Village of Mount Horeb 138 E Main St Mount Horeb, WI 53572 Phone (608) 437-6884/Fax (608) 437-3190 Email: [email protected]Website: www.mounthorebwi.info REVISED VILLAGE BOARD WEDNESDAY, DECEMBER 6, 2017 The Village Board of the Village of Mount Horeb will meet on the above date at 7:00pm in the Board Room of the Municipal Building, 138 E Main Street, Mount Horeb, WI. Agenda as follows: 1) Call to order Pledge of Allegiance Roll call 2) Public Comments – non-agenda items 3) Consent Agenda: a) November 1 and November 29, 2017 Village Board minutes b) Operator's License for approval: Emma Harris, Hannah Culberson, Dawn Graber, Logan Steiner, Gina Gauger, Ashley Bentley c) Certified Survey Map for Springdale 2 LLC for 1720-28 Springdale Street w/Village Engineer requirements added d) Appointment of 2018-2019 election officials e) Pay Request No. 1 2017 Front Street Improvements 4) Consider waiver of impact fees for JT Klein project 5) Consider Resolution 2017-17 "RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $16,750,660 SEWERAGE SYSTEM REVENUE BONDS, SERIES 2017, AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO" 6) Consider Resolution 2017-16, "A RESOLUTION AUTHORIZING THE SUBMISSION OF A WISCONSIN DEPARTMENT OF TRANSPORTATION FACILITIES FOR ECONOMIC ASSISTANCE (TEA) GRANT APPLICATION" 7) Consider Resolution 2017-14, "BUDGET AMENDMENT" 8) Consider Ordinance 2017-09, "AN ORDINANCE AMENDING SECTION 3.10 OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT HOREB RELATED TO THE COLLECTION OF A TAX ON OVERNIGHT LODGING"
WEDNESDAY, DECEMBER 6, 2017 The Village Board of the Village of Mount Horeb will meet on the above date at 7:00pm in the Board Room of the Municipal Building, 138 E Main Street, Mount Horeb, WI. Agenda as follows: 1) Call to order
Pledge of Allegiance Roll call
2) Public Comments – non-agenda items
3) Consent Agenda: a) November 1 and November 29, 2017 Village Board minutes b) Operator's License for approval: Emma Harris, Hannah Culberson,
Dawn Graber, Logan Steiner, Gina Gauger, Ashley Bentley c) Certified Survey Map for Springdale 2 LLC for 1720-28 Springdale
Street w/Village Engineer requirements added d) Appointment of 2018-2019 election officials e) Pay Request No. 1 2017 Front Street Improvements
4) Consider waiver of impact fees for JT Klein project
5) Consider Resolution 2017-17 "RESOLUTION AUTHORIZING THE ISSUANCE
AND SALE OF UP TO $16,750,660 SEWERAGE SYSTEM REVENUE BONDS, SERIES 2017, AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO"
6) Consider Resolution 2017-16, "A RESOLUTION AUTHORIZING THE SUBMISSION OF A WISCONSIN DEPARTMENT OF TRANSPORTATION FACILITIES FOR ECONOMIC ASSISTANCE (TEA) GRANT APPLICATION"
8) Consider Ordinance 2017-09, "AN ORDINANCE AMENDING SECTION 3.10 OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT HOREB RELATED TO THE COLLECTION OF A TAX ON OVERNIGHT LODGING"
9) Update on IMEPC (InterMunicipal Energy Planning Committee)
10) Committee reports: a. Mount Horeb Area Chamber of Commerce b. Mount Horeb Area Joint Fire Department c. Library Board d. School Liaison e. Parks, Recreation, and Forestry Commission f. Plan Commission g. Public Works Committee h. Public Safety Committee i. Finance/Personnel j. Utility Commission k. Dane County City & Villages Association l. Public Safety Building Committee m. Tourism Commission
11) Village President's report
12) Village Administrator's report
13) Village Clerk/Deputy Treasurer's report
14) Consider term sheet from Steve Grundahl for TID #5 assistance for project
at 108 S Second Street. The Village Board may convene in closed session as authorized by Section 19.85 (1)(e) of Wisconsin Statutes for purposes of the investing of public funds.
15) Consider Development Agreement for JTKlein Inc for proposed 40-unit senior affordable housing. The Village Board may convene in closed session as authorized by Wisconsin Statute Section 19.85(1)(e) for purposes of the investing of public funds.
16) The Village Board may reconvene to open session for any discussion or
action on the subject matter discussed in closed session.
17) Adjourn
UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR INFORMATION OR TO REQUEST THIS SERVICE, CONTACT ALYSSA GROSS, CLERK, AT 138 E MAIN STREET, MOUNT HOREB, WI (608) 437-6884.
11/01/17 Village Board Meeting Page 1
VILLAGE OF MOUNT HOREB VILLAGE BOARD MEETING MINUTES
NOVEMBER 1, 2017
The Village Board met in regular session in the Board Room of the Municipal Building, 138 E. Main Street, Mount Horeb, WI. Call to Order/Roll Call: Village President Littel called the meeting to order at 7:00pm. Present were Trustees Czyzewski, Monroe, Scott, Goltz, Grindle, and Pakkala. Also present were Administrator Owen, Assistant Administrator Hagen, Clerk/Deputy Treasurer Alyssa Gross, and Village Attorney Bryan Kleinmaier. The Pledge of Allegiance was recited. Public Comments: Vaughn Pakkala voiced his concerns about leaf pickup in the Village. Consent Agenda: Monroe moved, Czyzewski seconded to approve the following consent agenda items: October 4, 2017 Village Board minutes; Operator’s Licenses for Jaqualyn Ryddner, Kimberly Schindler, Alicia Zantow; Temporary Operator’s License for Acorns LLC for December 1, 2017 event. Motion carried by unanimous voice vote. Scott moved, Monroe seconded to move the Veteran’s Memorial request up to the next item. Motion carried by unanimous voice vote. Consider request for a Veteran’s Memorial: The Board discussed the location for the request. Don Hartman, spoke on behalf of his fellow members of the Veterans of Foreign War Post #9511, American Legion Post #113, and Wisconsin Vietnam Veterans Chapter 4. Many members were present as well. Hartman spoke about their mission and their proposed plan for the memorial. Goltz moved, Monroe seconded to put a one-year moratorium on the sale the parcel they’re looking at. Motion carried by unanimous voice vote. Czyzewski moved, Monroe seconded to move the Chamber of Commerce request up to the next item. Motion carried by unanimous voice vote. Consider request for Mount Horeb Area Chamber of Commerce to use Village lands for Troll Mountain Project, and update on the project: Tim Killinger and Craig Kittelson gave an update on the Troll Mountain Project and presented the request on behalf of the Mount Horeb Area Chamber of Commerce to use Village lands for the project. ACTION? Consider Resolution 2017-13, “RESOLUTION AUTHORIZING THE ISSUANCE OF $6,800,000 GENERAL OBLIGATION PROMISSORY NOTES AND THE ISSUANCE AND SALE OF A $6,800,000 NOTE ANTICIPATION NOTE IN
11/01/17 Village Board Meeting Page 2
ANTICIPATION THEREOF” related to construction costs for the Public Safety Building Project and TID #5 improvements: Kevin Mullen of Hutchinson Shockey, financial advisor for the Village, explained the notes. Monroe moved, Scott seconded to approve Resolution 2017-13. Motion carried by unanimous voice vote. Update on TID #5 financing: Mullen gave an update on the financing. No action was taken. Consider “INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION, OWNERSHIP, ADMINISTRATION, AND OPERATION OF A PUBLIC SAFETY FACILITY” between the Village of Mount Horeb and the Mount Horeb Area Joint Fire Department: Jenny Minter, Deputy Chief of the Fire Department and EMS, was present to answer any questions. Grindle moved, Czyzewski seconded to approve the agreement. Motion carried by unanimous voice vote. Consider Ordinance 2017-08, “AN ORDINANCE CREATING SECTION 17.625 OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT HOREB RELATED TO THE REGULATION OF TOURIST ROOMING HOUSES”: Littel and Owen explained the ordinance. The Board had a lengthy discussion on the duration of stay and locations of parking. Larry Hefty and Steve Grundahl voiced their concerns about the regulations. Monroe moved, Czyzewski seconded to approve the ordinance with the following changes to page 3: Strike off “off-site parking or” located under #7; a minimum of 2 days instead of 7, located under #8; and add a line to say “parking will be evaluated on a case by case basis”, located under #10(v). Motion carried by unanimous voice vote. Consider revision to Village Ordinance 3.10 Collection of Tax on Overnight Lodging, and set public hearing: Czyzewski moved, Monroe seconded to approve the revisions. The Board set the public hearing for December 6th at 7:00pm. Motion carried by unanimous voice vote. Update regarding downtown parking: Czyzewski update the Board on the discussion held at the Joint Public Safety/Public Works meeting about downtown parking. Update on IMEPC (Intermunicipal Energy Planning Committee): Czyzewski did not have an update, as they were not able to meet this past month. 2018 budget presentation and set public hearing for November 29, 2017 at 6:00pm: Owen presented details of the budget. The Board set the public hearing for November 29th at 6:00pm. Committee reports: Committee reports were heard with none requiring Village Board action. Village President’s report: Littel did not have anything to report.
