Williams is here with a slide show on the salient points in graph form – he said there probably aren't
going to be a whole lot or surprises...everyone wants Ephraim to stay the way it is. We got a great response to
the questionnaire in all categories.... 55% return from primary residents, 84% from seasonal residents, and only
71 of 296 from the others—mostly condo-hotel owners, those not even seasonal, business owners with no
Voters - 77% do not vote here; of those who do vote, all but 4 are primary residents. The ages of the
respondents: we are definitely an aging community. Well over half are over 65 years of age or older without
kids here. Think of that in terms of getting future Board and committee members. Most are retired.
There were 87 people said they will spend more time here in the next 5 years, another 36 said in the next ten
years. Growth will have to come from the seasonal residents spending more time here, Doug felt. The majority
of people who have own property here have owned it less than 20 years--in both primary and seasonal
Went through the chart on cultural events.... Good response on the cultural events, wanting to see more events
in the Hall and in the Village. Kirkland noted that 81.5% of the summer residents have never been to a Village
meeting--only a little over 1/3 of permanent residents hadn't. So when seasonal residents say we should listen
more to them, they have to come to the meetings to be heard on various subjects, and they aren’t doing that.
Re economic development, the most important one noted was boating--transportation came in low. Village
services got good marks--excellent and good in most cases. The only one with more negatives was
Re natural resources, surprisingly the majority felt the Village should have more shoreline. More docks as well;
the biggest response were for buried wires/fiber optics, protecting the bluff line and more eco-awareness. Re
intergovernmental cooperation, it was overwhelming in the response that we should cooperate with surrounding
communities with our mutual concerns.
Ninety-one percent of the primary residents are concerned about crime/alcohol/drugs. Overwhelming no's to
apartments, condos, townhouses. No reduction in sizes of lots in R-1 or R-R either. We got a positive response
on planning for young families and retirees...and for low- income loans for people who can't maintain their older
Williams said in the next 20 years we'll be looking at a different make up of Village residents--seasonal
residents and more retirees. Looking at Smart Growth, we have to look at the type of people we want to see
here and attract those people with what they need. This is a summary of some of the data...the individual
committees will get their own information. Thanks given to Doug Williams for compiling the graphs.
Private vs. Public Consumption, Alcohol Update – Kirkland noted that recently the Webbs asked about
another wedding on the Hillside property. She checked with the State and found that it has to remain totally
private, invite only—no other guests or visitors on the property—and they have been told this.
There is a restaurant in town that is holding a “private” party according to them, but the organizers of the party
are saying verbally that anyone can call him and make a reservation for the party; you don’t have to be a part of
their group. The State says this is not considered a private party, they would be in violation. And a waiter at
the Edgewater was overhead telling breakfast guests that they could bring liquor in for the fish boil—which we
already know is illegal. The abuse of State law is escalating, Kirkland noted, and suggested once again that the
restaurants get a letter notifying them of State law.
Tim Nelson said he would be in favor of restaurants and motels/accommodations getting a letter to let them
know what the Ephraim ordinance is and the State law.... not the background on it like in sample letter, just the
facts. Kirkland can quote sections and give Roger as a contact. Marc noted that galleries as well as
massages/spas, etc. might be serving wine to customers. Perhaps all businesses should get a letter as a head's
up, with the hope that they're willing to abide by the laws.
Cox said it's safe to say we'll never have liquor here--if someone sneaks wine into a fish boil, we are taking the
stand that we are not supporting it. Walt Fisher said the problem is causing more confusion than helping. All
the questions asked and answered before by Roger Johnson will take care of it, Tim said...it answered the
questions of what's private in a hotel vs. common areas. Just raise awareness that it's an issue. Mryv
Somerhalder said they had a case in Gibraltar that was reported to the State...the State checked it and closed the
restaurant down. Then they had to work to get their license back.
Paul Burton moved
that we send out this letter.
Seconded by Tim Nelson. All ayes
Zoning Administrator Report
Things are picking up for the summer. We haven't heard anything from the US Cellular people. Tim Nelson
said out west he saw a stealth tower/tree--it's a really ugly tree but on the other hand, a good- looking cell tower.
John Cox is seeing just straight poles, probably with everything inside of them.
Set for public hearing the housekeeping issues we were working on about a year ago with the Plan Committee.
We saved the changes to do them "in bulk" - Burton moves
that we set these for public hearing at the next Board meeting.
Seconded by Tim Nelson. All ayes.
Noted that we'll be going out for bids for propane. There’s a big difference in prices and you can really
Marc will stay on Plan Committee and HPC. Sue Sherman will be on Physical Facilities, Connie Hatch has
agreed to Plan Committee, so we have no other openings.
Marcia Friedman approached Sue Sherman re more signage--Kirkland explained the history on the street-end
signs and Mulliken ending up with a strip sign on his property at the entrance there. Burton noted she could
make an appearance in front of the Plan Committee.
It was posted but not in the individual packets that we change the Ayres Associates contract as to start-end
dates, as the previously approved extra expenditures occurred outside of their contract dates, so Cindy Hoffland
at Clean Water suggested a further amendment to include these dates. Tim Nelson moved
to accept the Ayres contract amendment with correct dates.
Paul Burton seconded, all ayes.
Curt Skinner said the fish boils have started up again and he would like to have Niles check the fuel/wood
they’re using again. Make sure it's the material that doesn' t cause the greatest amount of smoke. The boils are
now accompanied by a bullhorn announcing how the boil will happen. Curt noted that this continues to cause
annoyance to neighbors. Cox will pass the info on to Niles.
Meeting adjourned at 10:10 p.m.
Diane Kirkland, Clerk
Village of Ephraim
July 11, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson, Sue Sherman
ALSO PRESENT: Plant Manager Dave Alberts, Maintenance/Mike Mittermannn, Fire Chief Niles Weborg,
Village Administrator/Clerk Diane Kirkland, Treasurer/Zoning Administrator Nancy Goss
VISITORS: Jerry/Advance Construction, Bob Thorne, Alan King/Brilliant Cities, Paul
CALL TO ORDER
Burton called the meeting to order at 7:01 PM.
CHANGES IN AGENDA
Kirkland said that Dave Alberts wanted to be pushed back in the agenda because he’ll be late. She also has new
pay requests and additionally wanted to discuss the Hardy Store under New Business.
Paulson moved to approve the June minutes as submitted; Nelson seconded. All ayes.
None for the moment
Fire Chief's Report. Weborg reported that 2005 Fyr Bal was bigger than ever and he fireworks went great.
About 125-150 tickets were sold for the Firemen's raffle; the end of July is the deadline for ticket sales. The
Fire Chief's convention had good sessions; one was with Jim Brown, senator from Eau Claire and a previous
fire chief. The other was Jon Gard, Speaker of the Assembly. They weren't aware that the State of Wisconsin is
refusing to give Theresa Weborg Workman's Comp for Bill’s death; they won't recognize a heart attack as a
downed firefighter. Weborg was advised to go back to Garey Bies and institute a bill from our area, and Brown
will institute a Senate bill. The legislation will put the case at the Federal level/FEMA. Weborg had a chance
to network with many people and felt the Fire Chief's Convention was a good point of contact.
Firefighters Association Audit. Tom Schuder is willing to do the audit if approved by the Board. Burton
asked why Schuder should do it if we have our own auditor? Cox recalled that the Board had agreed that it
could be any qualified person. Burton said that Schuder is an accountant, not a CPA. Nelson pointed out that
the results of any audit would go to the Village auditor; if Konecny raises a lot of issues, they won't approve
Schuder next time. Schuder was the one who had drawn up the Firefighters Association bylaws to begin with.
Since Schuder would charge less than a CPA, Weborg would prefer that route. The Board consented.
Fourth of July Report. Weborg purposely stayed in town but didn't see anything out of the norm. The State is
allowing fireworks to be sold in the state, but at least with permits we know who's doing it. Weborg said there
were five or six permits issued. Kirkland said there weren't any complaints to the office this year. Nelson said
his neighbors, who usually have lots of fireworks, fired them during the weekend and got it over with.
Weborg got copies of old Fire Station photos from Tony Beadell. The doors fold across the front, and there's
stonework on the center pillar and across the top, since changed. A committee is being formed, with Beadell
doing the PR. Oscar Boldt is involved with engineering; he felt it'd be $150,000 or so to renovate. Burton asked
if the restoration was turned over to the Ephraim Foundation; Weborg said all funds will be collected through
the Ephraim Foundation, and the Foundation will also be involved, although their hands are full with Iverson
House right now. There were no further questions for Weborg.
Bills to be Paid. There are Alternate Claims payments for June and bills. Paulson asked about dredging (Page
5); they costs are pretty much what the Board felt they would be. Cox said Anderson Dock is on schedule;
there's more to come, however. Dredging at the firehouse is completed. Kirkland said that was $52,995, and
the budget was $55,000 for dredging. Burton moved
to approve Bills to Be Paid.
Paulson seconded. Nelson is abstaining because his company has a bill in there. Four ayes with Nelson
Financial Statements. Kirkland said the County refunded to the Village a little over $2,000 for recycling.
There are a few shaded areas on the statement that are over budget but have been previously discussed. Cox
had a question regarding how long we keep dock deposits before they go into the bank; he'd had a couple of
inquiries asked about checks not clearing right away. Goss said it could be anywhere from a day to a couple of
weeks, because recording and data entry is time consuming. She does stamp the checks and keeps checks and
cash locked in her desk. Kirkland said we do have an old safe; she'll find the combination. Cox would prefer
deposits be made as often as possible. Burton felt two weeks is a reasonable timeframe.
Treasurer's Report. Goss said that in addition to the report handed out, she'll be switching around funds
tomorrow. She'll be transferring $44,198 to the Gibraltar Fund to repay from Wastewater money borrowed
during this sewer project. Another $2,867 cash from Capital Reserve to pay for the Fire Dept. van, $1,815 for
Smart Growth expenses and $135 for the office printer. Also to Wastewater, $26,127 to repay for Replacement
Fund items purchased. Goss is setting up a new account in the State Pool "Wastewater Debt" at $85,243, put on
the tax roll for debt retirement of the new sewer, and the July settlement (coming in August) will also go in
there. Nelson moved
to approve the Treasurer’s Report as presented.
Sherman seconded. All ayes.
Borrowing Resolution. Re: Resolution #2-2005 Kirkland said every time the State threatens to hold the line
on municipal budgets, municipalities do a Budget Resolution so they can borrow for capital projects and it’s in
place prior to the law. Last year, the Board decided not to do so. Resolution #2-2005 basically says the Village
intends to borrow $x million for fire department, building construction, etc. It’s very broad but doesn't obligate
the Village to anything. It preserves our options in case something happens at the State level. Paulson asked if
other municipalities had done it. Gibraltar and Egg Harbor have in the past.
Paulson noted that our audit showed our level of indebtedness compared to assets is low; we’re allowed to
borrow 5% of equalized value, Kirkland said. All are philosophically in agreement; Burton said we have to
decide on a figure. $2 million comes to Burton's mind. Sherman said we could say $5 million because it's "not
to exceed"; she moved
to include the figure of $5 million in Resolution #2-2005.
Nelson seconded. All ayes.
Charter Cable Franchise Contract/Increases. Cox received another letter from Charter Cable addressed to
Evergreen Beach last week; Sherman also got one for Village Green. The letter to Cox said that if they didn't
sign a five-year agreement, the cable services bill would go up 75%, which is more than $200 a month. He
called the Attorney General in Madison and several other people including Mitch Adams, the comm'l rep for
Charter. Their position is that in order to provide long-term services, it's like signing a cell phone contract for
two years and they won't increase more than 5% a year.
Competition is looming, and Cox feels it's extortion. Adams finally said there are three- year contracts
available; upon pressing, Adams said one-year contract. Cox asked why it wasn't presented; Adams just said
they preferred five-year contracts. Kirkland asked about costs; Cox said the rates would be a higher increase for
one year, a less-high for three years as compared to five years. Cox isn't sure how many comm'l establishments
have held back from signing; the deadline to sign is Wednesday. Sherman was aware of about half a dozen
businesses who haven't sent them in; condo assn's have, however, sent them in.
Sherman talked to Barry Chase, the WI Innkeepers Association attorney, and he felt there was merit in hiring an
attorney and filing a complaint with the telecommunications organization. Sherman said there are instructions
on how to file and it was suggested that the businesses file as a group. The Chamber won't get involved;
however, they're watching with interest. Cox said we want to deal with the best person year-to-year with best
rates. They're not doing it to homeowners; just commercial/bulk users. The Charter franchise agreement with
the Village says there's a built- in nominal "reasonable" increase; 75% is not reasonable. Cox believes they may
be in violation of the franchise agreement; Mitch Adams won't talk about the issue. Cox doesn't want Board
action but he wants it in the minutes that the Village government has been notified of this situation and that he
believes it's a breach of the agreement.
Kirkland noted that part of the agreement is that there be a “local convenient place to pay bills”; the nearest one
is Fond du Lac. The franchise agreement renewal is coming up soon; at that time, there will be more
competition. Cox noted that if there's competition coming, he’d sooner the $200 a month extra and then take it
away from Charter.
Cox also asked Adams about Internet access for all Village buildings; why isn't it gratis? Adams didn't have an
answer except that it's not in the franchise agreement. Kirkland said the federal government doesn't see Internet
the same way they see cable TV because it's two-way communication. Kirkland said the franchise agreement is
cable TV; they piggybacked Internet without another agreement; did they skip a step? Alan King from Brilliant
Cities noted that the Internet is unregulated thus far but within 3 to 5 years, the government will get involved.
Burton felt the innkeepers are in a bind; Charter is a monopoly up here right now. The only alternative is to file
a grievance; is it worth investing some money? He feels it is. Sherman said if all the innkeepers could share
the bill, it would be affordable. Paulson felt that competition would keep prices down; they're trying to mop up
demand now. Even though it's more expensive, taking Charter for a year, in the long run, will be cheaper
because you can go to the competition. Kirkland asked how soon Brilliant Cities might know solid rates on
businesses, etc., so Cox will know whether he can take that step.
Alan King/Brilliant Cities Presentation. King manages legal/regulatory affairs. They've had articles in the
Advocate lately. Brilliant Cities is planning on fiber optics throughout Door with three services, telephone,
Internet and cable. Current cable speeds are 3-5 megabits; they'll offer to 20 megabits. BC offers a fiber-to-the-
home network as opposed to a fiber "to the premises" or to a neighborhood network. Boxes akin to current
utility boxes will do all fiber signal transfer to coaxial and copper wire so all will operate the same. BC goes
into communities and become community members; e.g., they plan on closing on the Sturgeon Bay land this
Wednesday and will build the central operating facility there. It will house the network operations for the
peninsula; they've already hired three people. Jamie Forest is one—she’s on the County Board of Supervisors.
BC sponsors a softball team, etc. Economic development goes hand in hand with their business philosophy.
They've worked closely with the Economic Development Corp.
One of the concerns brought up at Economic Development was the scarcity of people living here year-round;
having broadband will provide opportunities for businesses to come here that otherwise wouldn't. Timeline:
the State requires 19 jurisdictions to have franchise agreements. Kirkland has a draft franchise agreement to
look at; King will have a final draft within a week for the Village attorney with an eye to having a finished
agreement by the end of August. The first ring is Sturgeon Bay and localities. The second ring will extend
possibly up to Washington Island. The third ring is Southern Door. Our second ring will be live in mid-2006,
with Southern being in latter 2006. They're planning on having seasonal packages available for residents who
request that. They’re willing to work with the Board on franchise fees; it can be anywhere from 0% to 5%,
most are 3-5% (as mandated by the Federal government). They're willing to match the fee that the Village
wants; the money goes back to the Village.
Cox asked about customer subscription fees; he's heard that BC can provide all three services for less than what
we pay for all three individually. Is it substantially less? King said they're in negotiations with the actual
providers, so fees aren't yet determined. Jeff Johnson, VP marketing and sales, has preliminary numbers, and
King can get those this week or next. They're still comfortable with the statement that all three will cost less;
the means of delivery is one cable, so the economy is less already. Cox asked about places where you can't
hang wire; are they going to bury it? King said yes, when it's feasible; they'll make use of existing rights of way
where possible. Farther north, it's difficult to bury. Kirkland said some is underground, and they'd continue
that part underground. The cable is quite thin; less thick than a piece of yarn. Nelson asked if the sheathing and
strength wire would be larger; King agreed.
Cox asked about Village government; can we franchise in full use? He's more interested in that than in
franchise fees; having a dependable computer network would be more desirable. Sherman said it's non-
exclusive; will Charter still be operating? King said yes, you could have any competition; the FCC mandates it.
Kirkland asked about bulk rates, such as for hotels; has BC discussed it? King made a note to ask Jeff Johnson.
Sherman said it'd be the same wire coming in for all units; King said they can split the beams of light many
times to do that. Cox said he's pleased that BC picked Door County.
King said Bill Chaudoir is proactive leader for DC Economic Development Corp. and instrumental in their
selecting our area. They prefer that than going into a large city. Paulson said Charter has consistently said
"there aren't enough houses up that road" and there are frustrated people. King said he's heard the stories, and it
doesn't make economic sense for Charter to go. One of BC's strong marketing points is that they'll go where
people want them to go. There could be some costs incurred; it's hard to answer the question, as it depends on
density and distance from main plant. If someone's seven miles from the fiber, it would be more. Mike
Mittermann lives in Gibraltar, four power poles away from Charter's main cable; they won't go more than one
pole. Is BC willing to put in taller poles? The agreement says "if it's all possible," just like Charter's. The BC
trucks are mapping the entire peninsula and determining what poles need to be replaced, etc. Cox asked if
substations are required; King said there are a few service huts; he's not sure how many. Less than 10, more
than 5, to serve as redundancy networks. Cox asked about the timetable; it sounds very aggressive. Sherman
said she feels it's ambitious, there will be trucks all over...is it likely to happen in mid-2006? King said it
wouldn't be finished, but it would be started in the area. Cox asked if the goal is most population, most
commercially dense? Pre-sign numbers will be taken in account, but BC will be built going from south to
Burton wished Brilliant Cities well. Sherman said someone from BC called to do a survey about their interest;
what response did they get? The response was strong, King said; he can get the numbers to Diane. You don't
have to take all three services. Sherman noted that on the property line, coming from Hwy 42 through Ephraim
Shores, through Village Green yard and continuing, Charter has cable laid that's just sitting on the ground.
After the franchise agreement is finalized, the Board will look at it. Sherman asked about contract length; BC is
not planning on five- year contracts for businesses.
Update on Projects. Mittermann asked what people thought of the black bollards at Hillside/Christofferson.
The mirrored louvers are on order. Burton felt they're bright; Mike is going to stop down the wattage. The
louvers will shield the bulb and send the light downward. They managed to salvage the sod. Cox heard good
comments about the monument; Mittermann said people are sitting on the curb and he's happy with that.
Benches are moved back out now.
As far as new projects: Mittermann wants to get to the Anderson Barn west wall and painting the four doors.
We have about six streetlights than need bulbs changed; they'll be converted to the new globes as they burn out.
It's about four a month so before winter comes they'll all be in. Kirkland asked if he'd heard any Harborside
comments; he hasn't, but the lot is full of cars. He looks forward to the asphalt; one of the lighted posts has
been hit. Burton has gotten good comments. Kids have been on the equipment. Burton said people were
surprised at the speed the two projects have been done.
Cox is concerned because there are still a few business owners and employees parking in those lots. Burton
said there are also added spaces on Moravia, and we'll have to remind the business owners on a more personal
basis rather than just by letter. Burton mentioned there may need a sign saying "no employee parking." Nelson
felt a four-hour limit or some kind of time limit may be better; you can't discriminate. Mitterma nn said the Hall
has three two- hour spaces. Mittermann put a letter on a couple of cars that exploited that. Paulson felt the
business owners should enforce parking requirements with employees. Nelson called for a gentle reminder,
then deal more and more strictly if people don’t follow the directive
No date has been set for Physical Facilities yet; Mittermann will prioritize projects.
DOCKS & COASTAL MANAGEMENT.
Update on Projects. Cox said Anderson Dock work is done and they're happy with the results. Everything is
working as they'd hoped and there’s talk about reconfiguration and upgrades such as new electric facilities and
eventually repaving. That will be presented in budget form in September/October.
Cox reports that Iverson Beach isn't comple te yet and they won't be making final payment until it is. Mike Kahr
was due back soon to finish up the stone there; he's reluctant to let him come in and make the noise, but it
should get done. It may take a couple days. The port-a-pier is finished, and he believes the lights are done.
Cement Blocks at Anderson Dock/Cement Curbing. Burton asked about cement blocks at Anderson; Cox
said the issue has come to the Board before. There are about three people in the neighborhood who'd like to see
the ceme nt blocks gone; a letter may be coming. We did remove four of the concrete abutments as discussed;
now people want all of them out because it looks so much better. The idea is replace them with permanent
concrete curbing that people can sit on, similar to what's at the end of the dock. They may look at that at budget
time, but not now. It's one of the most visited landmarks in Door County, and he doesn't like the concrete
Cox got an application from Conservation Warden Mike Neal about small boat moorings at Hillside; he says
we're limited in what we can do. Cox is still talking to him; nothing will happen this year. Burton called for any
further questions; there were none.
Administrator/Clerk Report. Kirkland sent out a written report. A specialist is looking at Harborside park
for traffic flow; he'll be back in September after we’ve gathered information about the summer traffic. Gibraltar
seems to be sitting on whether to extend the holding tank/septage agreement with the Village or not. It was
suggested the Village might make the first salvo with a proposed agreement to encourage them. Kirkland has
drawn up a sample and given it to Dave Alberts. Karen McMurtry stated she hadn't seen it yet but Wastewater
was in agreement about approaching Gibraltar first.
Nelson asked about our letter to the Editor re: publishing beach closings. Nelson looked in the last Advocate
but they have not announced any closings. If they do, we may want to get a public disclaimer out there so if
people read the paper and believe Ephraim beach is open when it does test positive for bacteria, the Village is
not liable for that lack of public information. Kirkland said perhaps the Advocate’s own legal counsel has
advised them not to say one way or another. Nelson's concern is the Village's liability. Burton felt Bluhm
should've responded to our letter; Kirkland will call and ask him about it.
Cox asked about the run-off study for the rain; if it doesn’t rain, do we get the money back? Paul said we'd
contracted for six studies and haven't paid anything yet.
Kirkland said Acorn Tree Service was supposed to fax a price on taking down the North Orchard and South
Coral dead trees; she hasn't gotten it yet.
Municipal Taxpayer Commission Update/Possible Withholding of NWTC Payments. Egg Harbor jumped
the gun and adopted the resolution to withhold their next payment, Burton said. The group as a whole is
inclined to consider withholding the January payment, that and February’s are the ones we have control over. If
things continue as they are, this would be a dramatic way to go, even if we have to pay up eventually. It will
get attention. The Governor is coming this week, and they have a letter to deliver to him and will discuss it with
him. We all believe in education, but there's a better way to fund the technical system. It'll be up 4.4% the next
cycle; Sherman noted that the total over the last three years is amazing. Burton asked the Board to think about
whether we should do that; Sherman asked if there are fines involved. Burton didn't feel that would happen.
Weborg said when the multi- million dollar referendum was voted in for tech school expansion, Brown County
was the county that voted it in, not Door. Paulson felt a sales tax would be more proportional. Washington
Island pays $1.2 million a year; they could send all their graduates to Harvard for that money. Nelson felt the
education is what's important; we should keep the money and fund education for our own. Burton said the
Governor is reluctant to cap it. The MTC originally pushed for 1/3 tuition, 1/3 state and1/3 property taxes; it
would wean NWTC off. Kirkland said Madison folks suggested a lottery tax credit be used; that got turned
into a sales tax, which got back to square one at the 2.6% cap.
HAVA Resolution. Help America Vote Act, which is tied to The Patriot Act. Kirkland explained that they're
mandating everyone to have voter registration and be on a statewide, centralized registration system, so you can
see if someone who used is newly registered somewhere has, indeed, given up their registration somewhere
else. The County will be doing Door County’s information gathering and feeding it into the system; however,
how many people will have access to the personal information required? A person is required to give either a
driver's license number or SS # to register to vote. Kirkland talked to the State Election Board about identity
theft. They said only a few people would have access.
The County won't charge the Village, but who knows about the future? Smaller towns will have to pay for the
expensive software and upgrade computers, if they have them, to be able to run it. Nelson asked if we have to
sign it; Kirkland said it's mandated by the State that we go into the system. Is it an unfunded mandate?
Kirkland felt the cost would filter down. Burton said he's not inclined to sign unless the government gets
involved. No one was inclined to sign it; it's tabled for the future.
Airport Lease/Schauder. Kirkland has a routine airport lease, from Ellison Bay… she felt Liberty Grove still
should get involved with our airport. Cox said an Internet newsletter informed that a petition is being taken for
a referendum as to whether Gibraltar should fund the airport anymore. Washington Island is funding their own
airport totally. Weborg asked if anything more has been done about gasoline storage; Cox said nothing was
brought up. Kirkland got back to Gibraltar with the two 5-gallon can per building maximum, noting that the
agreement states they could have more, which wouldn’t be legal.
Monthly Zoning Administrator Report. Goss reported that aside from the written report, in the next couple
of weeks there's a Board of Appeals, August 2. The Nelsons will be requesting a variance for five-feet
driveway setback. Bruce and Cindy Nelson will have to go to conditional use first; because they're in
commercial zone, they can go as high as 50%; they need just 30%. Goss noted that the usual sign violations
have occurred. Burton asked for questions. There were none.
Strip Signs for Businesses. Handouts were given for possible sign configurations. Burton added that the Plan
Committee heard businesses on Pioneer that wanted add'l signs: PKJ Jewelry, Marcia Freedman and Hardy
Offices. The Plan committee suggested putting out a temporary sign across from the Village Hall saying
"Pioneer Lane" in addition to the existing sign. Basically, the strip signs we have are a mess. Burton showed
photos of some of the signs. Cox asked why it doesn't say "Fire Station" on the Church Street sign. People
need directions to send boat trailers up, etc. Burton pointed out how miserable they look compared to
surrounding communities. We need a redesign. Sherman said the positioning is often useless, too. They're not
visible, especially at night, on the other side of the highway. He felt a subcommittee could come up with
Banners had been discussed; Kirkland provided a possible design. Kirkland said they'd be a cloth banner
similar to 150th; the need for reprinting doesn’t happen that often. If a new business came in, Mittermann felt
they should pay for the change. Kirkland said nobody does fewer than 6 or 10 banners; one company sells
stencils with specific wording; each strip sign costs $35; one business stencil is $20. The banners would be on
light poles and, therefore, lit. Mittermann said Church is the only one without a pole, and they are supposed to
put one there. The fade factor on banners is considerable, Burton felt. Nelson isn't opposed to a banner as long
as they meet ordinance requirements. Kirkland said the banners do meet codes.
Nelson asked what Sister Bay's signs look like; Burton said they're strip signs, metal and bolted on posts. They
have a carved logo instead of a flat painted sign. Plan Committee recommends a temporary sign for Pioneer
with the previously mentioned businesses. Sherman asked if we could do that sign in the new design as a
sample. She also noted that our signs would have to be taller than Sister Bay's because we have more
businesses. Kirkland said on the landside, there aren't many places to put signs; that's why they're on the
The current type of sign would need to be taller in some spots we’d have eliminate parking spots to make them
visible. Goss said at the last sign committee meeting, the Olson Park site was brought forward and rejected;
many of the original donors stipulated No Signs. A subcommittee of five people was appointed at the last Plan
Committee, and letters were sent out last week to the business owners. Burton felt this committee should come
up with a report; the committee consists of Fred Bridenhagen, Walt Fisher, Connie Hatch and two people from
the business council to be determined. The report would be advisory.
Burton and Cox noted that the Firehouse Dock is using a different logo than the Ephraim signs; Nelson felt we
should evolve toward one logo, the one on the stationery. Burton said the Board never approved the logo on the
dock sign; however, HPC and Plan Committee approved the sign as a whole. When the sign falls apart, the
Firehouse Dock should redo with the logo approved by the Board for the letterhead.
