Village Board

AGENDA R PLACE: EGULAR BOARD MEETING Little Chute Village Hall DATE: Wednesday, April 18, 2018 TIME: 6:00 p.m. REGULAR ORDER OF BUSINESS A. Invocation B. Pledge of Allegiance to the Flag C. Roll call of Trustees D. Roll call of Officers and Department Heads E. Public Appearance for Items Not on the Agenda F. Other Informational Items—March Fire, FVMPD Monthly Reports and March Report G. Approval of Minutes Minutes of the Committee of the Whole Meeting of April 11, 2018 H. Proclamation—2017-2018 Little Chute High School Dance Team and Coaches I. Proclamation—Little Chute Chute-ing Stars Dance Team J. Operator License Approvals Dolor, Alexandria Walgreens Combined Locks Fox, Tina Walgreens Appleton Godschalx, Kate 5th Quarter Menasha Santiago, Amy Walgreens Appleton K. Department and Officers Progress Reports L. Ordinances: a) Adopt Ordinance No. 6, Series 2018 Annexing Territory from the Town of Vandenbroek Where No Electors Reside in the Territory for the Vangroll/Feller Family b) Adopt Ordinance No. 7, Series 2018 Annexing Territory from the Town of Vandenbroek Where Electors Reside in the Territory for James Schuh c) Adopt Ordinance No. 8, Series 2018 the Amended and Restated Ordinance Imposing A Room Tax on the Privilege of Furnishing, at Retail, Except Sales for Resale, Rooms or Lodging to Transients M. Action—Adopt Resolution No. 15 for the DNR Outdoor Recreation and the Village of Little Chute Parks, Recreation & Forestry Department N. Action—Fox Cities Room Tax Fiscal Agency Agreement O. Action—Civic Center Renovation—2018 CIP Item P. Action—Approve El Jaripeo 2 Liquor License Q. Discussion—Wheel Tax R. Action—Award 2018 Street Construction Projects S. Disbursement List T. Call for Unfinished Business U. Items for Future Agendas V. Closed Session a)19.85(1)(c) Consideration of Employment, Promotion, or Performance Evaluation Data of any Public Employee of the Village of Little Chute. Review Candidates for DPW Director and Employment Agreement Discussion W. Return to Open Session X. Action—Employment Agreement for Fox Valley Metro Police Department Chief of Police Y. Adjournment Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the Clerk’s Office at 108 West Main Street, (920) 423-3852, email: Laurie@littlechutewi.org Prepared: April 13, 2018  LCFD Incident Report March 2018 Number of responses: 10 Last years: 13 YTD: 31 03/01/2018 07:45 Garbage can fire @ Capital Credit Union-found a village garbage can smoking due to a discarded cigarette Inc. #00000084 03/03/2018 21:33 Burning complaint @ 711 Bluff Avenue, occupants were throwing unknown type items in fire causing small explosions, FVMPD assisted Inc. #00000089 03/07/2018 05:20 Accident scene safety @ intersection of W. Main Street & Fox Point Drive Inc. #00000094 03/08/2018 19:35 Assist Kaukauna Rescue to gain access at a medical call @ 212 Hayes Street. Inc. #00000098 03/10/2018 21:29 Possible wire down on Madison Street aprox. 1 block south of North Ave., was a telephone wire that was from a structure that was torn down years ago Inc.#00000099 03/12/2018 14:27 Assist FVMPD & Gold Cross ambulance with an accident located aprox. 200’ in a field on Hickory (Across from Nestles’)  Inc. #00000103 03/16/2018 10:34 Vehicle rollover (scene safety) I-41 South bound off ramp to Hwy. N Inc.#00000033 03/18/2018 11:42 Burning complaint @ 902 Michigan Lane, neighbor complained they were burning cardboard Inc.#00000110 03/19/2018 21:58 CO alarm sounding @ 1301 Rosehill Road, Unit 26 reporting Inc.#00000111 03/20/2018 19:31 Transformer blown near intersection of Fillmore Street & Riverside Drive-investigated found no fire issues stand by until Kaukauna Utilities arrived Inc.#00000115 Agency: FV Incident Count by Incident Type PremierOne CAD Represents calls for service for the month of February 2018 Incident Type Description Incident Count TRAFFIC STOP 269 ASSIST 99 CRIME PREVENTION 58 ACCIDENT 37 WELFARE CHECK 36 911 HANG UP 30 OPEN DOOR 28 RECKLESS DRIVING 26 MEDICAL 26 ANIMAL 23 MOTORIST ASSIST 22 JUVENILE COMPLAINTS 18 SUSPICIOUS SITUATION 16 TRUANCY 15 TRAFFIC HAZARD 14 ORDINANCE 14 PARKING COMPLAINT 12 HARASSMENT 12 SUSPICIOUS VEHICLE 11 TRAFFIC SAFETY INCIDENTS 10 ALARM 9 DRUGS 8 FIRE CALL 7 THEFT 7 FRAUD 6 LOST / FOUND 6 DISORDERLY CONDUCT 6 DISTURBANCE 5 DAMAGE TO PROPERTY 5 911 ASSIST 5 NOISE COMPLAINT 5 WARRANT 5 SUSPICIOUS PERSON 4 DOMESTIC DISTURBANCE 4 BATTERY 3 SEX OFFENSE 3 TRESPASSING 2 VIOLATION OF COURT ORDER 2 BUILDING SECURITY 2 CIVIL MATTER 2 Report Name: P1 Incident Count by Incident Type Monthly Page 1 of 2 Schedule Run Date: 3/1/2018 4:00:47 AM Agency: FV Incident Count by Incident Type PremierOne CAD COMPUTER CRIME 2 ALCOHOL 2 AUTO THEFT 2 RUNAWAY 2 EMERGENCY COMMITTAL 2 MISSING PERSON 1 ACCIDENT WITH INJURY 1 BURGLARY 1 DEATH 1 Total 886 Report Name: P1 Incident Count by Incident Type Monthly Page 2 of 2 Schedule Run Date: 3/1/2018 4:00:47 AM  MINUTES OF THE COMMITTEE OF THE WHOLE MEETING APRIL 11, 2018 Call to Order President Vanden Berg called the Committee of the Whole meeting to order at 6:00 p.m. Roll Call PRESENT: President Vanden Berg, Trustee Peterson, Trustee Elrick, Trustee Smith, Trustee Hietpas, Trustee Peerenboom EXCUSED: Trustee Van Lankvelt ALSO PRESENT: James Fenlon, Laurie Decker, Jim Moes, Adam Breest Public Appearance for Items not on the Agenda None Approval of Minutes Minutes of the Regular Board Meeting of April 4, 2018 Moved by Trustee Smith, seconded by Trustee Peterson to Approve the Minutes of the Regular Board Meeting of April 4, 2018 Ayes 6, Nays 0 – Motion Carried Presentation—Fox River Boardwalk Director Breest introduced Mr. Patrick Skalecki from Graef Engineering and Mr. Robert Jakel from the City of Kaukauna. Mr. Skalecki presented slides and the updates for the Fox River Boardwalk. The Boardwalk would link 2 miles of trail from Little Chute through Kaukauna along the Fox River. Director Breest advised that in January of this year the City and Village applied for a grant with Outagamie County to help fund the proposed boardwalk and in March were notified that the maximum requested funding of $600,000.00 was approved. Also there was a $20,000 donation from Cheesefest and $20,000 from Kaukauna Festivals. Director Breest also stated they will apply for the DNR Stewardship Fund which could fund up to 50% of the project and that the Fox River Boardwalk was accepted to apply for a grant from the Fox Cities Visitors and Convention Bureau. Director Breest said once the grant amounts were known, a private fundraising campaign would be started. Trustee Elrick questioned the spread footing and if it could be reused, and Mr. Skalecki said the soil would need to be approved by the DNR. Trustee Peerenboom questioned the curved design versus a direct shot; Mr. Skalecki replied this could be looked at with the final design but would need to get approved by the DNR. Trustee Hietpas questioned the fundraising between Little Chute and Kaukauna and if it would be separated; Director Breest replied that this will be a joint project to benefit both communities so will be split equally. President Vanden Berg questioned what the next step would be and Director Breest informed the Board they will apply for the available grants and should know by September/October what fund raising goals would be needed. Director Breest stated probably the summer of 2019 is the projected start date of the project. Director Breest also advised that on April 19th at Sunset Park there will be a planned press release with Kimberly, Kaukauna, Little Chute and the County and the Board is welcome to attend. Trustee Elrick asked about the permits with the DNR and how long are they good, Mr. Skalecki stated they are usually good for two years and can ask for extensions if needed. Action—Adopt Resolution No. 14 Changing Polling Location for Special Election Moved by Trustee Elrick, seconded by Trustee Peterson to Adopt Resolution No. 14 Changing Polling Location for Special Election Ayes 6, Nays 0 – Motion Carried Action—Approve Special Event Permit for S&S Trading Company Moved by Trustee Smith, seconded by Trustee Elrick to Approve Special Event Permit for S&S Trading Company Ayes 6, Nays 0 – Motion Carried Action—Approve Intergovernmental Agreement with the Town of Grand Chute Moved by Trustee Elrick, seconded by Trustee Smith to Approve Intergovernmental Agreement with the Town of Grand Chute Ayes 6, Nays 0 – Motion Carried Unfinished Business None Items for Future Agendas None Adjournment Moved by Trustee Smith, seconded by Trustee Elrick to Adjourn the Committee of the Whole Meeting at 6:54 p.m. Ayes 6, Nays 0 – Motion Carried VILLAGE OF LITTLE CHUTE By: Michael R. Vanden Berg, Village President Attest: Laurie Decker, Village Clerk  VILLAGE OF LITTLE CHUTE JAMES SCHUH ANNEXATION ORDINANCE ORDINANCE NO. 6 , SERIES OF 2018 AN ANNEXATION ORDINANCE ADOPTED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF LITTLE CHUTE PURSUANT TO SECTION 66.0217 OF THE WISCONSIN STATUTES, ANNEXING TERRITORY FROM THE TOWN OF VANDENBROEK WHERE ELECTORS RESIDE IN THE TERRITORY. WHEREAS, a Petition for Direct Annexation (Outagamie County) has been presented to the Village of Little Chute under statutory authority 66.0217(2), Wisconsin Statutes as