11/01/17 Village Board Meeting Page 3
Village Administrator’s report: Owen did not have anything to report. Village Clerk/Deputy Treasurer’s report: Gross reported on the most recent electric disconnections. Consider request for TIF #4 incentives for proposed Oak Ridge Senior Housing Project from JTKlein Inc. The Village Board may convene in closed session as authorized by Section 19.85 (1)(e) of Wisconsin Statutes for purposes of the investing of public funds: The Board decided they did not need to convene to closed session for this item. Czyzewski moved, Grindle seconded to move forward with the development agreement. Motion carried by unanimous voice vote. Consider term sheet from Steve Grundahl for TID #5 assistance for project at 108 S Second Street. The Village Board may convene in closed session as authorized by Section 19.85 (1)(e) of Wisconsin Statutes for purposes of the investing of public funds: Steve Grundahl presented an overview of his project. Czyzewski moved, Grindle seconded to convene to closed session at 9:19pm. Motion carried by roll call vote. The Village Board may reconvene to open session for any discussion or action on the subject matters discussed in closed session: The Board did not return to open session as no action was necessary. Adjournment: The Board adjourned the meeting in closed session on motion by Monroe, seconded by Pakkala and carried at 9:39pm. Minutes by Alyssa Gross, Clerk/Deputy Treasurer
VILLAGE OF MOUNT HOREB SPECIAL VILLAGE BOARD MEETING MINUTES
WEDNESDAY, NOVEMBER 29, 2017
The Village Board met in special session on the above date in the Board Room of the Municipal Building, 138 E Main Street, Mount Horeb, WI. Call to Order/Roll Call: Village President Randy Littel called the meeting to order at 6:00pm. Present were Village Board Trustees Steve Grindle, Cathy Scott, Brenda Monroe, and Ryan Czyzewski. Trustees Mike Goltz and Vaughn Pakkala were absent. Also present were Village Administrator Nic Owen, Clerk/Deputy Treasurer Alyssa Gross, and Assistant Administrator Kathy Hagen. PUBLIC HEARING: 2018 Operating Budget and 2018-2022 Capital Improvement Plan: Owen went through a few details of the budget. The public hearing opened at 6:00pm. With no one wishing to speak, the public hearing closed at 6:01pm. Consider Resolution 2017-15, A RESOLUTION ADOPTING THE 2018-2022 CAPITAL IMPROVEMENT PLAN: Scott moved, Czyzewski seconded to approve the 2018-2022 capital improvement plan. Motion carried by unanimous voice vote. Consider Resolution 2017-12, A RESOLUTION ADOPTING THE 2018 BUDGET AND AUTHORIZING A LEVY AGAINST TAXABLE PROPERTY: Czyzewski moved, Grindle seconded to approve the resolution. Motion carried by unanimous voice vote. Adjournment: There being no further business before the Board, Monroe moved, Czyzewski seconded to adjourn the meeting at 6:03pm, carried by voice vote. Minutes by Alyssa Gross, Clerk/Deputy Treasurer
ELECTION INSPECTORS 2018-2019
Duane Aavang
Delores Ace
Anthony Anthony
Rachel Auerbach
Laurie Bartolini
Lee Bartolini
Laurie Boyden
Susan Brice
Linda Bullette
Karen Bunke
Molly Catherine Byrne
Audrey Campbell
Michelle Campbell
Roberta Chappell
Terry Chappell
Paula Craft
Stephen Cummings
Theresa (Teri) Cummings
Dawn Dorning
Beth Elver
Joan Fargo
Neal Fargo
Polly Field
Michelle Fjellman Hess
Sarah Fleming
Robert Frame
Brenda Fritz
Ann Ganch
Mary Jo Gundlach
Marlene Harley
William Harley
Steve Haroldson
Dianne Haskins
Wayne Haskins
Dean Hefty
Jeanne Hefty
Mark Johnson
Ellen Kirch
Patricia Leavenworth
Marie Martini
Doug McFarlane
ELECTION INSPECTORS 2018-2019
William Mensing
Lynn Messinger
Carol Miller
Mary Ellen Miller
Gail Morton
Barb Ott
John Ott
Tom Pedretti
Julie Plotkin
Lucille Ramshaw
Marshall Ruegger
Robert Schiefelbein
Ken Scott
Nancy Smith
Charlie Steinhauer
Lorraine Steinhauer
Mary Sutter
Wayne Sutter
Christine Tanzer
John (Jack) Temby
Judith Temby
James VandenBrook
Judith VandenBrook
Laurel Wanless
Roxanna Wendt
Carolyn White
Kathryn Zelle
Rebecca Zwettler
December 1, 2017 Nic Owen - Village Administrator Village of Mount Horeb 138 East Main Street Mount Horeb, WI 53572 RE: Pay Request No. 1 Contract 17-101, 2017 Front Street Improvements Dear Nic, Enclosed is Payment Request No. 1 from S & L Underground, Inc., for work performed to date on the above referenced project. Specifically, the work was associated with the Front Street Reconstruction. This payment request is recommended for payment in the amount of $280,681.15. A summary of the payment is listed below, and the detailed request has been attached.
ORIGINAL CONTRACT SUM $ 267,743.00 NET CHANGE ORDERS TO DATE $ 0.00 CONTRACT SUM TO DATE $ 267,743.00 TOTAL AMOUNT REQUESTED TO DATE $ 287,374.73 LESS RETAINAGE (2.5% OF THE FIRST 50% OF CONTRACT) $ 6,693.58 LESS GUARANTEE $ (-) NET AMOUNT DUE $ 280,681.15 AMOUNT OF PREVIOUS PAYMENTS $ 0.00 AMOUNT DUE THIS APPLICATION $ 280,681.15
If you have any questions, please do not hesitate to call. Thank you. Sincerely, SmithGroupJJR, Inc. Robert S. Wright, P.E. Village Engineer CC: S & L Underground, Inc. via Email
REQUEST AND CERTIFICATE FOR PAYMENT
PROJECT: Front Street Improvements CITY CONTRACT NO.: 17-101
OWNER: Village of Mount Horeb CONTRACTOR: S&L Underground, Inc. ENGINEER: SmithGroupJJR, Inc.138 East Main Street P.O. Box 167 44 E. Mifflin St, Suite 500Mount Horeb, WI 53572 Lodi, WI 53555 Madison, WI 53703
REQUEST NO. 1 REQUEST DATE: 11/14/2017
Request is made for payment, as shown below, in connectionPreviously Approved Change Orders: Additions Deductions with the contract. Continuation Sheet is attached.