Public Hearing: Zoning Changes per Separate Posting. A copy of the ordinance changes for the following
Ordinance Sections: Definitions, 17.09; General Provisions 17.10, 17.11, 17.12, 17.13, 17.14 and 17.15, have
been given out. Burton moved
to accept the changes in the sections of ordinance as presented.
Nelson seconded. Discussion ensued. Goss said these changes were talked about a year ago; most changes are
minor housekeeping and grammar.
Burton went through page by page.
Page 1 changes are for clarification.
Page 2/ 5 is grammatical.
Page 6, “R1” has been changed to “RR,” so that continued throughout. Kirkland said "R1" is now "PW" and
"R4" is stricken out and is now "RR."
Page 7 - Nelson has a question on 1b, "width of commercial driveways," can we talk about things not proposed
to be changed? The last three words "shall be required," what standard is used? Weborg said it goes by 12 foot
wide and high for residential; anything over two family driveway has a standard of 20' high, 24' wide, so you
can pass going in and out. "For larger transient lodging...additional width may be required," according to what,
Nelson wants something specific put in there. Goss said it's in the code, fairly recently done. It was decided the
Plan Committee and Fire Chief in conjunction would decide what would be a safe entrance for the facility.
Page 8, "is required" doesn't say "may be required," same thing at the bottom. The Fire Chief is involved.
Kirkland said originally everything in comm'l had to be blacktopped, but Red Door Gallery came up, and HPC
said they weren't happy about it being blacktopped as such a small property, so it was changed to "may."
Nelson said right above it, it says "shall be...dust free." Are gravel driveways considered "dust free"? Nelson
said what's written isn't what’s intended; it's fairly objective. It wasn't part of the proposed changes, so he asks
that the Plan Committee contemplate it. Mittermann asked if there's anything about oiling; we should avoid it.
Kirkland said it doesn't say one way or another; Nelson said if it becomes an option for people, that's not good.
Cox said other methods can keep dust down. Burton said maybe Plan Committee could look at that; Goss made
a note to look at 6bi.
Page 8, Line 250, “Note: in the case of expansion, re: redeveloped property” - there needs to be a colon in there
or the word "regarding."
Page 10, change in designation to RR on the chart. Cox said it looks simple, but we'll get a question: We have
a handful of lots in R4 or RR that are 1-acre, long-established lots; it would be nearly impossible to require 100-
foot setback and still have a house on that lot. Kirkland said it would be a good case for Board of Appeals. The
public road setback area is at odds from setbacks from center lines; not all Village roads are the same width.
We ought to just say "setbacks from road right-of-ways," because specific numbers don't make sense. Just
saying "except from Pine Grove to German Road" leaves out a lot. Burton said to flag that and that'll be
GENERAL PROVISIONS, Page 1. Nelson asked about Violations, 17.12. "No person shall create or use any
building structure or land." Who's creating land? "Create or use"; he felt it should say "or use any" in front of
17.13 GENERAL, Annexations. There are three or four changes and a deletion. Burton said the deletion is
because it's confusing. Goss said it's contradictory with another area. 14.02 GENERAL INFORMATION/3
Construction Parking has been fleshed out. DEFINITIONS. Pg 9 of 11, Line 357. Nelson was wondering
what a "substantial change or modification" - "substantial improvement" is defined but not the previous. He
feels "substantial improvement" should be changed to "change or modification" since people won't agree on
"improvement." Agreed that we’ll call it "substantial change or modification" to standardize it and take out the
subjectivity. This change will be included in the motion, not referred back to Plan Committee.
Definitions, Page 2 of 11, Line 72, "conditional use may require..." doesn't have to.
Definitions, Page 3 of 11, "dormer." Nelson asked if a dormer has to have a window; it says it does,
"containing a window." Burton felt it should say "with or without a window."
Definitions, Page 5 of 11. Footprint has been modified. "Usually expressed in square feet," Nelson said it
should be say "expressed in square feet". Sherman asked if the word “bounded” was correct; it was agreed to be
correct surveyor language.
Definitions, Page 6 of 11. Paulson said "gainful occupation" is hopeful and qualifying; take "gainful" out to "an
occupation" but leave "does" (later in the sentence) in. Why can't it include a garage, Cox felt, if it's attached?
Kirkland said it would be considered part of the residence, but a free-standing garage isn't a residence and
people might start building them for to use for business.
Definitions, Page 7 of 11. Multi-Family and Page 8 of 11, PRD, were added.
Definitions, Page 9 of 11. Sherman asked if anything 6” higher or higher is the definition of a structure? Goss
said it's still the rule; it's stated elsewhere.
Definitions, Page 10 of 11. Wetland is a legal change.
Burton stated this is a public hearing, is there anyone against? Cox recused himself from the Board temporarily
to ask a question: On wetlands, does the Village and DNR both have experts, or is the expert hired by the
Village? Burton said that Nancy Goss has been trained all summer, has all the equipment, can determine soils
and work with the DNR to make the determination. Kirkland said we sometimes use Soil & Water Department
as well. What bearing/weight does the DNR pull, Cox asked? Burton said they have ultimate weight. Cox has
an issue with that as a resident. Burton asked that he put it in writing to discuss at the future meeting; Cox said
the ordinance is up for adoption, and it's the first time he's seen it. Historically, the Village has used engineers,
professional firms or the DNR to do this. Burton said the DNR will always have the last word, no matter what
expert we use. Cox challenged the Village being in the wetlands business when we don't have a soil scientist or
Nelson said wetland has to be designated by the Village and DNR, and if the Village says there's a
disagreement, then it's not designated. Cox's other point about Nancy being an expert but if she's not here later
on, the Village still is obligated to represent itself with someone accredited. We may have to hire a specialist in
the future to represent us. Burton said to deal with by saying, "...which has soils indicated by wet condition as
designated by the Wisconsin DNR" and leave it at that. If the DNR wants Nancy to do preliminary work, that
would be fine. Cox agrees with Burton's change and steps back into the role of Board member.
Nelson withdrew his second and re-seconds
to accept the ordinance with changes except those sections going back to the Plan Committee for further
No one among the visitors is for or against the changes. Burton asked that the sections to accept as noted except
for those parts going back to Plan. Nelson seconded. All ayes.
WASTEWATER/PLANT MANAGERS REPORT.
Dave Alberts said flows are down about 14%, contributed to dry weather and less use. Septic is up, and holding
tank is down. Water lab is up 2% for the month and 15% up for the year.
Sewer Delinquencies. Outstanding balances are nearly $10,500, with those with balances more than two
quarters in arrears are The Summer Kitchen, Gallery in a Garden/Blue Dolphin, Amie Kissel, Carol Gresko
Lyons, Ephraim Inn, Chef’s Hat, Pam Abst and Kim Olson.
Cox asked if names are being included in the Board minutes. Kirkland said Wastewater requested that, since
we’ve had no response with letters. McMurtry said these are longstanding debts. Cox takes exception with
publishing the names; this is between the Village as a provider. Businesses don't do that with customers.
Sherman asked what the time limit is before they go after them. Kirkland said three of the people don't pay
until it goes on the tax roll, so they're always a year behind. Nelson noted that there’s a 28% penalty between
monthly interest and 10% penalty on the taxes. Burton said in some states such delinquencies are published.
Nelson said it's more a matter of proper procedure; it was discussed at Wastewater and a matter of public
record. Paulson said we had to pay for all the expenses but haven't gotten the revenue; if these people choose to
ignore it and have it added to the tax rolls, they can, but we can also opt to put it in the public record.
Wastewater discussed that it be put on record after two quarters delinquency. Sherman felt disclosing the bill as
part of public record may help them decide to pay.
Should we include money amounts in the minutes? The consensus was that these delinquents be told that it'll be
part of public record in a separate note. Burton moved
to support the recommendation of the Wastewater Committee of putting in the Board minutes the names
of those parties who are a minimum of two-quarters delinquent.
Nelson seconded. All ayes except Burton, a “nay.” Point of order: Wastewater didn't ask for figures to be
published. The motion stood as approved; this time we'll put in only the names plus a total in arrears but not
individual amounts. Burton amended his vote to “aye." All ayes.
North End Update. Alberts reported that the North End is close to completion; a few minor problems at the
new lift station. One sewer incident for the month was a grinder pump but no spill. DNR has been told about it.
One new pump has been installed at Lift #2, the second will be completed Wednesday and should be good for
10-15 years. Level Control Panel is scheduled for July 20. Odor control product is being shared with Egg
Harbor. Cox applauded that kind of sharing with neighboring communities. There are complaints of sewer
odor on the North End on different days; Alberts is trying to find the cause. There's also odor in the new lift
station, but it has subsided. He'll call Ephraim Inn and Somerset to see if they still report odor; he'll continue to
Personnel. Don has volunteered for a new computer program for electronic reporting to one website.
Public Hearing/Change in Maintenance Frequency/Grinder Pumps. Wastewater recommend modifying
the ordinance to maintenance every three years instead of annual basis. Nelson moved
to accept the change from every year to every three years.
Burton seconded. Burton opened it for public discussion. Weborg asked why the change was suggested?
Burton said the pumps are good easily for three years if maintained; yearly is a waste of money. Kirkland said
the problem is those pumps that have never had maintenance. Paulson noted that the problematic ones have
been gotten rid of in the North End. Burton asked for anyone speaking aga inst? No public comment. All ayes.
Sewer Completion. Kirkland said the two requests just received are for the Board to sign Substantial
Completion for Advance Construction and for Engineered Products. Substantial Completion is the start of the
1-year warranty period, Alberts explained. There is a Final Completion later on. Kirkland said the day of Final
Completion is established as June 14; Albert said, yes, that's all the major work. June 22 was when
blacktopping was finished. Weborg stated that the blacktop has only two- foot wide walking paths now; it used
to be four. Cox asked that someone inspect it; Paulson suggested that the striping was done incorrectly. Jerry
fromAdvance Construction said the blacktop was put back equally per linear foot and width just like it was
taken out with the existing, measuring with the other side; it's uniform.
Burton said Alberts is recommending we accept EPI to start the warranty period as of June 14. Burton moved
to accept the document with Engineered Products for Substantial Completion.
Nelson seconded. Discussion: Nelson asked if anything going to come back because it's not completed? The
only thing would be the pumps; there is an issue, Alberts said, and Energenecs is coming on July 20 to address
the issue. Alberts is confident that Energenecs will honor it. Nelson is uneasy starting a warranty on something
not working right; he felt that should mean it's working right. Substantial should mean everything major is done
operationally. Burton said it's a definition of "substantial"; it's a vague word. Kirkland read the first sentence,
which said it's doing “its intended use.” Paulson agreed that it is being used for the intended use; we are using
the system. Further discussion? None. Burton called the motion - Paulson aye; nay, four. Motion is denied.
We will wait until it's working correctly. Denied.
A similar Substantial Completion is requested for Advance Construction with a date of June 22 for the warranty
to begin. Burton has a problem in that the Tom Allen situation; the Allens and other citizens have complained
about the mound of fill dirt. Burton was told that Advance contacted Allen or vice-versa as a place to
temporarily dump the fill. Jerry said Allen contacted Ad vance and wanted fill to help obstruct the view of his
neighbor’s house. Jerry was told where to dump the fill and that Allen said, "Just bring it in and keep leveling it
off." Tom Allen was there daily to see this ongoing procedure. In exchange for Allen taking the fill, Advance
cut a 150-foot driveway two feet deep and put breaker in. Jerry feels the Allen/Advance agreement has nothing
to do with the contract with the Village.
Allen told Burton that he had no idea how much they'd be piling there. At least five times that he recalls,
Burton has asked Advance to remove it. Jerry claims they did level it off at the height Allen wanted and
restated that the mound has nothing to do with the contact with the Village.
Paulson agreed it has nothing to do with the contract; it's an agreement with Tom and Advance. Tom saw it
building up; he could've corrected it at any time. Burton and Nelson reiterated that we're responsible for it in
the end. As soon as the fill is out of there, they can sign the contract. Burton agreed; a week or so isn't going to
make a difference.
Jerry felt if it were any phase of the project, he wouldn't have a problem. Cox asked for clarification on what
happens when it's signed; Kirkland said it starts the warranty. Paulson said it sets a precedent by taking all the
work Advance has done and saying we're not satisfied; the mound not related to the project. It was put there
with a full knowledge of Tom Allen, but his problems are not our problems. For the Village to withhold signing
on work that we say is acceptable, he's concerned about others wanting to bid on projects if we withhold
payment for disputes that are outside our jurisdiction. Kirkland agreed with Paulson; it's substantial completion
of our contract. Burton said the next request would be to ask for payment. Sherman agreed to sign because "if
something's not working properly" is the Substantial Completion we just denied; however, Advance’s work has
been done correctly as far as the sewer project is concerned.
The contractor offered to buy the fill, but Jerry said he could have it. His dump site is a construction site on
Townline; he has talked to Allen also. Cox wanted to make sure there aren't trespassing complaints, etc. The
mound will be reduced by six or eight feet off.
Alberts said the Substantial Completion is the start of the warranty by Advance. We have a retainer of $44,000,
so we could hold the retainer until the mound is taken care of even after today’s payment request. Burton asked
Jerry if we agree that if the mound isn't taken care of, we can withhold that payment. It was noted that there’s
also a retainer on the first (Engineered Products) contract of $5,000. The Board agreed that Advance’s project
is substantially complete. Nelson apologized for not making the distinction between the two jobs and moved
to approve and sign the Certificate of Substantial Completion for Advance Construction.
Paulson seconded. Four ayes; Burton opposed. The Certificate was signed.
Bills to Be Paid: Engineered Products $23,563.12 with a retainer of $5,000. The second bill is $102,677.19
from Advance with a $44,479.84 retainer. Nelson moved
to approve both payments as indicated with retainers as stated.
Nelson wants to be sure to cover the questionable problems with the money retained in a worst-case scenario if
the Village has to take care of it. Kirkland said EPI will just have to redo their substantial completion with a
different date. Alberts opined that worst-case, for $5,000 can we make the pump work. Alberts restated his
confidence in Energenics. McMurtry asked if pressure from Engineered on Energenecs will harm our working
relationship with Energenecs? Alberts didn't feel it would be jeopardized. Cox seconded. Nelson is
comfortable with $5,000 and takes Alberts' word. Burton called the motion to approve both payments. All
ayes. Motion carried.
Kirkland said the WI Dept of Transportation is talking about their proposal to allow bigger trucks up Hwy 57.
They feel they will stick to Highway 57 and not come down 42. Gibraltar Airport is discussing buying a
tractor; Kirkland had asked about it and said it was coming in January. Did they have to bid it out, Cox asked?
Kirkland said they haven't yet.
Committee Appointments. Burton said a committee member wished to continue and can do a proper job,
writing out responses to questions. Paulson asked if it could hamper the Appeals Board. Cox said it's a
disability; Kirkland said it could be an ADA issue. If he couldn’t write, that might be a different. Burton is not
inclined to take action.
If Paulson had an issue before that Board, he’d would be upset if there was not an open discussion by all
members and the person was not able to give reasons for the vote. Nelson suggested that the person write out
any concerns, issues, questions ahead of the meeting and have some means to express opinions based on
answers to those concerns and questions. While he agrees with Paulson, he also agrees with Burton; he feels we
should try to make it work. Nelson’s suggestion will be implemented and the Board will see if it works well.
Hardy Store. Kirkland said the Hardy’s lease of Anderson Dock Warehouse states that it shall be solely an art
gallery; they've now started a gift store. It's not in their lease to do that. Should Kirkland tell them “no” in a
letter? Cox feels they've crossed the line; we went through this a year ago. Burton felt they should be advised
that it's outside the terms of their lease. Kirkland said they could come into a “change of use” in their office
space in Hugh Mulliken’s complex, but not at the Dock Warehouse.
NEW BUSINESS FOR NEXT AGENDA
Sherman has New Business for next agenda: DC Trolley got a call from Nanc y Goss, saying that the trolley
had been parked on Moravia, which isn't allowed as per the Village’s agreement with DC Trolley in 2000.
Owner Frank said they take Moravia to Q to go to Cana Island. The route is partway on Moravia. Kirkland saw
it parked in front of the Schoolhouse, empty. Nelson said in Fish Creek, there have been complaints with the
trolley speeding, running stop signs, cutting off cars. Sherman said UPS, garbage and other trucks go on
Moravia, and for DC Trolley not to be able to use it as passage isn't fair. Cox noted that if he's not stopping, we
can't keep him from going the streets. Goss also saw him stopped, pointing things out. Using the loudspeaker
on Moravia was also an issue.
Sherman recommends that she go back and say that several people saw the trolley stopped; he needs to address
it with the driver if he's deviating from the route. They need to stick to the original plan. Cox did note that the
one block at the schoolhouse is County Q, not Moravia. Nelson felt if DC Trolley is interested in stopping at
Ephraim spots, the owner should come back to the Board for a different agreement.
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
Weborg commented the State says if you have a business open between January and June, you're in the first
half; if you're open July and December, you're the second half, so you qualify as a year-round business, so it's
twice a year for all 110 commercial businesses. Re: the audit, the 2% money that goes into the State each year
comes from each owner's property insurance… $8 million was received in 2004; now Brown brought up that
there'll be more money in 2% because they found a $5 million differential. Weborg asked how that could
happen in one year? They need to have an audit.
Burton moved to adjourn at 10:56 PM. Nelson seconded. All ayes.
Village of Ephraim
August 8, 2005
PRESENT: Paul Burton, Marc Paulson, Sue Sherman, John Cox
ABSENT: Tim Nelson
ALSO PRESENT: Plant Manager Dave Alberts, Fire Chief Niles Weborg, Wastewater Committee Chair
Karen McMurtry, Village Administrator/Clerk Diane Kirkland, Treasurer/Zoning Nancy Goss
CALL TO ORDER
President Paul Burton called the meeting to order at 7 PM.
CHANGES IN AGENDA
No one had any changes to the agenda.
Burton moved to
approve the July 2005 minutes as presented.
Paulson seconded. All ayes.
No visitors had comments at this time.
Fire Chief's Report. Weborg’s written report was handed out. Kirkland asked what it means when it says
"standby" on the report. Weborg said that there’s a call, but they’re standing by until directed as to their role.
He reported that the ventilation has been contracted out, and the purchase order has been sent. Weborg assumes
they're buying equipment; Kirkland noted it has to be completed by February for the grant. Weborg asked that
Building & Grounds be asked to look into the bug problem at the station; he'd like spraying or bug control on
the schedule if it's not already.
Weborg noted a safety item: On German Road, there have been excessive speeds lately; he wasn’t sure there
was a speed limit sign. Cox said there is a sign by the Careys' but there's no enforcement other than on Q, 42
and Townline, and people know it. It’s mostly kids during the summer going to and from work. Burton asked
Kirkland to inform the Sheriff's Department; Kirkland said perhaps summer speed bumps could be a feature,
although Cox felt it might be a hazard.
Weborg stated the fire department has been having communications problems. Radio contact and pagers aren’t
working well in downtown Ephraim from the comm center. He feels it’s a problem because they took the
repeater off Gibraltar high school and put it on Washington Island. He’s pushing to get another repeater put at
the high school. There was a boat water rescue Friday night, and Weborg had trouble with his communicatio ns
downtown that time. Dick Burress will look into it.
Communications were shifted from emergency government to the sheriff's dept; this is one of the problems
we'll be addressing: If an accident call comes in, the comm center will say, “Send one truck.” But that's not the
comm center's responsibility, to say how many trucks to send.
Weborg noted that there were 55 sailboats in the regatta this weekend without incident.
Update/Plant Manager’s Report. Dave Alberts handed out his report and went through it. He noted that
flows for the year Collection System was down 30% but we were on temporary pumping for part of that time so
it isn’t recorded fully. Quality control is doing very well. Sludge is down from last year, but they're making
quite a bit now and they'll have to haul again shortly. With outstanding balances due to the plant, he would not
announce the delinquent names except quarterly. He did note that if the delinquent hauler falls behind much
further, the plant can stop them from bringing waste.
North End Update - Alberts reports that it’s almost finished. They are holding the retainer moneys for both the
companies until minor issues are resolved.
There were several sewer incidents this month. One report had to go to the DNR about a force main crack on
North Shore Road. It was fixed quickly because the area could be isolated and drained off; spillage was
minimal. There was a PVC fitting that was put in incorrectly years ago. He's working with owner Beth Drost
to redo landscaping now.
There were several repairs for the month, as listed in his report, including needing a new sampler refrigerator.
There is still an issue at Lift Station #2 with the rebuilt pumps. The Great Lakes TV & Seal people fixed it, and
the cost was shared with Baileys Harbor. Lift Station #1 was serviced at the same time.
Bills to be Paid. There are no bills this month from Scott Brosteau/Mead & Hunt. They’ll wait to send it until
resolution of the problems, Kirkland said. Burton moved
to approve the Bills to be Paid as presented.
Sherman seconded. No further discussion. All ayes.
Kirkland said we're right on budget for expenditures on most items. Weborg would like to have a copy of the
current financial for budgeting purposes; Kirkland provided it. There were no questions.
Treasurer's Report. Goss said that Clean Water Fund money has been moved around, and there's a new
account for Wastewater Debt. After this month, we'll get the August settlement for county taxes. The Clean
Water Fund money has all been received vis-à-vis what we've requested, Kirkland reported. We have also
repaid Wastewater, General and Gibraltar Fund any moneys borrowed.
to accept the Treasurer’s Report as submitted.
Cox seconded. All ayes.
Brilliant Cities Update. Kirkland said that the updated version of the Brilliant Cities contract has come, but
she hasn't heard from attorney Kalny for his opinion yet. Sister Bay wants all the communities to get together
so all agreements match; no other communities have seemed to want to do that. Burton has looked over the
agreement and has some concerns; Kirkland will forward them to Kalny.
Kirkland said they did add some language that they said, in person, that they would not; e.g., they are quoting
the need for 20-people-per- mile for servicing. They stated that, in a new agreement, they can't be "more
advantageous" than a separate agreement already agreed to with the Village, i.e. Charter. Kirkland said it's
similar to the Village not charging different from private industry, etc. Cox noted "like fees for like services."
Burton noted inconsistencies such as that Brilliant Cities also want to contract for 20 years, but in another spot it
says we could drop them at any time.
Burton felt no immediacy in terms of responding. Sherman said she's gotten mailings from them but nothing
specific. Kirkland said Brilliant Cities is working on bulk rates for lodging; Sherman said most places wound
up signing the five-year-old contract with Charter; their 1- and 3-year rates were much higher. Kirkland did get
some single-user rates from Brilliant Cities that were reasonable and lower than current rates from other
providers, but nothing yet on bulk rates. Sherman said that Brilliant Cities can't promise anything right now, so
they couldn't take the chance. Burton urged all the members to read the contract and pass questions on to
Kirkland for Kalny.
Hardy Report/Request for Key/Anderson Dock Barricade. Kirkla nd noted that the lease agreement for the
Hardy Gallery on Anderson Dock requires a yearly report yearly on activities to the Board. The Hardy Gallery
is also requesting a key for the new chain/barricade that will be going up on the pier. Jan Comstock said that
she had met with Kirkland about the lease agreement and the report due, but what kind of report is required?
She stated that she does come before the Board to give requests and update them. Kirkland clarified that she's
been coming to Plan Committee, not the Village Board. Mike Mittermann told Jan that the stone and chain will
prevent cars from going onto the dock; Jan wants a key since she needs to get to the dock to deliver items. Cox
said the issue is that some of the people from Hardy push it out of the way and it never gets put back; the reports
are that things get delivered but the gate doesn't get put back up. Cars also sit out there at length. It's a fire
lane, and the Fire Chief insists on the gate being kept closed; if the Hardy gets a key for the gate, Cox stated that
the expectations would be that the car would be removed and the gate shut immediately. Jan agreed with that.
Mittermann will be putting up the decorative chain soon. There will be other major upgrades with the docks
and parking lots, Cox will report later in the meeting. Weborg said traffic's not the major problem;, it's closing
the gate. He has seen cars there as well. Burton asked if the Board is comfortable with the Hardy Gallery
having a key as long as they close the gate, and Cox added that they should also remove any vehicle a timely
fashion. Burton felt that by Board consensus, the Village can issue them a key.
Hardy Store. Burton moved the Hardy Store situation up in the agenda. The Hardy has opened a store in part
of the Anderson warehouse, and the lease agreement states the space is limited solely to gallery use. It's also
not zoned for retail, it’s in Protected Waterfront. Burton said the Foundation’s Anderson Barn was denied the
opportunity to do retail at one time, as he recalled. Between the lease agreement and being protected
waterfront, the store is not legal.
Jan said that when the lease was signed in April 2002, the Hardy Gallery was a selling gallery, selling artwork,
which was retail in the general sense. They were already selling books, note cards and CDs. Now they call the
corner in the Hardy a "store," which may be a misnomer; they’re selling small, handmade production pieces by
local artists as a means of paying the lease and lights. Kirkland disagreed because printed note cards are not the
same as original art; it's gift shop merchandise found throughout Northern Door; e.g., the lighthouses are
molded and glazed by several people, not by an artist. "Gallery" means that original artwork is sold. Jan said
that the 501(C)3 category allows for a museum shop, and art-related items can be sold. Having sold the books
and CDs previously, she didn’t see the store as a problem. Other non-profits have shops to sell items. Kirkland
noted tha t it’s not on their property; it’s Village property, and we’re not landlords for retail business.
Burton said when the lease came up in 2002, there was back-and- forth about whether Hardy sold paintings in
the gallery; at that time, the point was made that they were just an agent; they got a commission. So there was
concern about retail even at that time. Jan said these items now are on consignment or donated to the Hardy for
resale. Burton said it's a store in the gallery, and the Village did not have a retail store operation in mind for
that structure. Burton said maybe the amount of area that could be used for a store could be set; however,
Kirkland maintained that it's still not a permitted or conditional use in a public building in Protected Waterfront.
Paulson said it's like someone setting up a shop in the Administration Building. Cox felt better that their for-
sale items were being donated, and he noted Mayberry's Carriage as someone who makes a profit on Village
property; Kirkland replied that his stipulation as a permitted service vendor is that nobody else offers that
service in the Village.
Burton asked to what degree do they consider themselves a co-op? Jan doesn't. Goss added again that re: under
17.20 Permitted Uses, Protected Waterfront, the store wouldn’t be permitted; is the Hardy grandfathered as a
store? If so, then 17.20 doesn't apply. If it isn't grandfathered, it's not a permitted or conditional use on
protected waterfront. Plan Committee member Paul Wilson noted from the visitors that he doesn't object to it
on a personal level but it isn't supported by the ordinances.
A Hardy Board member asked for clarification on whether it was grandfathered, since the Hardy has always
sold things. However, Kirkland said it was original art, and the CDs and books were extremely ancillary. Cox
said grandfathered means that if you were already selling when the ordinance was put into existence, you’re
covered; however, if you change the type or amount of retail sales space dramatically, you lose that
Burton reiterated that the ordinance does prohibit retail in protected waterfront; we could turn it over to Historic
Preservation and Plan Committee to come up with some relief. If not, we'll have to go with our ordinance.
Burton’s not inclined to close the store down this summer; in the future, if it's permitted, to strictly limit the
store to a defined area. They could discuss whether only donated art could be sold, etc. Sherman doesn't see
the harm to having the store, beyond the zoning problem; can we look at changing protective waterfront rules.
Paulson said that you couldn’t just exempt one location; it would be all protected waterfront.
Kirkland said with any other non-conforming use, they have legal non-conforming status but it can’t be
expanded. Cox was willing to help the Hardy as we’ve helped the Foundation so they can pay its bills. We
should be able to find middle ground. Burton agreed; the problem is how. Cox felt we could interpret the
ordinance to allow certain things; Burton suggested an overlay of the Anderson Dock area to exclude those non-
profits in that area. Sherman felt from an economic standpoint, the Hardy does a lot for the Village.