amended; and, WHEREAS, the petition was signed by all owners and all of the residents of the property within the proposed area for annexation; and, WHEREAS, said Petition for Annexation contains a legal description of the territory proposed to be annexed sufficiently accurate to determine its location, designates the area to be annexed to the Village of Little Chute and designates the area as being proposed to be detached from the Town of Vandenbroek as located in Outagamie County; and, WHEREAS, the Village of Little Chute Plan Commission has reviewed and recommended in favor of the proposed annexation; and, WHEREAS, the Village of Little Chute Board of Trustees has determined that the proposed annexation is in the best interests of the Village of Little Chute and the owners of real estate in the proposed annexation area; and, WHEREAS, the Wisconsin Department of Administration has reviewed annexation petition #14108 and found it to be in the public interest; and, WHEREAS, the Village Board has reviewed advice received from the Wisconsin Department of Administration; and, WHEREAS, an Annexation Ordinance of the proposed territory by the Village of Little Chute requires a two- thirds vote of the governing body (Board of Trustees) of the Village of Little Chute; NOW THEREFORE BE IT ORDAINED by the Village Board of Trustees of the Village of Little Chute as located in Outagamie County, State of Wisconsin as follows: 1. That the real estate described as: Commencing at the Southeast corner of the Southwest quarter Section 10 T21N R18E, North 33 feet to the North line of Evergreen Drive, Thence West 263.68 feet to the Point of Beginning, Thence South 66 feet to the South line of Evergreen Drive and the Northeast corner of Lot 3 Pine Manor Estates, Thence West 110 feet, Thence North 33 feet to the South line of said Section 10, Thence West 399.6 feet, Thence South 361.5 feet to the North line of Hartzheim Drive and the Southwest corner of lot 7 Cardinal Meadows, Thence West along the North line of Hartzheim Drive 361.5 feet, Thence North 394.5 feet to the North line of Evergreen Drive, Thence East 9.79 feet to the East line of Harvest Trail, thence East 861.22 feet to the Point of Beginning, Described area being part Southwest quarter Sections 10 and Northwest quarter Section 15 T21N R18E, Described area containing 3.766 Acres M/L, which is the same real estate as set forth in the Annexation Petition, be hereby annexed to the Village of Little Chute as located in Outagamie County, State of Wisconsin. 2. The territory is annexed to the Village for zoning purposes as follows: RC – Residential Conventional Single-family District excepting the Southern 160 feet which shall be zoned as RT – Residential Two-family District, 3. The territory is annexed to the Village for voting purposes is designated and attached to WARD 12, 4. That a scale map of the area, showing the boundaries of annexation territory and its relationship to the boundaries of the Village of Little Chute, is hereby adopted by reference. 5. The current population of the territory being annexed is one (1) persons, determined in accordance with the definition under Section 66.0217(3), Wisconsin Statutes. 6. This Annexation Ordinance shall be effective upon its enactment by a two-thirds vote of the Village Board of Trustees of the Village of Little Chute. 7. The Village Clerk of the Village of Little Chute shall file with the Wisconsin Secretary of State a certified copy of this Annexation Ordinance and with each company providing utility services in the area annexed. One original copy of this Annexation Ordinance shall be provided to the Outagamie County Register of Deeds for recording/filing purposes, and one certified copy shall be filed with the Clerk of each affected school district and township. 8. The Finance Director of the Village shall pay to the Town Clerk the amount of $1,235.90 which represents total reimbursement of town portion of the property tax of the area annexed over a five year period. Date introduced: April 18, 2018 Approved and adopted: April 18, 2018 VILLAGE OF LITTLE CHUTE By: ______________________________ Michael Vanden Berg, Village President Attest: Laurie Decker, Village Clerk NUMBER VOTED FOR: NUMBER VOTED AGAINST: State of Wisconsin ) ) ss Outagamie County ) Personally appeared before me on the day of ____________, 2018 the above named officers, to me known to be the persons who executed the foregoing instrument and acknowledge the same. Notary Public, State of Wisconsin My Commission expires:  VILLAGE OF LITTLE CHUTE VANGROLL FAMILY IRREV TRUST ANNEXATION ORDINANCE ORDINANCE NO. 7, SERIES OF 2018 AN ANNEXATION ORDINANCE ADOPTED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF LITTLE CHUTE PURSUANT TO SECTION 66.0217 OF THE WISCONSIN STATUTES, ANNEXING TERRITORY FROM THE TOWN OF VANDENBROEK WHERE NO ELECTORS RESIDE IN THE TERRITORY. WHEREAS, a Petition for Direct Annexation (Outagamie County) has been presented to the Village of Little Chute under statutory authority 66.0217(2), Wisconsin Statutes as amended; and, WHEREAS, the petition was signed by all owners of the property within the proposed area for annexation; and, WHEREAS, said Petition for Annexation contains a legal description of the territory proposed to be annexed sufficiently accurate to determine its location, designates the area to be annexed to the Village of Little Chute and designates the area as being proposed to be detached from the Town of Vandenbroek as located in Outagamie County; and, WHEREAS, the Village of Little Chute Plan Commission has reviewed and recommended in favor of the proposed annexation; and, WHEREAS, the Village of Little Chute Board of Trustees has determined that the proposed annexation is in the best interests of the Village of Little Chute and the owners of real estate in the proposed annexation area; and, WHEREAS, the Wisconsin Department of Administration has reviewed annexation petition #14103 and, WHEREAS, the Village Board has reviewed advice received from the Wisconsin Department of Administration; and, WHEREAS, an Annexation Ordinance of the proposed territory by the Village of Little Chute requires a two- thirds vote of the governing body (Board of Trustees) of the Village of Little Chute; NOW THEREFORE BE IT ORDAINED by the Village Board of Trustees of the Village of Little Chute as located in Outagamie County, State of Wisconsin as follows: 1. That the real estate described as: Commencing at the Southeast corner of Section 9 T21N R18E, North 1975 feet to the South line of the North one half of the Northeast quarter of the Southeast quarter said section 9, Thence West 62 feet to the West line of Freedom Road and the Point of Beginning, Thence West 1258 feet to the Southwest corner of the North one half of the Northeast quarter of the Southeast quarter said section 9, Thence continuing West 132 feet, Thence North 660 feet, Thence East 132 feet to the Southwest corner of the Southeast quarter of the Northeast quarter said section 9, thence North 1320 feet to the Northwest corner of the Southeast quarter of the Northeast quarter said section 9, Thence East 480 feet to the Northwest corner of the East 25 acres of the Southeast quarter of the Northeast quarter said section 9, Thence South 1304 feet, Thence East 778 feet to the West line of Freedom Road, Thence South 16 feet to the North line of the Northeast quarter of the Southeast quarter said section 9, Thence South 660 feet to the South line of the North one half of the Northeast quarter of the Southeast quarter said section 9 and the Point of Beginning. Described area being part the Southeast and Northeast quarters of said Section 9 T21N R18E, Described area containing 36.06 Acres M/L, which is the same real estate as set forth in the Annexation Petition, be hereby annexed to the Village of Little Chute as located in Outagamie County, State of Wisconsin. 2. The territory is annexed to the Village for zoning purposes as follows: ID - Industrial District, 3. The territory is annexed to the Village for voting purposes is designated and attached to WARD 13, 4. That a scale map of the area, showing the boundaries of annexation territory and its relationship to the boundaries of the Village of Little Chute, is hereby adopted by reference. 5. The current population of the territory being annexed is zero (0) persons, determined in accordance with the definition under Section 66.0217(3), Wisconsin Statutes. 6. This Annexation Ordinance shall be effective upon its enactment by a two-thirds vote of the Village Board of Trustees of the Village of Little Chute. 7. The Village Clerk of the Village of Little Chute shall file with the Wisconsin Secretary of State a certified copy of this Annexation Ordinance and with each company providing utility services in the area annexed. One original copy of this Annexation Ordinance shall be provided to the Outagamie County Register of Deeds for recording/filing purposes, and one certified copy shall be filed with the Clerk of each affected school district and township. 