The present status of the contract is as follows:
ORIGINAL CONTRACT SUM:……………………………………………..….. $267,743.00Current Change Orders: Additions Deductions
NET CHANGE BY CHANGE ORDERS:…………………………………………. $0.00
Net Change by Change Orders: $0.00 CONTRACT SUM TO DATE:……………………………………………………… $267,743.00
TOTAL COMPLETED TO DATE:…………………..…………………………….. $287,374.73
RETAINAGE: (5% of work completed until 50% complete)………………… $6,693.58
TOTAL EARNED LESS RETAINAGE:……………….………………………….. $280,681.15
LESS PREVIOUS CERTIFICATES FOR PAYMENT:………………………………… $0.00
CURRENT PAYMENT DUE:………………………………………………………… $280,681.15
Submitted by Contractor: Bill Pulvermacher Date: 11/14/2017
Recommended by Engineer: Date:
Approved by Owner: Date:
CHANGE ORDER SUMMARY
The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of work completed under the contract referred to above have been applied to discharge in full, all obligations of CONTRACTOR incurred in connection with the work covered by prior applications for payment numbered _0_ through _1_ inclusive (none); and (2) title to all materials and equipment incorporated in said work or otherwise listed in or covered by this application for payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests, and encumbrances (except such as covered by Bond acceptable to OWNER).
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CONTINUATION SHEET REQUEST AND CERTIFICATE FOR PAYMENT -CONTRACTOR'S SIGNED CERTIFICATE IS ATTACHEDPROJECT: Front Street Improvements CITY CONTRACT NO.: 17-101
OWNER: Village of Mount Horeb CONTRACTOR: S&L Underground, Inc. ENGINEER: SmithGroupJJR, Inc.138 East Main Street P.O. Box 167 44 E. Mifflin St, Suite 500Mount Horeb, WI 53572 Lodi, WI 53555 Madison, WI 53703
REQUEST NO. 1 REQUEST DATE 11/14/17
Work Completed Total CompletedItem Unit Scheduled Unit Item To DateNo. Description of Work of Quantity Price Total Previous Requests (E) (E+F) %(A) (B) Measure (C) (D) (C*D) Complete
Quantity Amount Quantity Amount Quantity Amount
1 Unclassified Excavation ‐ Including removal of all materials & subgrade LS 1 8,000.00$ $8,000.00 $0.00 1 $0.00 1 $8,000.00 100.00%2 Sidewalk (5") on New 4‐in Deep Aggregate Base. (Complete in place) SF 2700 7.30$ $19,710.00 $0.00 1781 $0.00 1781 $13,001.30 65.96%3 Install 30" Concrete Curb & Gutter (Complete in place) LF 800 22.00$ $17,600.00 $0.00 771 $0.00 771 $16,962.00 96.38%4 Excavation Below Subgrade & Place Stone Fill (Undercut), (Complete in CY 100.00 36.00$ $3,600.00 $0.00 94.3 $0.00 94.3 $3,394.80 94.30%5 Finish Grade Subgrade. (Complete in place) STA 3 500.00$ $1,500.00 $0.00 3 $0.00 3 $1,500.00 100.00%6 Saw cut Butt Joint. (Complete in place) LF 1200 1.50$ $1,800.00 $0.00 1195 $0.00 1195 $1,792.50 99.58%7 New Crushed Stone Base Course (12" Deep). Includes areas under road SY 2,300.00 8.30$ $19,090.00 $0.00 2854.8 $0.00 2854.8 $23,694.84 124.12%8 New 4" Deep Bituminous Pavement. (2‐1/4" Binder, 1‐3/4" Surface, Ty SY 2000 17.30$ $34,600.00 $0.00 2225.4 $0.00 2225.4 $38,499.42 111.27%9 Concrete Apron ‐ 6" Thick Concrete Drive Apron on 6" Deep Aggregate SF 720 7.00$ $5,040.00 $0.00 626 $0.00 626 $4,382.00 86.94%
10 Bituminous Parking Lot ‐ 3" Thick Bituminous surface on 8" Deep Aggre SY 250 31.00$ $7,750.00 $0.00 334.7 $0.00 334.7 $10,375.70 133.88%11 Geotextile Fabric. (Complete in place) SY 250 2.50$ $625.00 $0.00 149.5 $0.00 149.5 $373.75 59.80%12 Site Seed restoration including seeding:4" screened topsoil, Class l/B EC LS 1 1,615.00$ $1,615.00 $0.00 1 $0.00 1 $1,615.00 100.00%13 Traffic Control ‐ includes temporary access to all businesses and access LS 1 2,560.00$ $2,560.00 $0.00 1 $0.00 1 $2,560.00 100.00%14 Erosion Control LS 1 2,700.00$ $2,700.00 $0.00 1 $0.00 1 $2,700.00 100.00%15 2' X 3' Curb Inlet and Casting (Complete in place) EA 3 1,830.00$ $5,490.00 $0.00 3 $0.00 3 $5,490.00 100.00%16 48" Precast Storm Manhole and Casting (Complete in place) EA 6 2,200.00$ $13,200.00 $0.00 5.45 $0.00 5.45 $11,990.00 90.83%17 12‐in Class III Reinforced Concrete Storm LF 590 57.00$ $33,630.00 $0.00 590 $0.00 590 $33,630.00 100.00%18 18‐in Class III Reinforced Concrete Storm Sewer Pipe (Complete in plac LF 290.00 62.00$ $17,980.00 $0.00 297 $0.00 297 $18,414.00 102.41%19 12‐in Ductile Iron Pipe (Complete in place) LF 10 190.00$ $1,900.00 $0.00 10 $0.00 10 $1,900.00 100.00%20 STM‐l‐1 Connection to Existing Storm includes 2'x3' casting w/48" dogh EA 1 2,930.00$ $2,930.00 $0.00 1 $0.00 1 $2,930.00 100.00%21 STM‐I Connection to Existing Storm includes 60" doghouse manhole EA 1 3,300.00$ $3,300.00 $0.00 1 $0.00 1 $3,300.00 100.00%22 Connect STM‐l‐2 to new 5‐in PVC roof drain. Remove existing concrete EA 1 566.00$ $566.00 $0.00 1 $0.00 1 $566.00 100.00%23 Underground Utility Exploration EA 2 555.00$ $1,110.00 $0.00 4 $0.00 4 $2,220.00 200.00%24 New Sanitary Sewer Manhole SAN‐1 w/ castings (Neenah R‐1550‐B w/ EA 1 4,000.00$ $4,000.00 $0.00 0.875 $0.00 0.875 $3,500.00 87.50%25 Underground Utility Exploration EA 1 555.00$ $555.00 $0.00 1 $0.00 1 $555.00 100.00%26 6‐in Ductile Iron Water Main. (Complete in place) LF 10.00 71.00$ $710.00 $0.00 10 $0.00 10 $710.00 100.00%27 8‐in Ductile Iron Water Main. (Complete in place) LF 30 78.00$ $2,340.00 $0.00 22 $0.00 22 $1,716.00 73.33%28 10‐in Ductile Iron Water Main. (Complete in place) LF 420 86.00$ $36,120.00 $0.00 420 $0.00 420 $36,120.00 100.00%29 Connect to existing 10‐in water main w/ a Live Tap, includes 10‐in tapp EA 1 4,400.00$ $4,400.00 $0.00 1 $0.00 1 $4,400.00 100.00%30 6‐in Gate Valve in box (Includes Gate Valve Adaptor) (Complete in plac EA 2.00 1,475.00$ $2,950.00 $0.00 2 $0.00 2 $2,950.00 100.00%31 8‐in Gate Valve in box (Includes Gate Valve Adaptor) (Complete in plac EA 1.00 1,905.00$ $1,905.00 $0.00 1 $0.00 1 $1,905.00 100.00%32 10‐in Gate Valve in box (Includes Gate Valve Adaptor) (Complete in pla EA 2 2,650.00$ $5,300.00 $0.00 2 $0.00 2 $5,300.00 100.00%33 Underground Utility Exploration EA 2.00 555.00$ $1,110.00 $0.00 1 $0.00 1 $555.00 50.00%34 Connect to Existing Building Service (8" Duluth) EA 1 377.00$ $377.00 $0.00 1 $0.00 1 $377.00 100.00%35 Connection to Existing Mains (Complete in Place) EA 2 840.00$ $1,680.00 $0.00 2 $0.00 2 $1,680.00 100.00%
This Request (F)
General Items
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Work Completed Total CompletedItem Unit Scheduled Unit Item To DateNo. Description of Work of Quantity Price Total Previous Requests (E) (E+F) %(A) (B) Measure (C) (D) (C*D) Complete
Quantity Amount Quantity Amount Quantity Amount
This Request (F)
Original Contract TOTAL: $267,743.00 $0.00 $0.00 $269,059.31
Change Orders/Additions# 1 First & Front St Live Tap extra LS 1 $2,143.50 $2,143.50 $0.00 1 $2,143.50 1 $2,143.50 100.00%# 2 Relocate 4" Watermain for 18" Storm Conflict LS 1 $2,252.00 $2,252.00 $0.00 1 $2,252.00 1 $2,252.00 100.00%# 3 Rock Excavation CY 142.04 $98.00 $13,919.92 $0.00 142.04 $13,919.92 142.04 $13,919.92 100.00%
RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $16,750,660
SEWERAGE SYSTEM REVENUE BONDS, SERIES 2017, AND PROVIDING FOR OTHER
DETAILS AND COVENANTS WITH RESPECT THERETO
WHEREAS, the Village of Mount Horeb, Dane County, Wisconsin (the "Municipality")
owns and operates a sewerage system (the "System") which is operated for a public purpose as a
public utility by the Municipality; and
WHEREAS, pursuant to Resolution No. 2013-18 adopted on September 4, 2013 (the
"2013 Resolution"), the Municipality has heretofore issued its Sewerage System Revenue Bonds,
Series 2013, dated September 25, 2013 (the "2013 Bonds"), which are payable from the income
and revenues of the System; and
WHEREAS, certain improvements to the System are necessary to meet the needs of the
Municipality and the residents thereof, consisting of the construction of a project (the "Project")
assigned Clean Water Fund Program Project No. 4375-10 by the Department of Natural
Resources, and as described in the Department of Natural Resources approval letter for the plans
and specifications of the Project, or portions thereof, issued under Section 281.41, Wisconsin
Statutes, assigned No. S-2017-0005 and dated February 17, 2017 by the DNR; and
WHEREAS, under the provisions of Chapter 66, Wisconsin Statutes any municipality
may, by action of its governing body, provide for purchasing, acquiring, constructing, extending,
adding to, improving, operating and managing a public utility from the proceeds of bonds, which
bonds are to be payable only from the revenues received from any source by such utility,
including all rentals and fees; and
WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest
to authorize and sell sewerage system revenue bonds of the Municipality payable solely from the
revenues of the System, pursuant to the provisions of Section 66.0621, Wisconsin Statutes, to
pay the cost of the Project; and
WHEREAS, the 2013 Resolution permits the issuance of additional bonds on a parity
with the 2013 Bonds upon certain conditions, and those conditions have been met; and
WHEREAS, other than the 2013 Bonds, no bonds or obligations payable from the
revenues of the System are now outstanding.
NOW, THEREFORE, be it resolved by the Governing Body of the Municipality that:
Section 1. Definitions. The following terms shall have the following meanings in this
Resolution unless the text expressly or by implication requires otherwise:
(a) "Act" means Section 66.0621, Wisconsin Statutes;
(b) "Bond Registrar" means the Municipal Treasurer which shall act as Paying Agent
for the Bonds;
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(c) "Bonds" means the $16,750,660 Sewerage System Revenue Bonds, Series 2017,
of the Municipality dated their date of issuance, authorized to be issued by this Resolution;
(d) "Bond Year" means the twelve-month period ending on each May 1;
(e) "Current Expenses" means the reasonable and necessary costs of operating,
maintaining, administering and repairing the System, including salaries, wages, costs of
materials and supplies, insurance and audits, but shall exclude depreciation, debt service, tax
equivalents and capital expenditures;
(f) "Debt Service Fund" means the Debt Service Fund of the Municipality, which
shall be the "special redemption fund" as such term is defined in the Act;
(g) "Financial Assistance Agreement" means the Financial Assistance Agreement by
and between the State of Wisconsin by the Department of Natural Resources and the Department
of Administration and the Municipality pursuant to which the Bonds are to be issued and sold to
the State, substantially in the form attached hereto and incorporated herein by this reference;
(h) "Fiscal Year" means the twelve-month period ending on each December 31;
(i) "Governing Body" means the Village Board, or such other body as may hereafter
be the chief legislative body of the Municipality;
(j) "Gross Earnings" means the gross earnings of the System, including earnings of
the System derived from sewerage charges imposed by the Municipality, all payments to the
Municipality under any wastewater treatment service agreements between the Municipality and
any contract users of the System, and any other monies received from any source including all
rentals and fees and any special assessments levied and collected in connection with the Project;
(k) "Municipal Treasurer" means the Treasurer of the Municipality who shall act as
Bond Registrar and Paying Agent;
(l) "Municipality" means the Village of Mount Horeb, Dane County, Wisconsin;
(m) "Net Revenues" means the Gross Earnings of the System after deduction of
Current Expenses;
(n) "Parity Bonds" means bonds payable from the revenues of the System other than
the Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive
provisions of Section 11 of this Resolution;
(o) "Project" means the Project described in the preamble to this Resolution. All
elements of the Project are to be owned and operated by the Municipality as part of the System
as described in the preamble hereto;
(p) "Record Date" means the close of business on the fifteenth day of the calendar
month next preceding any principal or interest payment date;
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(q) "System" means the entire sewerage system of the Municipality specifically
including that portion of the Project owned by the Municipality and including all property of
every nature now or hereafter owned by the Municipality for the collection, transmission,
treatment and disposal of domestic and industrial sewerage and waste, including all
improvements and extensions thereto made by the Municipality while any of the Bonds and
Parity Bonds remain outstanding, including all real and personal property of every nature
comprising part of or used or useful in connection with such sewerage system and including all
appurtenances, contracts, leases, franchises, and other intangibles;
(r) "2013 Bonds" means the Municipality's Sewerage System Revenue Bonds, Series
2013, dated September 25, 2013; and
(s) "2013 Resolution" means Resolution No. 2013-18 adopted by the Governing
Body on September 4, 2013 authorizing the issuance of the 2013 Bonds.
Section 2. Authorization of the Bonds and the Financial Assistance Agreement. For the
purpose of paying the cost of the Project (including legal, fiscal, engineering and other
expenses), there shall be borrowed on the credit of the income and revenue of the System up to
the sum of $16,750,660; and fully registered revenue bonds of the Municipality are authorized to
be issued in evidence thereof and sold to the State of Wisconsin Clean Water Fund Program in
accordance with the terms and conditions of the Financial Assistance Agreement, which is
incorporated herein by this reference and the President and Village Clerk of the Municipality are
hereby authorized, by and on behalf of the Municipality, to execute the Financial Assistance
Agreement.