Weborg asked how the Foundation and Anderson Store relates to the Hardy Gallery issue? Kirkland said
they’ve been selling the same items for decades in the Store, plus it's not Village property. Cox suggested it go
to the Plan Committee. Sherman agreed. Jan felt the Hardy brings a lot of people into Ep hraim and helps
support for-profit businesses. Cox moved
to send the matter of the Hardy Store to the Plan Committee for review and suggestions.
Weborg asked what profits have been made. Jan said this year it has about $1,200. Burton called the vote; all
ayes. Marc wants a clarification. When the lease was signed, when did they stop selling original art? Jan said
it wasn't until the next year when they became a non-profit, non-selling gallery (except for books and CDs).
The paintings there now are not for sale by the Hardy; they just refer people to the artists directly. Burton noted
that Ephraim is an art community, one of the Top 100 Arts Communities in America, according to a book.
Cobra Lights/Yacht Club Area. Someone me ntioned that one of the cobra lights should be taken out by the
Yacht Club area. It’s a highway light that doesn't belong to the Village and wasn't on the original list of those
supposed to be taken out. It's the northern edge of the Yacht Club building along the highway. Cox said the
Yacht Club might have requested that it stay there. Kirkland will check on that. Paulson tended to recommend
taking out lights wherever we have Village lights. Kirkland will have WPS turn it off first and then judge it.
Cox wanted to add a comment that last month Mitterman mentioned they were replacing the old globes with the
new ones as they burned out; he would just as soon see the job finished up. Kirkland and Burton agreed. Can't
we do a section at a time, Cox felt. Cox noted that the light on the South Firehouse Dock will be removed.
Some of the new lights will not be as bright as others. He's currently experimenting with 360-degree and
directional ones. Paulson agreed that we need to ask Mitterman and Skippon to install the new globes quickly.
Burton directed that they be told to do so.
DOCKS & COASTAL MANAGEMENT
Projects Update. Cox said there were issues at the regatta; if the regatta continues to grow, as he got
indications it will, there has to be more structure. Spruce Street and all the side streets were parked on both
sides, where there should be only one-side parking. And we can't have 30 boats coming down the channel at
the same time. Lindstrand and Cox will sit with the management of the Yacht Club and talk to them about
structure for next year. Burton noted it was large because it was the entire Midwest this year, but Cox felt the
weather was so ideal, people will come back. Burton noted that when the Yacht Club gets its extension, more
boats would be in the water. With the pancake breakfast, a large wedding and the regatta, it was a huge day on
Goss requested that when Lindstrand and Cox meet with the Yacht Club that she also be part of that meeting.
The Yacht Club had very sketchily filled out their conditional use and temporary permits and didn't define
anything about parking. If she could sit down with them at the same time, that could be avoided. Sherman
asked how we could help with parking; can they park at the Village offices? Goss said the Hardy is a good
example with the Festival: they have been putting up cones and yellow banners; they've been better about
controlling parking. The Yacht Harbor needs the same education. Cox wants to meet with the Yacht Club from
a Coastal Management point of view next April or May. He'd suggest calling Max Robinette and asking him to
Paulson said the Plan Committee didn't want to give them too many restrictions this year--we didn't know how
big the event would be. Now that we know, next year will be better controlled and have one-side-only parking.
It can be put on the brochures about parking up at the Village offices. Weborg said barrels and barricades could
be put out as they are with Fyr Bal. Sherman had a lot of guests participating, and they commented that parking
was an issue and that locals weren't that welcoming but they’d be back.
Projects Update. Iverson shoreline is not finished yet; Kirkland said the company has been paid only for what
they’ve done. Cox asked if Lindstrand approved the payment; he had wanted to hold something back. Kirkland
said the project that was grant eligible didn't include Iverson, which was added by the Board later. Lindstrand
didn't approve any grant-eligible bills, as he wasn’t involved in the bidding or with the contractors—
Mittermann has seen them. Cox wanted future projects to be signed off on by Lindstrand. Was the Anderson
part paid? Kirkland said she wasn't sure if he'd given a bill for the last part of Anderson work he’d done. If it
hasn't been paid for, Cox wants to know; he wants Iverson to get done.
The firehouse marina has had electrical wiring problems; a stray conduit has now been located. There was an
accident on the south firehouse dock: A kid tripped on a warped wooden board and took a header into the
water. Cox is going to budget money to pull up the decking and replace it with Spancrete at $4/foot, which isn't
expensive. Mittermann feels they can do the job over the winter. It'll be permanent solution; the steel structure
should be able to hold it up. Kirkland has the original plans; Cox will come get them.
Cox explained a drawing of the Anderson marina on the blackboard. There's one dock in the center that they
want to remove and reconfigure the piers at an angle; it wouldn’t gain slips but it would make it safer and it
would look better. Sherman asked if there's no room to add additional piers; Cox said we're limited to the
number of slips and parking spaces. The breakwater has been a success; there will be electrical upgrades along
the slips and redoing the parking lot to divert storm water. Coastal Committee will come with a plan for
approval; they're getting estimates for the work now. Kirkland asked if they’d be floating piers; Cox said
they're going to price them both ways. Not every finger pier will be floating, but they could be behind the new
breakwater. It has been since '86 since they resurfaced the dock, Kirkland said, the finger piers probably earlier.
They had also talked about taking out the concrete barriers. They'll put forth a specific plan during the budget
process. Cox feels that within two years, except for occasional dredging, the dock will be good for 20 years.
Administrator/Clerk Report. Election Resolution. Kirkland reported that the County of Door is going to be
our provider re: keeping the master list of people registering to vote, and we'll feed them the information that
they forward to the state. Last month, the Board’s consensus was that we didn’t have to sign the paper
regarding this change; however, Kirkland found out that if we don't sign it, then she has to do the record
keeping herself with new software, training, etc. She recommends signing it. Paulson moved
to have Paul Burton sign the Election Resolution.
Sherman seconded. All ayes. Burton signed the resolution. Paige Funkhouser asked about the seminar
regarding the Election Resolution and voting regulations; Kirkland said it was basically to talk about voter
registration. The equipment for handicapped people, hearing, eyesight, etc. means we have to purchase a
$4,000 machine to accommodate our handicapped people. Will it interface with our AccuVote machines or will
we have to take the separate ballots and redo them, giving a total lack of privacy, and then put them into the
machine? Kirkland doesn't have the answer to that. AccuVote has not submitted anything to the State yet to be
officially approved, so we don't know.
Dogs on Lease / Liability. Kirkland said it's against state law to have dogs out of your control off your own
property. Leslie Leline has always brought a dog to the pre-school and rarely if ever has had them on a leash.
Everyone else who has a dog in the office area has a leash. This past summer, Leslie's dog lunged at another
dog. Kirkland would like to have Board permission to write an official letter to Leslie stating that it's Village
property, that she has to keep the dog on leash outside, and that it’s a State law. She has been asked to do this
voluntarily, and she has not complied. Cox is reluctant to do something this official. Burton noted that it could
be our liability. Burton directed Kirkland to write an official letter to Leslie.
Bluhm Response re: Beach Closings/Advocate. Warren Bluhm’s response re: beach closings were in the
Board packet. Kirkland said he has said they would include a disclaimer that their reports are not up-to-the
minute information. Cox isn't happy with his explanation. Cox said we have a sign that has to go up as soon as
the problem is detected. Law requires that. Kirkland reminded that Nelson felt the opposite is also true: If the
Advocate says our beach is open and it's just being closed and someone gets sick, it's a liability for us in that
direction, too. Kirkland had suggested to Bluhm that they post the information on their website but not in the
newspaper. Paulson said people who come up here on vacation don't realize the Advocate isn't a daily
Committee Appointments. Burton said we need to replace a person on the Board of Appeals. Kate Houston is
an alternate and could be put on. Cox asked who else is an alternate--Doug Schultz and Jon Kordon. Cox felt
the invitation should be extended to all the alternates as a courtesy; Goss noted that the other two aren't here
much in the winter. Burton said Houston has expressed her willingness to serve; she's the only alternative in the
off-season. Paulson said the Board of Appeals chairperson expressed that Houston had done her work well
when she was on the Board previously and was diligent. Kirkland said they do get all the information in case
they have to step in when someone’s absent. Burton said we should appoint Houston as long as she has
expressed interest. Burton moved
to appoint Kate to the Board of Appeals from an alternate status to full-time.
Sherman seconded. Sherman asked if we need another alternate; Goss said no, because State law says two
alternates, so we've had one too many. Houston's position will be for the term she is replacing—it ends in 2007.
All ayes. Burton said he would write the vacating Appeals Board member and inform him of the decision.
Kirkland will tell Kate Houston.
Sherman asked about cell phone towers. Kirkland said it was done as an over-the-counter permit at the County
for a tower in Liberty Grove and is a done deal. Cox said that Liberty Grove was not forthcoming in telling
Ephraim. Goss noted that the permit was taken out May 31st; neither Liberty Grove nor Ephraim was informed
until mid-July. Cox said the county isn't required to inform us, and we're not required to tell anyone outside our
boundaries. Kirkland said we are if it's conditional use 300 feet from a neighboring community, but it's our own
ordinance that requires that.
Cox mentioned that Liberty Grove uses the county for their zoning, so they have no such requirement. He felt
we had the opportunity to control it and didn't it; Kirkland said if we could have done extraterritorial zoning, but
that has been a problem previously. Cox stated that we won't reap anything from it. It's just two lots over from
where we could've had it; owner Steve Miller is south of German Road, Weborg said, east of the dump. The
tower will be 189 feet.
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
Weborg said he doesn’t like where the tower is going-- it cost $6,000 to write our ordinance.
MOTION TO ADJOURN
Burton moved to adjourn. Sherman seconded. All ayes. The meeting adjourned at 8:55 PM.
Village of Ephraim
September 12, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson, Sue Sherman
ALSO PRESENT: In the Park: Fire Chief Niles Weborg, Maintenance Mike Mittermann, Curt
Skinner, Clerk Diane Kirkland, Paul Wilson; In the Village offices: Niles Weborg, Mike Mittermann,
Plant Manager Dave Alberts, Wastewater Committee Chair Karen McMurtry, Village
Administrator/Clerk Diane Kirkland, Treasurer/Zoning Nancy Goss, Bob Farwell, Curt Skinner
CALL TO ORDER
President Paul Burton called the meeting at Harborside Park at 6:48 PM. The Board had bullet points from
Walt Fisher to consider from the Harborside Park Committee’s September 7 meeting.
HARBORSIDE PARK COMMITTEE
Site Planning. Should a professional be called in? Cox stated that, other than drainage, the tasks aren’t rocket
science and professionals automatically drive up the cost. He felt the drainage should be done for worst-event
circumstances. Burton felt professionals could offer good advice. Sherman asked if we’d gotten any bids yet;
we have not. Mittermann talked about various site plans that are viable: whether to put parking along the
farthest perimeters and leave green space in the middle or arrange it another way. Drainage has to be taken into
consideration. Water can drain through a pipe under the asphalt into the storm drain; Kirkland said it’s
inadvisable to have water drain directly into the bay with oil and grease. We should have a retention pond or
some filter system—we make other projects do this. Burton felt Bill Schuster’s office could give a good
perspective. We need some sort of filtration before it reaches the bay.
Sue Sherman asked if it could be connected to the sewer line; Kirkland said we have two stubs of the sewer, but
that’s too much infiltration for the plant. It was noted that Tim Christofferson has a gravel pit before his runoff
goes into the bay; however, his drain basin is sized for his property area only and beyond to the northeast. Ours
would be a different drainage basin. Burton asked that Kirkland look into it with Schuster’s office to possibly
work with the Committee. Kirkland noted that there is $20,000 left in the fund for this kind of expense. All
agreed we’d need prices. Cox was frustrated that we’ve already put nine months in without much conclusion;
Burton felt there has been a lot done. The Board had agreed to look at traffic patterns over the summer before
taking definitive action and without knowing the traffic pattern, you couldn’t have gotten a drainage plan.
Traffic Patterns. Mittermann discussed the number of parking spaces versus green space. If there’s parking
all around, it could equal 29 spaces; on one size, just 21. Burton felt we needed to see a drawn-up plan in detail.
Cox did have a basic sketch, one of three proposals. Mittermann said now that we have an official survey, he
would draw in parking spots with a peninsula of green space and a well. Burton allowed that the traffic patterns
seem OK. Kirkland noted that in the morning the lot is not full, by the evening it is, and whenever there’s a
Village event, it’s packed. There are only 16-17 spaces now. Weborg asked if employees are abusing the
parking situation. Kirkland didn’t see a specific pattern of illegal parkers; Cox felt that the employees are using
the parking but are just rotating to be less obvious.
Parking Surface. Should we move permanent parking as close to the perimeter as possible? Yes, all agreed
that should be done.
Fencing. All agreed that the fence should be continued where it stops on the north side and that the stone fence
should be repaired. Should the grassy area on the other side of the stone fence by the road be sodded or low
shrubs put in? Shrubs will be ruined by snowplows; sod will die off as it is now. Chips may scatter, and
Nelson said they’d interfere with drainage. Walt Fisher had asked about a paved area such as Sister Bay’s, with
a stamped- in pattern for the drive and parking—it would look more park-like. Burton felt it might be too
expensive--asphalt or perhaps paving blocks of some kind seem to be the best answer.
Cherry Resurfacing. Although some neighbors have protested the “widening” of Cherry, the street is not
really going to be widened to the east of the park. Eighteen feet is the proper width for that street; Mittermann
says it’s 15 feet now, and the road right-of-way is right by the stone wall. Mittermann would like to see the
entrance curve slightly to the south so the corner is not 90 degrees. Nelson allowed that the first two trees need
to come out for safety; there’s not visibility at that corner. Aside from adding a curve, the widening will take
place more toward the stone wall than the south side of Cherry so that there are two nine-foot lanes. The paving
by the stone wall should be striped for “no parking.” Uphill from the Park, Cherry would just need to be
repaved as is. Cox noted that the steps need redoing; there should be better railings than just pipes. Mittermann
noted that the path up to the steps is quite steep; Nelson saw it as a liability. Kirkland said perhaps a series of
wide levels could be put in instead of an incline.
Signage. It should be a two-sided sign noting that it’s a park/parking/recreation area. Kirkland noted that Sarah
Martin felt the rules of “no overnight parking, no trailers” etc., should be on a sign in the interior of the park,
not at the entrance. The “one way” notation should be larger. A better “Dead End” sign is needed, since too
many people have to turn around at the top of Cherry. Mittermann said that will have to come from the State
and he will get that.
Lighting. All agreed that the existing poles should be removed and bollards similar to the ones across the street
Restrooms/Bandstand/Other Amenities. Cox felt there should be restrooms, and the Village Hall back
bathrooms could be used for storage or other uses. Burton asked where people would see them placed?
Perhaps the best spot would be back by the utilities box at the northwest end. Cox opted for an easy-to-
maintain bathroom such as the Marina. Nelson asked why people couldn’t use the front Village Hall bathrooms
at all times. Kirkland said there’s too much possibility of breaking into the hall and unobserved vandalism, and
Mittermann noted that for some rentals (such as AFT), equipment and belongings are stored in the foyer area, so
doors must be locked. Burton asked if bathrooms should be from this year’s budget or next? Nelson is not on
record as being in favor of the bathrooms.
Kirkland said if we put in more amenities such as a gazebo, we might have to have bathrooms. Sherman noted
that a gazebo, à la Birch Creek, was in the original thought process. Burton likes the idea of a small town
gazebo and opined that someone might donate it. People envisioned it as an open-air gazebo/pavilion that’s no
more than 20x20. Mittermann said if there were parking on one side only, we’d gain 10-15 feet for a
playground and more green space.
Mittermann said that at the top of his Wish List would be an in- ground sprinkler system for automatic watering.
Burton replied that once we agree on generalities, we can develop a budget that may include that. Cox noted
that the utility poles are coming down and going underground; that will happen with Wilson’s closing this fall.
Burton concluded this portion of the meeting at 7:18 PM, and all proceeded to the Village Offices.
CALL TO ORDER
President Paul Burton re-called the meeting to order at 7:30 PM.
CHANGES IN AGENDA
Kirkland wanted to add some additional airport info added under Item #8. No other changes.
Burton asked for approval of the August minutes. Paulson moved
to approve the August minutes as submitted.
Sherman seconded. All ayes.
None at this time.
Fire Chief's Report. Weborg stated that the ventilation system is installed in the fire station and operating
except for Truck 6, which doesn't have the right vent to accept it, but that will be done. It's working well. It
kicks in when you start up a truck and kicks out when you drive out. There is some fine-tuning to do.
Kirkland asked about a First Responder grant that was available with the deadline of September 2. The notice
was given to Earl Shabbit with list of equipment possibilities, Weborg and Cox, but nobody got back to her. It
was a 100% grant. Weborg said they already have money budgeted for a defibrillator at Maintenance; Kirkland
said that was on the list among the eight pages’ worth. Weborg said he might have overlooked it. Kirkland
called Shabbit on the 31st and his wife said he’d been looking at it, but he never called back.
Increase in Fire Inspection. Weborg went to bat for seasonal businesses to be inspected once a year instead of
twice, but the rule is that if a business is open before June, it's considered year-round because it’s in both halves
of the year. The Inspection price will have to go up because it costs about $800 more a year to inspect twice.
We haven't had an increase since 2000. Sometimes it takes up to three inspections for conformity, so $17 is
inexpensive in that case. Weborg said it comes out of the 2% money but that takes away from equipment
budget. He noted that soon there will be audits, and that for those who won’t comply, their 2% money will be
split up with the ones that do.
to approve the $2 increase per fire inspection.
Nelson seconded. All ayes.
First Responder Agreement Review. This agreement works like the mid-Door agreement, Kirkland said.
Some language is being reviewed, and the agreement will be talked about it again on Thursday. Kirkland will
have it on the October meeting. Weborg likes the mid-Door agreement and would like the First Responders to
function like that. Kirkland said it is to be patterned after that but she doesn’t know what Gibraltar objected to.
Burton said we’d wait to hear.
Bob Farwell asked if the Board missed out on getting free equipment? Kirkland said it was a possibility of First
Responder equipment; with $25,000 available countywide, we don't know if we would've gotten a grant for
sure. Burton said the Fire Chief and Ass't chief hadn't responded. Weborg said most of the equipment would
be duplication. Mittermann noted that Fish Creek didn’t ask for anything.
Mittermann asked what type of education compliance is needed with the new NIMS system? The Fire
Department is going to have to show knowledge of it and so will elected officials such as the Board members.
Weborg explained that NIMS is the new FEMA “National Incident Management System.” It’s how the Fire
Department already functions; this is what police and EMS have to learn, but they all have to have schooling.
Mittermann expla ined that for the Board it's about logistics, how to get money, how to spend money from
agencies and public information. The Board is the body that has to give approval for spending money, etc.
Kirkland asked if they’re doing WISLR classes or on the Internet? Mittermann said he has downloaded an 83-
pg book, about 40 pgs of text to explain it, and there's a 25-question test.
Patrick Johnson. Alberts explained that Johnson is ¾ time for maintenance now, and he approached Dave
about being more of an asset to the Village, if there's training he could do for Wastewater to fill in. If an
operator goes on vacation, is ill, etc. For example, last Friday a hauler dump cherry pits and plugged up holding
tank pumps and had a major problem. Alberts asked Johnson to come help a couple hours. He agreed and was
a big help. Alberts would be willing to use his budget and for training, but there may be further budget issues
since he isn’t full-time. If he works more, his benefits and status will change. Wastewater didn't feel they
should make the decision since the Board acts as a personnel committee. If he goes closer to full- time, there's
Wisconsin Retirement and Social Security, plus the Village would pick up all health insurance instead of 3/4
plus disability. Burton noted that some would be prorated from Wastewater’s budget. Kirkland said it would
probably be a bill-back situation through Personnel Services, but benefits would have to be worked out
Alberts noted that he’s an excellent employee. There was discussion that keeping him part-time may cause him
to look for full- time work elsewhere; is it a risk worth taking? If Richter wants to retire a few years down the
line, someone has to go into that position. Cox said it's a budget-time discussion. Burton said Wastewater is
seeking a “philosophical commitment” to cross training. Cox asked how much education costs? Alberts said
operators license and training is about $300, and he gets paid and mileage while he's going. Sherman and
Paulson agreed that good people either move up—or they’ll leave. Goss reminded that going into a full- time
position isn’t an automatic; any job opening change still has to be advertised and available to others. Nelson
felt it'd be good to see the costs right at budget time; the total costs of training, what can Wastewater afford
versus the Village? It would be good to see proposals.
Richter/Rasmusson - Continuing Education Training. Richter and Rasmusson are enrolled in a phosphorus
class for an operator’s license October 11-13, and the ordinance says if an employee is gone more than two
days, it needs Board approval. Wastewater Committee already approved it. Nelson moved
to approve Richter and Rasmusson’s attendance at the phosphorus class for three days.
Cox seconded. All ayes.
Penalty/Grinder Pump Maintenance Violations : Alberts has delivered a letter of notice of violation to the 21
residents who have not inspected pumps. About half have already responded. Most were hand-delivered, or an
envelope was left at the house plus sending Certified mail. There's an October 1 deadline; after that, he will
impose penalties of $20, approved at Wastewater Committee.
Bob Farwell asked if inspections are every several years? Alberts said the old ordinance is still annual; after
2005, it'll be switched to every three years. He felt he was being penalized because he was inspected last year
and it’s only good for one year. Why couldn’t his report be grandfathered in for three years? Nelson felt it's
reasonable. Burton felt it's awkward. Weborg said some have already done the new inspection for 2005, so it's
not fair. Burton recalled that his grinder pump was upgraded eight months before it was removed and junked;
he'd invested almost $1,000 in upgrading.
Farwell also asked about picking from only two out of the dozen licensed plumbers (Anschutz and Reinhard);
the other two are Green Bay, and one quoted $300 plus labor plus transportation. Alberts said he hopes more
plumbers will be available and, therefore, more affordable. Farwell asked if the pump had to be taken out and
needed two men to do it? It was felt that was unnecessary to pull it unless it was defective. Burton said the
mag meter is provided from the Village, the plumber can borrow it. Nelson said he knows how to do it but
doesn't want to touch them because of insurance and liability. Probably others feel the same way; Reinhard is
even backing off. Alberts said Toby's might do it. Burton said we created opportunities for plumbers to get
involved but some may not choose to do so.
North End Update. Alberts said the three VFDs (variable frequency drives) that control the speed of the
pumps are still failing--they simply turn off. He has asked Mead & Hunt to replace them. There’s a meeting
about it shortly amongst all the vendors and subcontractors. They took one of the pumps today to get
recertified. When the pump was opened, there's water in it (#3). There has been seal fail before. Nelson asked
if the Village or Wastewater should do to preempt being stuck with this problem after the warranty period? The
final payment is still being withheld but the warranty has started. Do we need to legally do something that
states until it’s totally resolved—perhaps for six months—that the warranty period doesn’t begin? Burton said
we have to negotiate something in writing with them. Alberts said it could be the control panel; they have the
same kind. Alberts said Energenics might bring a pump in to recertify it; they'd extend the warranty another
year. To him, it sounds like a Band-Aid. Nelson said if they fix it, but the warranty can start; but he feels we
need assurance. Alberts said pumps are normally good for 15 years. Alberts encouraged anyone to attend the
meeting. Nelson said we’d talk to the attorney about it, too. Burton asked Alberts to discover if any other plant
uses these pumps and get input on their experience with this product. Alberts will call.
Dick Wegman's landscaping needs work; the grass by the highway is in bad condition. Burton asked if they
have photos of the grass before; Alberts said they do, and there are now bare spots. We need more fill,
reseeding. They redid Wegman’s side yard and it looks great. Paulson allowed that grass didn't grow well in
this drought year. Alberts said that, in addition, the double doors at the plant, the bi- fold doors, are not fitting
correctly. They don’t seal well. They've ordered new ones. The wet well door has a poor seal, too.
Bills to Be Paid. Kirkland added a Mead & Hunt bill for $5,932.30. Generally, we’re on target with the budget.
Nelson asked about the Paul Soper's hours (Pg 7) for data entry; is he getting caught up? Weborg said Soper
has elected not to be with us any longer. They're working on someone else for doing data entry. Burton moved
to approve paying the bills.
Nelson seconded. All ayes.
Goss reported that August was an active month. They’d received $222,581 to Associated IOA for our August
settlement, and from that $85,294 into Wastewater, moved $60,000 from Wastewater to Replacement Fund and
set up a Gen'l Contingency account. Today we took $275,000 out of Associated IOA in prep for transfer to
repay Capital Reserve and Yearly Cap Reserve amount.
Cox asked about Pool Account #8, Docks Reserve, where is that money? Kirkland said it's in the checking
account; Docks paid overage on the Porta-Pier contract and the Anderson Dock project out of "extra money,"
waiting to see if you want to do a loan for those instead. That'll come up under budget discussions. Cox asked
if she knows how much is in there? At the start of the year it was $62,000 but the Anderson Dock was $36,000
and Port-a-Pier went over $12,000. So, in a word, "not exactly." Nelson moved
to approve the Treasurer’s Report.
Sherman seconded. All ayes.
Tru-Green Chemical. - They had contacted Mittermann for aeration, etc., and the price seemed reasonable. As
long as he was up, he had Tru-Green price out the parks to help with a budget figure for weed/feed/bug
elimination. He stared measuring square footage of parks and lawns, looking at Scott's Weed & Feed at
Nelson's; give or take 5,000 feet is $15 for granules and time to spread. The sod area required 3 bags, 15,000 sq
feet or $45 worth of granules. Tru-Green wanted $65 to spray application Weed & Feed which they’d do 4x a
year. There was discussion about liquid application being to close to the water, whether it was safe for pets and
children; they need a license to spread the kind of chemicals they use. Granules are slow release and you can
specific amount of nitrogen. Burton asked if they use an herbicide? Mittermann says yes. Burton asked the
total price; Kirkland said $2,900 for the year was the quote. Sherman asked if Door County Coop gave a bid;
they hired them to aerate and put grub control on it. It was $18 an application. Cox said that at Evergreen, they
use the chemicals every other year - spring and fall, not four applications. Knocks everything down without
overkill. In opposite year, they spread their own as needed. Burton felt that’s reasonable. Burton asked if you
could specify what you spray with? Cox hasn't looked at it that closely; grub control is a big issue.
Sherman said Milorga nite works well. Burton said a lot of communities are highly restricting and stopping use
of high- nitrite applications on municipal and even private properties. Cox said it's a State law that you can’t
restrict companies like ChemLawn from coming in; it passed three years ago. Nelson felt the Village should do
something along the lines of restricted doses and not every year; find the bare minimum effective level.
Mittermann said if the Village wants him to do granules in spring and fall, he will. Nelson suggested calling the
Coop for weed & feed and grub control. Sherman moved
to instruct Mittermann to get bids from various companies on minimal applications, what those
applications contain, and to include the Weed & Feed and grub control.
Mittermann said he’d include a price for a granule application for comparison. Nelson seconded. All ayes
except Burton, a nay.
Vandalism to Village Property. Nelson said it bothers him that on Hidden Spring & Hwy 42, the property
owner is watering and leaving a red stain on the Village sign. If the Village is responsible for maintaining the
property and providing the signs, we have the authority to protect those signs. It's not inadvertent. Burton said
he talked to the owner involved; he did stop for a while. Kirkland said the owner was sent a letter last year
about it. Cox said the bigger issue is that pedestrians have to walk around the sprinkler; it's out past the white
line. Nelson said eventually there’d be an accident. Goss said he should use a soaker hose; it was noted that he
sells the twirling sprinklers that are being used. Kirkland said there might already be a "destruction of Village
property" under nuisance or some other ordinance. Cox said the Board should come up with the language or the
attorney should Paulson asked if we could bill for damage? If he refuses to pay it, put it on his taxes. If he has
to do it once, it might work.