8. The Finance Director of the Village shall pay to the Town Clerk the amount of $41.55 which represents total reimbursement of town portion of the property tax of the area annexed over a five year period. Date introduced: April 18, 2018 Approved and adopted: April 18, 2018 VILLAGE OF LITTLE CHUTE By: ______________________________ Michael Vanden Berg, Village President Attest: Laurie Decker, Village Clerk NUMBER VOTED FOR: NUMBER VOTED AGAINST: State of Wisconsin ) ) ss Outagamie County ) Personally appeared before me on the day of ____________, 2018 the above named officers, to me known to be the persons who executed the foregoing instrument and acknowledge the same. Notary Public, State of Wisconsin My Commission expires:  VILLAGE OF LITTLE CHUTE ORDINANCE NO. 8, SERIES 2018 Amended and Restated Ordinance Imposing a Room Tax on the Privilege of Furnishing, at Retail, Except Sales for Resale, Rooms or Lodging to Transients WHEREAS, the Village of Little Chute (the “Village”) is a duly organized and existing village created under the provisions of the laws of the State of Wisconsin; and WHEREAS, Section 66.0615 of the Wisconsin Statutes authorizes the governing body of a municipality to adopt an ordinance imposing a tax (the “Room Tax”) on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public; and WHEREAS, the geographic area encompassing the City of Appleton, Wisconsin, the City of Kaukauna, Wisconsin, , the City of Neenah, Wisconsin, the Village of Kimberly, Wisconsin, , the Village of Little Chute, Wisconsin, the Town of Grand Chute, Wisconsin, the Town of Neenah, Wisconsin, the Village of Fox Crossing, Wisconsin, the City of Menasha, Wisconsin, and the Village of Sherwood, Wisconsin (including any additional municipality in the same geographic area that may become a party to the Room Tax Commission Agreement described herein, collectively, the “Municipalities”), is hereby confirmed to be a single destination as perceived by the traveling public, and, therefore, a “tourism zone”, as that term is used in Section 66.0615 of the Wisconsin Statutes (the “Room Tax Act”), which single destination is referred to as the “Fox Cities Tourism Zone”; and WHEREAS, on November ___, 2015 this Village Board previously enacted a room tax ordinance (the “Prior Ordinance”) imposing a 10% Room Tax comprising: (i) a 3% Room Tax collected for the support of the Fox Cities Convention & Visitors Bureau, Inc., a Wisconsin non-stock, nonprofit corporation, a 5% portion of which could be retained by the Village for the purposes of the Municipal Room Tax (as defined below) (the “CVB Room Tax”); (ii) a 2% Room Tax collected for the payment of debt service on bonds issued by the Redevelopment Authority of the City of Appleton, Wisconsin, to partially fund construction of the Fox Cities Performing Arts Center (the “PAC Bonds”) and, upon payment in full of the PAC Bonds, to be reallocated for the purposes of the Tourism Facilities Room Tax (as defined below) (the “PAC Room Tax”); (iii) a 3% Room Tax collected for the direct or indirect payment of the costs of construction of the Fox Cities Exhibition Center or debt service on bonds 4827-0830-7297.1  issued to finance or refinance the Fox Cities Exhibition Center (the “Exhibition Center Room Tax”); (iv) a 1% Room Tax collected for general purposes, including, but not limited to tourism support and development in the Village (the “Municipal Room Tax”); and (v) a 1% Room Tax collected for the development and support of amateur sports facilities within the Fox Cities Tourism Zone and/or other facilities which are reasonably likely to generate paid overnight stays at more than one hotel or motel establishment within the Fox Cities Tourism Zone (the “Tourism Facilities Room Tax”); and WHEREAS, subsequent to the adoption of the Prior Ordinance, certain facts and assumptions contemplated and described in the Prior Ordinance have changed, including that the PAC Bonds have been paid in full and the PAC Room Tax has been reallocated to the purposes of the Tourism Facilities Room Tax, the Room Tax Act has been amended, and the Town of Menasha, Wisconsin, a municipality within the Fox Cities Tourism Zone, has been incorporated as the Village of Fox Crossing, Wisconsin; and WHEREAS, the Village desires (i) to clarify the allocation of the 10% Room Tax imposed in the Prior Ordinance by removing reference to the PAC Room Tax and reflecting that the Tourism Facilities Room Tax percentage is now 3%, (ii) to make conforming changes to the CVB Room Tax and Municipal Room Tax percentages to reflect the actual percentages each of the recipients are currently receiving, and (iii) to enter into a fiscal agency agreement pursuant to which all Room Tax would be paid to a fiscal agent and be allocated by the fiscal agent to the recipients of the Room Tax for the specific Room Tax purposes set forth in this Ordinance; and WHEREAS, the Village acknowledges that the Room Tax Act includes certain conditions on the imposition of Room Taxes, including a consideration of the populations of counties in which the Municipalities are located; and WHEREAS, the Municipalities are located within Outagamie, Calumet, and/or Winnebago Counties, each of which has a population of less than 380,000 and none of which is located adjacent to a county with a population of more than 380,000; and WHEREAS, the Village has entered into an Amended and Restated Room Tax Commission and Tourism Zone Agreement with the other Municipalities, which created the Fox Cities Room Tax Commission in order to coordinate tourism promotion and tourism development within the Fox Cities Tourism Zone using the proceeds of Room Taxes; and WHEREAS, by the adoption of this Ordinance, the Village repeals and restates the Prior Ordinance to continue the imposition of the Room Tax uniformly with the room taxes imposed by the other Municipalities located within the Fox Cities Tourism Zone pursuant to the requirements of the Room Tax Act; and WHEREAS, this Village Board finds that the best interests of the Village are served by the adoption of this Ordinance; -2- 4827-0830-7297.1  NOW, THEREFORE, the Village Board of the Village of Little Chute, Wisconsin do ordain as follows: 1. Recitals. The above recitals are incorporated by reference herein and made a part hereof. 2. Amendment and Restatement of Code Section. [Chapter __, Section _____] of the Village’s [Code of Ordinances] [the Prior Ordinance] is hereby repealed and restated in its entirety to read as follows: [Section __________. Room Tax]. (A) Definitions. In addition to the terms defined in this Section, the terms used in this Ordinance shall have the definitions, if any, set forth in the Room Tax Act (as defined below). (1) “CVB” shall mean the Fox Cities Convention & Visitors Bureau, Inc., a Wisconsin nonstock corporation, and it successors. (2) “Exhibition Center Bonds” shall mean the Redevelopment Authority of the City of Appleton, Wisconsin Taxable Lease Revenue Bonds, Series 2018 (Fox Cities Exhibition Center Project), issued to finance or refinance the construction and related costs of the Fox Cities Exhibition Center, and any additional bonds issued to refinance said bonds. (3) “Fiscal Agent” shall mean a financial institution acting in the capacity as an agent on behalf of the Village for the receipt and allocation of the Room Taxes in accordance with this Ordinance. (4) “Fiscal Agency Agreement” shall mean an agreement entered into by and among the Municipalities, the Room Tax Commission, and the Fiscal Agent that sets forth the duties of the Fiscal Agent with respect to the Room Taxes as described in this Ordinance. (5) “Fox Cities Tourism Zone” shall mean that geographic area encompassing the City of Appleton, Wisconsin; the City of Kaukauna, Wisconsin; the City of Neenah, Wisconsin; the Village of Kimberly, Wisconsin; the Village of Little Chute, Wisconsin; the Town of Grand Chute, Wisconsin; the Town of Neenah, Wisconsin; the Village of Fox Crossing, Wisconsin; the City of Menasha, Wisconsin, the Village of Sherwood, Wisconsin, and that may in the future include any municipality that hereafter becomes a party to the Room Tax Commission Agreement. (6) “Operators” shall mean hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public, which are located in the Village and are obligated to pay Room Taxes under this Ordinance. (7) “Pledge Agreement” shall mean any pledge agreement entered into by the Municipalities and the Room Tax Commission, pursuant to which a -3- 4827-0830-7297.1  portion of the Room Tax is pledged to pay a particular project or purpose in furtherance of the purposes of the Room Tax set forth in this Ordinance, which includes the Exhibition Center Bonds and any Tourism Facilities Bonds. (8) “Quarterly Payment Date” shall mean each January 31, April 30, July 31, and October 31, each of which is the last day of the month next succeeding the end of a calendar quarter. (9) “Room Tax” shall mean a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by the Operators, pursuant to the Room Tax Act. (10) “Room Tax Act” shall mean Section 66.0615 of the Wisconsin Statutes, as amended from time to time. (11) “Room Tax Commission” shall mean the Fox Cities Room Tax Commission created by the Municipalities within the Fox Cities Tourism Zone pursuant to the Room Tax Commission Agreement in order to coordinate tourism promotion and tourism development within