Section 3. Terms of the Bonds. The Bonds shall be designated "Sewerage System
Revenue Bonds, Series 2017" (the "Bonds"); shall be dated their date of issuance; shall be
numbered one and upward; shall bear interest at the rate of 1.757% per annum; shall be issued in
denominations of $0.01 or any integral multiple thereof; and shall mature on the dates and in the
amounts as set forth in Exhibit B of the Financial Assistance Agreement and in the Bond form
attached hereto as Exhibit A as it is from time to time adjusted by the State of Wisconsin based
upon the actual draws made by the Municipality. Interest on the Bonds shall be payable
commencing on May 1, 2018 and semiannually thereafter on May 1 and November 1 of each
year. The Bonds shall not be subject to redemption prior to maturity except as provided in the
Financial Assistance Agreement.
The schedule of maturities of the Bonds is found to be such that the amount of annual
debt service payments is reasonable in accordance with prudent municipal utility practices.
Section 4. Form, Execution, Registration and Payment of the Bonds. The Bonds shall be
issued as registered obligations in substantially the form attached hereto as Exhibit A and
incorporated herein by this reference.
The Bonds shall be executed in the name of the Municipality by the manual signatures of
the President and Village Clerk, and shall be sealed with its official or corporate seal, if any.
The principal of, premium, if any, and interest on the Bonds shall be paid by the
Municipal Treasurer, who is hereby appointed as the Municipality's Bond Registrar.
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Both the principal of and interest on the Bonds shall be payable in lawful money of the
United States of America by the Bond Registrar. Payment of principal of the final maturity on
the Bond will be payable upon presentation and surrender of the Bond to the Bond Registrar.
Payment of principal on the Bond (except the final maturity) and each installment of interest
shall be made to the registered owner of each Bond who shall appear on the registration books of
the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by
check or draft of the Municipality and mailed to such registered owner at his or its address as it
appears on such registration books or at such other address may be furnished in writing by such
registered owner to the Bond Registrar.
Section 5. Security for the Bonds. The Bonds, together with interest thereon, shall not
constitute an indebtedness of the Municipality nor a charge against its general credit or taxing
power. The Bonds, together with interest thereon, shall be payable only out of the Debt Service
Fund hereinafter created and established, and shall be a valid claim of the registered owner or
owners thereof only against such Debt Service Fund and the revenues of the System pledged to
such fund, on a parity with the pledge granted to the holders of the 2013 Bonds. Sufficient
revenues are hereby pledged to said Debt Service Fund, and shall be used for no other purpose
than to pay the principal of, premium, if any, and interest on the 2013 Bonds, the Bonds and any
Parity Bonds as the same becomes due.
Section 6. Funds and Accounts. In accordance with the Act, for the purpose of the
application and proper allocation of the revenues of the System, and to secure the payment of the
principal of and interest on the 2013 Bonds, the Bonds and Parity Bonds, certain funds of the
System which were created and established by the 2013 Resolution are hereby continued and
shall be used solely for the following respective purposes:
(a) Revenue Fund, into which shall be deposited as received the Gross Earnings of
the System, which money shall then be divided among the Operation and
Maintenance Fund, the Debt Service Fund and the Surplus Fund in the amounts
and in the manner set forth in Section 7 hereof and used for the purposes
described below.
(b) Operation and Maintenance Fund, which shall be used for the payment of Current
Expenses.
(c) Debt Service Fund, which shall be used for the payment of the principal of,
premium, if any, and interest on the 2013 Bonds, the Bonds and Parity Bonds as
the same becomes due, and which may contain a Reserve Account established by
a future resolution authorizing the issuance of Parity Bonds to secure such Parity
Bonds.
(d) Surplus Fund, which shall first be used whenever necessary to pay principal of,
premium, if any, or interest on the 2013 Bonds, the Bonds and Parity Bonds when
the Debt Service Fund shall be insufficient for such purpose, and thereafter shall
be disbursed as follows: (i) at any time, to remedy any deficiency in any of the
Funds provided in this Section 6 hereof; and (ii) money thereafter remaining in
the Surplus Fund at the end of any Fiscal Year may be transferred to any of the
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funds or accounts created herein or to reimburse the general fund of the
Municipality for advances made by the Municipality to the System.
Section 7. Application of Revenues. After the delivery of the Bonds, the Gross Earnings
of the System shall be deposited as collected in the Revenue Fund and shall be transferred
monthly to the funds listed below in the following order of priority and in the manner set forth
below:
(a) to the Operation and Maintenance Fund, in an amount equal to the estimated
Current Expenses for such month and for the following month (after giving effect
to available amounts in said Fund from prior deposits);
(b) to the Debt Service Fund, an amount equal to one-sixth (1/6) of the next
installment of interest coming due on the 2013 Bonds, the Bonds and any Parity
Bonds then outstanding and an amount equal to one-twelfth (1/12) of the
installment of principal of the 2013 Bonds, the Bonds and any Parity Bonds
coming due during such Bond Year (after giving effect to available amounts in
said Fund from accrued interest, any premium or any other source), and any
amount required by a future resolution authorizing the issuance of Parity Bonds to
fund a Reserve Account established therein; and
(c) to the Surplus Fund, any amount remaining in the Revenue Fund after the
monthly transfers required above have been completed.
Transfers from the Revenue Fund to the Operation and Maintenance Fund, the Debt
Service Fund and the Surplus Fund shall be made monthly not later than the tenth day of each
month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the
last day of the month preceding. Any other transfers and deposits to any fund required or
permitted by subsection (a) through (c) of this Section, except transfers or deposits which are
required to be made immediately or annually, shall be made on or before the tenth day of the
month. Any transfer or deposit required to be made at the end of any Fiscal Year shall be made
within sixty (60) days after the close of such Fiscal Year. If the tenth day of any month shall fall
on a day other than a business day, such transfer or deposit shall be made on the next succeeding
business day.
It is the express intent and determination of the Governing Body that the amounts
transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in
any event to pay the interest on the 2013 Bonds, the Bonds and any Parity Bonds as the same
accrues and the principal thereof as the same matures, and to fund the Reserve Account as
required in connection with future Parity Bonds.
Section 8. Deposits and Investments. The Debt Service Fund shall be kept apart from
monies in the other funds and accounts of the Municipality and the same shall be used for no
purpose other than the prompt payment of principal of and interest on the 2013 Bonds, the Bonds
and any Parity Bonds as the same becomes due and payable. All monies therein shall be
deposited in special and segregated accounts in a public depository selected under Chapter 34,
Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to
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the provisions of Section 66.0603(1m), Wisconsin Statutes. The other funds herein created
(except the Sewerage System CWFP Project Fund) may be combined in a single account in a
public depository selected in the manner set forth above and may be temporarily invested until
needed in legal investments subject to the provisions of Section 66.0603(1m), Wisconsin
Statutes.
Section 9. Service to the Municipality. The reasonable cost and value of services
rendered to the Municipality by the System by furnishing sewerage services for public purposes
shall be charged against the Municipality and shall be paid in monthly installments as the service
accrues, out of the current revenues of the Municipality collected or in the process of collection,
exclusive of the revenues derived from the System; that is to say, out of the tax levy of the
Municipality made by it to raise money to meet its necessary current expenses. The reasonable
cost and value of such service to the Municipality in each year shall be equal to an amount
which, together with other revenues of the System, will produce in each Fiscal Year Net
Revenues equivalent to not less than the annual principal and interest requirements on the 2013
Bonds, the Bonds, any Parity Bonds and any other obligations payable from the revenues of the
System then outstanding, times the greater of (i) 110% or (ii) the highest debt service coverage
ratio required with respect to any obligations payable from revenues of the System then
outstanding. However, such payment out of the tax levy shall be subject to (a) approval of the
Public Service Commission, or successors to its function, if applicable, (b) yearly appropriations
therefor, and (c) applicable levy limitations, if any; and neither this Resolution nor such payment
shall be construed as constituting an obligation of the Municipality to make any such
appropriation over and above the reasonable cost and value of the services rendered to the
Municipality and its inhabitants or to make any subsequent payment over and above such
reasonable cost and value.