Nelson said at the very least he should receive a letter; Kirkland will send a Certified letter after Burton reads it
and both would sign. Mittermann asked if he should clean and repaint the sign? Burton said yes. Cox said a
picture should be taken first; Burton offered to do so. Kirkland noted that new signs would be going up, once
designed. Farwell from the audience he's more concerned about the safety issue; if someone's hurt, the Village
will be sued. He felt the letter should include the fact that we're going on record that this is not our
responsibility. Burton said Kirkland should stress the safety problem and "cc" the attorney.
Reimbursement of Cell Phone Costs. Cox said at the Facilities Committee meeting, Mittermann presented an
issue that all three employees are using their own cell phones; the primary use is for Village business, but on
evenings and weekends, they use them as their own. Mittermann presented thoughts on some type of stipend or
reimbursement in lieu of Village providing cell phones to them. Cox felt the reimbursement is in order. It
keeps us out of two- year agreements, equipment repair and replacement and some of the other issues with cell
phones. As far as published phone numbers, Cox doesn't feel we should give out private phone numbers of
employees unless they know when and how it's being given out. Mittermann is proposing $25 per month per
person, which is about what the basic package is. Nelson felt it's reasonable. Repairs or replacements would be
Cox said Alberts should also discuss with Wastewater as well. As a supervisor, Alberts could continue to have
a Village phone. Farwell asked about New Orleans and the lack of communication during an emergency; he
worries about individuals being responsible for having their own phones, will they really tie in for an
emergency. Cox said the FCC licenses the Village and we have numerous two-way radios and other
infrastructure. A cell phone is only as good as the infrastructure providing service; if that system goes down, it
won't matter. Weborg added that we have a county system and emergency generators; we wouldn't run into a
New Orleans situation. Mittermann said we could talk to military, Coast Guard frequencies, etc.
Cox said should we start immediately or with the new budget? Sherman felt it would save in the long run.
Paulson asked if the administration needed the same consideration? Kirkland said she had a paid cell phone but
hasn’t had it upgraded with minutes because of waiting on the US Cellular situation—she ends up paying a lot
in overage; however, Goss has her own cell phone and uses it for the Village occasionally. Paulson felt it
should be part of the budget. Mittermann felt there was adequate money now in the current budget; the cost
would be $300 for the rest of the year; $900 for next year. Cox moved
that the Village starts the first of October to authorize $25 for each of the three Maintenance employees
out of this year's budget then it would become a budget item for the upcoming year.
Sherman seconded. Cox said there’d have to be a policy written; it's not a requirement of emplo yment. Cox’s
asked is there is money in administrative to cover it? Yes. Burton said Nancy should be included. Paulson
amended the motion to include Nancy Goss along with Maintenance.
Cox seconded amendment. All ayes to the amended motion.
Brilliant Cities. Kirkland reported Kalny is reviewing the latest version of the contract from Brilliant Cities
and Bob Kufrin had presented a version, which he feels Door ought to use, but it’s more complex than Kalny
felt was needed. There was a question whethe r Sturgeon has one in the works; they may have a different
version. Alan King from Brilliant Cities said they’re running lines along the two major highways, not sure
where they need the hub buildings yet. They're on target, time wise. He’s still not sure about bulk rates.
Kufrin is working on behalf of Sister Bay, Baileys Harbor and Jacksonport. Burton has looked over the 24-pg
agreement. It's overkill but protects the Village in every way known to man. It's very thorough, and we should
take a look at it and perhaps sign on to it. But we shouldn't get involved until they've hashed it out.
Hall Rentals – Set-ups, 5012 Status Costs. Kirkland said originally, it was Mike Mittermann’s idea was to do
major setups for people so we didn't get walls banged up in our new Hall. However, many occur over
weekends and most are non-profits that don't get charged, so maintenance hasn't gotten repaid for the actual
time taken. Should we charge a minimum for non-profits? Should we continue to set up and tear down?
Everyone agreed that for events such as weddings yes, because they're not invested in the Village and might not
be very careful. There should be middle ground so maintenance doesn't reset over weekends; either charge for
all setups or do only certain ones.
Kirkland said perhaps hall shouldn't be rented before 9 AM; it involves early overtime such as with Martha
Garvey’s early classes. Are our resources being used correctly? Our priority list is being neglected. Kirkland
said the fees have been upped but many aren’t charged - Men’s Club, Women’s Fellowship, Peninsula Golf,
churches, Gibraltar school board. Nelson asked if we could come up with a list of those we can confidently
assign for their own setup and teardown? He said we might have to start charging those groups that we have no
confidence in, and do it ourselves. Mittermann doesn't know how far into the business of "hall rental" the
Village wants to get. Kirkland said it's for public use; we always rent it at least 100 days a year--that's what a
Village Hall is for. Sherman agreed. Burton said to come up with a new schedule of rates and a policy; Cox
asked Kirkland to come up with a way to keep their scheduled hours down. Weborg said people who use the
hall, cleanup also means scrubbing the floors and cleaning to the way they found it, not just tables and chairs.
Kirkland said the deposit is $250; if time is needed to clean up more adequately, it has been deducted—but it
still involves our manpower.
Farwell said Baileys Harbor charges non-profits; we should ask how much. Why should Ephraim be making
contributions to these users? Burton feel there should be very few organizations that shouldn't pay something.
Mittermann said we need to have one person in charge and know who'll clean up the hall. Goss suggested input
from Susan Shallow who does all the booking and billing. Burton wants to know how much money was taken
in 2005 from occupancy of the Hall. Kirkland felt it's $7,000 to $8,000.
DOCKS & COASTAL MANAGEMENT
Cox has nothing much to say this meeting. Mike Kahr has broken backhoes and now we might as well wait
until the end of October.
Open House for Christmas. Kirkland asked permission to hold an Open House at the Village Hall as happened
last year, the same day as the tree lighting and business open houses. People brought in family ornaments for
the tree. The Ephraim Foundation and EBC may join and have their events at the Hall. We might need money
for cookies/cider plus a couple hours of employee time. Sherman moved
to approve a Village Hall open house before Christmas.
Nelson seconded. All ayes.
Report on Eph Foundation/EBC/Village Meeting. Kirkland said they talked about the Open House, that
EBC might do a different kiosk at the Info Center sort of like the Door Chamber. Sherman said at the last
meeting it was discussed--they’re looking at something different with the kiosk, why not have Ephraim be one
of the first ones. The plaques for historic buildings are on hold; should historic buildings have a bronze plaque?
Who would pay? The idea hasn't gotten too far because of bogged-down discussions on content, payment,
which ones qualify. Burton said until someone gets excited about it and fund-raises, maybe it's not worthy.
Bow Hunting Season - Nominal Fee? Sue Shallow said people are surprised there's no fee; there is paperwork
involved and follow-up. Cox isn't sure we can do a fee; it's a question for the State. Nelson said it'd be an
administrative fee. Weborg said we're begging people to thin out the deer; we don’t want to charge them.
Burton doesn't feel we should charge a fee. Curt Skinner asked if there’s a designated bow hunting area? Yes,
very much so, and the hunter must have the property owner's permission in writing. Burton reiterated that we
might wish to establish a bounty for deer in the future. Nelson said someone would have to view the deer in
Ephraim before payment, could get administratively difficult.
Designation of Donation. Samson gave the Village $50 for using Anderson Dock. Kirkland asked if we
should we designate it? Burton said to put it in the General Fund, and it was agreed.
Repeal of Obsolete Impact Fee Ordinance; Distribution of Funds. Kirkland explained that we’ve had
impact fees at a time we thought we'd have more residential and more commercial growth in the Village. You
have to look at an area for a certain impact fee, take the number of vacant properties ripe for development, use
that percentage vs. improved properties, then charge the folks who will be coming in the impact fee. It didn't
work out terribly well; we did raise some money and it was used in April 2000 for gas station property
purchase, fire truck, etc., but there's not much money left and we continue to have not a lot of growth. Kirkland
feels we should repeal the Ordinance and distribute the funds back to General to complete repayment of these
There was discussion about whether new projects needed to be designated; Kirkland said the projects listed are
already done from the 1996 Impact Fees; you have to specify needs for a certain period of time and be fairly
specific about projects. If you don't do a project after it's listed, or if it costs less than anticipated, you have to
reimburse that portion of money to everyone who has paid into it. The current ordinance doesn’t imply
anything new for the future; the Ordinance could be revised with new needs assessments. Burton said another
project would eventually come into Shannon Square, so the commercial assessment might be good. He asked
Kirkland to take a look at the Ordinance. There is some urgency. The monies left over should be returned to
the General Fund. Burton moved
to have the [Impact Fee] monies left over right now be returned to the General Fund.
Paulson seconded. All ayes.
Burton further moved
to take a look at a new Needs Assessment and revise the Impact Fee Ordinance as appropriate to cover
projects in the future that would impact the Village in substantial ways.
Nelson seconded. All ayes. Burton would like a copy of current ordinance, and he'll discuss with Mittermann.
Airport Hangar Sale/Right of First Refusal. A letter from Todd Voeks is asking the Village Board to give
permission for a hangar sale at the airport. However, his format is incorrect since the Village cannot approve of
disapprove a sale; Gibraltar and Ephraim have right of first refusal to purchase. However, from Voeks’ letter no
purchase price is stated. Burton's not inclined to provide a letter of approval when we have no information.
Nelson wants to know the price. The point of having first refusal is to control this. Burton said if we approve
the sale and the buyer misrepresented, if there were a legal challenge, could the Village get into a legal
problem? Kirkland will write Voeks asking the price; we can't refuse to purchase something when we don't
know what it costs.
Cox has an airport question: About a month ago, they spoke of personal property tax; did we get an answer?
Kirkland said Gibraltar said that they keep it and always has. It should be a point of discussion with the joint
meeting that they set up with Ephraim. Cox wants to know how much property tax they pay; Kirkland feels it's
the Gibraltar mil rate but she doesn't know the value put on a hangar.
Kirkland got a notice through Gibraltar that Emil Jensen from the State is stating that toilet facilities are not
provided at the airport office building; there's a corrective report and possible fines involved. Gibraltar’s
attorneys wrote to Merrill Runquist saying there are Port-a-Potties; Jensen said you can only use those when the
installation of a permanent facility is difficult or impractical. He wants bathrooms in right now. Gibraltar
wants to have a joint meeting with Ephraim – with the grant, they want to put in a bathroom with the new office
building, but there could be a $100/day fine if we don’t get it done “in time” to satisfy the State. This meeting
should be during budget time. Nelson asked if we need a manager there x- hours a day. Cox felt no. Kirkland
said there are several managers there.
Reminder re: 2006 Budget Meetings For Committees. Kirkland said some committees are already meeting.
The State said all municipalities should have a 2% cap over what we levied last year, not including debt
retirement, principal and interest, and the Village already has a resolution that we can take out more debt for
capital projects. Kirkland wondered if it affects Wastewater and Docks? Are they held to 2%? The answer is
no, because they're not part of the tax bill—they get their money from user fees. What do you do to us if we
don’t stick to 2%? The State aid would be reduced. Kirkland asked if it's just State aid or could it be road aids,
school tax credits? The answer from Ken Schuck at the State was it’s just state-shared revenues; ours for next
year is $5,056. We may not care about the 2% limit if we can’t hold to it. The levy increase will only be about
$17,000 over last year, with health insurance, gas, utility costs may eat it up; haven't heard from health
insurance yet. Cox said the 2% limit is sunseted for two years. Budgets could be accepted at the October
meeting; there’ll probably be a special meeting or two. Budget has to be totally passed with a public hearing by
the first week of December.
Board of Appeals Fee. Goss reported that it’s currently $300, with about $150 of that covering office costs. It
takes about six hours of her and Shallow’s time and doesn’t include office supplies, postage or attorney time for
advice. Should we raise the fee? Now that Board of Appeals laws are relaxed, we're starting to see frivolous
requests that are turning into hearings, and they're requiring attorney time. Cox asked what Door County
charges? He suggested finding out comparables before we decide. Cox said there are some people who can't
afford $300. Paulson asked if we're breaking even; Goss said we're losing. Paulson said we shouldn't be
subsidizing the costs. Kirkland will bring a study to the next meeting.
Goss felt a reasonable fee might be $500. Board of Appeals scheduled a hearing a couple years ago, $970 in
atty fees $150 for Board of Appeals members and the appellant dropped it the day the meeting that was
supposed to happen. Nelson said we should charge each applicant for the real fees they generate; Goss isn't
against doing that. Paulson said like a court does, "court fees" plus Board of Appeals fees, so the cost is what
the cost is.
Cox asked why you need legal advice? Goss gave an example of an “unappealable” issue that they wouldn’t
have known about without asking the attorney. Nelson felt there are specific legal points that Board of Appeals
doesn't know and they pay an attorney to know. They don’t decide the variance, just that the process is
followed correctly. When the appellant brings their attorney, you don't want to talk, you want your attorney to
talk. Goss likes the idea of a deposit of $500 or $1,000 with actual costs removed and a refund. We'll act on it
at the next Board meeting.
Upcoming Co nferences. Goss is attending a Green Bay two-day zoning conference next month. The speaker
from Canada is presenting the primary topic is proactive zoning on the Niagara escarpment. Also how to
pattern laws so people understand them. Kirkland and Goss will attend the League conference in Green Bay as
well in October. Approval by consensus.
Communications/Correspondence. There were letters praising Goss, one regarding a cedar hedge and other
notes in the Board packet. Kirkland said that Leslie Leline has been notified about keeping her dog on leash; so
far, it hasn’t come up since preschool just started.
OLD BUSINESS / NEW BUSINESS FOR THE NEXT AGENDA
Weborg said that Theresa asked for a Bill Weborg Memory Day. It’ll be held September 24 at
4 o'clock at the Sister Bay station for firemen, friends, family. She'll furnish brats and hamburgers, it’ll be a
potluck, bring utensils. The Mid-Door group may have a softball game. Weborg noted that Mittermann did a
good job cleaning up the back of the station with bugs. They're working on the budget for 2006.
Burton moved to adjourn; Nelson seconded. The meeting adjourned at 10:15 PM.
Village of Ephraim
October 10, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson, Sue Sherman
ALSO PRESENT: Fire Chief Niles Weborg, Wastewater Committee Chair Karen McMurtry, Village
Administrator/Clerk Diane Kirkland, Treasurer/Zoning Nancy Goss
CALL TO ORDER
President Paul Burton called the meeting to order at 7: 03 PM.
CHANGES IN AGENDA
Kirkland asked to move “Hall Rental” to November meeting; she hasn't heard results on her inquiry yet. Burton
said we should move Ephraim Yacht Club up in the agenda since the principals are here.
Nelson moved to accept the September minutes as submitted; Paulson seconded. All ayes.
Walt Fisher wanted to comment about the Ephraim Library on the agenda when we get to it.
Since Niles Weborg was not present yet, Burton moved to the next subject in line:
Ephraim Yacht Club Dock Approval. George Carey asked Nelson if John Cox or Keith Lindstrand gave an
update. Kirkland said they have given new plans but the pier is now at a slightly different angle. Carey said
they voted that the Board proceeds with the plan. The angle change came about because it's a 20- foot dock
instead of the original at 30 feet; also, the new dock is moved 10 feet to the north, giving more of an angle. It
provides more protection. It's a 3-degree angle difference (30 degrees versus 27 degrees). Kirkland noted the
report on wave reflection and attenuation, which looks fine. Carey said the negative effects of the waves
deflecting toward Anderson Dock were answered in the study. Burton asked for concerns from the Board; there
were none. Nelson moved
to approve the amended Ephraim Yacht Club Dock Approval permit and list as presented. Sherman
seconded. All ayes.
Fire Chief's Report. Weborg arrived. Weborg said his trip to Maryland for the firefighters was rewarding.
They have training for firefighters at the academy nearby, and that area is the headquarters fo r FEMA and
Homeland Security. Brown's FEMA replacement was there and the Secretary for Homeland Security was
keynote speaker. There were 46 bagpipers and hundreds in the color guard. Family participation and
firefighters was around 2,000. There was a Saturday night candlelight vigil for two hours. There are about 100
downed firefighters per year; about 80% are heart attacks. He met with other fathers who've lost sons. Some of
Bill Weborg’s benefits issues are being worked out; the State has to instit ute legislation to match the Federal,
which is covering it.
Weborg noted recent activity: a car fire on 42 in North Ephraim, Village employee Patrick Johnson’s an
encounter with a ceiling fan resulting in 40 stitches. Chambers Island had a medical emergency. A young jet
ski victim was also found on Chambers Island. Weborg reported that the Fire Department is working on the
First Responder Agreement. Kirkland sent out the copy from Fish Creek to everyone; they're meeting next
Monday about the airport, and the First Responder Agreement will be on the agenda then. Kirkland didn't see
any problems right off.
Plant Manager's Report. Karen McMurtry went through the Plant Manager's Report. Quality Control
numbers look good compared to last year. Water Lab tests are up. Wastewater has gone through a preliminary
budget and is fine-tuning it. There are still balances outstanding that are to be listed in these Board minutes:
E. Tailer, The Summer Kitchen, Gallery in a Garden/Blue Dolphin, Amie Kissel, Carol Gresko Lyons, Chef’s
Hat, Paul & Judy Flottman, Kim Olson, Adlai Hardin…these delinquencies are as of last Thursday. The total is
$9,620.85, of which $3,772.60 is one period late.
The VFD (Variable Frequency Drive) has been replaced, so they hope for no problems. There may be a
corrosion problem on the wet well door because it has no seal. They'll get the seal soon. Everything else is
moving well; no sewer incidents. There were some repairs and maintenance. The Sulfa Clear for odor control
wasn’t an improvement, so they're sticking with Bioxide. Potassium permanganate was the first option,
Kirkland recalled; why did they change? McMurtry said they share a load of Bioxide with another municipality
to make it cheaper.
She reported that Don and Brad came back from the WWOA convention with good ideas. Alberts took a
mandatory Septage Hauler class and one from Wisconsin Public Service.
Bills to be Paid. Kirkland heard from Scott Brosteau re Advance Construction; they want to pay the retainer
of $5,000, and Alberts had given the go-ahead since Advance has done the job. Burton said that will complete
payment for the entire work by Advance. EPI still needs to fix things in the lift station…no bill from them.
The Board looked at bills; Burton noted the $2,000 to the assessor. Kirkland said his payments are spread out to
include revaluation rather than a spike when a reval is needed. The Fire Department is still getting retrofitting
on tailpipes; they have to be raised for proper clearance on the exhaust system. Then Diane can send in the bills
for the grant reimbursement. Weborg has been happy with the system.
Burton moved to pay the bills as submitted. Nelson seconded. All ayes.
Year-to-date figures look on schedule, Burton noted. Under Income, Burton asked about Miscellaneous Income
so high--Kirkland said that includes the sale of the fire van. Burton asked how much Village insurance will
increase; Goss said it'll go up 8% for health, which isn't bad. The County self- insures, and it's up 22%. Re:
Liability and property insurance, Goss has gotten another quote; the new company would bring a cost savings of
$3,000. Property insurance will also go down, plus the Worker's Comp has dropped from 1.33 to 1.03 this year;
e.g., $3,000. The only increase that Goss knows of is health insurance, which is modest; 8.1% for a family and
7.9% for a single policy.
Treasurer's Report. Goss said we are still waiting for Clean Water Funds money and it hasn't come in yet,
about $20,000. All Wastewater and Capital Reserve funds are squared away. Burton moved
to approve the Treasurer’s Report as presented.
Nelson seconded. All ayes.
Burton wanted recognize Paige Funkhauser from The Advocate in the visitors section: Her article about Bill
Weborg and his loss received national recognition, Honorable Mention.
Ephraim Library - Recommendation re: Closure. Nancy Christofferson told Kirkland that the County
recommended to the Library Board that they close Ephraim's library. She hadn't been able to find out figures
re: money saved or alternatives (e.g., closing libraries one or two weeks a year instead, which would be a loss of
income for librarians). She didn't know why the decision was made; per capita, our circulation is the same as
Fish Creek. We were the first library up here; we send $969,000 to the County as tax dollars, so why should we
have to cut services and no one else? Christofferson and Jane Olson are at the meeting tonight. Kirkland spoke
to Merrell Runquist, who said they had a $1 million deficit they had to take care of; in 2006, cutting Ephraim’s
library it would save $14,500 (for the six months after the closing with the proper closing notice) and in 2007,
$35,000. Burton said the County is in difficulty, and something has to go; programs will have to be cut. Can
we develop a cost-sharing plan with the County and the library group to continue to operate the library and have
users pay some kind of fee as well as visitors? The Village could chip in a token amount. From their
standpoint, Sister Bay’s library is close and bigger; we were asked to participate in its building but chose not to.
Fish Creek is also close. We're caught in the middle. It's hard to justify $35,000 a year to maintain it. He's
hoping for a decision that's the middle ground.
Weborg asked what the $35,000 consists of. Kirkland said it's salaries, purchase of books, computers, Internet
connections, furnishings, etc. The Village provides phone lines, utilities, janitorial, the building itself. Burton
asked how the rest of the Board felt; Sherman said there should be a compromise that perhaps each library cut
its hours. Burton noted that Ephraim’s library hours are so irregular. Christofferson had suggested all closing
during Spring Break or each on different weeks.
In general, there will be fewer services due to cost cutting; which do we do without? Kirkland noted that in the
Smart Growth questionnaire, some people use the library a lot but many don't use it at all. Nelson said his
daughters use the library regularly. We have to go to other towns for gas and groceries because Ephraim has
neither, and he allows that services will get cut. But it doesn't mean Ephraim can't have a library. Nelson said
even one day a week in the winter would be better than nothing. It's one of the few community things the
Village still has, and he'd like to keep it. Could we raise some with Friends of Ephraim Library organization or
user fees? Kirkland noted that other libraries (in resort areas, such as Florida) charge a fee for out-of-towners; a
reasonable fee would help, Nelson felt. Burton and Goss explained that the County system allows you to order
books from other libraries in the system; we'd lose that function if we went it alone.
Walt Fisher felt the library was a partnership between the Library Board and Village. He's disappointed there
hasn't been dialogue between the County and Village before this announcement was made; there hasn't been
communication. The County Finance Committee is the only one discussing it, and he understands their
number-crunching perspective. The Advocate said of all the other things they're cutting, the Ephraim Library
saved the least. He would hope that the Village Board would take the view that it's one of the things that makes
up the fabric of the Village. When summer people come back in May, they'll realize that it's gone and they
didn't have input. Can't we have time for communication and some creative solutions? He lived in a different
community with a neighborhood library, but residents rallied and were able to save it. Now, 20 years later, it's a
vital neighborhood library. If we allow our library to close now, there'll never be a library here again.
Sherman asked about a “Save the Library” campaign; is it too late? Burton asked about having a meeting with
the County Finance Committee to try to discuss it creatively? Burton will talk to Merrell Runquist. Tank
Sholem noted that fuel prices are up, and many people are combining trips and it would be a hardship. If there's
less usage, we need to promote it better; as long as there are youngsters in the community, they should grow up
with a library in their lives. While funds have to be allocated, he felt the library is a priority and creativity is
needed. Burton will also call Kari Anderson, Chair of the Library Board.
Tennis - Season Pass? Kirkland explained that we have a dock seasonal pass for residents; should we have a
tennis season pass? Some taxpayers complain about the user fee of $5, but should it be seasonal? Nelson said it
sounds like an obvious idea. Cox said a seasonal launch pass is $30 and is registered to the taxpayer. Weborg
said there's a problem with priority; if you have a seasonal pass, do you have priority? Tennis takes longer than
launching a boat. Nelson and Sherman felt it still would have to be by reservation but have a time limit on the
reservation. The idea was discussed: Who has rights to the seasonal pass? Individuals? Families?” It's
different with a boat. Burton asked if the Board believed in the concept. The sense is “yes” but how do we
Sherman felt whoever has the reservation needs to be playing. Kirkland said you don't have to make a
reservation to play, but if you have one, you get priority; there's a sign stating that. Can Visitor Center
employees monitor it? If someone wants to use a resident season pass, they have to make a reservation; if a
friend uses it and there's proof of misuse, perhaps you could lose your pass for a year. There have to be
Nelson is in favor of a concept for a season pass; if it becomes cumbersome to make it work, then it can be
given up and it's back to $5 hour for everyone. Kirkland said YTD on court fees is just shy of $1,000 this year.
Cox noted that at the school, a club maintains the courts. That group has a reservation every Thursday morning
set aside for them. The rest of the time it's open to the public. Nelson said Jim Gelhaar proposed that at one
point, but it included keeping the third court. Cox said we maintain parks and streets for everybody; he feels it
should be treated like playground equipment. Burton reminded that the courts need resurfacing every six years,
it costs thousands; he felt the income should be set aside as a Capital Reserve for that purpose and Kirkland said
this could be done.
Kirkland said there might be more playing if they can get a season fee. Burton said maybe you can get a season
pass with property owners getting a break; non-property owners' pass would be more money, but all by
reservation. Burton asked the Board to ponder it.
Update on Harborside – Engineering Recommendations/Landscape Designer Participation. Bill Schuster
has given Diane some ideas on engineers for the drainage; suggested we get separate price quote for the lighting
plan, parking layout/configuration. It would be less than we’d need to go out for formal bid, so Kirkland will
send out the information we have on the drainage basin from the Christoffersons’ drainage plan, which will help
the engineers determine what our basin needs to be. Shall we invited Dennis Beuttner (Bill Calkins’ suggestion
re landscape designer) to give us a proposal for the final touches once the 2006 basics are done? Consensus was
Brilliant Cities Update. BC met with Northern Door communities at the Economic Development Council
office last week. Egg Harbor, Sister Bay, Jacksonport, Sevastapol, Ephraim were there. Sturgeon Bay’s and
Egg Harbors’ agreements are both about to be signed. Sister Bay's was a complex one; Kalny is looking at it re:
liability issues. BC reminded the group that only franchise agreement is for cable TV because it's not a two-
way communication…there is no agreement needed for the internet or phone. They sent Kirkland some
definitions to include. How the main cable will go up to 42 and 57, with a similar “hut” to Verizon’s on this
property - that's a hub, then it goes out to transformers on ground or on poles; they'll go underground where it
already is, etc. They're going by the plant mile descriptions that Charter had done, but they will provide to
those outside of that density, which Charter would not--but it will cost users something to hook up. They may
waive connection fees for certain packages: better cable contract, all three services, etc.
Pricing will be the same throughout the county; they'll know exact figures 120 days in advance. They were
hoping mid-2006 for Northern Door, now it’ll be early 2007.
Charter is threatening BC not to charge a lower percent on a rebate agreement because it would be unfair. Right
now it’s 5% from Charter here, which is the max; some communities want it at 3%. It’s a pass-through charge
to the consumers but Charter felt it would be unfair advantage. Charter's argument is like a room tax; if
someone sees a room tax in the next community that's lower, they’ll go there; however, is that a valid
BC talked about public access channels; other communities provide content and programming on a rotating
basis—Sevastopol and Sturgeon Bay do quite a bit. Sevastopol was worried about sharing even more public
access programming. Kirkland felt those issues were minor. Cox asked about where we're at for Village
buildings? For cable, municipal buildings will be free. Kirkland said they haven't talked about phone service.
Nelson said that's the most important information at this point.
Burton felt we need to wait until Kalny goes through Sister Bay's agreement; whatever he finds essential, we
should go with it. Kirkland said BC was more concerned about the proposals re customer service; they felt
Sister Bay felt was trying to “run their business.” She's not sure what the clauses were that pertained to that;
however, customer service, Cox felt, is important and it should be covered.
Paul Wilson asked when the Board is going to be notified of actual physical changes; he's not happy about
another set of cables, and they might have to put in existing poles or raise poles. Do they have all easement
rights that public service has by default? Kirkland said she’d find out about that. Wilson asked if they're
treated as a public utility as far as zoning ordinances go? Kirkland said Verizon was; Burton suggested asking
Kalny. Lot of questions to be answered yet.