the Fox Cities Tourism Zone. (12) “Room Tax Commission Agreement” shall mean the Amended and Restated Room Tax Commission Agreement, dated as of November 24, 2015 entered into by and among the Municipalities and the Room Tax Commission, as amended from time to time. (13) “Tourism Facilities Bonds” shall mean any one or more series of bonds issued to finance or refinance the construction and related costs of projects undertaken by or on behalf of the Municipalities in furtherance of the Tourism Facilities Room Tax, and any additional bonds issued to refinance said bonds. (B) Imposition of Room Tax. Pursuant to the Room Tax Act, there is hereby imposed a 10% Room Tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients, by the Operators. Operators shall remit all Room Taxes to (i) the Village’s ____________ or (ii) to a Fiscal Agent on behalf of the Village pursuant to a Fiscal Agency Agreement in accordance with the requirements of this Ordinance and the Room Tax Act. Such 10% Room Tax shall be allocated as follows: (1) A 2.85% Room Tax shall be imposed and allocated toward the support of the CVB, to be used for the promotion of the Fox Cities Tourism Zone as a tourism destination (the “CVB Room Tax”). (2) A 3% Room Tax shall be imposed (subject to sunset as provided in subsection [(C)] hereof) and allocated toward payment of debt service on the Exhibition Center Bonds in accordance with a Pledge Agreement (the “Exhibition Center Room Tax”). -4- 4827-0830-7297.1  (3) A 3% Room Tax shall be imposed and allocated toward the support of amateur sports facilities within the Fox Cities Tourism Zone and/or other facilities which are reasonably likely to generate paid overnight stays at more than one hotel, motel, or other lodging establishment within the Fox Cities Tourism Zone (the “Tourism Facilities Room Tax”). (4) A 1.15% Room Tax shall be imposed and retained by the Village to be used for general tourism support and development in the Fox Cities Tourism Zone in accordance with the requirements of the Room Tax Act (the “Municipal Room Tax”). The Village or its Fiscal Agent shall forward the Room Taxes it has received, to be used as described above, to the following parties: (i) the CVB Room Tax to the CVB, (ii) the Exhibition Center Room Tax as required under the related Pledge Agreement, (iii) the Municipal Room Tax to the Village, and (iv) the Tourism Facilities Room Tax to the Room Tax Commission or its designees on its behalf (including the CVB), or as otherwise required under a Pledge Agreement. (C) Expiration of Exhibition Center Room Tax. The Exhibition Center Room Tax shall sunset and expire upon payment in full of all outstanding Exhibition Center Bonds and any related outstanding fees or expenses therefor, at which time the Room Tax shall be reduced by 3% with such reduction being deemed to be the share of the Room Tax allocated to the Exhibition Center Room Tax. Notwithstanding the foregoing, Operators may not discontinue collection of the Exhibition Center Room Tax until the Village provides notice that the Exhibition Center Room Tax has been terminated by operation of this Ordinance. After all outstanding Exhibition Center Bonds are paid in full, any excess Exhibition Center Room Tax revenues collected that are not needed to pay the Exhibition Center Bonds or any related outstanding fees or expenses shall be forwarded to the CVB and reallocated to the purposes of the Tourism Facilities Room Tax. (D) Priority of Payment. In the event any Operator fails to remit the entire Room Tax amounts due on any Quarterly Payment Date under this Ordinance, the Village directs that the amounts actually received by the Village (or its Fiscal Agent) shall be applied in the following priority order: (1) first, to the CVB Room Tax until paid in full; (2) second, to the Exhibition Center Room Tax, if any, until paid in full; (3) third, to the Tourism Facilities Room Tax until paid in full; and (4) fourth, to the Municipal Room Tax. (E) Tourism Entity. The CVB shall act as the “tourism entity,” as that term is defined in the Room Tax Act, for purposes of providing staff, support services and assistance to the Room Tax Commission in developing and implementing programs to promote the Fox Cities Tourism Zone to visitors, as more fully set forth in an agreement between the Room Tax Commission and the CVB. The -5- 4827-0830-7297.1  CVB may also hold and administer the Tourism Facilities Room Tax on behalf of the Room Tax Commission in furtherance of the purpose of the Tourism Facilities Room Tax, except when a related Pledge Agreement is in effect. (F) Collection and Administration of Room Tax; Operator Reports. This Ordinance shall be administered by the Village’s Clerk. The Room Tax imposed by this Ordinance shall be payable on each Quarterly Payment Date to the Village (or to a Fiscal Agent on behalf of the Village pursuant to a Fiscal Agency Agreement). A report shall be filed by each Operator with the Village’s ____________ (or with a Fiscal Agent) on or before each Quarterly Payment Date. Such report shall show the gross room receipts of the preceding calendar quarter from such retail furnishing of rooms or lodging, the amount of Room Tax imposed for such period, and such other information as the Village deems necessary. Every Operator required to file such quarterly report shall, with its first report, elect to file an annual report based on either the calendar year or its fiscal year. Such annual report shall be filed within 90 days after the close of each such calendar or fiscal year. The annual report shall summarize the quarterly reports, shall reconcile and adjust for errors in the quarterly reports, and shall contain certain such additional information as the Village requires. Such annual reports shall be signed by a representative of the Operator or its duly authorized agent, but need not be verified by oath. The Village may, for good cause, extend the due date for filing any report, but in no event shall such extension be longer than one month after the due date. (G) Operator Permit Required. Every Operator is required under this Ordinance to file with the Village’s Clerk an application for a permit for each place of business that is required to pay Room Tax hereunder. Every application for a permit shall be submitted to the Village’s Clerk using a form prescribed by the Village and shall set forth the name under which the Operator transacts or intends to transact business, the location of its place of business, and such other information as the Village requires. The application shall be signed by the owner of the Operator if a sole proprietor and, if not a sole proprietor, by an authorized representative of such Operator. Together with the permit application, each Operator shall pay the Village an initial fee of $20.00 for each permit. A permit issued hereunder is non- transferable. (H) Penalty for Violations. In addition to the Schedule of Forfeiture described in subsection [(J)] hereof, any Operator in violation of the terms of this Ordinance by failing to obtain a permit shall be subject to a penalty not to exceed $200.00 for each violation. Each room or unit separately rented or offered for rent, and each day of such rental or offer for rental of such unit shall be a separate violation. In addition, injunctive relief is hereby authorized to discontinue any violation of this Ordinance. Any Operator deemed to have violated any of the provisions of this Ordinance shall be obligated to pay the costs of prosecution, in addition to actual attorney fees expended in the course of said enforcement. The Village may revoke or suspend any permit issued hereunder for failure to comply with the provisions hereof. -6- 4827-0830-7297.1  (I) Liability for Room Tax on Sale or Transfer of Business. If any Operator sells or transfers all or substantially all of its interest in its hotel, motel or other lodging accommodation, its successors or assigns shall withhold sufficient amounts from the purchase price to pay any amount of Room Tax liability due through the sale or transfer date until the Operator produces a receipt from the Village’s Treasurer that its liability has been paid in full or a certificate stating that no Room Tax amount is due. If a successor Operator fails to withhold such amount from the purchase price as required, such successor Operator shall become liable for payment of the Room Tax amount it is required to withhold. (J) Schedule of Forfeiture. In addition to paying the Room Taxes due hereunder, any Operator that has failed to pay any Room Tax when due shall be required to pay a forfeiture in an amount equal to 25% of the Room Tax due from the Operator to the Village for the previous year and unpaid, or $5,000, whichever is less, for failure to pay the Room Tax due hereunder. (K) Confidentiality of Information. To the extent permitted under the law, the information provided to the Village under Section 66.0615 (2) of the Wisconsin Statutes shall remain confidential; provided, however, that the Village or any employee thereof may use such information in the discharge of duties imposed by law or of the duties of their office or by order of a court. Persons violating the provisions of this subsection may be required to forfeit not less than $100 nor more than $500. (L) Enforcement. The Village shall enforce this Ordinance in accordance with the Room Tax Act. 3. Publication of Ordinance. This Ordinance shall be published, either in its entirety or in the form of a notice containing the information required under Section 61.50(3)(b) of the Wisconsin Statutes, in the official newspaper of the Village as a class 1 notice under Chapter 985 of the Wisconsin Statutes. 