Section 10. Operation of System; Municipality Covenants. It is covenanted and agreed
by the Municipality with the owner or owners of the Bonds, and each of them, that the
Municipality will perform all of the obligations of the Municipality as set forth in the Financial
Assistance Agreement.
Section 11. Additional Bonds. The Bonds are issued on a parity with the 2013 Bonds as
to the pledge of revenues of the System. No bonds or obligations payable out of the revenues of
the System may be issued in such manner as to enjoy priority over the Bonds. Additional
obligations may be issued if the lien and pledge is junior and subordinate to that of the Bonds.
Parity Bonds may be issued only under the following circumstances:
(a) Additional Parity Bonds may be issued for the purpose of completing the
Project and for the purpose of financing costs of the Project which are ineligible for
payment under the State of Wisconsin Clean Water Fund Program. However, such
additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face
amount of the Bonds; or
(b) Additional Parity Bonds may also be issued if all of the following conditions
are met:
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(1) The Net Revenues of the System for the Fiscal Year immediately
preceding the issuance of such additional bonds must have been in an amount at
least equal to the maximum annual interest and principal requirements on all
bonds outstanding payable from the revenues of the System, and on the bonds
then to be issued, times the greater of (i) 1.10 or (ii) the highest debt service
coverage ratio to be required with respect to the Additional Parity Bonds to be
issued or any other obligations payable from the revenues of the System then
outstanding. Should an increase in permanent rates and charges, including those
made to the Municipality, be properly ordered and made effective during the
Fiscal Year immediately prior to the issuance of such additional bonds or during
that part of the Fiscal Year of issuance prior to such issuance, then Net Revenues
for purposes of such computation shall include such additional revenues as an
independent certified public accountant, consulting professional engineer or the
Wisconsin Public Service Commission may certify would have accrued during the
prior Fiscal Year had the new rates been in effect during that entire immediately
prior Fiscal Year.
(2) The payments required to be made into the funds enumerated in
Section 6 of this Resolution must have been made in full.
(3) The additional bonds must have principal maturing on May 1 of each
year and interest falling due on May 1 and November 1 of each year.
(4) The proceeds of the additional bonds must be used only for the
purpose of providing extensions or improvements to the System, or to refund
obligations issued for such purpose.
Section 12. Sale of Bonds. The sale of the Bonds to the State of Wisconsin Clean Water
Fund Program for the purchase price of up to $16,750,660 and at par, is ratified and confirmed;
and the officers of the Municipality are authorized and directed to do any and all acts, including
executing the Financial Assistance Agreement and the Bonds as hereinabove provided, necessary
to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as
is convenient. The purchase price for the Bonds shall be paid upon requisition therefor as
provided in the Financial Assistance Agreement, and the officers of the Municipality are
authorized to prepare and submit to the State requisitions and disbursement requests in
anticipation of the execution of the Financial Assistance Agreement and the issuance of the
Bonds.
Section 13. Application of Bond Proceeds. The proceeds of the sale of the Bonds shall
be deposited by the Municipality into a special fund designated as "Sewerage System CWFP
Project Fund." The Sewerage System CWFP Project Fund shall be used solely for the purpose of
paying the costs of the Project as more fully described in the preamble hereof and in the
Financial Assistance Agreement. Moneys in the Sewerage System CWFP Project Fund shall be
disbursed within three (3) business days of their receipt from the State of Wisconsin and shall not
be invested in any interest-bearing account.
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Section 14. Amendment to Resolution. After the issuance of any of the Bonds, no
change or alteration of any kind in the provisions of this Resolution may be made until all of the
Bonds have been paid in full as to both principal and interest, or discharged as herein provided,
except: (a) the Municipality may, from to time, amend this Resolution without the consent of any
of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal
defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may
be amended, in any respect, with a written consent of the owners of not less than two-thirds (2/3)
of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the
Municipality; provided, however, that no amendment shall permit any change in the pledge of
revenues derived from the System or the maturity of any Bond issued hereunder, or a reduction
in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the
amount of the redemption premium payable in the case of redemption thereof, or change the
terms upon which the Bonds may be redeemed or make any other modification in the terms of
the payment of such principal or interest without the written consent of the owner of each such
Bond to which the change is applicable.
Section 15. Defeasance. When all Bonds have been discharged, all pledges, covenants
and other rights granted to the owners thereof by this Resolution shall cease. The Municipality
may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable
bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to
principal and interest of the U.S. Government, or of a commission, board or other instrumentality
of the U.S. Government, maturing on the dates and bearing interest at the rates required to
provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its
maturity or, at the Municipality's option, if said Bond is prepayable to any prior date upon which
it may be called for redemption, and to pay and redeem the principal amount of each such Bond
at maturity, or at the Municipality's option, if said Bond is prepayable, at its earliest redemption
date, with the premium required for such redemption, if any, provided that notice of the
redemption of all prepayable Bonds on such date has been duly given or provided for.
Section 16. Rebate Fund. Unless the Bonds are exempt from the rebate requirements of
the Internal Revenue Code of 1986, as amended (the "Code"), the Municipality shall establish
and maintain, so long as the Bonds and any Parity Bonds are outstanding, a separate account to
be known as the "Rebate Fund." The sole purpose of the Rebate Fund is to provide for the
payment of any rebate liability with respect to the Bonds under the relevant provisions of the
Code and the Treasury Regulations promulgated thereunder (the "Regulations"). The Rebate
Fund shall be maintained by the Municipality until all required rebate payments with respect to
the Bonds have been made in accordance with the relevant provisions of the Code and the
Regulations.
The Municipality hereby covenants and agrees that it shall pay to the United States from
the Rebate Fund, at the times and in the amounts and manner required by the Code and the
Regulations, the portion of the "rebate amount" (as defined in Section 1.148-3(b) of the
Regulations) that is due as of each "computation date" (within the meaning of Section 1.148-3(e)
of the Regulations). As of the date of this Resolution, the provisions of the Regulations
specifying the required amounts of rebate installment payments and the time and manner of such
payments are contained in Sections 1.148-3(f) and (g) of the Regulations, respectively. Amounts
held in the Rebate Fund and the investment income therefrom are not pledged as security for the
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Bonds or any Parity Bonds and may only be used for the payment of any rebate liability with
respect to the Bonds.
The Municipality may engage the services of accountants, attorneys or other consultants
necessary to assist it in determining the rebate payments, if any, owed to the United States with
respect to the Bonds. The Municipality shall maintain or cause to be maintained records of
determinations of rebate liability with respect to the Bonds for each computation date until six
(6) years after the retirement of the last of the Bonds. The Municipality shall make such records
available to the State of Wisconsin upon reasonable request therefor.
Section 17. Resolution a Contract. The provisions of this Resolution shall constitute a
contract between the Municipality and the owner or owners of the Bonds, and after issuance of
any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be
made, except as provided in Section 14, until all of the Bonds have been paid in full as to both
principal and interest. The owner or owners of any of the Bonds shall have the right in addition
to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to
enforce such owner's or owners' rights against the Municipality, the Governing Body thereof, and
any and all officers and agents thereof including, but without limitation, the right to require the
Municipality, its Governing Body and any other authorized body, to fix and collect rates and
charges fully adequate to carry out all of the provisions and agreements contained in this
Resolution.