Kirkland took a phone call from Merrell Runquist and reported that they voted to keep the Ephraim Library for
2006; it'll be a “scattered furlough” program for libraries instead. Nelson said we have to start discussing it now
for 2007 and beyond.
DOCKS & COASTAL MANAGEMN|ENT
Projects update. Cox said they're going through the budget process and they'll meet this Thursday. The path
has been blacktopped but it needs filling in alongside, Weborg observed. Cox said he’d wait for the budget to
come to the Board, and update projects at that point. Kirkland asked if the Board wanted to set interim
meetings or just say that everyone wait until November? Burton said to wait until November; preliminary
meetings haven't seemed to work. So everyone should bring their proposals to the November 14 Board
Public Hearing: Possible Ordinance Changes re: Village Directional Signs and Design Review. There are
two items, Kirkland said. The “trial sign” for Pioneer Lane may have been better located out from the
“alleyway” between the Hall and Chef's Hat; however, the ordinance states it has to be ”at the intersections of
each Village road and Highway 42 and County Q.” Could that phrase be taken out of the ordinance to allow for
more flexibility in placement of signs? Kirkland couldn’t come up with a down side. Everyone agreed.
The ordinance also says that “accessibility and all factors...” should be considered when directional signs are
granted, so it's not a given. Kirkland said it makes it clear that not every business gets its own sign, it is a group
sign, gives further instructions on size, space, etc., and that the signs are owned by the Village. Burton
suggested just saying “factors” and take out “a single directional sign may be permitted.” The rest would be
the same, “...and each business nameplate attached thereto.” Burton asked if anyone wanted to speak against
the change. No one did. Does anyone want to speak for the change? No one did.
Back to the Board for further discussion; Sherman said the signage we have now is useless as far as directing to
businesses. Cedar Street has so many businesses, and the left side of the street, at night there's no way people
can find them. It's a major project to get it correct. The sample sign being used now for Pioneer Lane is not
attractive. Burton said the Plan Committee is going to tackle how all Village signage can be made more
attractive and guide people. Kirkland said Sister Bay's signs have fewer names for each sign; it' s hard to place
them here without obstructing views. Sherman hoped all that will be considered and that strong changes will be
Goss said it doesn’t hurt to leave flexibility in placement with this change--what type, how high, colors, size—
all that is up in the air, but flexibility on placement is good. Cox has no problem per se with this issue but more
with costs of new signs. It should be the Board's decision; Kirkland the Board would be the applicant, Plan
Committee could recommend. Cox felt before the Plan Committee makes decisions, we need to know costs
involved. Burton he would like to see at least two alternatives as well as the costs for them.
Kirkland asked Sherman if the businesses want these signs even though they're not that useful? Or could the
Village just take them down? Sherman said it has been an issue with Village Green; however, she still feels
there should be something there. She wouldn't object as a business owner about having to pay toward a sign if
it would actually direct people to their business. Kirkland noted that when an extensive change was made to
new signs, the Village paid the cost of the signs; after the change was made, any new businesses had to chip in
for their own portion of the sign.
Cox said it has to be the right decision and for the long term. Nelson said even if it stands out, such as a larger
sign or color instead of white. Cox suggested reflective lettering that could be seen at night. Kirkland has
researched some sign companies on the Internet, but she has been unable to find a lot of strip sign examples.
Nelson and Cox noted the uniformity of State signs (blue and standardized). Burton said the Plan Committee
and Board would keep at it.
to accept the change to remove the statement in the ordinance: “at the intersections of each Village Road
with State Hwy 42 and County Hwy Q.”
Paulson seconded. All ayes.
Design Review. The suggestion is to take out the wording “or economically impractical.” Who gets to say it's
economically practical? Sherman moved
to remove the statement “or economically impractical.”
Burton seconded. No further discussion. All ayes.
Administrator/Clerk Report. Kirkland included the report in Board packets. She noted in particular that the
Lardieres hadn't heard about a safety issue with their sprinklers, but they did note that there are people walking
up and down the highway and shouldn't the Board be more worried about walking path safety? They said they
wouldn't mind a sidewalk across their property if the Board went that direction for safety purposes.
Airport Hangar/Airport Lease. Todd Voeks said he had a buyer for his airport hangar for $40,000. The
Board had no problem making a decision. Nelson moved
to waive the right to purchase Voeks’ hangar as the “first refusal” requirement.
Sherman seconded. All ayes.
Airport Lease/Hangar Lease. Greg Socks from Auburn, Alabama, wants to lease a hangar space at the
airport. Kirkland has the lease. Burton moved
to approve Greg Socks’ airport hangar lease.
Nelson seconded. All ayes.
Impact Fee Ordinance – Needs Assessment, Potential Revenues. Last month, Kirkland asked about
rescinding the Impact Fee Ordinance; it was decided it needed a reassessment of it rather than rescission, with
potential revenues. Kirkland put together a possible assessment, including underground wiring around the
Visitor's Center ($44,000), which was on the original plan, then an overall impact fee on the new pumper (a
balance of $70,000 still needed beyond cap reserves), a sub-area impact with a North End park, restrooms,
parking…also on the original plan
The problem with any of these, Kirkland said, is that our original idea for growth didn't happen, so with every
project, you have to look at the number of properties capable of improvement/construction; 82% are already
improved, so only 18% of project cost can be assessed back, then it's broken up by a best-guess on the potential
of residences, shops, number of units, etc. She projected that, e.g., underground wiring would get back only
$3,600 back from new beneficiaries. You collect the fee at the same time as the building permit fee, but it has
to go in a separate account; if you don't spent it or spend less, you have to pay back eve ryone who paid into it.
For the pumper, we can assess back only $12,600. She felt if we were a booming and growing community, it
might be worth it; even Liberty Grove, which has a lot of available space, looked at legal ramifications and the
problems, etc., and didn’t implement an Impact Fee. And once you commit, you have to do the projects
because you're collecting fees…or turn them back to those who’ve paid in.
All Board members agreed that it was too much trouble. Weborg still felt it was important to have an impact
fee; he didn't feel people should ride on coattails. Cox said he doesn't necessarily disagree, but he rode on
Kirkland noted you can't use Impact Fees for correction of a current detriment; it has to be infrastructure that
pertains to future growth (e.g., you can't resurface roads, you can only use them to put in new roads that will be
servicing a new subdivision, for instance). Nelson wanted to make sure that new people coming in are paying
their fair share to take advantage of infrastructure. Kirkland said there are TIF district taxes for areas benefiting
from new infrastructure, but you could also raise building permit fees to cover costs. Nelson felt we’re make
ourselves more and more exclusive and didn’t want to see those fees raised.
Administrator/Clerk Report. Goss discussed the seminar she attended in Green Bay. The Great Arc
Initiative focused on Niagara Escarpment. Three of the speakers were from Ontario, Canada. There's a
peninsula in Ontario, the Bruce Peninsula, that's a mirror image of Door County. The two peninsulas form an
arc that's a continent-sized feature of the Niagara Escarpment. The push is to try to preserve this arc. Ontario
began protective measures in 1985; they didn't have hard and strict rules; instead, they developed a following of
preservationists. Ordinances there are now in place and she’s going to get a copy. They look at it differently
than just setbacks; they divided escarpment into zones. Escarpment Zone 1 may be 75 feet and development is
severely limited; the father away, Zone 2 or 3, the more development possibilities open up.
She asked a professor from Ontario what Ephraim might be able to do; since their goal is to join the arc mile by
mile. Goss would like to see Ephraim to look at raising awareness and education on the escarpment and do
some creative thinking to see about being ready when they come with their ideas. Burton said the State has
begun to pay more attention and has done analysis, as has Door County such as Ellison Bay buying escarpment
land and trails along the escarpment. Goss sees more development pressure on the escarpment. Kirkland said
there are no bluff setback regulations now; we only have tree cutting ordinances. Burton clarified that only the
western shoreline of Door County is the escarpment. We don't want to be like Egg Harbor with condos on the
bluff, although Eames Farm was brought up as a good example: There are houses, but you can't see many of
them. Burton felt we'll hear more and more about it, and rightly so.
Board of Appeals Fee Update. Kirkland said the question was how much Sister Bay charges for Board of
Appeals; they also charge $300. Nancy said they also have corporate counsel on staff, so they don't have to pay
extra for that. Nelson asked if we can somehow relate our attorney fees to Board of Appeals cases with any
historical records, so we could include some kind of average and ameliorate the loss. Can we look back and
figure out how many hours’ attorney fees are Board of Appeals for, say, the last three years? Kirkland said we
usually don’t have an attorney unless it's a difficult case. Burton noted that Kalny is about $150/hour. Goss
said some municipalities mentioned a standard fee but the applicant signs a form and are charged one-on- one
for legal, above and beyond the fee. Kirkland said if he just gives legal advice on a case (“Is something
appealable?”), it's a couple hours; more if there's travel time, actual appearances, etc. We’ve even had court
reporters. Nelson would like to see an average as a place to start. He doesn't want to preempt appeals, but we
should charge a reasonable amount.
Paulson noted that the attorney is used to defend our ordinances. The attorney, Kirkland said, it's more about
doing the procedure correctly, not really advice about turning it down or granting an appeal. Paulson said then
for sure it’s not related to the applicant; it's related to the Village. If an appellant is charged for anything, it
should be direct costs related to the process, not the cost of an attorney. Burton said they're appealing an
interpretation of application of an ordinance on part of the Village, protesting it. How much should one pay for
that protest and the people who have to consider that protest? Paulson agreed, but again not on attorney fees.
The attorney is our choice and for our benefit. Burton would like to know what was spent over the last 10 years
on each case, what money was expended. How does it trend out? Then we can make a decision.
Cox doesn't agree that everything's a protest; some people are looking for relief from a rule in hardship cases.
Cox remembered they'd talked about a deposit, but not banking money so we can save money down the road on
a bigger case. Nelson proposes the same principal as the $300 fee; use the average amount of time and
resources into the administration of an appeal, staff time, etc., but not attorney time: just postage, paperwork,
phone calls. He would like to look at the long-term record and try to cover our cost. Burton appeals for more
information and a recommendation from Goss and Kirkland.
Steve Eatough Subdivision Approval. Goss said the information sent it packets included the first two pieces
split out in August 2005 via the survey. Now Eatough has decided to split out the other three pieces, 2 acres per
lot, which triggered the subdivision ordinance. Plan Committee, at the end of September, saw a preliminary
plat; there was only one dissenting Liberty Grove resident (a neighbor). Burton has seen this - the Plan
Committee voted in support of it.
Eatough has provided all details about tree planting and other restrictions. He doesn’t want any buildings seen
from Town Line Drive - he's planted trees. The neighbors won't be able to see homes. He wouldn’t want to see
residential concentration in the Village; he'd rather have it with less density inland. He feels Village condos,
etc, are “out of scale” with the natural surroundings and said he plans to be a good steward of the property. He
has been working with Weborg on fire truck turnaround needs. All utilities are underground, there'll probably
be sewer down Townline at some point, and a 50- foot easement will allow for that. Right now, there are mound
systems. He hopes these will be family or summer people home sites in an affordable range. There's a lack of
young people, and he wants to fight against that.
Sherman approved of his following the ordinances first instead of getting forgiveness later. Burton has no
problem with it. Cox moved
to accept Steve Eatough’s subdivision plans as presented.
Sherman seconded. Nelson was glad to hear about sewer hookups; he asked if mound systems are old or
abandoned, would they have to be rebuilt on an alternate site? Eatough said a mound system could be rebuilt on
the same site; he will double-check. It was discussed that electric lines may be in jeopardy if sewer was put in
later; they should be separated enough from any possible sewer lane, even though “cutting” would probably be
done instead of “blasting.” Eatough appreciated the advice and will find out how electric can be placed so it
could look ahead to sewer. Burton called the question. All ayes.
Burton noted that one letter discussed some plants in the wetlands that need to be removed. There's also a reed
growing in the harbor; it should be bundled and gotten rid of. Nelson felt that it had been cut a year ago in one
section and not grown back. Burton will look at it.
Burton noted that the Metro One property is for sale. They want $160,000. Burton told the real estate agent
that the Village wasn't interested. The ex-wife owns the building property, but the ex-husband owns the shore
side; Cox said it's bisected by a public right-of-way, so it's automatically split, even if it's just one tax parcel.
Weborg said the school is going through Fire Prevention Week. The fire departments have banded together and
are doing a calendar to defray costs. There's a fire trailer coming in for November/December, having the kids
crawl through simulated smoke. Nelson asked if you use peanut oil for the smoke; there are kids allergic to
peanuts. Weborg said it has been done for a long time; it's a smoke- maker that isn’ t toxic.
MOTION TO ADJOURN
Nelson moved to adjourn; Cox seconded. All ayes. Adjourned at 9:45 PM.
Joint Ephraim-Gibraltar Board Meeting
October 17, 2005
PRESENT FROM GIBRALTAR: MERRELL RUNQUIST, DICK SKARE, MYRV SOMERHALDER,
PRESENT FROM EPHRAIM: SUE SHERMAN
ABSENT: JIM JAUQUET, Gibraltar; PAUL BURTON, TIM NELSON, MARC PAULSON, JOHN COX,
OTHERS PRESENT: DIANE KIRKLAND, Clerk; DOUG SCHULTZ, Ephraim;
DAN STAHL, Gibraltar Fire Chief; SHARON KELLNER, BETH HAGEN, Gibraltar; PETE NEWKIRK from
Meeting called to order at 7 p.m. by Clerk Diane Kirkland, who asked for motion for a chair for tonight's
meeting in Paul Burton's absence. Dick Skare moves that Merrell Runquist chair; seconded by Sue
Sherman, all ayes.
Merrill noted who is here at the meeting per above - motion by Merkel, second Somerhalder to adopt agenda,
all ayes. Any visitor comments? None.
Ephraim-Gibraltar Airport Budget
Copy of the budget for 2006 was given out. Noted by Kirkland that the income side is absent. There is a
column for 2005 and 2006 for outlay. They haven't gotten revenue in yet, Myrv said. Sherry Kellner said it's
$45,000-47,000 as of September 15 to date. Kirkland said usually there would be a delineation of income
expected so we'll see where we might fall short. Myrv said they figured projected income might be about the
same, but a little more because they'll have ne w hangars. There's a mystery as far as fuel, Merkel said, with the
gas prices. Average the gallons, Skare said, and estimate it.
Myrv said there's a markup of 50 cents per gallon...they put the price compared with other airports (and may go
up to 60 cents). New hangar owners aren't necessarily buying the gas from them; they may prepay somewhere
else and maybe just top it off here. Pete Newkirk said the 10% discount is based on Ephraim that are based on
Ephraim-- if they prepay 500 gallons, they'd get the discount. Most are not buying now because they can buy it
cheaper somewhere else. The hometown customers have left. Sue Sherman said people have to expect to
support the airport. Pete said we might have lost $2,000 in profit last year.
Fuel is shown at $28,000 in expense this year....that would be about 10-16,000 gallons, Myrv said...but at
$3/gallon that would be $48,000, Merkel noted. We don't want to have to have a special meeting to change the
budget...is $28,000 enough? Perhaps use $3.25/gallon and raise the budget for 2006.
Are we seeing fewer planes because of cost of fuel? The Harbor Commission has seen a decline in gallons sold
this year, Merkel said. Yes, there have been fewer planes. Decided to put in an estimate of 12,000 gallons at
$3.25. Average markup of 55 cents per gallon should go on the income side...gross revenue would be $45,600
at $3.80 sale price.
Income categories would include tie-downs, car rentals, car parking, hangar leases, soda, oil, Charter fees. Beth
Hagen left the meeting to get the income figures YTD.
Maintenance includes runway light replacements, building maintenance, grass-cutting, snowplowing. We'd be
able to eliminate County work and Town work for plowing with the new plow? The runway, tie-down area and
between the hangars will be able to be done by this plow, which may arrive in December. We don't know the
time it will take for personnel or training time/costs. Wouldn't an expensive piece of equipment come with
training with no cost, Kirkland asked?
How much was snowplowing last year? DCHC was $1840 in 2004 for all. We will wait until Beth Hagen
comes back with the YTD budgets.
Unisex bathroom is being required by the State. It will be included in the grant under the maintenance building.
And there’s the sanitary system and the well. Would that part be 95% funded? Myrv said last they'd heard that
it would be. Kirkland said the Sept 29 Airport minutes show that a "hybrid building" would be required to have
a full-time employee...this maintenance building would not be a hybrid building? Washington Island has
bathrooms in their maintenance building and it's not considered a hybrid. Will they pay for the separate
construction of the office? Myrv not certain. What about the cost so we can figure out how much we would
need to budget?
Brian asked Danny Stahl if they talked about a high-capacity well for firefighting. Not advisable to put one in,
Stahl said. The bathroom has to have state-approved plans, Stahl noted. We should be looking at the list from
the State as to what they are requiring of us. Myrv said the State required Washington Island to do certain
things. Emil Jensen's order doesn't say anything other than it has to be per Comm 2902.1, Kirkland said.
If the cost is over $150,000, the construction will go into 2007, Myrv said. What's the base cost of the
maintenance building? Myrv didn't know, he said the State will tell us when we get to $150,000. Who designs
the building, Skare asked--the State? The town/village could bid out the contractors for everything, Myrv said.
Kirkland asked if the ground perks? Probably not, we’re not certain--but figure $15,000 for whatever system is
required, $5,000 for a well, $12,000 for a bathroom? Will we need the 5% in 2006 or 2007, Skare noted is the
question at hand.
Is there a rough drawing, Merkel asked? Myrv would like to see what size maintenance building we can get
first. They've discussed 48x60, 60x60. The snowplow will need a 16' wide door and it's long.... a 50x50 hangar
was $90,000 to construct recently. Do we need a ventilation system for the machinery? Yes, but the grant will
cover it.... $25,000-30,000. The building comes out to $40 sq. foot, Skare said, using the example of the
hangar.... 60x60 could be $144,000 therefore. Adding in the ventilation, $12,000 for bathroom, $25,000 for
well/septic, it’s $212,000 so far, so that would kick it over to 2007 for construction. We'll have to get State-
approvable plans done if we do the bidding...otherwise the State will take a rough sketch and bid it out, etc.
Skare feels we should have control of that rather than the State.
Somerhalder said the building doesn't need to be heated, but the bathrooms and office would need to be
heated...Merkel sugge sted some kind of heat source in the main building to thaw out the snow tractor from time
to time. Kirkland asked again if that would be a hybrid building if we have all three functions in it. The
office/restroom would need to be handicap accessible; perhaps even currently we would have to do something
with the office to make it accessible, although Colin Dahl’s letter noted Emil Jensen at the State is still
researching lessening the requirements.
Current office is 12x18 but not quite big enough; perhaps 10x20 for a new office? With the bathrooms too
you'd have 3,300 square feet left for storage. Merkel said he'd be willing to support a 60x60 if it's justified.
Gibraltar Fire Department requested to store some foam up there, it wouldn’t take a lot of space. Would the
maintenance of the building increase with size increase? Probably not. Would the increase in size make a
difference in the cost re trusses, cubic square feet making a difference in State costs? Skare said that he figures
we'd each have to put in $6250 for what we're talking about up there—all costs—at a 95/5 grant.
Is the State going to make us put the fuel truck inside? It can't be stored inside, Stahl said, unless it's in a
separate building. Motion by Merkel
to support the grant application for a 60x60 building to be drawn with design
for space for office and unisex restroom.
Motion amended "to include septic and a well" by Merkel, seconded by Skare, all ayes to the amended motion.
Merrell asked if we have space for setbacks, etc? Myrv thinks so.
Mryv said they want to add a cyclone fence to the southerly property line, parallel to the car parking south,
about 640'. There would be a gate, the fence would continue around between the maintenance building and the
car parking. The gate would have a key or keypad or button that the hangar owners would have. It would
channel people to the maintenance building/office. Runquist asked if this would wildlife's pattern of movement
and channel deer onto the runways? What is the cost of the fence? Myrv doesn't know, he'd have to check with
the State. It would be about 5 to 5-1/2' high, about 850' linear feet, green vinyl.
Why not go after Homeland Security grant, Brian Merkel asked? It'd be 100% paid for but they would require
the whole airport...we'd be low priority on their list, too. There been a problem with cars wandering out on the
airport endangering the planes, etc. That would be at the 5% grant, $500 each.
Motion by Dick Skare
to add on the fence at $18-20,000 funded at 95%; adding a pedestrian gate.
Seconded by Myrv Somerhalder. All ayes.
Back to the budget... Beth had returned with the figures and noted that the first two pages are a January-Sept 15
recount of revenues, total of $46,462.55 to that date.
There is also an expense sheet of $45,790 with another $10,850 projected to year-end for a total of $57,740.90
projected for 2005.
Kirkland had asked at the last meeting about 8 people working there. Do they pay unemployment, does it work
well with so many working there? The pay rate is the same, Myrv said, and it's about $18,000 for manpower
all year. Bill Heath was making $16,000-17,000 a year when he did it all alone as an FBO, so it hasn't gone up
much in 4 years.
Maintenance is being budgeted at $2,000 more than expenditures this year (only spending $2500 projected for
2005). Can this be cut to $2,500? Myrv says yes. Myrv said WPS should be the same; Kirkland noted they're
looking for a 17% increase next year, so Merkel suggested $2,200.
Insurance should be about the same, so drop the $5,000 budget to $4,500. Miscellaneous the same, wages the
same, fuel truck repairs budgeted at $2,000? It's about $1,000/year for maintenance, Myrv said.
Airport Grant had a budget of $5,000 for Gibraltar's portion, but it was less than that at $2,121 this year. Would
we zero out for grant in 2006 because we know we'll exceed the $150,000 and therefore budgeted for 2006?
Yes. Telephone stays at $1,700. Seal coating -0- for 2006 although we never know until May if we have to fill
cracks. Myrv said. Myrv doesn't feel there's a grant out there for it. Discussed to budget $1,500 for routine
Why the rise in budget for excise fuel tax from $300 currently spent to $650? Hagen explained there is a
payment that's still due that will be about $600 total for 2005. Decided to put $720 in there based on gallons
Portable toilets projected at $850, $200 more than this year, a 50% increase. Merrell would like to see it cut to
$700. Merkel noted it was $910 in 2003 but Sharon said they were pumping it more often than needed after the
main season and it wasn’t caught in time that they should have reduced their maintenance. Office supplies
would be $1500 - including a computer or cash register? Noted that this year they were only at $480. There are
credit card fees included in supplies, $300 for audit. Cut it to $1,300 for 2006.
Payroll expenses are Social Security (this year $1,100). The $1,500 would be accurate for next year's budget
for salaries. We'd put $39,000 in for fuel per previous discussions. Merrell calculated $77,980 for
expenditures. A computer is being asked for – used basically for weather updates, Pete said. You can get a
good Dell for well under $1,000, Sherman noted. Decided to put in $800, which would include a printer. The
tetrahedron is a wind-direction device--there may be one available at the State, Myrv said, through government
surplus. So we can take that off the request--new they'd be $12-15,000. Why did they have $4,000 in the
budget? We're not sure what a used one would cost, Myrv said. We have a wind sock now that will be replaced
by someone who's willing to pay for it. It serves the purpose right now, Pete said. Take out the tetrahedron
from the budget. So it's $78,780 with the computer, Merrell said.
On the income side...we have a YTD through September only. The hangar leases will be billed out for the new
leases signed this year, prorated by when the leases were signed. The lease income by year's end should be
$6,600, Sharon & Beth noted. We will have more hangars next year so perhaps we could consider $9,000 for
2006. Fuel and airport parking, rental should be about the same as what we have now.
Village shortfall was not paid this year, Sue Sherman noted, and that’s shown as income on the sheet. Beth said
they do it on an accrual basis, so their computer shows it when it’s billed, not paid. Ephraim didn't want to pay
it because we were unaware there might be a shortfall at all and were surprised by the bill - we should be able to
find by October, as we see here, whether we should both be budgeting for a shortfall at the start of the year to be
paid, Kirkland said. Did Gibraltar pay a portion of the shortfall? That's not noted on here, Sherman said. They
pay the bills as it goes along from their checking account, Merrell stated, so they are picking up their half of
shortfall automatically. Sherman said that was Ephraim's concern - if you have a business operating that
negatively, you can't just go to someone to recover the expenses.... is it going to get worse?
Kirkland had noted that the Business Council did a silent auction and fish boil and raised $7,000 in one
weekend. They are restricted against fundraising because of holding to a minimum amount of traffic, Pete said.
He said it hasn't been encouraged to generate air traffic with any events. Merrell Runquist didn't remember
hearing anything about this kind of fundraisers. Pete said fly- in breakfasts raise a lot of mo ney. There was a
committee formed (noted that it is not a part of our government) that was looking for ideas. Flight instructor on
site could be an income, paying a rental fee for using our airport. Banner- flying? Could sell t-shirts in addition
to the hats they sell. Can't use a landing fee because of Federal money on the grants.
Are the fees we charge about the same as surrounding? Skare said we should find out for sure. Pete says we
charge $5 tie-down, $8 overnight. They try to enforce tie-down fees, Pete said. Doug Schultz asked how the
fees are set. Myrv said they raise them a bit each year. Myrv said there is information gathered and they try to
remain competitive. Pete said we're probably higher than most airports of our size.
Is there a formula for hangar-lease prices, Merkel asked? Myrv said the State has a survey and they charge the
highest per-square foot, 22 cents per square foot per year. Considering the cost of property values.... and the
airport operations maintain the driveways, the plowing, grass-cutting, etc., Merkel said. Are we keeping up our
costs for that service? Myrv noted they are involved with Federal grants so can't overcharge.
Income vs. expenses $6,677 deficit for 2006 projected according to the proposed budge t. What about our 2005
shortfall? Merrell doesn't feel Ephraim could not pay it - we'd always said we'd split the deficits. Kirkland said
she could ask the Board again; they were mostly irritated that they didn't know in advance there'd be a shortfall.
She mentioned that Liberty Grove almost joined us to help pay but got some flak from loud citizens and have
dropped the idea.
Kirkland noted that there was a mixed revue in the Ephraim Board - they realize it's good for the economy and
we need the airport, but it's a very narrow community that uses the airport, similar to Docks, and shouldn’t be
shouldered by the general taxpayer.
There was discussion re having gas inventory left at the start of the year and the end; depends on when you
purchase gas and sell it how the profit falls.
Sharon will redo the projected revenues and expenses, look at anticipated shortfall. Sue Sherman said this
year's shortfall wasn't made clear as to how it came about as such a large figure--it kind of came out of left field.
That could help. Why don't we see the budgets? Kirkland said it's partially the fact that the Airport is in
Gibraltar and they handle the finances, so we’d assumed the budget was presented to Gibraltar – we’ve never
had it sent to us - but we should be seeing the figures. Noted that fundraising could be done as well. Merrell has
no tolerance for people with a $100,000 plane who can't pay $8 for a tie-down.
Doug Schultz said he's not an airplane owner but he's interested in it - a friend who knows Phil Saperstein asked
if Doug wanted to know more about it. He didn't think Ephraim was being well represented so he dug around to
the history and looked at the 1944 documents and read up on it. It was set up as a 50/50 deal between Ephraim
and Gibraltar with equal representation. Back then the charge to the commission was to maintain a break-even
operation, which continued until he couldn't find many records in more recent years. He looked on the Internet
on the Ephraim website and found an Airport Operations ordinance. It says it should be a 3-person commission.
That was when we had a fixed base operator, Myrv said. One is noted in the ordinance, Schultz said. When the
airport was originally formed, there were to be 6 members on the commission.
Schultz said that the commission is to meet at the airport each quarter to discuss matters and establish an airport
accounting system. We have that, Merrell said. Schultz suggested that should be made available to Ephraim on
a monthly basis. Do the Airport Commission members get the information each month, something that could
come to our Board? Yes, Myrv said. Kirkland said we don't get anything from our member(s) on the
Commission; we get minutes of the meetings only.
Sharon Kellner said they took over the financial operations of the airport in 1999--before that the Airport
Commission had their own checkbook, Kirkland said, Ephraim didn’t do them previously. The document also
says that there should be an annual report in November of each year with projections, comparative figures etc.