4. Fiscal Agency Agreement. The Village President and the Clerk of the Village are hereby authorized to enter into a Fiscal Agency Agreement with the other Municipalities, the Room Tax Commission, and a Fiscal Agent for the purposes of the receipt of the Room Tax from the Operators and the application thereof in accordance with this Ordinance and any Pledge Agreement. The Village President and the Clerk are hereby authorized and directed for and in the name of the Village to execute and deliver the Fiscal Agency Agreement, in substantially the form provided to this meeting, with such insertions of corrections thereto as shall be approved by the above officers consistent with the terms of this Ordinance, the execution thereof to constitute conclusive evidence of the approval of any such insertions or corrections. 5. Conflicting Ordinances Superseded; Severability. This Ordinance continues, amends, and restates the Prior Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. The invalidity of any section or provision of this Ordinance hereby adopted and approved shall not invalidate other sections or provisions hereof. -7- 4827-0830-7297.1 6. Effective Date. This Ordinance shall take effect on the date that is the later of (i) May 1, 2018 or (ii) the day after the date of publication of this Ordinance as described in Section 3 hereof. ********** Adopted: April 18, 2018 Publication Date: April 18, 2018 Michael R. Vanden Berg, Village President Laurie Decker, Village Clerk -8- 4827-0830-7297.1  CERTIFICATIONS BY CLERK I, ____________________________________, hereby certify that I am the duly qualified and acting Clerk of the Village of Little Chute, Wisconsin (the “Village”), and as such I have in my possession, or have access to, the complete corporate records of said Village and of its Village Board (the “Governing Body”) and that attached hereto is a true, correct, and complete copy of the ordinance (the “Ordinance”) entitled: Amended and Restated Ordinance Imposing a Room Tax on the Privilege of Furnishing, at Retail, Except Sales for Resale, Rooms or Lodging to Transients I do hereby further certify as follows: 1. Meeting Date. On April ____, 2018, a meeting of the Governing Body was held commencing at _______ p.m. 2. Posting. On April ____, 2018 (and not less than 24 hours prior to the meeting), I posted, or caused to be posted, at the Village’s offices in Little Chute, Wisconsin a notice setting forth the date, time, location, and subject matter (including specific reference to the Ordinance) of said meeting. 3. Notification of Media. On April ____, 2018 (and not less than 24 hours prior to the meeting), I communicated or caused to be communicated, the date, time, location, and subject matter (including specific reference to the Ordinance) of said meeting to those news media who have filed a written request for such notice and to the official newspaper of the Village. 4. Open Meeting Law Compliance. Said meeting was a regular meeting of the Governing Body that was held in open session in compliance with Subchapter V of Chapter 19 of the Wisconsin Statutes and any other applicable local rules and state statutes. 5. Members Present. Said meeting was duly called to order by the Village President (the “Presiding Officer”), who chaired the meeting. Upon roll call, I noted and recorded that there were ______ members of the Governing Body present at the meeting, such number being a quorum of the Governing Body. 6. Consideration of and Roll Call Vote on Resolution. Various matters and business were taken up during the course of the meeting without intervention of any closed session. One of the matters taken up was the Ordinance. A proper quorum of the Governing Body was present for the consideration of the Ordinance, and each member of the Governing Body had received a copy of the Ordinance. All rules of the Governing Body that interfered with the consideration of the Ordinance, if any, were suspended by a two-thirds vote of the Governing Body. The Ordinance was then introduced, moved, and seconded, and after due consideration, upon roll call, _____ of the Governing Body members voted Aye, _____ voted Nay, and _____ Abstained. -i- 4827-0830-7297.1  7. Adoption of Ordinance. The Ordinance was supported by the affirmative vote of a majority of a quorum of the members of the Governing Body in attendance. The Presiding Officer then declared that the Ordinance was passed, and I recorded the Ordinance. 8. Publication of Ordinance. I have caused the Ordinance, or a notice thereof, to be published as specified in the Ordinance. 9. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the Village, if any, hereto on April ____, 2018. Clerk [SEAL] -ii- 4827-0830-7297.1  VILLAGE OF LITTLE CHUTE RESOLUTION NO. 15, SERIES OF 2018 RESOLUTION FOR DNR OUTDOOR RECREATION AID FOR THE VILLAGE OF LITTLE CHUTE PARKS, RECREATION, & FORESTRY DEPARTMENT WHEREAS, the Village of Little Chute is interested in developing lands for public outdoor recreation purposes as described in the application; and WHEREAS, financial aid is required to carry out the project; THEREFORE, BE IT RESOLVED, that the Village of Little Chute has budgeted a sum sufficient to complete the project and HEREBY AUTHORIZES Adam Breest, Parks, Recreation, & Forestry Director to act on behalf of the Village of Little Chute to: Submit an application to the State of Wisconsin Department of Natural Resources for any financial aid that may be available; Submit reimbursement claims along with necessary supporting documentation within 6 months of project completion date; Submit signed documents; and Take necessary action to undertake, direct, and complete the approved project. BE IT FURTHER RESOLVED that the Village of Little Chute will comply with state or federal rules for the programs; may perform force account work; will maintain the competed project in an attractive, inviting and safe manner; will keep the facilities open to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources or the National Park Service approval in writing before any change is made in the use of the project site. Introduced, approved and adopted this _______ day of _____________, 2018. VILLAGE OF LITTLE CHUTE By:_____________________________________ Michael R. Vanden Berg, Village President Attest:___________________________________ Laurie Decker, Village Clerk IMPORTANT NOTE: The DNR expects the individual authorized by this resolution to become familiar with the applicable grant program’s procedures for the purpose of taking the necessary actions to undertake, direct, and complete the approved project. This includes acting as the primary contact for the project, submitting required materials for a complete grant application, carrying out the acquisition or development project (e.g., obtaining required permits, noticing, bidding, following acquisition guidelines etc.), and closing the grant project (e.g., submitting grant reimbursement forms and documentation, and organization of project files for future monitoring of compliance with grant program.  F&L Draft Dated 4/6/2018 FOX CITIES ROOM TAX FISCAL AGENCY AGREEMENT THIS FOX CITIES ROOM TAX FISCAL AGENCY AGREEMENT is made and entered into as of [May 1], 2018 (this “Agreement”), by and among the City of Appleton, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Appleton”), the City of Kaukauna, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Kaukauna”), the City of Neenah, Wisconsin, a Wisconsin municipal corporation and political subdivision (“City of Neenah”), the Village of Kimberly, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Kimberly”), the Village of Little Chute, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Little Chute”), the Town of Grand Chute, Wisconsin, a Wisconsin political subdivision (“Grand Chute”), the Town of Neenah, Wisconsin, a Wisconsin political subdivision (“Town of Neenah”), the Village of Fox Crossing, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Fox Crossing”), the City of Menasha, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Menasha”), and the Village of Sherwood, Wisconsin, a Wisconsin municipal corporation and political subdivision (“Sherwood”), collectively with Appleton, Kaukauna, City of Neenah, Kimberly, Little Chute, Grand Chute, Town of Neenah, Fox Crossing, Menasha, and Sherwood (together with any other municipality that may become a party hereto, the “Municipalities”), the Fox Cities Area Room Tax Commission, a Wisconsin intergovernmental commission (the “Commission”), and Associated Trust Company, National Association, a national bank organized under the laws of the United States of America (the “Fiscal Agent”). RECITALS: 1. The governing body of each Municipality has adopted a room tax ordinance (the “Ordinance”) that levied a room tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients (the “Room Tax”) in the amount of 10% by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public (the “Operators”) within the Fox Cities Tourism Zone (as defined below), pursuant to Section 66.0615 of the Wisconsin Statutes, as amended (the “Room Tax Act”). 