Section 18. Continuing Disclosure. The officers of the Municipality are hereby
authorized and directed, if requested by the State of Wisconsin, to provide to the State of
Wisconsin Clean Water Fund Program and to such other persons or entities as directed by the
State of Wisconsin such ongoing disclosure regarding the Municipality's financial condition and
other matters, at such times and in such manner as the Clean Water Fund Program may require,
in order that securities issued by the Municipality and the State of Wisconsin satisfy rules and
regulations promulgated by the Securities and Exchange Commission under the Securities
Exchange Act of 1934, as amended and as it may be amended from time to time, imposed on
brokers and dealers of municipal securities before the brokers and dealers may buy, sell, or
recommend the purchase of such securities.
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Section 19. Conflicting Resolutions. All ordinances, resolutions (other than the 2013
Resolution), or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with
the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from
and after its passage. In case of any conflict between this Resolution and the 2013 Resolution,
the 2013 Resolution shall control as long as any 2013 Bonds are outstanding.
Passed: December 6, 2017
Approved: December 6, 2017
_____________________________
Randy J. Littel
President
Attest:
____________________________
Alyssa Gross
Village Clerk
RESOLUTION 2017-16
A RESOLUTION AUTHORIZING THE SUBMISSION OF A WISCONSIN
DEPARTMENT OF TRANSPORTATION FACILITIES FOR ECONOMIC
ASSISTANCE (TEA) GRANT APPLICATION
WHEREAS, the Village of Mount Horeb and Duluth Holdings Inc. have mutually agreed to
develop a site and business to construct its corporate headquarters; and
WHEREAS, the agreement between the Village of Mount Horeb and Duluth Holdings Inc.
provides for construction/reconstruction of a street project to make the project feasible; and
WHEREAS, given all the financial demand on the Village of Mount Horeb related to this project
the Village of Mount Horeb is in need of assistance to make the transportation improvements.
Without this grant assistance, the Village of Mount Horeb cannot reasonably afford to construct
the required improvements; and
WHEREAS, the State of Wisconsin Department of Transportation’s Facilities Transportation
Economic Assistance (TEA) program provides financial assistance to municipalities to develop
transportation facilities required to enable industrial development to occur.
NOW, THEREFORE BE IT RESOLVED THAT, the Village of Mount Horeb hereby
authorizes the submission of an application to the Department of Transportation TEA program
and authority is granted to the Village of Mount Horeb Administrator to take the necessary steps
to prepare and file the appropriate application for funds under this program in accordance with
this resolution and that the Village Administrator is hereby authorized to sign all necessary
documents on behalf of the Village of Mount Horeb; and
BE IT FURTHER RESOVLED THAT, the Village of Mount Horeb will have jurisdictional
responsibility for the transportation improvements; and
BE IT FURTHER RESOVLED THAT, the Village of Mount Horeb will sign a Jobs Guarantee
with the Wisconsin Department of Transportation; and
BE IT FURTHER RESOVLED THAT, the Village of Mount Horeb will administer and
oversee the development of the transportation improvement; and
BE IT FURTHER RESOVLED THAT, the Village of Mount Horeb will comply with all
applicable Federal, State and Local regulations.
Introduced and passed this 6th day of December 2017.
Randy J Littel, Village President
ATTEST:
Alyssa Gross, Village Clerk
VILLAGE OF MOUNT HOREB RESOLUTION 2017-14
BUDGET AMENDMENT
BE IT RESOLVED that the Village Board of the Village of Mount Horeb authorizes an amendment to the 2017 Village Budget to transfer funds as follows: Account Number Account Name Increase Decrease
GENERAL FUND 100-536350-249 Recycling Contractual Services $20,000 The increase in this account is due to additional grinding services that were required at the
compost site due to the July storm damage.
SWIMMING POOL FUND 215-554200-220 Utilities $15,000 The increase in utility cost is due to a billing error that was discovered and water leaks that
occurred during the season. This will reduce the Swimming Pool Fund balance.
CABLE SPECIAL PROGRAMMING FUND 225-516100-810 Equipment $20,000 This is for the replacement of existing equipment that was not included in the 2017 budget. This
will reduce the Cable Special Programming Fund balance. This was approved by the Trollway TV
Committee.
OUTREACH FUND 230-473600-0 County Grants-Outreach Program Rev $4,383 230-473600-0 County Grants-Nutrition Program Rev $816 230-473600-0 County Grants-MACM Program Rev $1,500 230-473600-0 County Grants-Catered Meals Rev $1,920 230-546200-210 Contractual-Catered Meals Exp $1,920 This reflects the additional funding allocated from Dane County for the Outreach & Nutrition programs.
TOURISM PROMOTION FUND 260-412100-0 Overnight Lodging Tax $75,000 260-567000-290 Mt Horeb Chamber of Commerce Exp $66,000 260-592000-500 Transfer to Other Funds (General Fund) $9,000 This reflects the expected room tax collections and expenditures for 2017.
CAPITAL PROJECTS FUND
400-521000-810 Police Department Equipment $4,000 This reflects the additional cost of police equipment. This will reduce the Capital Projects Fund balance.
400-491100-0 Long Term Debt – Bonds $6,800,000 400-521200-820 Public Safety Building Exp $1,000,000 This reflects the initial borrowing for the Public Safety building project in December 2017 and the
estimated 2017 expenditures.
Account Number Account Name Increase Decrease
TAX INCREMENTAL DISTRICT #5 FUND 460-468400-0 Fees-Downtown Improve Appl Reve $1,000 460-468500-0 Grants-Economic Development grant $84,321 460-513000-210 General Legal Fees & Exp $40,000 460-533000-820 Street Improvements Exp $50,000 460-534400-820 Storm Sewer Improvements Exp $50,000 460-563000-290 General Planning-TID related Exp $100,000 460-567000-290 Economic Dev Incentives-Facade $200,000 460-567000-291 Economic Dev Incentives-Rehab $50,000 This reflects the expected activity in TID#5 for 2017. This will be an advance from the General Fund until the bond issue that is expected in early 2018.
Introduced and passed this 6th day of December, 2017. Randy J Littel, Village President ATTEST: Alyssa Gross, Village Clerk
ORDINANCE NO. 2017-09 VILLAGE OF MOUNT HOREB
AN ORDINANCE AMENDING SECTION 3.10 OF THE MUNICIPAL CODE OF THE VILLAGE OF MOUNT HOREB RELATED TO THE COLLECTION
OF A TAX ON OVERNIGHT LODGING
Recitals A. Pursuant to Wis. Stat. § 66.0615, the Village Board of the Village of Mount
Horeb has the authority to enact an ordinance that imposes a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations.
B. The Village Board has determined that it is in the public interest to amend
Section 3.10 in light of the recent amendments to Wis. Stat. § 66.0615. NOW, THEREFORE, The Village Board of the Village of Mount Horeb, Dane County, Wisconsin, do ordain that Section 3.10 of the Code of Ordinances, Village of Mount Horeb, Wisconsin is amended as follows:
Section 3.10(1) is amended to add the following terms and definitions:
3.10 Collection of Tax on Overnight Lodging
1. Definitions. In this chapter the following shall apply: (changes in bold):
Gross Receipts means the total amount of the sale, lease, or rental price, as the case may be, from sales at retail of tangible personal property, or taxable services, valued in money, whether received in money or otherwise. Hotel and Motel have the meaning as defined in Wis. Stat. 77.52(2)(a)1. Lodging Marketplace means an entity that provides a platform through which an unaffiliated third party offers to rent a short-term rental to an occupant and collects consideration for the rental from the occupant. Municipality means the Village of Mount Horeb, Wisconsin.
Occupant means a person who rents a short-term rental through a lodging marketplace. Owner means the person who owns the residential dwelling that has been rented.