Kirkland said before this, we've always seen the year-end figures after the fact, but not budgets.
First Responder Joint Agreement
Sharon and Diane worked on this, mostly Sharon, and had a few drafts done. It's composed very much the way
our Mid-Door Agreement was done, and the Ephraim Board seemed to feel that it would work well that way.
The $3,000 “charge” mentioned is fixed for two years - this is the amount we are currently budgeting
separately, but it would be a pooled amount.
Kirkland asked if they are doing any capital reserve saving for a new ambulance. Merrell said they pay as they
go, they have no cap reserves. There were no questions from the Ephraim Board or from Niles. Kirkland will
put the agreement on the agenda for November for Ephraim’s signature.
This can be discussed further through any Municipal Taxpayer Commission revision to a more cooperative
effort for mutual interests. Discussion about the room tax vs. Premier Resort tax, needing additional funds for
marketing of Door County to stay viable and as much of a presence as The Dells.
Sue Sherman said the Chamber is trying to look at alternatives--they have an outside consulting firm looking at
it. There was discussion of the progress of Brilliant Cities in installing fiber options in the County, and the
objections from Charter that they didn’t want to see less of a franchise percent charged as a pass-through by
Business concluded, the meeting adjourned at 9:45 upon motion by Merkel, second by Sherman, all ayes.
Diane Kirkland, Ephraim Clerk
Village of Ephraim
November 14, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson
ABSENT: Marc Paulson, Sue Sherman
ALSO PRESENT: Village Administrator/Clerk Diane Kirkland, Zoning/Treasurer Nancy Goss, Plant
Manager Dave Alberts, Wastewater Chair Karen McMurtry, Fire Chief Niles Weborg, Maintenance Mike
Mittermann and Patrick Johnson, Door County Advocate/Paige Funkhauser; Docks/Keith Lindstrand.
CALL TO ORDER
President Paul Burton called the meeting to order at 7 PM.
CHANGES IN AGENDA
Burton moved Dennis Buettner’s presentation up in the agenda. Also, Fran Burton wanted to present something
regarding Board of Appeals. Nelson wants an update on the Village sign at Hwy 42 and Hidden Spring added
under Old Business, along with the Ephraim Library. There were no other changes.
to approve the October minutes as submitted.
Cox seconded. All ayes.
Fran Burton noted that the Board will be discussing Board of Appeals and attorneys fees; she has a comment.
As a longtime member of the Appeals Board (about eight years), it's obvious that the load is substantial and
increasing. New Wisconsin Supreme Court rulings dictate that the Board have a huge paper trail, requiring
finding of facts with time and expertise. Goss spends more time than she used to on appeals, and attorney fees
have escalated greatly. She felt the standard $300 to apply to the Board of Appeals doesn't cover actual Village
costs. She felt it’s not fair to apply a flat fee raise universally, since some appeals are simple requests. However,
she learned from Goss tha t municipalities such as Port Washington charge a nonrefundable set fee plus a
substantial amount (in the thousands) that goes into an escrow account. If much work and many fees are
required, that comes out of the escrow account. It's an equitable system both for simple appeals and
complicated ones, and she felt it would cut down on frivolous appeals, and she asks the Board to consider it.
Kate Houston, also a member of the Board of the Appeals, agreed with everything said by Burton.
Dennis Buettner, Harborside Park Proposal. Buettner passed out some background materials. (He noted an
error in the description; instead of “White Gull Inn” it should be “Hillside Inn.”) He has been working on
Peninsula Players’ revamp, has worked more than 40 years in landscape architecture. He has met with Bill
Calkins and Diane Kirkland, and he feels dialogue is best and not just an edict from a designer. He felt the
Harborside property could be used as a focal point for the village and feels strongly about maintaining
architectural tradition and beauty. He suggested the park provide bicycle parking, as well as recreation, proper
storm water retention to filter runoff. Native plants should be used, four seasons of plants. It should be
configured for both daytime and evening use, and meet ADA universal access codes.
Buettner brought a large illustration of his idea. He suggests elevating the front of the site with fill. The fill—
with gravel added by the existing stone wall for drainage—would begin at the Hwy 42 stone wall and slope up
to a height of approximately four-and-a-half feet (any higher would not meet ADA codes for access). This
elevation would give a better view of the water over traffic. On the slope above the wall would be perennials
His plan shows 18 parking spots on a curve rather than at right angles. Some parking spots were eliminated for
a storm water retention or wetland area at the northwest corner, where water would collect and be naturally
purified before runoff. The hedge could be transplanted around the children's play area for safety (as well as
screen cars from highway view) and a seating area around the tree for onlookers. He has a play structure added,
along with an old rowboat or some kind of item to cover the well cap. The spruce tree would be retained; other
trees would be new. A diagonal path would cut through the site but not to the corner where Hwy 42
adjoins…and three round picnic tables in the open area.
He proposes a gazebo at the top of the mound slope to become a focal point and overlook Eagle Harbor. The
gazebo would take its inspiration from the Ephraim Moravian church steeple with an open spire that allows
light but keep out rain. A comet- like weather vane could be on top (Victorian era favorite); a Moravian star
could hang in the center of the spire. Lit at night, it would become a local landmark. A stone “seatwall” about
20” high would add seating. All the paths around the park would have no more than an 8% rise to be
handicapped accessible. There are waste receptacles in three areas. There could be additional shrub planting by
the inner stone wall as a courtesy to neighbors.
Kirkland said Buettner had been concerned about fill because of underground wiring; how much fill can be put
on top? Buettner said that most utility companies say that once a line is buried (three feet below ground), you
should not change the grade more than six inches; any underground wiring would have to be dug up and re-
buried at additional expense. However, he felt dirt is a cheap building material; you can often get it for nothing,
so any electrical expense could be offset and would be worth doing right.
Burton thanked him for the time spent, and stated he felt the park should be a showpiece. Buettner felt the
plantings on the slope will also deter children from running into it and jumping off. Nelson asked about liability
if a child goes down the hill and falls. Buettner said State building codes said a drop-off of more than two feet
requires a handrail but the stone fence isn’t that high; the plantings will be about 12 feet wide. If anyone is
injured, it'll be covered by the Village's blanket insurance policy. Kirkland likes the idea of berming it; the
Visitors Center parking lot berms shield the view of cars, as example. Burton felt it would help drainage as
well, because right now it's a low- lying area.
Buettner said that implementation would mean coordination with an engineer and preparing a preliminary cost
estimate; public funds could be used for partial payment, but private funds could be solicited for large items like
the gazebo or children's area, etc. Local garden centers may assist with plants/installation. Maintenance could
be volunteered by local businesses. He felt Wilson's might be helpful in emptying the waste containers; their
customers will be using them. Burton felt getting money for the gazebo might not be difficult.
Burton asked about a small kiosk with a map of the Village. Buettner said that would be a possibility, or the
floor of the gazebo could be a compass rose and map of Ephraim’s streets. Cox asked further about the stone
wall. Buettner said the fill would go just to the top of the wall and slope up to the gazebo, then slope down on
the other side. Some of the stone wall would be rebuilt for sight-line visibility. Cox brought up the plantings;
these plans take away lawn that could be used for sitting; if it's flowers, it becomes “unusable.” Buettner said
that could be looked at; perhaps it could be six feet deep instead of 12 feet, etc.
Cox also asked about bathroom facilities, talking about where he has a retention pond area. A small utilitarian
bathroom facility was discussed that would take the pressure off the Village Hall's bathrooms. Kirkland said
the Board didn't seem to care for the idea of restrooms; Burton said the new restrooms at the firehouse dock
should suffice. Cox said if we're going to plan ahead, where we could add them later, now's the time to do it.
He felt it should be discussed; Buildings & Grounds said the rear bathrooms at the Village Hall could be closed
permanently. Goss wouldn't want to eliminate the retention pond; she and Nelson said the back (northeast)
edge of the park would be better for eventual restrooms, by the dog run area shown. Buettner said that many
communities balk at the cost of a plumbed, winterized/winterizing facility; daily maintenance and consumables
are the true expense. Also, restroom facilities at the far corner will reduce the number of parking spaces. Cox
asked about ingress/egress plans. Buettner said all the parking spots are truly perpendicular rather than angles
(indicating one way only); a traffic study may prove it should be one way in or out, but most people prefer
multiple options and flexibility. Fran Burton raised the question of whether people would automatically know it
was a parking area; Mike Mittermann said with standard blue-with-white “P” signage, it would be self-
Cox felt that a berm is going to be unnatural. He felt it was going to be more of a place to rest, have kids run
around, picnic. Nelson felt it's visibility as a park, not strictly looking at the water. Burton felt a panoramic
view makes sense not only from right on the shore but from other areas as well.
Nelson asked about lighting plans for night. Existing fixtures could be utilized. Buettner hadn't thought about
lighting the children's area after dark; however, lighting in the parking lot could be important and needs
discussion. Cox asked if the gazebo could accommodate musicians;
Buettner said with the limited parking, he questions it being an optimal site. Goss added that it could be a
wonderful spot for weddings and take the pressure off Anderson Dock.
Kate Houston asked about fill behind the stone wall; would the wall have to be reinforced? Buettner doesn't
feel it would be necessary except for gravel for drainage. Nelson agreed. Dave Alberts asked about the sand
area, he'd like an option of other materials; sand spreads quickly. Bue ttner showed a two-foot round walkway
around the area for kids; there may also be circular stones for play, etc.
Nelson asked about covering the well but with access and usage; for example, a drinking fountain. If you don't
use a well for a period of time (approx. three years), the DNR starts asking questions about shutting it down.
Buettner doesn't see a drinking fountain as a problem; the well could also be used to water the grass.
Burton thanked Buettner for the presentation and asked for small copie s of his large drawing with any revisions;
it'll be turned over to the subcommittee and go from there.
Sam Perlman - Presentation re: Economic Development Adjustment Plan from the DC Economic
Development Council. Perlman gave a PowerPoint presentation. He talked about the strategic economic
development for Door County over the next five to 10 years for goals/strategies. Thirty- five members of a
steering committee, including government and businesspeople, along with Northstar out of Madison, put
together a plan. They surveyed 175 people in focus groups throughout Door County. Recurring themes were a
decline in manufacturing in Sturgeon Bay, economic balance in general, seasonality in No. Door, loss of
agriculture, maintaining beauty/safety/quality of life in Door County, and technology infrastructure (especially
in Northern Door).
One question in the survey rated the top five business sectors in regard to current, future values and greatest
opportunities. Tourism and hospitality ranked first in all three areas. Manufacturing was valued for the future,
along with health care. Marine services and arts were ranked high for potential growth areas.
Population projections show growing over the next 15 years, then declining after that all the way to 2030.
Retiree numbers will grow; workforce from 24-59 will continue to decline significantly over the next 25 years;
school-age children will decline slightly as well. Workforce decline impacts businesses and manufacturing and
will keep new businesses from coming into the area. Key Findings from the survey were: available workforce,
growth in the 50+ population, income, balance, and market. Sharp decline in workforce and aging of skilled
workers who are retiring are concerns. We have to develop the next generation of workforce; there are no
bridges in that development in schools now. In 25 years, more than one-third of DC population will be over 65
(5th oldest in the 72 counties). “Net migration” is the only growth possible; however, after 2020, that migration
will not keep up with population and will decrease the overall population. What makes DC numbers
remarkable? It’s the high rate or speed of change, cutting edge of change, causes of change--it's happening
faster and sooner tha n other parts of Wisconsin.
Perlman said we have to figure out how to take advantage of the skills and resources being brought out. There
are great network connections, capital resources, active community participants. Good news: Within last
couple of years, per capita income has surpassed national and state averages. However, it’s disproportionate
sources of income: in DC, it's only 50% from earnings, while 50% is from interest, dividends, Social Security
and other payments. Door County wages are lo wer significantly than for the state.
Economic balance: DC is fairly balanced across business sectors and major employers; we're not a one-
company town. There's less balance in the age of the workforce and availability of full-time vs part-time
employment. We have spikes in construction, manufacturing, retail, government, health care and
accommodations, but there is no one business that dominates; this is seen as a positive.
Marine services have a great opportunity to grow, catering to pleasure boaters as the premier pleasure boat
destination throughout the Great Lakes. The State of Michigan has spent millions upgrading the marina
facilities; we should do the same.
Seven specific goals: 1) training and attracting workforce, 2) grow and expand existing business and business
clusters, 3) tap into visitors seasonal and retirees as sources of entrepreneurship,
4) establish development strategies to reduce seasonality of the economy (such as the idea of bringing arts
organizations in No. Door to establish an off-season programming between November and May; this would
help accommodations, restaurants, etc.; 5) create economic development and opportunity around future
demographic trends in the county, 6) improve infrastructure such as bridges and telecommunications for No.
Door that will be highly dependent on 21st century support systems (such as Brilliant Cities); Perlman felt if
there's capital or seed money for entrepreneurs, they'll come. Door County “angel investment network” is being
developed, and within the next month or so, an organizational initiative will begin, and 7) attract younger
families as permanent residents to increase talent pool and maintain the high energy level.
Top Priorities: 1) workforce, 2) build business and physical infrastructure, 3) grow existing businesses and
increase new business format. There are 75 action functions but only seven can be the guiding forces over the
next months and years.
Perlman talked about Workforce, Infrastructure (including broadband; shipbuilding cluster, roads expanding
to four lanes to Sturgeon Bay, bridges, power grid), Business Growth (grow healthcare businesses for surgical
procedures such as facelifts), more high-end tourism.
Kirkland asked about attracting younger families: There's nothing in their survey or plan about affordable
housing. Perlman said it's a significant issue; there's an active “attainable housing” committee. Kirkland said
there have been past ideas re a facility for arts and training for hospitality in winter, housing available for
workers in the summer, but it never got off the ground. Weborg said there'll be a million to $1.5 million retirees
that have an impact on DC. Perlman and Kirkland both have extra disks with the entire presentation. The
Board thanked Perlman for his presentation.
Burton said we’ll get into the budgets next and then go back to the regular agenda. Budgets have been
approved already in committee. Kirkland said the budget has to be approved the first week of December; 10
days prior, the public meeting has to be published, so some time within the next two weeks budgets have to be
Presentation of Budget. Weborg handed out his budget, which is about $10,000 less than last year's. The
projected capital expenditure of 2012 is a new vehicle. Fire inspections/data entry will be increased from
$3,500 to $5,200; each seasonal resident has to be done twice a year, and the fee is up $2 per inspection, Office
data and entry is raised $1,000 because of data entry for the State for auditing. Training and against dues is
decreased by $1,500; Weborg said everyone is up to speed on training right now. Fire prevention stays at
$1,000; a new trailer was bought with grant money that is a great asset to the program. Salaries are left at
$6,000. Year-end incentive pay should be changed to “LOSA program.” Cell phone goes up a couple hundred
dollars because it was over budget this year. Telephone stays the same, as does fire station maintenance.
Dues/miscellaneous/hardware stays the same, as does pager repair. New equipment is $2,400; last year,
$10,000 was taken out of the capital fund for outfitting. There's $6,000 left from the band, plus out of the grant
program for the ventilation station, there's $10,000 left from that. The grant person said $5,000 of the $10,000
can be used for fire equipment; the other $5,000 has to be used for fire prevention. So Weborg cautioned that
the 2007 budget will be raised up to $10,000 or so; it's being supplemented this year ($11,000 plus $2,400).
Nelson asked what the $5,000 for fire prevention will be used for; Weborg said they'll come up with
suggestions such as a fire detector program for the Village. Weborg said we have a year from the date of the
grant (January or February; Kirkla nd is checking). Cox said if we could purchase smoke detectors for every
home and hand them out from that money, that'd be wonderful. Weborg said that would be the kind of thing
that would be appropriate.
Fire calls, fire equipment/repairs, training/seminars were left the same. Fuel for the truck is up $500 to $2,000.
Office supplies is at $400; projection is higher than that, because it's up to $1,000 this year. Kirkland said it's
computers; the software program will cost about $300 a year to renew, so Weborg might want to increase that
item. Weborg said it could be increased to $750. Kirkland moved the monitor and table to Equipment, but it's
still $1,000. Weborg said to change it to $750. Gibraltar First Responders is the same at $3,000; it may change
since we're combining forces. No. Door Joint Maintenance is still $1,000. Ephraim monthly meetings from
$6,000 down to $3,000 since attendance at meetings has dropped; he's working on some new firefighters.
Truck insurance is raised to $6,000; he asked Goss about being over budget as of October. Is there another
payment? Goss said no, it's paid quarterly. Kirkland said the insurance co. said the fire department breakdown
is $4,586 because they're changing insurance for better prices. Weborg said then it could stay at $5,000;
however, Nelson said to use the exact number of $4,586; Extended accident is up to $2,500. Mid -Door calls
is left as is. Mid-Door training is dropped $1,000; gas for the boat is $500. No category on Village events, it
should be $400 instead of $325 previous. #5246 Driveway inspections/mileage is $600. He had the 2006
budget at $72,500 without tonight’s changes, and 2005 was $82,500.
Kirkland asked about Paul Soper's hours, now it's Patrick and Mike using for inspections and office work, and
we also pay Wisconsin for their hours, which could be $600 under the Fire Department budget. She suggests
putting the extra cost under Maintenance or another category. All agreed it should be put under the Fire
Department since truck maintenance, etc., is ongoing. Burton asked for questions. Nelson said looking at this
year’s budget; will we be on track for $82,500 this year? Kirkland said it's about $47,000 right now YTD, so
they’ll be under.
to accept the Fire Department’s 2006 budget as amended.
Nelson seconded. All ayes. Kirkland will make adjustments and present them at the next meeting.
Presentation of Budget. Dave Alberts handed out the budget and said this year's budget is a decrease from
2005. Actual expenses for every quarter of 2005 plus the last quarter of 2004 were used to project the budget
for 2006. There's a 3% increase across the board, but it's above actual expenses, not above the 2005 budget. He
credits everyone at the plant and the Wastewater Committee with working on this.
He felt a touchy area was salaries; in the folder, there are employee evaluations, along with his own from Brad
and Don. He has recommendations for salary increases. Cox asked if that will be closed session; Burton said it
will. Depending on salaries, it could go up or down.
Wisconsin Public Service shows a 17% increase in electric but it hasn't been approved yet; however, he built the
17% into the budget as a safety. Re the Administrative Salaries, McMurtry said it was a carryover of $50 per
meeting for members; one committee member didn’t feel right about being the only committee getting paid.
Kirkland said most of the committee chairs are Board members who already get paid; at one time the Board felt
that committees should be chaired by a Board member when possible. Cox said if a committee member misses
work during daytime meetings; there should be compensation. Nelson said it was an accomplishment that
committees were off payroll (except for Board of Appeals); Wastewater has continued to be paid only because
they were paid as a Commission. Burton felt Wastewater’s financial responsibility to the Village dictates that
they continue to be paid and has no problem continuing with the way it is. Burton said to leave the
compensation for Wastewater as is; McMurtry noted that says a 3% increase from 2005 but only because there's
one person who doesn't accept the money; however, if she leaves and someone else comes in, they would have
to make up that money.
Burton does feel that all committee members should be invited to the Village Christmas party with their spouses
with no charge; it's a token of appreciation.
Alberts talked about the Gibraltar Fund--they rolled the majority into the Replacement Fund and $27,000 into
the new Contingency Fund (a running fund similar to Replacement), which will continue to grow if it's not
used. #858 is a holding account to track how much contingency is used; it would be for emergencies. #831 will
be actual Maintenance at $3,000 and then repairs will go under Contingencies because they're usually expensive
emergencies. Projected income and projected revenues from holding tanks and septic; there could be an excess
of $4,054.17 next year if things go as expected. Possible items for 2006 Replacement could be heating &
cooling expenditures, painting, effluent pumps, receiving station doors, etc., could be $16,000+ out of
Replacement Fund (which currently has $200,000 in it; $51,000 will come out of there at the end of the year).
Nelson asked about the excess of $4,054; are we allowed to have an excess? Kirkland said you can't
specifically budget to make a big profit; however, this is a small amount and a cushion, and it could be carried
forward. McMurtry said it's the first time the budget has been done based on real expenses rather than out of
thin air. Burton applauded them for the budget.
to accept the Wastewater 2006 budget with the one amendment on administration salaries.
Cox seconded. All ayes.
DOCKS & COASTAL MANAGEMENT
Presentation of Budget. Keith Lindstrand said there are some capital projects and figures on day-to-day
budgeting. Cox said this doesn't go on the levy; it's out of Operating Funds. Lindstrand said that income on
slips is going up by $2/foot, transient slips up 5 cents a foot. There are small adjustments on others. There
won't be small boat mooring with the lake levels what they are. Projected income is $93,200. On the expense
side, not much has changed. $10,000 is the one-year dredging of the channel, which will go 200 feet from the
firehouse to south shore and 100 feet out; with the projected water levels, we'll have to dredge. It's about $16
per cubic yard. Cox signed the permits for the DNR and it should go right through.
Docks & Coastal Management would have an income over expense of $37,700. There will be a couple of tight
years, 2006 and 2007. Under Capital Expenditures: Firehouse needs Spancrete to replaced wood decking; their
quote is $17,700. Labor for removal and installation about $5,000. Replacing five fingerlings with floaters and
putting in seven adjusting stairs for $65,000. Anderson Dock is in its second year with the breakwater fixes;
removal of three piers is $10,000; $1,600 for dredging, then three floating piers of 35, 40 and 45 feet, plus a
solid pier attached to the monument wall over the breaker rock on the pier side. Contingency of $4,100 on that
project; there's a $48,000 budget estimate on that.
The other part of Anderson Dock is redoing electrical, 10 power pedestals (same style as firehouse), two add'l
pedestals with lights alone for better lighting on the south side plus outlets. $15,000 for that; Action Electric
has not given an answer on that project yet. We did not take out the loans expected for this year's projects but
took them out of operating cash. Kirkland asked if they're thinking of doing the loan during 2005 or in 2006?
Lindstrand it would be 2006; Kirkland said they'll still have about a $2,600 interest payment for 2006 P+I. Cox
said the committee's philosophy is to pay off the loan ASAP and not wait for payment notices; the goal is to be
done with all the upgrades and then just have upkeep and maintenance. These are long-term investments.
When they can bank $100,000 after that, they can talk about the next steps.
Lindstrand added that even though we've done improvements, we haven't raised rates much over inflation; we're
the cheapest marina fees on the peninsula. If we needed extra cash flow, we could add $5 and still be under
other communities. Nelson said the improvements have to justify raising the rates; not all our facilities are up to
the standards of those who charge higher rates. Burton said the rates will increase when appropriate.
Lindstrand said we are getting repeat customers; it went from $700 in reservations up to $1,800 and there are
already calls for next year.
to accept Coastal Management 2006 budget as presented.
Nelson seconded. All ayes.
BUILDING & GROUNDS
Presentation of Budget. Mittermann said there are two meters on Anderson Dock, and we're not certain which
hours are being read and where. Upgrades would be to add one meter base and panel, just to fire the pedestals
and public lighting and leave the others alone. That will take a load off the Anderson Warehouse panel and
lower the amp draw; boats won't be pulling current through that warehouse panel. They can then segregate out
the true cost of running the marina versus Hardy versus Anderson Store. Kirkland asked if it's part of the
$15,000 in Coastal; Cox said it is. Lindstrand said it doesn't do anything for the rest of the Dock's system; it
just takes the marina out of the general system. Cox said there may be public lighting that they'll add to their
meter, but the Hardy would be pretty much on their own, and the Store would be on its own. That's the least
expensive way to deal with the problem. Mittermann would like a sub- main to control the utility closet, water
heating, pump, lighting, so it would be Ephraim; the other two meters could be separated for Hardy and for the
store. Cox felt it could fall under the $15,000 but if it's more, it'll come out of B&G instead. They haven't put
out an official bid yet. Burton felt the solution makes sense.
Cox said the only other issue with Anderson Dock is to repave the parking lot; that was out of B&G, and it's not
the marina that's causing the need for repaving. The water coming off the parking lot with salt on it is eating at
the steel. Anderson Dock's parking lot is actually in the Roads Paving budget, an additional $10,000 figure for
Mittermann said the first line, Celebrations Expense is shown here but is actually part of the Gen'l Budget.
Road Maintenance and Brush is county mowing, road shoulders, maintenance along the streets and roads; the
county is increasing about 20% over last year, going from $6,000 to $8,500. The road paving discussed
previously at the Facilities Committee, about .82 mile. Kirkland noted that Mike included Settlement and
Larsen back in there since that meeting; Mittermann said they didn't get done in 2005; can they be carried over?
Larson is crack filling; Settlement is chip/sealing. Kirkland said it hasn’t been borrowed for, however.
Mittermann said we could let those roads go then, and do a better job later. Weborg noted that with some of the
new blacktopping, they didn’t do proper prep underneath and grass is growing through it. Cox asked if we're
carrying forward Settlement and Larson? Kirkland asked about the final figure on the loan? It's $10,000 for
Anderson Dock plus $63,150, total 74,000 rounded up.
Kirkland said Mike also has estimates on the basics for Harborside: paving, sprinkler system, lighting. Cox
said that was dropped because we knew Buettner was coming and there would be other options. Kirkland said
we'd talked about the basics this year and amenities the next year. She asked if we should leave the park for
another year until we're sure of the plans? If not, principal and interest have to be figured into the levy.
Buettner wasn’t asked about a rough estimate, and Cox felt his proposal should all be done at the same time.
Nelson said you could probably do some electrical work and some plumbing such as drinking fountain, pressure
switch and a cover to start. Cox asked what kind of grant money is available? Kirkland said for the “gas station
park,” they didn't want to see parking at all but it was a smaller piece. Nelson said we can't take out parking just
to get grants; Kirkland said because it's more of a park element than we original were thinking, it may well be
Mittermann was estimating $26,000 just for parking area. Burton felt we should set aside $150,000 in case the
subcommittee wants to move ahead quickly. Kirkland said $150,000 at 4.5% we could borrow after Dec 31 and
add interest into the levy. All are in agreement that money should be built into the budget for that. Burton
to budget $150,000 as Capital toward Harborside beautification project.
Nelson seconded. All ayes.
Drain maintenance: Mittermann said there were no problems this year. He'll carry the $1,000 forward and have
Sturgeon Bay clean the basins out in the spring and Wastewater flush them out.
Street lighting: All globes have been purchased; Skippon needs to convert 12, Mittermann needs to put on 15-
18 new globes. No more are needed to be purchased; just replacement bulbs. With the 17% increase in
electricity, it's up to $17,300. Burton said they're special bulbs; don't they use less current? Cox said it's about
half what they were. Kirkland said electric consumption may be less. Cox said customer charges per meter
won't diminish, however. Mittermann said at the end of a year's experience, we'll know.
Misc. roads and signs: speed limit, stop signs, etc. , materials for improved strip signs, similar to Pioneer Lane,
about $700. Kirkland said the subcommittee on the signs hasn't met yet, so they may be different. He put
money for four strip signs in. Total budget $3300.
Recycling and waste collection, maybe in the future we could decrease the dump hours from four to three but
not in 2006. Mittermann upped that budget item by 5%. Recycling should stay the same, he's told.
Building maintenance: He has no big projects upcoming; everything is in Capital Improvements, so $10,000
should take care of it. The county or state is talking about filling cracks in the highway next spring. He'll have
them do the beach lot at the same time. The Visitors Center parking lot needs some repair. Janitorial supplies
is up $500. Vehicle insurance is the figure straight from Nancy.
Equipment: Mittermann said he's caught up with equipment. He felt it would be a good time to ask for a
backhoe attachment for the tractor. Kirkland said he added leaf vacuum trailer back in after the Committee met;
Cox noted that that item had already been voted against. Mittermann will take it out. Cox felt it'd be fine to
mulch leaves and keep them on the ground. There was discussion about the expense of the backhoe versus
renting. Nelson said it’s excessive for buying and insuring, storing it, maintenance as it gets older. Burton
agrees; for $8,000, you could hire a lot of hours from someone else.
