Village Board

1 VILLAGE OF WATERFORD BOARD MEETING September 9, 2024, 6:00 pm Village Hall, 123 N. River St., Waterford WI In-Person only, Teleconference will not be available 1. Call to Order 2. Pledge to the Flag 10. Swearing in of Public Officers 3. Roll Call 11. Report of Standing Committees 4. Comments and Correspondence • Explore Waterford 5. Public Appearances or Hearings • Southeastern Wisconsin Fox River Commission 6. Reading and Approval of Min: 8-12-24 VB Meeting • Central Racine County Board of Health 7. Approval of Various Licenses • Western Racine County Sewerage District 8. Report of the DPW Director, Library, Fire Chief, Police • Library Board Chief, Treasurer, Clerk, Administrator, RCEDC • Waterford Waterway Management District 9. Review and Confirmation of Committee, Commission, and • Racine County Drainage District/Fox River Citizen’s Group Board Appointments – New Business 1. Discussion on Teamcare Health Insurance Contract for represented and non-represented employees; consider an appropriate motion for action. 2. Discussion on a recommendation from the DPW Committee to create the Jonathon Delegrave Memorial Ice Rink at 10 Club Park; consider an appropriate motion for action. 3. Consider a motion to convene into Executive Session pursuant to Wisconsin State Statutes, Section 19.85(1) (f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. 4. Consider a motion to reconvene into open session. 5. Consider a motion for action related to items deliberated in closed session. Adjournment Public Notice Questions regarding the nature of the agenda items or more detail on the agenda items listed above scheduled to be considered by the governmental body listed above can be directed to Zeke Jackson, Village Administrator at 262-806-1750 or at zjackson@waterfordwi.org. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice. Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contact the Village Staff at 262-806-1750, or by writing to the Village Administrator at the Village Administration Building, 123 N. River St, Waterford WI, 53185 Copies of reports and other supporting documentation are available for review at the Village Administrator’s Office, Administration Building, 123 N. River St, Waterford WI 53185 during operating hours (9:00 a.m. – 4 p.m. Monday - Thursday). Posted 8/27/24, 4:00 PM  2 Village of Waterford Village Board Official Minutes August 12, 2024 Held at Village Hall, 123 N River Street Meeting was called to order by President Houston at 6:00 pm. Trustees Present: Don Houston, Bob Nash, Pat Goldammer, Tamara Pollnow, Troy McReynolds, Adam Jaskie, Andy Ewert Others Present: Rachel Ladewig, Zeke Jackson, Rick Huening, Mike Sponholtz, Atty Todd Terry, other members of the public Minutes: Motion by Pollnow, seconded by McReynolds, to approve the 7/8/24 Village Board Meeting Minutes. Ewert and Nash abstained All others aye. Motion carried. Public Appearances: All spoke about their concerns about the current status of the Fire & EMS departments. Roger Pattie – 114 E Elm St, Silver Lake, WI Kelly Donovan – 11820 W Greenfield Ave, Greenfield, WI Justin Lemke – 4535 S Sommerset Dr, New Berlin, WI Patrick Dillon: 2005 Buela Ave, East Troy, WI Presentation of the 2024 Stakeholder Survey Results. Jackson reviewed the results of the 2024 Stakeholder Survey with the Village Board. The ten percent response rate we received was phenomenal. No motion was necessary. Discussion on Resolution 1020-081224, A Resolution Adopting the Racine County Hazard Mitigation Plan Update 2023-2028. Motion by Ewert, second by Pollnow to adopt Resolution 1020-081224 - A Resolution Adopting the Racine County Hazard Mitigation Plan Update 2023-2028. All aye, motion carried. Discussion on Ordinance 705-081224 Amending and Recreating Chapter 98-27 of the Village’s Code of Ordinances, Swimming Pools. Motion by McReynolds, second by Nash to adopt Ordinance 705-081224 - A Resolution Adopting the Racine County Hazard Mitigation Plan Update 2023-2028. All aye, motion carried. Discussion on Ordinance 708-081224, Amending and Recreating Chapter 87 of the Village’s Code of Ordinances, Regulation of Animals. Motion by Pollnow, second by McReynolds to table the approval of Ordinance 708-081224, Regulation of Animals in Parks until the September Village Board meeting. All aye, motion carried. Discussion on Ordinance 707-081224, Amending and Recreating Chapter 170 of the Village’s Code of Ordinances, Parks and Recreation related to liquor in parks. Motion by Ewert, second by Nash to adopt ordinance 707-081224. All aye, motion carried. Discussion on Resolution 1019-081224, Amending the 2024 Budget. Motion by Pollnow, second by Goldammer. All aye, motion carried.  