Payor means the person or entity who owes the tax imposed by this ordinance. Residential dwelling means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining common household, to the exclusion of others. Room tax means the tax imposed by this ordinance.
Short-term rental means a residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days.
Tourism has the meaning as defined in Wis. Stat. 77.52(2)(e). Transient has the meaning as defined in Wis. Stat. 77.52(2)(a)1 Tourism Entity means a nonprofit organization that spends at least 51 percent of its revenues on tourism promotion and tourism development, and provides destination marketing staff and services for the tourism industry in a municipality. Tourism promotion and development has the meaning defined in Wis. Stat. 66.0615(1)(fm).
2. Imposition of room tax.
Pursuant to Wis. Stat. 66.0615 a tax is herby imposed on the privilege and services of furnishings, at retail, except sales for resale, of rooms or lodging to transients by hotel keepers, motel keepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the
accommodations. Such The tax shall be at the rate of 5 percent of the gross receipts from such retail furnishings of rooms or lodgings. Such The tax shall not be subject to the selective sales tax imposed by Wis. Stat. 77.55(2)(a)1., and The tax may not be imposed upon sales to the federal government and persons listed under Wis.Stat.77.54(9a).
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3. Distribution of room taxes collected.
Upon receipt of the room taxes that are collected, the municipality shall
distribute 88 percent of the room taxes to the Tourism Commission.
4. Creation and duties of Tourism Commission.
A. The Tourism Commission shall consist of five members, one of which shall be a Village Board member, who shall be appointed by the Village President with approval of the Village Board. The Tourism Commission shall have at least one owner and/or operator representative of the local lodging industry. Each member’s term shall be for a one year period and each member may serve multiple terms. The Tourism Entity shall appoint a representative to serve as an ex-officio nonvoting member of the Tourism Commission. This ex-officio member will not be counted towards purposes of determining a quorum.
B. Annually the Tourism Commission shall elect a chairperson from its members to serve a one-year term. The Tourism Commission shall meet as needed as determined by the Commission Chair and should meet no less than four (4) times a year.
C. The Tourism Commission shall report annually to the municipality providing the room tax revenue, the purposes for which the revenues were spent.
D. The Tourism Commission shall contract with a Tourism Entity who develops the marketing plan including budgets for room tax revenues for promotion and development. E. The Tourism Commission shall give broad direction to the Tourism Entity on the development of the marketing budget.
F. The Tourism Entity shall have a hotelier owner or operator represented on their Marketing Committee.
G. The Tourism Entity shall submit meeting minutes after each meeting and a room tax marketing plan to the Tourism Commission for review and approval annually.
H. The Tourism Commission and Entity with whom it contracts shall not use any of the room tax revenue to construct or develop a lodging facility.
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5. Tracking and reporting room tax revenue expenditures.
A. The Tourism Entity shall track the use of room tax revenue expenditures and state its impact on generating paid overnight stays in the community. B. The Tourism Entity shall permit and shall allow inspections of its records pertaining to the use of the room tax funds upon request of the Tourism Commission at reasonable times.
C. The Tourism Entity shall provide a written report as determined by the Tourism Commission, no less than annually, and such report shall be available to the municipality and general public upon request.
6. Collection of tax.
A. The collection of the tax imposed by this article shall be administered by the Village Treasurer. The tax imposed is due and payable on the last day of the month next succeeding the calendar quarters for which imposed. A return shall be filed with the Village Treasurer, by those furnishing at retail such rooms and lodging, on or before the same date on which the tax is due and payable. Such return shall show the gross receipts of the preceding calendar quarters from such retail furnishings of rooms or lodging, the amount of taxes imposed for such period, and such other non-confidential information the Village Treasurer deems reasonably necessary. Annual returns shall be filed on a calendar year basis. Such annual return shall be filed within 90 days of the close of each such calendar year. The annual return shall summarize the quarterly returns, reconcile and adjust for errors in the quarterly returns, and shall contain such additional non-confidential information as the Village Treasurer requires. Such annual returns shall be made on forms as prescribed by the Village Treasurer. All such returns shall be signed by the person required to file a return or his/her duly authorized agent, but need not be verified by oath. The Village Treasurer may, for good cause, extend the time for any return, but in no event longer than one month from the filing date.
B. The correct amount of tax shall accompany each quarterly tax return and be made payable to the municipality.
7. Sale or conveyance of business.
If any person liable for any amount of tax under this section sells out their business or stock of goods or quits the business, their successors or assigns shall withhold sufficient funds from the purchase price to cover such amount until the former owner produces a receipt from the Village
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Treasurer that it has been paid or a certificate stating that no amount is due. If any person subject to the tax imposed by this section fails to withhold such amount of tax from the purchase price as required, they shall become personally liable for payment of the amount required to be withheld by them to the extent the price of the accommodations valued in money.
8. Determination of tax by audit.
A. The Village Treasurer may, by office audit, determine the tax required to be paid to the municipality or the refund due to any person under this chapter. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the Village Treasurer’s possession. One or more such office audit determinations may be made out of the amount due for anyone or for more than one period.
B. The Village Treasurer may, by field audit, determine the tax required to be paid to the municipality or the refund due to any person under this chapter. The determination may be made upon the basis of facts contained in the return being audited or upon any other information within the Village Treasurer’s possession. Whenever the Village Treasurer has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, the Village Treasurer is authorized to examine and inspect the financial records pertaining to the furnishing of accommodations at the establishment in question in order to verify the tax liability of that person or of another person.
9. Failure to file Room Tax Return.
If any person fails to file a return by this chapter, the Village Treasurer shall make an estimate of the amount of the gross receipts under subsection 3.10(6). Such estimate shall be made for the period for which such person failed to make a return and shall be based upon any information which is in the Village Treasurer’s possession or may come into his/her possession. On the basis of this estimate, the Village Treasurer shall compute and determine the amount required to be paid to the municipality. One or more such determinations may be made for one or more than one period of time. 10. Forfeiture relating to failing to comply with a request to inspect and audit the person's financial records and failing to file returns timely.
A. A forfeiture, not to exceed 5% of the room tax, may be imposed on a person who fails to comply with a request to inspect and audit the person’s financial records.
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B. Require the person who is subject to pay an amount that is due to pay said tax plus interest at the rate of 1% per month on the unpaid balance. No refund or modification of the payment determined may be granted until the person files a correct room tax return, and permits the municipality to inspect and audit his or her financial records.
C. A forfeiture, not to exceed 25% of the room tax due for previous year or $3,000.00 whichever is less, of the tax, may be imposed in the event that the room tax is not paid.
11. Record keeping requirements.
Every person liable for the tax imposed by this ordinance shall keep or cause to be kept such records, receipts, invoices and other pertinent papers to the payment of room taxes in such form as the Village Treasurer requires.
12. Confidentiality of tax returns.
A. All tax returns, schedules, exhibits, writings, or audit reports relating to such returns, on file with the Village Treasurer are deemed to be confidential, except the Village Treasurer may divulge their contents to the following, and no others:
1. The person who filed the return. 2. The Village Treasurer or other persons for use in the discharge of the duties of their office (unless otherwise prohibited by law), or by order of a court.
B. No person having an administrative duty under this section shall make known in any manner the business affairs, operations, or information obtained by an investigation of records or any person on whom a tax is imposed by this article, or the amount of source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to permit any return or copy thereof to be seen or examined by any person, except as otherwise provided in this ordinance.
13. Exemptions.
For the tax year (current year), any person or business otherwise required to file a return and make payment to the municipality under this article will be allowed an exemption from the requirement to collect and pay room tax for any signed contract dated prior to the adoption of this article in which the contract guarantees the lodging rates. This exemption shall expire on December 31, 2017.
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The foregoing ordinance was duly adopted by the Board of the Village of Mount Horeb at a meeting held on December 6, 2017.