Mittermann said he would trade in the purchase of a backhoe for the creation of a full-time position for Patrick
Johnson; he would like the Board to consider that in closed session. Burton suggested reducing the column by
the cost of the backhoe and leaf vacuum trailer.
Supplies/hardware: Mittermann reduced that amount for 2006. Grounds maintenance: They spent only half the
budget this year, so he has reduced the 2006 budget. True Green lawn care gave a price of $614 per application
of fertilizer or Weed 'n' Feed for all the Village lawns. To buy the granules of Scotts was more than that, so that
would include a spring and mid-summer feeding. If we had a bug problem, we could do an insecticide
application, which includes the Wastewater lawn as well. He has the MSDS sheets for what they have. Cox
said they'd talked about doing it one year and skipping the next to see what happens; he's not a fan of doing it.
Mittermann said he still has to pull the bushes out of the Village Hall park and seed for next spring. He wants
to buy black dirt and gravel for inventory to fill holes.
Mittermann said he would like to attend a Wisconsin conference for American Public Works Ass'n in 2006.
Reimbursement for cell phones is in there, which is the increase. Contracted work: the same plus some for tree
cutting for right-of-way trees. Equipment and vehicle repairs are the same; overage this year was new tires.
Fuel is up a little; he hasn't heard what's going to happen, although Nelson has heard they'll drop. Uniforms:
He appreciates the Board putting in some money. He'd like to get steel-toed work boots this year, and he'd like
a Village logo on T-shirts for summer. Office equipment/supplies went down.
Equipment rental is $250; Nelson said we might want to increase it with backhoe rental, etc., because it's about
$50-$100/hour to rent it with an operator. Burton felt it should be raised to $500; Mittermann agreed to that.
Large equipment repair: still in good shape. Recreation expenses: Kirkland asked about $600 for replacement
flags, we have Celebration Expense money left this year. Mike got the brackets for 36 street flags; he's putting
them on street lights instead of power poles. So Kirkland will take the $600 out of 2006.
Mittermann needs to buy striping paint. Burton asked about crosswalks; Kirkland said she has State forms to
fill out on which ones we want to keep. The two striped lines are official; without striped lines, they're
unofficial and will just fade. Do the official ones need recoating? Kirkland said the stripes on the official ones
look OK for now; we'll see about winter.
Utilities for buildings were always lumped together in the past; now sectioned out into electric, LP, telephone
and sewer, so we can better see where the money is going. Mittermann raised electric; the figures from
Kirkland were projected 2005 final figures, which he raised 20%.
Mittermann reiterated 3.5% increase on wages. It was noted that Mittermann shows some $6,800 in overtime
for 2006 (136 hours) but the Board took all his overtime out of the budget last year—he has spent some $1,900
this year and 170 hours built up in comp as well. Cox didn't feel there should be any overtime. Kirkland noted
he's asking Patrick full time, which would increase Patrick’s winter hours, but all the overtime is in summer.
Cox doesn't feel we sho uld budget for it; Nelson agrees unless saying this much overtime is only to be used
from mid-May to the end of June with specific reporting on how it's used. Then you've limited the hours and
time—X-hours a week over six weeks. Mittermann put it down because the employer can't make the employees
take it as comp time.
Burton said that overtime is just used for emergency situations? Mittermann said specifically Fyr Bal and
getting things lined up for the summer. Johnson said 90% of his overtime was within two weeks' time; sod had
to be laid, and Burton agreed it that was an emergency situation. He noted that overtime should be used for
emergencies only. Nelson said sodding won't happen again. Burton feels we go overboard in terms of
maintaining a carpet of grass; maybe we don't need that all the time, just put off mowing the grass a few days.
Kirkland said this year it's 210 hours of overtime amongst the three: How much is attributable to the sodding
job? Cox asked if any overtime is created because of someone taking vacation? Goss noted that at a wage
seminar, they said when considering overtime and when it occurred, you cannot put stop an employee's vacation
or personal time they’re due on the idea that it might create overtime from other employees. Cox said his
question is the opposite: Are we creating overtime by someone taking vacation time? Burton said if it were
planned properly, it shouldn't do that. Mittermann said any overtime claimed probably came when all three
were working to finish something up; the bulk of it was the sod and Fyr Bal this year. Dave Alberts said that all
Village work still needs to get done, in spite of vacations.
Cox still is uncertain that he wants to budget an amount; if we're looking at a levy limit, we have to look at the
bottom line. He'd rather pay for it out of a Contingency account; it's the principle of it. Kirkland said the Board
can't approve overtime until after the fact; Kirkland should be aware of it, however. That's why she has been
sending out the Benefit/Time Reports. Burton said if it's taken out of Contingency, Kirkland will monitor it and
inform the Board. All agreed.
to accept Buildings & Grounds 2006 budget as amended.
Burton seconded. All ayes.
Presentation of Budget. Kirkland presented the synopsis and redlined version on where there are changes and
why. Income: If we go above 2% in our levy limit we give up the State revenue of $5056. She didn't have
Weborg's figures until tonight to include, but we are pretty close, the difference may be carry- forward money.
Same on buildings and sign permits, inspection fees, cable/TV commissions, personnel services is dropped a bit
from Docks and Wastewater based on experience in the last year. Interest income actual is $13,000 and only
budgeted $6,000 because we were able to do some unusual things with income this year.
Sales of copies and plats: We’ll be doing a new plat book, but instead of having it all printed at Door Reminder,
we'll have copies of the County's maps, have Reminder shrink them, then print them here and borrow the spiral
binding machine from Wastewater. It can be more economical that way because if pages change, there won't be
New category: special assessment letters. The Village should charge title companies for special assessment
letters; other villages charge about $25, some $50, some $35. Kirkland said $15 because it's new to us, total of
$750. McMurtry said to charge $25, which is normal. Kirkland will increase that figure to $25. More
Anderson Dock siding will be sold in the spring.
Expense side: Village Board members got raises in 2004; she's given recommendations on salaries. Benefits,
WI retirement, et., bounce off salaries at a fixed percent. WI retirement includes Diane, Sue, Nancy, Mike,
Mike and Patrick; they're all taken out of general. Meeting expenses and typist are the same, CDs for minutes,
tapes, etc. Taxes and tax collection fees are actual from the County's charges next year. $950 for Anderson's
parking lot taxes. Mike Walker asked about Christofferson shorefront where they own 1/99th and the Village
still pays property taxes on it; we should pursue Kalny on that so we don't continue to owe that tax.
Legal fees this year -- projecting $16,000 this year. Should we drop it to $20,000 instead of $25,000? Burton
said no, put it at $25,000. Postage rates going up to 39 cents on January 1, but Kirkland didn't increase budget
because they're only at $1,300 for 2005, and even with mailing of tax bills and annual newsletter we’ll be under.
Telephone will be $300 more in reimbursing Nancy for cell phone plus $2,400 out of this year, so $3,000 is OK.
Election expenses current budget is OK.
2005 budget in computer supplies included utility software jointly purchasing with Wastewater, so she lowered
the budget a bit—we’ll upgrade the website software; it's outdated. She felt the office needs read/write Adobe
Acrobat. Kathy Kirkland noted a free Word-to-PDF file software and will give that to Kirkland. Kirkland is
comfortable leaving the budget the same. $3,000 is for FundWare updates/service and Charter Cable. Goss
asked if any computer work will be needed to update data files with property splits. Kirkland said ArcView has
been used quite a bit; Kirkland will call and ask if how to change it and if it will cost. Goss said people are
asking for a zoning site on the website; we don't have the capabilities right now to update.
General Office is lowered because 2005 included carpeting and paint. Dues/Misc. is same. Wire transfer fees
about the same as this year's; fees increased just last year. Legal notices and ads are increased because it's more
expensive to publish them. Audit/accounting was over budget this year, so it's upped to $8,500.
Conferences/training should stay the same. Assessor is the actual figure on the last year of Mike's contract; is
he planning to extend it? She'll ask. Business Council/Human Society/Chamber is back down to $3,300.
Printing costs were over budget this year because of 4/color and more volume, so $1,200 should be fine. Gas
for Village car went up by $25. Car repairs are left the same. Car insurance is lower this year. Goss noted
property insurance needs an adjustment because it’s shown with car insurance included….she will find those
figures so Kirkland can make adjustments.
Smart Growth has capital reserves set aside so –0- budget. Property insurance may decrease by 10%; we'll
know by the public hearing. Goss said 10% less is safe. Liability will go up a little; but workers comp is going
down (includes fire dept, general office staff, maintenance).
Health insurance is up 8%. ($5,600 for the five covered employees). Disability about the same; had a few age
changes last year but not this. Building & zoning the same, same for celebrations. Airport is $10,000 to cover
shortfalls and Gibraltar for doing the books. Board of Appeals never is expensed because it's an unknown.
Principal and interest on long-term debt doesn't include Harborside or $10,000 for Anderson Dock Park, so
she'll refigure those two amounts now that she has them. Nothing budgeted for municipal taxpayer
commission; they have $40,0000 and there are no more lobbyist payments.
Contingency -- we might want to keep it at 2005’s $30,000? So far, this year it's only $4,100. Nelson said
dropping it $5,000 is safe if we didn't even get to $5,000 this year. Burton agreed, stating we should leave it at
to accept General Budget for 2006 as amended.
Nelson seconded. All ayes.
Kirkland asked about Capital Reserve; $6,855 left in equipment cap reserve for the fire department, but she's
putting in $5,000 to start rebuilding it again for the new van, and the same $30,000 for the 2012 pumper.
Everything stays the same unt il you want to start saving for the ambulance or the tennis court resurfacing. The
$7,000 is the difference between this year's and next year's. Nelson would like to include them both. We have
to put money back into the tennis courts. Kirkland said with the Mid-Door agreement, we'll cooperate on any
new ambulance, so $2,000 is a start. Cox asked how often they replace ambulances; Mittermann said they've
had it five or six years, and it was a used vehicle when they got it. They're not talking about it for the next three
years. We’ll keep the courts and ambulance in.
Capital loan schedule can be redone because now we know how much is being borrowed; that will go into the
General Budget except for Docks and Wastewater
Kirkland will put everything together, minus knowing re: the salaries, and she will update the Budget.
Presentation of Budget. Kirkland reported that the airport budget sent didn't include income, so she called and
asked. She added personal property taxes on hangars because Gibraltar has been keeping all the collected taxes,
but why should they? Kirkland asked Sherry who gets the personal property taxes and she said “Gibraltar,”
Kirkland went on the Internet and found out the total of the taxes right now. Personal property taxes on hangars
approximately equals the annual shortfall; Nelson said if we're paying them for services rendered, we should be
getting half the property taxes. It should show on the income side of the airport budget, Kirkland said. It's
jointly owned property. Cox asked where the property taxes would go; Kirkland said they go into their general
fund as part of the tax base, apparently. Cox is concerned that if Gibraltar adds those property taxes toward
their income now, they'll just raise their expenditures and nothing changes if we insist on getting half. It was
noted that we could cover the shortfall yearly and it could actually be identified as income. Nelson said if we
do it with the airport, why don't we do it with others on specific properties? Cox said we're joint owners but
there could be some legal things involved. Kirkland will ask Kalny about it.
Nelson asked why we budget $10,000 on airport; Kirkland said it's for about $5,000 for handling finances out of
Gibraltar and expected shortfall. This year, we refused to pay the shortfall because it was so large. They're
anticipating a shortfall of about $10,000 for 2006. Cox asked if we have to approve the budget? Kirkland said
we've never had an airport budget to look at before they actually spent it.
Intergovernmental Agreement/First Response. Cox asked if we could approve the First Responders
agreement; Weborg had already left the meeting, but he felt it was important. Kirkland noted that it was talked
about at the Joint Board meeting but they didn't have a quorum so it couldn't be voted upon. Cox moved
to approve the agreement with Gibraltar for First Responders.
Nelson seconded. All ayes.
Extra Borrowing for Private Portion of Sewer Project. Goss has papers all signed for the loan. Burton
to approve the extra borrowing of $37,000 on the private sewer portion of the loan.
Nelson seconded. All ayes. It will be borrowed to pay for private portion of the sewer project.
Bills to be Paid. Nelson recused himself from voting on bills to be paid. Cox moved
to pay all the bills on the schedule.
Burton seconded. Two ayes; one abstention.
Engineering Proposals, Harborside Park. Kirkland handed out the engineering proposals for Harborside;
she'll send out to those not in attendance. It can be discussed at the next meeting.
Brilliant Cities Franchise Agreement. Burton will talk to Bob Kufrin to see what they've come up with and
see if Ephraim's agreement matches. Kalny has to look over the revision.
Premier Resort Tax. Burton noted that only one person in Sister Bay voted against it; informational letters
have gone out.
Resolution re: Handicapped Election Machine. The machines are $6-7,000 plus annual of $250, and since
the current statute allows for anyone to vote with assistance, the movement among smaller communities is that
we don't want the new machine because it's an unfunded mandate. Burton signed the Resolution aga inst
obtaining the handicapped machine.
Christmas Party. Everyone on the Board and committees are invited free of charge, with spouses, this year.
Burton suggested having it catered in the Village Hall. Kirkland will get the ball rolling. December 16th seems
to work out best for those who couldn’t previously come because of Chambers Singers.
MONTHLY ZONING ADMINISTRATOR REPORT.
Rescind Impact Fee Ordinance. Kirkland said that although this was discussed thoroughly at the last meeting,
no official motion was made. Burton moved
to rescind the Impact Fee ordinance.
Nelson seconded. All ayes.
Language from Plan Committee to set for public hearing - wetlands setbacks and moving Historic
Preservation district language. Cox suggested setting the public hearing for January. This will be done.
Bob Davis offered to do recycling on December 31; the next official date (Jan 7) is after most visitors leave.
The fact could be advertised. Davis will have cookies. Burton said we should let him do it. If anyone else
wants to volunteer, they could do that as well. The Village won't be staffing it that Saturday—it would be
double time pay and not a scheduled day; they'll just unlock it.
ADDITIONAL MEETING DATE
Kirkland asked when we could meet to finish up the budget. We also have to address salaries. The meeting
was set for Wednesday, November 16, at 7 PM, with a closed session on salaries.
MOTION TO ADJOURN
Burton moved to adjourn at 11:10 PM.
Continuation of Board Meeting from November 14, 2005
November 16, 2005
PRESENT: PAUL BURTON, MARC PAULSON, JOHN COX, TIM NELSON
ABSENT: SUE SHERMAN
ALSO PRESENT: DIANE KIRKLAND, Clerk; NANCY GOSS, Treasurer
This meeting is to continue with the agenda items not completed Monday night as well as meet in closed
session to decide 2006 salaries and set the budget for public hearing.
Paul Burton called the meeting to order at 7:03 pm. Changes in the agenda - Niles' items moved to December
meeting. The budget items except for salaries were moved up.
Previous minutes from November 14 - page 7 under Wastewater, re adding a sentence re talking about
Administrative Salaries - didn't transition well. Page 12, Burton said "overtime should be used only for
emergency situations." Re the Christmas party, it should come out of contingency. Motion to approve
amended minutes by Paul Burton, seconded by Tim Nelson, all ayes.
Kirkland went through the updates on salaries, etc. Gibraltar School settled at 4.2% increase (a package of
wages and health insurance increase). Cox said that's based on COLA and cost of health insurance. He thinks
cost of health insurance went up 10% for them so it’s actually a wage decrease. Discussion as to how to read
the CPI index we've gotten for the Midwest....5.8% because this is based on dollar increase, Marc said. The
County gave 3%. Burton said 3-5% range, then. Kirkland did a 3% increase across the Board as well as the
increases proposed by the Supervisors to show the difference for 2006. Kirkland noted that the salaries in the
detail and proposed levy are at the proposed supervisor increases, not just the 3%.
Went through the changes in the budget and noted that we are actually within the 2% levy limit because of new
P+I on new debt. Our dollar increase is 4%. Kirkland hasn't seen the school tax credit yet so we don't have the
possible mil rate.
Shall we drop legal fees down from the $25,000 we kept in the budget? We could take extra legal fees out of
contingency which we dropped to $25,000. If we drop both $5,000 that would be a savings of $10,000 and drop
us down a percent in total - to 3.1%, Nelson said. Cox wants to wait until after salaries are discussed to do
anything for sure. Nelson said it won't be much more even if we increase salaries. Kirkland noted that we have
$45,000 to put against the tax levy.
Question of whether or not to decrease fire calls and Mid-Door fire calls...Kirkland and Cox said that Niles
always says even though he never uses it up, you can never tell in any one year what will happen with fire calls.
The $9000 in equipment maintenance and repair seems OK.
Everything else seems rather tight. Discussed about the othe r areas--we don't want to get ourselves in a bind by
lowering things too much. We aren't being wasteful. Contingency is always a gamble, Burton said. Salaries
will be looked at in closed session at the end.
Engineering Proposals - Steve Baudhuin's PLC is $100 more than Mau ($12,300 vs. $12,200). CQM's proposal
was $23,000+. PLC is local and he'd be more available for consultation. All three were recommended by
Schuster. Everyone agreed with Burton's motion that
we award the engineering of the Harborside property to PLC.
Seconded by Marc Paulson, all ayes. The Dennis Buettner proposal hasn't gone back to the Committee yet, Cox
noted, so the change in elevations he proposed might make Baudhuin's plan wait a bit. Cox feels Buettner's
plan could be pared back - he felt adding $150,000 to $800,000 in purchase to date is a lot of money and we'd
get criticized for it. Burton said he's had nothing but compliments on the purchase so far. Cox said he's had
compliments on the Hillside beach, too, but there are people who felt we shouldn't have spent the money.
Burton said the people who have talked about the expenditure of the money for Harborside are the same who
protested against buying beach property. Cox has been active in waterfront improvements, he said, but he feels
the Harborside plan is too "fancy." Burton said we did plan to do something with the property in any case.
Kirkland noted that the tax levy on the $150,000 - once we start paying principal, which would be in 2007 -
would be $16,000 a year at the highest.
Cox said we need to have green/usable space. He didn't feel the wildflower/shrub area was useful. He's for the
gazebo. Marc Paulson hasn't seen the Buettner plan but they'll be getting smaller versions.
Non-Profit Rentals of Hall
We are charging those who do theatre, etc. It came up as to set- ups and clean-ups re true non-profits, especially
those who need set- ups - groups that are conscientious vs. those who have history about being a problem. Tim
said don't make it a strict policy--we could decide re clean-up fees or deposits based on that. Those with a
problem could prove themselves for the future. What about taking a deposit and charging from that? We are
taking deposits from all, and we did charge the Hardy something this year because of the bathroom mess. It
should work OK. Mittermann should be informed that we are willing to take away a deposit if they leave it a
Cox said he doesn’t want to allow gaming on the internet, even if it wasn't against other opponents as it
currently states. Downloading software is a big problem, Cox said - the shareware, etc. Microsoft Betaware
and Ad-aware are good, Goss said. Goss mentioned the Charter Cable letter we got the other day re bytes going
out from our server--it was a matter of upgrading the protection on the server. There's an Acknowledgment of
Receipt on the last page that employees and officials would sign. This will be on the December agenda.
Board of Appeals Fees
We put this query out on the Clerk's Network and got a lot of replies as to what people charge, but the charges
were all over the place. Goss doesn't really have a recommendation, but she knows we have new rules and will
be getting a lot more inquiries/requests for variances. She agrees we shouldn't raise it up for the simple, true
cases but there are some troublesome ones that involve more meetings and attorneys fees, etc. Legal fees could
be at the discretion of the Board to be charged or not--this last time the appellant actually asked questions of our
attorney himself. Not all attorney fees are strictly for the village; we do have to check out the questions that
come up, not only to cover ourselves but things that come up from the other side.
We don't always have attorneys present, Nelson noted. It can't be done on a selective basis. Paulson said if we
make it discretionary, it IS discriminating because it's done on an arbitrary basis. Would they only pay attorney
fees if they lose? Or if they prevail as well? In any case should the taxpayers be subsidizing someone's appeal
for their own case? Could we charge a $500 deposit and maybe they'd get it back? Marc would have a problem
with that because we'd most likely have an attorney present because the fee was available to use. He still
contends that we are using our attorney to help our Board of Appeals to do the hearing in a proper manner.
How many appeals requests are frivolous? We've had them through the years--when the fee was lower, people
felt it was worth the shot to see if they could get something granted outside the ordinance. We want people to
consider whether it's worth their while (money) to do it, Marc said. But we don't want to penalize people who
have a true hardship. What would be a frivolous use of expected attorney time, could our attorney come up
with some criteria that would involve him vs. not involve him.
Marc felt everyone or no one should pay a deposit - otherwise it's viewed as discrimination or who you know
vs. who you don't. And when you get around to keeping the deposit, who decides and how? Raising the cost of
entry into the system, Paulson said, could penalize someone but make others think about putting up a frivolous
Burton feels the solution is that we should just have sufficient funds budgeted for attorney fees and contingency
to cover these kinds of expenses when they come up. Do we pay Board of Appeals per case or per meeting?
This is the first time we've had 3 meetings for a case. Cox felt they don't put in the same kind of time some of
the other committee members do, but Tim Nelson--who was on Board of Appeals for several years--disagreed.
Board of Appeals may need to meet more than once for each case now, with writing up more complex Findings
of Fact. Pay them by the case, not the meeting.
Village Business Strip Signs
We have a subcommittee that's supposed to look at these signs and come up with a plan as to whether they'll
best serve businesses. One prototype is one that Mike Mittermann made. The idea is to get away from the
metal strips that flap in the breeze. Kirkland mentioned the signs that Orde signs did for Green Bay and she is
The consultant hired by the County highlighted the poor and inadequate signage throughout the County and
mentioned Ephraim and Sister Bay, Burton noted. Jan Comstock asked to be involved if the committee met
over winter. We have to get two more business people--so far it's Walt Fisher, Fred Bridenhagen, Connie Hatch
and Diane Kirkland.
Tim Nelson feels the deterioration of the sign on the corner of Hidden Spring shouldn't be happening....the
water from the copper watering devices has destroyed it. Burton said he tried to talk to the owner but he
couldn't get to him. The sign is in the road right-of-way; we should be able to dictate what can be done within
the right-of-way, Tim Nelson said. We should be able to send a bill to someone who destroys Village property,
just as if someone threw a rock through a window owned by the Village. It's vandalism, perhaps criminal
damage to property. We'll be getting new signage - hopefully before next summer - and it has to stop.
Future of the Ephraim Library
Tim Nelson asked that this be on the agenda. He went to the Library Board meeting and several residents were
there, many of whom spoke. Kari Anderson ran a good meeting; all public comment was allowed prior to the
agenda. It's a 7- member Board and one was absent--when they voted to reconsider the Board's action, it was 3-
3 so they couldn't discuss.
Tim Nelson was not impressed with Becca Berger's attitude as head of our Library system. The talk is that she
is planning to do away with Ephraim, Fish Creek and Baileys Harbor--just leave Brussels, Sturgeon Bay and
Sister Bay. Marc Paulson said the same thing happened with the school sys tem--consolidation. Nelson said we
have to start thinking about what kind of Library we'll have if we are no longer being supported by the Library
system. How would we do it in a way that accomplishes a Library's goals and is affordable. Berger says the
cost is $35,000 for our Library currently.
Paul Burton made the pitch about how much we pay in County taxes without getting the services--it might have
accounted to some extent for their willingness to put money back into the budget for 2006. Perhaps Becca
Burger might consider splitting the cost of operating the Library and the Committee could fundraise, etc. He
feels the Library Committee has been isolated from our Board and should report back to us more often.
Kirkland asked if they are looking at consolidating Librarians - having some full-time instead of several part-
timers they pay unemployment compensation. Merrell Runquist was in favor of keeping our Library and he's
also representing Gibraltar. Tim Nelson said the Librarians were very upset about losing the 5 days' pay,
although Nancy Christofferson had told Kirkland that Librarian’s pay is $35-40,000 a year.
Burton said during the summer the population of Ephraim is about 1/5 of the permanent population of Sturgeon
Bay, and he noted that at the meeting. We should ask the Committee to come up with ways of making the
Library viable---if we can stay within the system, that's the best alternative, but if we can generate income by
user fees. What would it cost to be a part of the Nicolet system without being in the County Library system.
The school is part of that system; perhaps all of Northern Door could break away and become independent.
Burton said in December we should invite the Library Committee and put on the agenda Discussion of Funding
for 2007. See what we can come up with. They should be part of this discussion. Cox will find out what it
costs to join Nicolet. Perhaps our Premier Resort Tax could help with this, as the tourists do use the Library.
Expansion of internet access would be something to look into. You can find internet access anywhere in the
Marc said they're interested in consolidation because of the "inefficiency" of serving the smaller libraries. But it
doesn't address the degree to which a Library is part of the fabric of a community, Burton said. They aren't
supposed to be a "viable business move," Nelson said, although one of the Librarians behind him in the County
meeting disagreed. Nelson said it's a public service and would never be supported by user fees.
Motion to go to closed session per 19.85(1)(c) by Paul Burton, seconded by John Cox, all ayes.
The Board came out of closed session and announced the following increases: Diane Kirkland 1.5%, Nancy
Goss 6%, Sue Shallow, 3.5%, Mike Mittermann, Mike Skippon, Dave Alberts and Don Richter all 3%, Brad
Rasmusson 6.5% and Patrick Johnson 7%. The public hearing on the budget is set for Monday, November 28 at
Meeting adjourned at approximately 11 p.m.
Diane Kirkland, Clerk
(portion after Closed Session transcribed from notes given)
Village of Ephraim
Budget Public Hearing
November 28, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson
ABSENT: Sue Sherman
ALSO PRESENT: Nancy Goss, Treasurer; Diane Kirkland, Administrator/Clerk
CALL TO ORDER
Paul Burton called the public hearing to order at 6 PM.
Kirkland said the projection of 4% is really 3.55% increase rounded up, which results in a mil rate of $10.90.
Burton asked how employees reacted to raises and salaries. Kirkland said it seems all employees are happy
with it; she hadn't learned any reactions from the Wastewater people other than Dave. Burton said we could
drop the percentage increase down further by eliminating a couple thousand on the legal fee fund; Kirkland said
if you take $5,000 out of the budget in any area, it would drop the increase to 3.47% but drop the mil rate only
one cent. Burton asked how Kirkland would defend the increase to the public? Kirkland said just energy alone
is going up approximately 17% higher next year. Insurance balances out (health went up 8% but workers comp
and property insurance went down). Energy seems to be the culprit—gas prices, electricity, propane.
Paulson doesn't see any major spots; you can cut back on some things but you'd need to rectify next year. He
feels legal and contingency are fine; with the Board of Appeals court rulings, it'll generate more legal activity
there, even though the other activities may not.
Nelson is comfortable with the budget; any increases were based on projected costs and historical records
showing that we should put away more money. We're not wasting money, just being conservative in terms of
Cox is comfortable with it as well, but wanted to know whether Burton followed up regarding next year's wages
and benefits. Burton said he's getting information about benefits from Village and by the school and other
entities so they can be compared. Cox said the consensus was that we would start addressing it on the January
2006 agenda to take effect 2007. Burton feels we've been obliged to do this all along; Nelson agreed. Burton
wants more information on strategies used by other entities; it's eye-opening to consider how much of a person's
total remuneration is made up from benefits. Cox noted that teachers have had to package wage increases with
insurance increases, etc. Kirkland wanted to know how that works with single people versus families versus
young/old, could it be considered discriminatory based on those factors. Paulson said there are spouses who
carry their husbands/wives on their insurance as well. Kirkland said insurance companies also ask about
smoking, etc., which may put the Village in a different category or pool. Cox said with the schools, they don't
ask about smoking; Nelson felt they probably have those statistics already.
Cox said he isn't a fan of packaging benefits & wages but thinks it could work both ways; Kirkland said she
doesn’t see where it would ever work to the advantage of the employees. Cox noted that if you have a great
insurance policy, it's worth something, even with deductible and co-pay. Kirkland noted that the Village
insurance doesn't have deductible or co-pay like the school’s, but ours went up 8% to their 10% and we don’t
have to pay out of pocket. Cox noted that their health policies have been eroding. Cox said if we get 15-20%
increases in health insurance, there has to be some equity.