2. The Municipalities and the Commission have entered into an Amended and Restated Room Tax Commission and Tourism Zone Agreement, dated as of November 24, 2015, as amended by a First Amendment to Amended and Restated Room Tax Commission and Tourism Zone Agreement, dated as of [May 1], 2018 (as further amended from time to time, the “Room Tax Commission Agreement”), pursuant to which, among other things, the Commission was created and the Municipalities agreed that the geographic area encompassing the Municipalities is a single destination as perceived by the traveling public, and is therefore a “zone,” as that term is used in the Room Tax Act, referred to as the “Fox Cities Tourism Zone”. 3. The Commission and the Fox Cities Convention & Visitors Bureau, Inc., a Wisconsin nonstock, nonprofit corporation (the “CVB”), have entered into an Amended and Restated Tourism Entity Agreement, dated as of [May 1], 2018 (the “Tourism Entity Agreement”), pursuant to which the CVB, in its capacity as a “tourism entity” as defined in the Room Tax Act, will provide the Commission with staff, support services, and assistance in 4829-6862-3968.5 developing and implementing programs to promote the Fox Cities Tourism Zone to visitors, including the administration and application of the portion of the Room Tax remitted to the CVB on behalf of the Commission by the Municipalities or the Fiscal Agent. 4. The 10% Room Tax imposed by each Ordinance and as described in the Room Tax Commission Agreement comprises (i) a 2.85% Room Tax collected for the support of the CVB (the “CVB Room Tax”), (ii) a 3% Room Tax collected for the direct or indirect payment of the costs of construction of the Fox Cities Exhibition Center or debt service on bonds issued to finance or refinance the Fox Cities Exhibition Center (the “Exhibition Center Room Tax”), (iii) a 1.15% Room Tax collected for general purposes, including, but not limited to tourism support and development in the Municipality (the “Municipal Room Tax”), and (iv) a 3% Room Tax for the development and support of amateur sports facilities within the Fox Cities Tourism Zone and/or other facilities which are reasonably likely to generate paid overnight stays at more than one hotel or motel establishment within the Fox Cities Tourism Zone (the “Tourism Facilities Room Tax”). 5. Pursuant to an Indenture of Trust, dated as of May 1, 2018 (as amended and supplemented, the “Exhibition Center Indenture”), by and between the Redevelopment Authority of the City of Appleton, Wisconsin (the “ARA”) and the Fiscal Agent, in its capacity as trustee (together with its successors in such capacity, the “Exhibition Center Bond Trustee”), the ARA has issued its $_______________ Taxable Lease Revenue Bonds, Series 2018 (Fox Cities Exhibition Center Project) (together with any additional bonds as described therein, the “Exhibition Center Bonds”), debt service on which to be paid from the Exhibition Center Room Tax. 6. The Municipalities, the Commission, and the Exhibition Center Bond Trustee have entered into a Pledge and Security Agreement, dated as of May 1, 2018 (the “Exhibition Center Pledge and Security Agreement”), pursuant to which the Exhibition Center Bond Trustee is directed to apply the Exhibition Center Room Tax to the payment of the Exhibition Center Bonds in accordance with the Exhibition Center Indenture. 7. Under the Room Tax Commission Agreement, the Municipalities are directed (i) to require each Operator within its jurisdiction to pay the 10% Room Tax imposed by such Municipality pursuant to its Ordinance, and (ii) to cause the Room Tax revenues to be applied for the purposes set forth herein. 8. Pursuant to the Ordinances, the Exhibition Center Room Tax shall sunset upon payment in full of all outstanding Exhibition Center Bonds and thereafter the 10% Room Tax shall be reduced to a 7% Room Tax. 9. The Municipalities and the Commission contemplate that all or portions of the Tourism Facilities Room Tax will be dedicated from time to time to pay for specific projects (each a “Tourism Facilities Project”) and/or to pay debt service on bonds to finance or refinance one or more Tourism Facilities Projects (the “Tourism Facilities Bonds”) issued under a related indenture (a “Tourism Facilities Indenture”), in furtherance of the purposes of the Tourism Facilities Room Tax. -2- 4829-6862-3968.5  10. In connection with issuance of Tourism Facilities Bonds, one or more pledge agreements may be entered into with a trustee under a Tourism Facilities Bond Indenture (the “Tourism Facilities Bond Trustee”), pursuant to which the Tourism Facilities Bond Trustee would apply all or portions of the Tourism Facilities Room Tax to the payment of debt service and other costs relating to the Tourism Facilities Bonds (each a “Tourism Facilities Pledge Agreement”). 11. In accordance with the Ordinances and the Room Tax Commission Agreement, upon payment in full of any Tourism Facilities Bonds, the Tourism Facilities Room Tax will continue and will be remitted to the CVB on behalf of the Commission. 12. To facilitate the application the Room Tax to the purposes set forth in the Ordinances and pursuant to the Room Tax Commission Agreement, the Exhibition Center Pledge and Security Agreement, and any Tourism Facilities Pledge Agreement, the Municipalities and the Commission now desire that all the Room Tax be forwarded by the Operators to the Fiscal Agent. 13. Pursuant to the Ordinances, the Municipalities have instructed, or will instruct, the Operators to forward all Room Tax payments directly to the Fiscal Agent quarterly for receipt no later than each January 31, April 30, July 31, and October 31 (each a “Quarterly Payment Date”) in accordance with the Ordinances and the Room Tax Commission Agreement. AGREEMENT The Municipalities, the Commission, and the Fiscal Agent hereby agree as follows: Section 1 Appointment. The Municipalities and the Commission hereby appoint the Fiscal Agent as their fiscal agent to accept and hold the Room Tax payments remitted to it by the Operators, and apply the Room Tax revenues as described in this Agreement. The Fiscal Agent hereby accepts such appointment. Section 2 Creation of Accounts. The Fiscal Agent shall establish a separate account for each Municipality that imposes the Room Tax, to be designated with the name of the Municipality and the label “Room Tax Account”. The Fiscal Agent shall deposit all Room Tax payments received from the Operators located within a Municipality into such Municipality’s Room Tax Account. Section 3 Allocation of Room Tax. The Fiscal Agent shall allocate the Room Tax held in each Room Tax Account quarterly on each February 15, May 15, August 15, and November 15, as follows: (a) the CVB Room Tax shall be remitted to the CVB; -3- 4829-6862-3968.5  (b) the Exhibition Center Room Tax shall be remitted to the Exhibition Center Bond Trustee as described in the Exhibition Center Pledge and Security Agreement; provided, however, that following payment in full of the Exhibition Center Bonds any Exhibition Center Room Tax then held or thereafter received by the Fiscal Agent shall be remitted to the CVB, on behalf of the Commission, and applied to the purposes of the Tourism Facilities Room Tax in accordance with the Ordinances; (c) the Tourism Facilities Room Tax shall (i) at any time that a Tourism Facilities Pledge Agreement is in effect, be remitted to the Tourism Facilities Bond Trustee or as otherwise described in the Tourism Facilities Pledge Agreement, and (ii) at all other times, be remitted to the CVB on behalf of the Commission; and (d) the Municipal Room Tax shall be remitted to the applicable Municipality. Section 4 Priority of Payment. In the event any Operator fails to remit the entire Room Tax amounts due on any Quarterly Payment Date under this Agreement, the Fiscal Agent shall apply the amounts actually received by such Operator in the following priority order: (a) first, to the CVB Room Tax until paid in full; (b) second, to the Exhibition Center Room Tax until paid in full; (c) third, to the Tourism Facilities Room Tax until paid in full; and (d) fourth, to the Municipal Room Tax. Section 5 Investment Responsibility. [The Fiscal Agent shall not be under any obligation to invest the Room Tax held in each Room Tax Account.] Section 6 Statements and Reports. The Fiscal Agent shall (i) not later than the 15th day of each month, send a report as of the last day of the prior month to the Commission and to each Municipality, that includes a list of the then current Operators that submit Room Taxes and the amount of Room Taxes received from each Operator, and identifies the Operators that have not paid Room Taxes then due (the “Monthly Report”), (ii) not later than the 15th day of the month following the end of each calendar quarter, send a statement of transactions to each Municipality, the Room Tax