Burton asks how to approach the strategy in adjusting the package? That's what they'll explore. Nelson said it
would be insurance rate changes versus the impact on the overall compensation package per employee. Paulson
felt the Village Board should make the decision so the information should be theirs to look at. Kirkland will ask
the clerks' network how other people do it, discrimination, etc. Nelson asked if it would be closed session?
Paulson said it's too general to be closed session. Cox isn't sure enough information will be available; he
doesn't want it to drag on forever.
Burton is happy with the 2006 budget, they treated the employees well, and took a careful look at all categories
and were reasonable in budgeting. He applauded everyone for working together to keep the budget reasonable.
Burton asked if anyone in the audience wished to speak for or against. No visitors were present.
Nelson moved to approve the Budget for 2006 as presented [and as per the Resolution of Funds
Appropriation],Paulson seconded. No further discussion. All ayes. Motion carried; Kirkland noted that
that serves as passage of the Resolution of Funds Appropriation for Fiscal Year 2006, in which the Village
Board serves as the Finance Committee.
MOTION TO ADJOURN
Paulson moved to adjourn at 6:24 PM; Nelson seconded. All ayes.
Kathy Kirkland, Transcriptionist
Village of Ephraim
December 12, 2005
PRESENT: Paul Burton, John Cox, Tim Nelson, Marc Paulson, Sue Sherman
ALSO PRESENT: Plant Manager Dave Alberts, Village Administrator/Clerk Diane Kirkland, members of
the Library Committee (Jane Olson, Walt Fisher, Joan Fitzpatrick, Dick and Anne Van deVen
CALL TO ORDER
President Paul Burton called the meeting to order at 7 p.m.
CHANGES IN AGENDA
Kirkland said Mike Walker sent an email today about shore property that the Village owns with the
Christoffersons that she’d like to discuss.
to approve the November 2005 minutes as submitted.
Paulson seconded. All ayes.
None at this time.
Fire Chief's Report. Weborg is not present but turned in a report, which was in the packet. Noting the large
number of calls, Sherman asked if there were fires or were they false alarms; Kirkland said seven were false
alarms. There were no further questions about the report.
NIMS Compliance. Kirkland said that the Board members, office staff, Wastewater, maintenance, etc. need to
learn about and be tested on the NIMS incident command strategies. The training is available online. Kirkland
will send out the sheets for giving answers for the final exam and note the website URL. Cox asked what the
penalties would be if they either failed the test or didn’t do it. Kirkland will find out. Burton encouraged
everyone to do the test.
Plant Manager's Report. Dave Alberts handed out his report. The Wastewater Committee approved three
items at its last meeting: a new cap with storage compartments; they'll need to sell the old one, which is for sale
at $700. For any Village property under $1,000, the notice has to be posted in three locations, which has been
done. However, Wastewater would like approval from the Board to put an ad in the Door Reminder.
Wastewater recommends investing in the new cap; Burton asked what fund it would come out of. Alberts said
Contingency. Nelson moved
to approve Wastewater’s request to advertise in the Door Reminder to sell the old cap.
Sherman seconded. All ayes.
Wastewater Committee Report. The Wastewater Committee also approved setting aside profits from water
testing to be used for purchasing/repair of water lab equipment. Alberts feels the water budget is starting to
grow; last year there were 500 tests, and now we have 589. He feels he can expand the water lab even further.
Nelson asked if it'll be a separate item on the Chart of Accounts for “water lab equipment.” Kirkland said it'll
be a separate pool account to keep individual track of it. Burton asked if everyone's comfortable with it. Burton
to approve the recommendation to set aside water testing profits to go back into the water lab.
Nelson seconded. All ayes.
Alberts said that Karen McMurtry will try to arrange a meeting with the Gibraltar Wastewater to renew the
Gibraltar Agreement, which expires in 2007. Burton noted that quite a bit of income is derived from it; Alberts
said it’s $80-90,000. We need to start thinking about renewing it now.
Alberts handed out a photo where the new sewer line settled a little and there was an incident where pavement
collapsed slightly; it has been fixed. The new telemetry on North Shore Road is in to monitor pressures; if the
pressure falls, it automatically calls their cell phone to warn Wastewater. It automatically sends an e-mail
every couple of days that things are OK. They saved $10,000; it cost only $5,000 and may increase slightly.
Alberts gotten an easement from Carl Lenz on North Shore to put the telemetry connections there; the
landscaping will be cleaned up this spring to please the owner. Burton said the easement understanding should
be in a memo form; Nelson suggested writing a letter thanking Lenz for the support, which would suffice as a
confirmation on the agreement. There are 25 or 26 grinder pumps on that line; the cost is reasonable for this
assurance. Kirkland asked if the lines maintain constant pressure after everyone leaves for the season; Alberts
said it should remain constant. Nelson asked when the stations went in; Alberts has been working on it all fall,
and it's now completed. In the main line, there are two curb stops that come to a “T” and a screw-on cap; one
curb stop is broken/rusted, so it can't be opened. They'll try to free it but they'll have to dig it out if they can't.
Burton said they might stage a leak in the spring as a test run to make sure it's working.
North End Updates. Energenics rewired the starters on December 5th with no failures. The hatches are
complete. Mead & Hunt is pushing for the final sign-off, but Wastewater wants to run a few more tests. There
will also be a 2- or 3-year extended warrantee in writing. Kirkland said that with the last bill from Advanced,
the amounts weren’t broken down into categories for grant eligibility; she asked them for details but hasn't
heard from them.
Alberts reported that there was a Pine Grove sewer incident report re: swimming pool dumping into the sewer
lines. Also Lowell & Betsy Wolf's demolition; he has requested that they cap the sewer lines as previously
discussed with them. As far as the Plant itself, they’re waiting for several parts. The lift stations have some
work left to do but should be finished by the end of the month. Brad passed the phosphorus test; Don just
missed it but will try again in spring. Alberts noted that it's his one-year anniversary as Plant Manager. The
Board hailed this milestone.
Bills to Be Paid. Paulson noted that the Mulliken matter is pushing $6,000 in legal fees now; having read the
Board of Appeals report, he feels it never should've gone that far. Mulliken was seeking relief from the
ordinances and nothing to do with land use or property hardship; it needs to be noted that his actions caused this
substantial cost to the Village.
This dovetails to whether we should charge back for these kinds of costs at Board of Appeals. Nelson said there
was no fair way to preemptively charge. Paulson said in the judicial system they deal with assessing court
costs, penalties; you don't want to raise a barrier to legitimate causes, but you don’t want frivolous appeals,
either. Right now, the ordinance allows anybody, for any reason, to come to Board of Appeals; Paulson felt the
attorney might look at ways to tighten the ordinance. Kirkland said she's not sure you can deny anyone going to
Board of Appeals; she'll ask Kalny about it.
Paulson suggested preliminary hearings to see if the issue has merit. Cox asked if someone can skip the Board
of Appeals and go right from Plan Committee to court? The general sense was that it has to go through Board
of Appeals; Kirkland will find out. Also, she noted that there's a time limit: After Board of Appeals rules, the
court has to be notified within 30 days if someone is going to take it further.
Burton felt that Board of Appeals is prudent, and considering there were threats of going to court in this
particular case, the Village had to protect itself with a paper trail that's legally defensible. Although it might
look like “too much spent on too little,” it was insurance against a bigger future cost. He still feels there should
be a way that some of the cost could be billed back to the applicant. Paulson restated that the Mulliken issue
wasn't related to the land; it was related to not wanting to comply with the current ordinances, which is not a
Board of Appeals issue. Burton felt there can be interpretation problems; Sherman agreed, stating that having
the attorney there was helpful, because the Board of Appeals could then question their decisions and
interpretations. Sherman felt everyone felt the decision was made in accordance with the ordinance.
Nelson is still in favor of having Kalny look at the general situation re: disproportional costs and see if there's
any procedure or ordinance that the Village can put in place to identify legitimate complaints and shortcut the
procedure; if they want to go ahead, it's on their nickel and not the taxpayers'.
Burton asked about other concerns on Bills to Be Paid. Kirkland said there wasn't anything out of the ordinary;
many end-of- year bills. Kirkland said some categories are over budget but some are under, and no one category
is close to the max for the year. It looks like we'll have the right amount of money to carry over.
to approve the Bills to Be Paid as presented.
Nelson seconded. All ayes.
Treasurer's Report. Nancy Goss is out of town, so her report has to wait.
Ephraim Library. Burton said it costs $35,000 a year to run the library; is that correct? Jane Olson said that
figure came from the County. Fitzpatrick said it's the projection for 2007; this next year would be $14,460 if
they were to give six months' notice and then close it. Olson said she's not sure what they can do as a
committee without meeting with the Board. Burton said we could go to Becca Berger and say, “If we came up
with half the amount, could we keep the library open?”
Kirkland is still wondering about what we get for the $900,000+ sent to the County? Burton said it's the
highways, the courthouse, etc., but Cox noted it's not much locally. Cox pointed out that Egg Harbor, Fish
Creek, Baileys Harbor libraries are also in jeopardy. Is Sister Bay going to be able to handle the excess lo ad of
Northern Door if the others close? Cox talked to Roberta Champeau, and she said it's only about $250 a month
dues to belong to the library system/Owl's Net for ordering books. Nelson asked if the budget problems are
strictly the librarian/labor issue. Burton noted that Sister Bay is understaffed. Next year's budget is going to be
grim. Cox said that due to the spending spree of the County, now they're caught; who's going to pay? They’re
going after the small items like the libraries that can't fight back. Cox doesn't believe they're doing all they can
to help us out; County Q and Bill Schuster are the only portions Ephraim can take advantage of other than the
Sheriff’s Dept coverage. There's no County money for an EMS, our airport, etc. Burton said that Cox might sit
down and talk to Jude Genereaux about the budgeting process and come back to report to the Board. Cox said
we should invite her to visit the Board. Burton agreed; Kirkland will invite her.
Walt Fisher went to the November Library Board meeting; Jude was there and suggested how the library budget
could be improved by closing Ephraim; this had been talked about many years. The Library Board did not
decide to let the librarians take 5 days' unpaid leave; that money was put back into the budget, but it was
determined that for 2007, the budget will be $35,000 short if they keep Ephraim open. They feel Ephraim's
library would be easiest to close, but Fisher asked the Library Board and Berger (who says she's committed to
the branches) to give an official commitment to keeping the branch library system. If they do so, a group
similar to Friends of the Library would do some fund-raising, and the other Villages should cooperate in this,
because they'll be next.
Kirkland said Jude talks about unemployment in the winter; she doesn't understand why they don't have two or
three full-time librarians with staggered hours so they don't have part-timers with unemployment. Linda
Malmgren said she's not aware of anyone who collects unemployment when the hours decrease, but it was
noted that you can get unemployment for lesser seasonal hours. Linda said the staggered hours is a scheduling
headache, but it could be done; the other strategy is not having to pay as many benefits (health insurance, etc.) if
they're not full-time. Her own benefits, she has to pay into health insurance; full- time employees only have to
pay 10%. The library staff has to pay more, and deductibles will be increased; they're not union contracts.
Burton asked Linda if the Library Board is committed to a branch system; her sense is that the Library Board is
in favor of branches philosophically. But Ephraim is first to go because we have the lowest population served
and lowest circulation statistics. Kirkland asked about a user fee for visitors; Linda said that State statute is free
public access and doesn't say that it has to be a resident. Other states do charge, but Wisconsin has to be free.
Linda agrees with Fisher: All the branches should get involved and have a grassroots movement of saving the
libraries. Ultimately, it's the State legislature that's holding back money; they should be lobbied. Burton
agreed. Olson said being realistic, we have only five to six months to come up with a resolution; by July, we
have to present something to the Board in August for their budget.
Cox asked the real costs for labor for our branch: If the communities pick up the labor costs and the County
picks up the physical/logistics/networking costs, that might work. Linda said in 2003, the County prepared a
sample branch workup using Ephraim, and she said the librarian salary/benefits for 2004 was $25,653.
Projected savings to close the branch in 2004 was $30,737. Now it's about $35,000 in 2007. Nelson asked if
the Ephraim branch was closed, would Linda be moved to another system? Linda said until two weeks ago,
yes, because there's no seniority; Kirkland said Jude told her that Linda would be absorbed, but that doesn’t
make sense because where’s the money savings then? Perhaps Linda could be transferred from library benefits
to Village benefits. Recently, Linda was told the savings was her salary, so moving her was not going to help.
However, she said a position has opened in Sturgeon Bay library, so she could move there. Job-sharing in
Sturgeon Bay could be rerouted to Ephraim. There are hidden costs for support staff in the headquarters,
technical services, book processing, getting it shipped to the library. If you went independent, you'd have to get
two part-time people or one full- time to do all that work. Kirkland asked how many new books come in every
year? Linda said there's a budget of $3,334 (2003); that has gone down because the percentage of Ephraim
circulation to the whole County is the percentage in budget dollars; it used to be 3% and now it's 2.59% to
match the circulation.
The Library Board was interested in Van deVen's idea of a traveling librarian but it hasn't been formally
discussed. Dick said if you look at the last budget and current, the only increase is in salary and fringe benefits.
Job sharing and attrition are key to reducing the budget enough to keep Ephraim, as is fund-raising among
municipalities. The Village is also paying utilities and maintenance. Paulson said the other Villages have to
watch their backs if Ephraim goes down. Ephraim is 2.59% of total circulation, 4% in Egg Harbor, Fish Creek
and Washington Island; it'll be a domino effect.
Fisher said the Board of Supervisors makes the Library Board dependent on them for funding; Berger doesn't
want to stir the waters. The Board of Supervisors doesn't mandate libraries; we have to keep the pressure on the
Board of Supervisors. Runquist as our representative is very supportive and represents two libraries. Dick said
Runquist served on the finance committee and he voted for closing the Ephraim library, but he subsequently
changed his mind publicly. Fitzpatrick noted that we don't really know what went on at the meeting; most of
the supervisors are not fans of the branch library system. Paulson said that energy, unions, mandated items are
going to get the money first; Kirkland asked if the County has gotten creative with communities, such as
“special charges” on the taxes for recycling, etc., which takes it out of the tax roll that gets caught up in the cap.
Kirkland agreed with Cox that we have no county services to speak of; Burton said this point was made to the
Board of Supervisors, and nobody really reacted. Cox explained that Liberty Grove has its own highway crew
and equipment. They pay the most into the County tax system of all local governments, but they choose to not
participate with the DC highway department; will we have to figure out some way to help fund it? Current
librarian hours are 22 in the summer, 14 hours a week off- season.
Cox and Nelson felt we should position ourselves for fund-raising. Cox said what if we do it just for our
library; the fire department letter generates a lot, and people could rally. Fisher said at the last meeting, Jude
and Berger were asked if a Village should decide they want to fund-raise for their own library, could it be done?
No one wanted to make a total commitment but they said they were sure that legally it could be made possible.
Burton felt it would take organization and effo rt. Kirkland said if we offered to pay salary and benefits, it
wouldn't come off the County tax bill, even though that's the way it should happen. Fisher still feels strongly
about the fund-raising and that fund-raising would work with all the patrons in Door County; he feels it could
be continued year after year.
Nelson felt we could start raising money and see if it's viable, in five years it might be $100,000 for all
endangered branches. Burton is willing to support efforts to organize and initiate a fund-raising campaign to
see where this takes us. Linda said there is a Friends of the Library for the entire system, based in Sturgeon
Bay, but most of their active members are in Sturgeon Bay. So she felt we not only need our own Village group
but that we need to participate in the Sturgeon group as well.
to go on record to support an effort by the friends of the Ephraim Library to organize an effort, fund-
raising or otherwise, to ensure funding of the Ephraim Library in 2007 and beyond.
Nelson seconded. He asked if there is a Friends of Ephraim Library. Linda said no, but a new group would be
titled something different. Olson said there is a sub-committee to help organize this, but they're unsure what
parameters we have; does the Board have to approve things? Olson said there has to be some guarantee that the
Village can pitch in money at some point; Burton said our budget period hasn't begun—the 2006 money is set
aside already. The 2007 budget won't be discussed until October. Fitzpatrick said the Library Board meeting
will have this on the agenda every month; could the Village Board write a letter asking that question to make it
official? Then the Library Board would have to rule on it. Linda said Berger can come to one of the Ephraim
Village Board meetings; Burton agreed.
Kirkland asked if we can also look at grants? Linda isn't sure. Nelson said Kalny could let us know what we
can do legally. Linda said there's a Library Foundation; the Library Board administers that mo ney, but it's for
enhancements only, not basic services. Burton said the first thing the committee should do is pull together a
newsletter, which the Village could send out and see what kind of response you can solicit. However, the Board
can't organize the effort; it has to be grassroots, even though we stand behind it.
Cox asked that the library committee keep Kirkland informed monthly with meeting summaries (any in the
library system) so that the Board, in turn, can be informed. Jane Olson will be going to the next meeting. Marc
called the question. All ayes. Kirkland will look at the “free public access”; is it just access to visiting the
library or checking out books that’s the “free access” party? Alberts suggested putting the library effort on the
Brilliant Cities Franchise Agreement. Kalny is suggesting a five- year agreement instead of 15; Brilliant
Cities said some have as long as 25 years. Kirkland questions including Internet services revenue; we don't get
revenue from Charter Internet, as they said it’s considered different from cable TV service because it's two-way
communication as is phone. He posed the question whether we could collect a percentage legally from Internet
services. Burton doesn't think any company does that.
Fisher said it's an excise fee with Brilliant Cities; Linda said that Forestville is charging 3% to support their
library. Burton said the excise fee is an interesting possibility. Kirkland will double-check with Kalny and ask
the clerks' network about this kind of package deal and see if anyone gets fees on other than cable TV service.
Kalny included a long section on rights of privacy, etc., and it's to protect our interests; the language might be
from the Sister Bay version or may be Kalny's own. Kirkland will ask. Kirkland asked if we should we set up a
negotiations session with Brilliant Cities? They won't go ahead with further planning until they have an
agreement in place, even though they have a general plan. Sturgeon Bay, Forestville have signed; nobody in
Northern Door has signed. Burton's not inclined to do much until we get a copy of Sister Bay's final draft.
Brilliant Cities wasn't happy with their last draft, Kirkland said.
Cox likes the idea of competition and feels the residents deserve it; this is a major threat to Charter, so this
competition might encourage them to compete in service and price. He doesn't want it to drag on for a couple
years. Sherman asked if we wait until Sturgeon Bay is up and running, it's all speculation; many are signed up
for five years for Charter. Nelson said when they’re expecting to have service up here. Paulson said they're
running lines now, but if we don't sign it, they'll go by us. Kirkland said they were originally up and running in
May; now it's pushed back again. Burton suggested looking at Sister Bay's and then trying to move ahead;
Burton felt we'd have to settle for 10 years. Cox said there’s the risk of Brilliant Cities selling out to a larger
company; Burton said it's covered in the contract. The general feeling is that a 10-year contract with a five-year
review is fair. Cox said we're tied into Charter five years but we're not tied into Charter for Internet and we're
not tied into Verizon. Kirkland noted that Brilliant Cit ies might help the businesses sign up by buying out the
Charter contracts or giving them a break. Paulson said we can look at Forestville and Sturgeon Bay and see
what they're satisfied with; Nelson said to have Kalny look at Sister Bay's contract and see what they have but
also the agreements that have already been signed as comparison. Paulson added that we need to look at our
Charter contract for comparison, because we were satisfied with that when we signed.
Burton said he'd like a full draft to look at, suggestions incorporated.
Update on New Park (Harborside). Buettner and Associates sent a new drawing according to the last
meeting's suggestions. The engineer looking at drainage will be working with Dennis Buettner on it. Fisher
said his only question is the committee felt the purpose of the gazebo would be similar to Sister Bay's for people
to sit, etc. Will it be appropriate for summer concerts? How does that work with the landscaping? Cox felt
that's something the Committee can decide. Kirkland will give Fisher extra copies of the color plans; Cox
suggested that the sub-committee meet after the first of the year.
DOCKS AND COASTAL MANAGEMENT
Cox had talked to Mittermann, and if there's no objection, there's room in the budget to start work immediately
on the South Dock at the Firehouse. They could use Patrick Johnson to do some of the work, and he's on winter
hours. The total’s already been budgeted. Kirkland said if he ends up working more than three-quarters time,
the Docks would have to pay more of his health insurance. The loaded labor rate includes benefits, except for
tipping the balance of what Patrick has to pay on health insurance; it would come out of the Docks budget.
Burton asked if anyone has problems with it. Cox said if it takes two guys, Mittermann or Skippon could do it
and it could be charged to the Docks budget. Using Patrick would keep the other staff on task for their own
winter projects. Kirkland said as long as it didn’t detract from the other projects the y have, as the list continues
without some things getting done.
Kirkland said she gave Lindstrand a memo re Nancy Christofferson asking if they're dredging by their slip. It
was discussed that our easement agreement said we're responsible for dredging but that we can also choose
whether or not to do it. Kirkland said the Christoffersons felt that with retaining 1/99th ownership, they could
work with the DNR. Cox stated that there's nothing in the plans at this time to dredge their slip. Kirkland said
that Mike Walker’s email today was noting the Village is still paying taxes on that piece of property because we
don't totally own it; there's personal benefit to the 1/99th owner. Taxes are $2,494; we charge back the 1/99th,
but that's just $40, and now they're asking for dredging. Maybe the attorney should get involved again. Walker
said it means the benefits of owning a personal property may outweigh a personal ownership expressed; why
would you, as a beneficial owner, change a thing if you have a good deal? Paulson said if we dredge it, it'll
increase the value of it and increase our taxes, so why should we do that? Paulson said the Village Board might
be willing to listen to a change in the legal relationship and, at that point, we might put it in the plans to dredge.
Burton asked that Kalny be aware of it, and that the Christoffersons should be told there are no plans to dredge.
Administrator/Clerk Report. Kirkland sent out the report. Shoreline grant money will be coming soon;
however, it’s in the grant that we'd have four picnic tables, four benches and we'd be reimbursed for 50% of the
cost, but Mike Mittermann bought materials for only two benches and hasn’t built them. There were two
benches donated, but we've technically lost grant money. Cox asked if the Maintenance guys knew about this?
Kirkland said yes, and the plan was to do them last winter; they knew a grant was involved.
Cox wanted to set the Physical Facilities meeting for Wednesday afternoon at 4:30 right after the first of the
year to prioritize this type of project. They can give a report at the January Board meeting.
Kirkland added that she'll be in Sturgeon Bay tomorrow for election training for the Help America Vote act
from 8 a.m. to 5 p.m. She's getting ready for year-end, and the accountant has started reports.
Monthly Zoning Administrator Report. Goss is out of town; this report will wait.
Personnel Handbook re: Computer Use. Kirkland noted that the only changes discussed already are that
John suggested we take out “against other opponents” on playing Internet games. Cox also asked if the rules
should spell out some discipline process. Kirkland said the discipline process was taken out, as per Kalny, since
Wisconsin is an “at will” employer, so we can't lay it out that way. Sherman suggested the wording: “further
disciplinary action, up to and including dismissal.”
Nelson asked what is considered “excessive personal use.” Paulson felt “excessive” is at the discretion of the
Personnel Committee; Nelson is comfortable with that. Item #5 spells out how the Internet could be used; those
have limits. Cox said the Village has a right to monitor computers; Kirkland said she has done that on occasion
but not Mittermann’s, which has a password on his computer. She doesn’t have the Plant’s password, either.
Cox said all Village computers need to be accessible. The Village Administrator should have all passwords;
that's standard in business. Burton suggested adding that to the handbook.
to have all Village computers be password protected and that the passwords be securely kept with the
Nelson seconded the motion. All ayes.
Burton is comfortable with the revision and moved
to accept the revision of the handbook as amended.
Nelson seconded. All ayes. Burton will sign the revised version of the handbook when it’s ready.
Airport - Hangar Lease, Bill Received, Personal Property Tax Issue. The Gaglianos have a standard lease
that needs approval. Cox moved
to approve the Gaglianos’ airport lease.
Burton seconded. All ayes.
Kirkland said Gibraltar double-added something into their bill so our deficit looked larger; the bill is now only
$6,000 instead of $9,000. Kirkland still feels we shouldn't be paying that; Gibraltar is keeping all those
personal property taxes on the hangars, which is jointly owned property with the Village, but they're not putting
it back toward the airport expenses. We should be sharing that money; Kirkland said it could be as much as
$6,000 a year in total once all the new hangars are built. Burton moved
to write Gibraltar to send another bill after they've subtracted 50% of the property taxes.
Cox seconded. All ayes.
Moving of the Historic Preservation District Section to area of the ordinances with the other districts
listed (housekeeping), and set for public hearing - Bed & Breakfast changes/definition. Kirkland said it's
not a change in the District section, but moving that entire language from under Design Review into the District
Section. It's a housekeeping move. Burton moved
to set it for public hearing.
Cox seconded. All ayes.
There was a problem with the Historic District written in ’91; “half-acre required for new construction,” but it's
really 10,000 square feet in that district elsewhere in the ordinance.
Also, when talking about allowing bed & breakfasts (four units or less) in less than an acre, which hadn't been
allowed previously. This took it to a half-acre for a B&B or commercial transient for four units or less.
Mulliken's complex says “bed & breakfast” but he didn't build it as a B&B. They did say “no new transient
lodging construction on less than half an acre.” The definition of B&B by the State is attached: The owner has
to be resident, no meals other than breakfast can be served, and it has to have been originally built as a single-
family residence. Nelson said the State defines it as “eight or fewer units”; Kirkland explained that the Ephraim
ordinance, it says “four units or less” because that’s for a smaller parcel than we normally allow CTL. Burton
to set this for public hearing.
Nelson seconded. All ayes.
Henry Isaksen wants to use the Village Hall for a meeting on information of retention of village character and
development, and he also asked for a Village donation to bring Ed McMahon from the Urban Land Institute up
to talk about it. It was generally felt that any information was good and could be used to support future Board
positions on historic values.
Burton moved to
support bringing Ed McMahon up for $250 and throw in the use of the Village Hall.
Nelson seconded. All ayes.
The Green Bay Press Gazette recently reported that Ephraim is eyeing Premier Resort Tax. Kirkland stated that
Rep. Gary Bies has introduced it as a Bill, and it has gone to the Tourism Committee. We'll see what happens.
Plowing. Cox brought up plowing. We have a list of items that need to be done around the Village, but the
Maintenance guys are spending time plowing parking lots that nobody uses. Cox said the Firehouse lot does
have to be kept open because there are projects going down there. If we have a Village Hall event, go in and
plow the Harborside lot; otherwise, it shouldn't be done. This comes up every year, Cox said, and they go back
to plowing every year. Cox said the priority is the Village Administration building, the Fire Department, Sewer
facility and the Village Hall….and the strips necessary to go down to the water at both docks for the Fire
Department use. This winter the Firehouse Dock needs to be plowed, however, because of the work being done
Kirkland says that she tells them that the Board doesn't want them plowing everything; Paulson noted that there
are no consequences for not doing it. Burton said they should be informed that their salary increase should be
based on performance. Nelson felt there may need to be a written record in the personnel file if things are done
that are specifically told not to.
Cox said that at the January Facilities meeting, they'll bring them all in and tell them what the Board instructs.
Burton said their responsibilities should be done according to a priorities list. Sherman asked about a weekly
project list; Cox agreed that it should be broken down weekly. Kirkland said on their timesheets they write
what they do every day but they're not specific enough.. “small jobs,” etc. By the January Board meeting, Cox's
committee will have an accountability program in place.
NEW BUSINESS FOR NEXT AGENDA
COMMENTS/SUGGESTIONS FROM CITIZENS PRESENT
MOTION TO ADJOURN
Burton moved to adjourn at 9:45 p.m. Nelson seconded. All ayes.
END OF 2005 BOARD MINUTES