Commission, and the CVB that includes all financial transactions relating to the Municipality in its Room Tax Account as of the end of the calendar quarter (the “Quarterly Statement”), and (iii) not later than the 15th day of the month following each Quarterly Payment Date, send a list to the Commission, with a copy to the related Municipality, of the Operators in each Municipality that have not paid Room Taxes as of such due date (the “Delinquency Report”). -4- 4829-6862-3968.5  The Fiscal Agent shall report, no later than March 15 of each year, to each Municipality from which it received Room Tax revenues, to the Commission, and to the CVB, a detailed accounting of the receipts and remittances of Room Tax revenues by the Fiscal Agent during such calendar year to assist the Municipalities in their required reporting to the Wisconsin Department of Revenue under the Room Tax Act. Section 7 Fees. The Issuer agrees to pay the Fiscal Agent fees for its services hereunder in the amounts set forth on the attached Exhibit A. {How will this be paid and by who? } Section 8 Miscellaneous. (a) Additional Parties to this Agreement. Any municipal government that hereafter becomes an additional member of the Commission (an “Additional Municipality”) pursuant to the Room Tax Commission Agreement shall, as a condition of such membership under the Room Tax Commission Agreement, become an additional party to this Agreement. Each Additional Municipality shall be bound to the terms, conditions, and obligations of the Municipalities under this Agreement by execution and delivery to the Fiscal Agent of a joinder agreement in substantially the form attached hereto as Exhibit B, and a copy of the executed joinder agreement shall be delivered by the Fiscal Agent to the other then-current parties to this Agreement. Acceptance by the Fiscal Agent of such joinder agreement shall, without further action or approval of the parties to this Agreement, be deemed an approval of such Additional Municipality as an additional party to this Agreement by the then-current parties to this Agreement. (b) Instructions to Operators. Each Municipality shall instruct all Operators within its jurisdiction to forward all Room Tax payments directly to the Fiscal Agent quarterly for receipt no later than each Quarterly Payment Date in accordance with this Agreement. (c) Resignation; Successor Fiscal Agent. The Fiscal Agent may resign on any date by giving not less than 60 days prior written notice to the Commission and the Municipalities. Upon receiving such notice of resignation, the Commission shall promptly appoint a successor fiscal agent by an instrument in writing executed by order of its governing body. If no successor fiscal agent shall have been so appointed and have accepted appointment within 60 days after the date of such notice of resignation, then the resigning fiscal agent may petition any court of competent jurisdiction for the appointment of a successor fiscal agent. Such court may thereupon, after such notice, if any, as it may deem proper and prescribes, appoint a successor fiscal agent. The resignation of a fiscal agent shall take effect only upon appointment of a successor fiscal agent and such successor fiscal agent’s acceptance of such appointment. The Fiscal Agent may also be removed by the Commission and the Municipalities on any date upon not less than 60 days prior written notice. Such removal shall take effect upon the appointment of a successor fiscal agent and such successor fiscal agent’s acceptance of such appointment. Any successor fiscal agent shall be qualified pursuant to Section 67.10 (2) of the Wisconsin Statutes, as amended. -5- 4829-6862-3968.5  Any successor fiscal agent shall execute, acknowledge, and deliver to the Commission and the Municipalities and to its predecessor fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation of the predecessor fiscal agent shall become effective, and such successor fiscal agent, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts, duties, and obligations of its predecessor, with like effect as if originally named as fiscal agent herein; but nevertheless, on written request of the Commission or any Municipality, or on the request of the successor, the fiscal agent ceasing to act shall execute and deliver an instrument transferring to such successor fiscal agent, all the rights, powers, and trusts of the fiscal agent so ceasing to act. Upon the request of any such successor fiscal agent, the Commission shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor fiscal agent all such rights, powers, and duties. Any predecessor fiscal agent shall pay over to its successor fiscal agent all funds in the Room Tax Accounts. (d) Modification of Agreement. This Agreement shall not be modified except by an express written agreement executed by the parties hereto. (e) Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (f) No Recourse. No recourse shall be had for any claim based on this Agreement against the Commission or the Municipalities, any director, officer, employee, or agent, past, present and future, of the Commission or any Municipality, or of any successor body, under any constitutional provision, statute or rule of law, or by the enforcement of any assessment or penalty, or by any legal or equitable proceeding or otherwise. (g) Indemnification of Fiscal Agent. The Commission and the Municipalities each agree to hold the Fiscal Agent harmless and to indemnify the Fiscal Agent from and against any loss, liability, claim, demand, or expense (including reasonable attorney’s fees and expenses), arising out of or in connection with the performance of its obligations in accordance with the provisions of this Agreement, except for negligent acts or omissions or willful misconduct of the Fiscal Agent. The foregoing indemnities in this paragraph shall survive the resignation of the Fiscal Agent or the termination of this Agreement. (h) Notices. Any notice, request, certificate, communication, or other paper to be given pursuant to this Agreement, shall be sufficiently given, and shall be deemed given, when hand delivered or sent by first class, electronic, or certified mail, or overnight delivery with proper address as indicated in each party’s address indicated beneath the signature(s) of such party to this Agreement. Any party to this Agreement may designate to the Fiscal Agent any further or different addresses to which subsequent notices, requests, certificates, communications, or other papers shall be sent. (i) Governing Law. The laws of the State of Wisconsin shall govern this Agreement. [Signature Pages Follow] -6- 4829-6862-3968.5  IN WITNESS WHEREOF, the parties have executed this Fox Cities Room Tax Fiscal Agency Agreement as of the date first written above. VILLAGE OF LITTLE CHUTE, WISCONSIN By: Michael R. Vanden Berg, Village President And: Laurie Decker, Village Clerk ADDRESS: Village of Little Chute Attention: Village Administrator 108 West Main Street Little Chute, Wisconsin 54140 Email: jfenlon@littlechutewi.org [Signature Page to Fox Cities Room Tax Fiscal Agency Agreement – Little Chute] 4829-6862-3968.5  EXHIBIT A FISCAL AGENT FEE SCHEDULE [Attached] A-1 4829-6862-3968.5  EXHIBIT B JOINDER AGREEMENT TO FOX CITIES ROOM TAX FISCAL AGENCY AGREEMENT The undersigned municipality hereby agrees that it shall be an Additional Municipality as defined in the Fox Cities Room Tax Fiscal Agency Agreement, dated as of [May 1], 2018 (the “Agreement”), among the Fox Cities Area Room Tax Commission, the municipal members of such commission, and Associated Trust Company, National Association, as fiscal agent, and hereby agrees to be bound by the terms, conditions, and obligations of the Municipalities under the Agreement, as amended from time to time. On and after the date of this Joinder Agreement, the undersigned shall be deemed a Municipality under the Agreement. IN WITNESS WHEREOF, the undersigned Municipality has duly executed this Joinder Agreement effective as of __________________, 20____. VILLAGE OF LITTE CHUTE, WISCONSIN By: Michael R. Vanden Berg, Village President And: Laurie Decker, Village Clerk ADDRESS: ___________ of _______________ Attention: ____________________ _____________________________ _______________, Wisconsin _______ Email: __________________________________ B-1 4829-6862-3968.5 Accepted on behalf of itself, the Room Tax Commission, and the Municipalities: ASSOCIATED TRUST COMPANY, NATIONAL ASSOCIATION, as trustee By _______________________________ Its: ___________________________ B-2 4829-6862-3968.5  Village of Little Chute REQUEST FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Civic Center Renovation PREPARED BY: James P. Fenlon, Administrator REPORT DATE: Friday, April 13, 2018 ADMINISTRATOR'S REVIEW/COMMENTS: ( See Below ) EXPLANATION: This information had been presented earlier this year to solicit feedback. Staff has met with various other team members and Trustees and will incorporate into the project as appropriate. The Facilities Superintendent has worked with staff and produced a basic timeline and tentative list of milestones to execute a renovation of the Civic Center. As a reminder, this effort was included in the 2018 CIP for a total budget of $150k. This project would be managed in a similar fashion to the 3rd Floor Village Hall effort, though it would be less complex from a construction perspective. Attached to this IFC is a basic summary of the project areas of work and related milestones/durations. At this time, this document contains preliminary estimates for many of these items, however, our goal will be maximize our resources through internal and external efforts to achieve the greatest cost benefit for the renovation. What has been presented generally includes mainly contractor provided estimates for the greatest scope possible. Through our management process we will aim to reduce the cost presented in the attached documents. To ensure our final renovation colors and schematics is professionally completed; we will be working to procure the assistance of a professional interior designer who can assist in this area. This will be executed in a cost effective fashion. RECOMMENDATION: Staff recommends approving the provided scope and budget estimate provided so that the Facilities Superintendent can begin executing the schedule and taking advantage of timing. C:\Documents and Settings\jfenlon\Desktop\Village Board and Notes\IFCs 4/13/2018 1:37:57 PM  Village of Little Chute Civic Center Renovations AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week4 Week 1 Week 2 Week 3 Week 4 Week 1 Week 2 Week 3 Week 4 Install Windows Demo/Carpentry Plaster walls Paint Install grid and ceiling tile Electrical HVAC Install cabinets Plumbing Install all flooring Appliances installed Clean all rooms Set rooms back up  REMODEL ESTIMATES N1 and 2 S2 and S3 S1 Kitchen Office Hallways Lobby Bathroom #1 Bathroom#2 Total Notes 1,564 sq. ft. 1,564 sq. ft. 782 sq. ft. 437 sq. ft. 391 sq. ft 980 sq. ft. 564 sq. ft. 216 sq. ft. 216 sq. ft. 6,714sq. Ft. FLOORING $8,993.00 $8,993.00 $4,496.50 $2,512.75 $2,248.25 $9,426.00 $6,810.75 N/A N/A $43,480.25 PLUMBING $500.00 $500.00 $500.00 $1,017.84 N/A N/A N/A $1,300.00 $1,300.00 $5,117.84 PAINT $1,351.20 $1,351.20 $926.40 $429.60 $696.00 $2,148.00 $1,496.40 $148.50 $148.50 $8,695.80 If we did the painting in house we could save $5,995.00 PLASTER $1,389.92 $1,389.92 $1,066.24 $409.36 $761.60 $2,284.80 N/A $196.35 $196.35 $7,694.54 CEILING $4,066.40 $4,066.00 $2,033.20 N/A $1,016.60 $2,069.20 N/A $561.60 $561.60 $14,374.60 Could save $2.600.00 if we demo the old ceilings WINDOWS $6,980.00 $3,490.00 $1,745.00 N/A $1,745.00 N/A N/A N/A N/A $13,960.00 ELECTRICAL $2,000.00 $2,000.00 $800.00 $360.00 $600.00 $540.00 N/A $300.00 $300.00 $6,900.00 Could save money from Focus on Energy, if we buy all the supplies (no tax)or someone from the village helps out Al HVAC $7,115.00 $7,115.00 $2,600.00 N/A $1,847.00 N/A N/A $331.00 $331.00 $19,339.00 DEMO/CARPENTRY $500.00 $500.00 $300.00 $250.00 $300.00 $150.00 $150.00 $150.00 $150.00 $2,450.00 CABINETS $1,750.00 $1,500.00 $1,750.00 $13,395.00 N/A N/A N/A $625.00 $625.00 $19,645.00 Could save $680.00 if we demo old cabinets,also we could sell the old cabinets APPLIANCES N/A N/A N/A $2,285.00 N/A N/A N/A N/A N/A $2,285.00 All appliances are for stainless steel finish could save $250.00 if we went with black or white finish Total no contingency $34,645.52 $30,905.12 $16,217.34 $20,659.55 $9,214.45 $16,618.00 $8,457.15 $3,612.45 $3,612.45 $143,942.03 Contingency (20%) $6,929.10 $6,181.03 $3,243.47 $4,131.91 $1,842.89 $3,323.60 1,691.43 $722.49 $722.49 $28,788.46 Total w/Contingency $41,574.62 $37,086.15 $19,460.81 $24,791.46 $11,057.34 $19,941.60 $10,148.58 $4,334.94 $4,334.94 $172,730.49 Facilities Superintendent would be relocated to the Flex Academy Office space. S1 and current facility office could be used as flexible programming space, public meeting space or incubator space. S2 and S3 and N1 and N2 will remain relatively unchanged from a floor plan perspective, outside of taking out the dividers that are currently not utilized. Kitchen would be remodeled and space. would remain unchanged. Kitchen area would also be utilized to permanently and securly store election equipment. This does not reflect furniture ( chairs and tables which will need to be addressed in the next few years) or the window treatments (which will have to be included in this project).  Village of Little Chute INFORMATION FOR VILLAGE BOARD CONSIDERATION ITEM DESCRIPTION: Wheel Tax Information PREPARED BY: Administrator Fenlon REPORT DATE: 4/13/2018 EXPLANATION: As a request from the Board of Trustees under items for future agenda, this limited report was prepared so that discussion could occur on the topic of wheel tax and how it would apply to the Village of Little Chute. This memo was provided in the Spring of 2017 and the facts, by and large, remain unchanged. This is provided so that as a Board, you have a starting point for the discussion. NOTE: All numbers presented below are from 2016. RELEVANT FACTS: 1. The Village of Little Chute has 3,737 autos, 770 cycles, 431 trailers and 4,864 trucks for a total of 9,802 vehicles registered. Of those, the DOT estimates that 8,280 would be required to pay a wheel tax if adopted. 2. At 8,280 eligible vehicles, the village would realize $82,800 in revenue at a $10 wheel tax or $165,600 revenue at a $20 wheel tax. 3. The Village has roughly 55 miles of local road. If managed appropriately, we should be replacing or reconstructing one mile per year. On average, our current CIP calls for $2.5M in reconstruction a year. $1M of that is for utilities (water, storm sanitary). Again on average, the other $1.5M is for the actual street reconstruction. 4. If you apply the current street assessment policy to the average annual spending, the goal of the current policy is to assess 60% of the costs to parcel owners (30% for each side of the street) and the remaining 40% is paid through the levy. In that scenario, average total assessments per year would equal $900k and levy totals would average $600k per year. 5. Again, using the averages above, a $20 wheel tax would generate $165.6k, or just over 10% of the $1.5M of road projects per year. A wheel tax of $10 would generate roughly $82.8k or a little over 5% of the total road project for the year. 6. State Transportation Funding - As it currently stands, there are proposal being discussed by the legislature to eliminate local governments ability to institute a wheel tax other than those already in place. The proposal would require future referendums to establish a wheel tax. Additionally, there a is a component of the proposal that would allow counties to establish a 0.5% sales tax to be applied across the county (cities, villages and towns) were the revenues would be applied to transportation related projects in an equitable manner. At this time, the Governor has stated that he does not support the Assembly’s plan on transportation at this time. 7. Local Transportation Funding – It is worth noting that a current plan in Brown County does involve a sales tax component that would fund County related transportation items. RECOMMENDATION: Presented for discussion only – NO ACTION.  Village of Little Chute Engineering Department REQUEST FOR BOARD'S CONSIDERATION ITEM DESCRIPTION: Award of 2018 Concrete Paving and Utility Projects REPORT PREPARED BY: Christopher L. Murawski, P.E. REPORT DATE: April 13, 2018 ADMINISTRATOR'S REVIEW / COMMENTS: No additional comments to this report ___________________ See additional comments attached ________________________ EXPLANATION: On April 5, 2018 bids were opened for the 2018 Utility and Street Reconstruction Projects Contract Numbers 2018001 and 2018002 respectively. The utility and street reconstruction identified for this work is located on Wilson and Hayes Streets. Additional storm sewer installation is included in the utility contract for the 42-inch pipe installation to serve downtown projects. Two bids were received ranging in cost from $1,918,131.70 to $2,005,668.13. The low bid was submitted by Donald Hietpas and Sons Inc. of Little Chute, WI in the amount of $1,918,131.70 as compared to the capital improvement budget of $1,289,503. This contractor appears to be a responsible bidder and qualified to perform the work. Alternate No. 3 from Donald Hietpas and Sons Inc. was also provided to replace a garage for this project in the amount of $28,148.70. This work is required for the downtown storm sewer project. One bid was received for paving contract (2018002) in the amount of $581,824.22 as compared to the capital improvement budget of $849,629 for this work. This bid was submitted by Vinton Construction of Manitowoc, WI. This contractor appears to be a responsible bidder and qualified to perform the work. RECOMMENDATION: It is the recommendation of the Engineering Department to award the contract for the 2018 Utility Reconstruction Project, Contract No. 2018001 to Donald Hietpas and Sons Inc. of Little Chute, WI and Include Alternate No. 3 for the total amount of $1,946,280.40. It is also the recommendation of the Engineering Department to award the contract for the 2018 Concrete Paving Street Reconstruction Project, Contract No. 2018002 to Vinton Construction of Manitowoc, WI in the amount of $581,824.22. Project Total for Paving and Utility Work = $2,528,104.62 (CIP Budget $2,139,132)