3 Consider a motion to convene into Executive Session pursuant to Wisconsin State Statutes, Section 19.85(1) (f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. Motion by Pollnow, second by McReynolds to go into closed session by roll call vote; Nash-aye, Goldammer- aye, Pollnow-aye, Houston-aye, McReynolds-aye, Jaskie-aye, Ewert-aye. Motion carried. Goldammer motioned and Jaskie seconded to reconvene into open session. No motions were made over the items that were deliberated during closed session. Discussion on an Interim EMS Department Director. Ewert motioned and Nash seconded to appoint Kurt Spotz as the Interim EMS Department Director. Motion by Pollnow, second by Jaskie, to adjourn at 8:05 PM. All aye. Motion carried. Respectfully submitted by, Rachel Ladewig, Village Clerk  4 EMPLOYEE TRUSTEES CHARLES A. WHOBREY GARY DUNHAM TREVOR LAWRENCE JOSEPH GRONEK EMPLOYER TRUSTEES GARY F. CALDWELL CHRISTOPHER J. LANGAN ROBERT WHITAKER MARK F. ANGERAME EXECUTIVE DIRECTOR THOMAS C. NYHAN August 22, 2024 THOMAS J BENNETT ZEKE JACKSON SECRETARY-TREASURER VILLAGE ADMINISTRATOR LOCAL UNION NO. 200 VILLAGE OF WATERFORD 6200 W. BLUEMOUND RD 123 N RIVER STREET MILWAUKEE, WI 53213 WATERFORD, WI 53185 RE: VILLAGE OF WATERFORD Account No. 8395870-0100-00200A (Public Works) Account No. 8395870-0100-00200B (Non-Bargaining Unit) Account No. 8395870-0100-00200C (Library) Dear Thomas J Bennett and Zeke Jackson: Our records indicate that the most recent collective bargaining agreement between VILLAGE OF WATERFORD and LOCAL UNION NO. 200 provided for Health and Welfare Plan M9 benefits, excluding retiree coverage. The cost of providing this benefit level is as follows: Effective Date Amount Current $427.80 12/29/2024 (2025) $451.30 01/04/2026 $451.30 01/03/2027 $469.40* *Not to exceed. Please note that the Fund will inform the parties when the 2027 health and welfare contribution rates are established, and if lower the Fund will automatically reduce the rates to the newly established rates provided that the collective bargaining agreement contains the previously quoted “not-to-exceed” language. Therefore, the parties should also consider negotiating language as to how any potential health and welfare savings will be distributed. Enclosed please find a notice concerning the “grandfathered health plan” status of the Central States Health and Welfare Fund. The Trustees have chosen to maintain this status in order to maintain low contribution rates and to minimize changes needed to be implemented on account of the Affordable Care Act in order to limit disruption to the administration of the plan. In accordance with the present requirements for grandfathered status plans please be advised that there are two restrictions that you need to be aware of. First, the Fund has a limited ability to accept renewal contracts that change benefits that were in effect on March 23, 2010 unless the parties sign a "bona fide employment based reason" statement. Also, the Fund is limited in being able to accept new contracts that shift any additional portion of the cost of the health coverage to the bargaining unit member. If you have questions in regard to this, please contact your Field Service Representative or the Contract Department on at (847) 232-5703 before entering into any new agreement which may not be acceptable to the Fund. 8647 West Higgins Road, Chicago IL 60631‐2803 | MyTeamCare.org  5 August 22, 2024 VILLAGE OF WATERFORD PAGE TWO Also be advised that the waiting periods for new hires must be in accordance with Question and Answer #1 of Special Bulletin 2013-1. Collective Bargaining Agreements ratified on or after July 1, 2013 will not be accepted unless the waiting period under the terms of the agreement is no more than thirty (30) calendar days unless the Board of Trustees explicitly consents in writing to a longer period. Lastly, Fund policy requires that health and welfare contributions be submitted on all employees covered by the agreement for all periods including full-time and non-full-time employees after they have been on the Employer’s payroll for no longer than 30 calendar days. However, if your agreement has historically excluded or limited health contributions on non-full-time employees, the agreement may or may not be in compliance with the Fund’s policies. If you have historically excluded non-full-time employees, please contact the Fund at (847) 232-5703 for discussion and information prior to completing your negotiations. Please sign and return the attached Participation Agreement by December 5, 2024, if the group wishes to continue participating in the Health Funds. The rates listed above are valid if incorporated into your renewal agreement. Upon execution of the Renewal Agreement, you are required to send a copy to: Central States Health and Welfare Fund 8647 W Higgins Road Chicago, IL 60631 Attn: Contract Department If there are any questions, please let me know. I can be reached at (847) 232-5703. Sincerely, Karl A. Lewis Division Manager Contracts cc: Heather Schissel, Teamleader, Contracts Department  6 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 BARGAINING UNIT EMPLOYEES ACCOUNT NUMBER: 8395870-0100-00200A THIS AGREEMENT between the Village of Waterford, Wisconsin (the “Employer”) and the Central States, Southeast and Southwest Areas Health and Welfare Fund (“Health and Welfare Fund”) sets forth the terms under which the Employer will participate in the Health and Welfare Fund on behalf of Employees covered by its collective bargaining agreement with a Local Union affiliated with the International Brotherhood of Teamsters (the “Union”) covering the following job classification(s): Public Works Department and any other job classification covered by the collective bargaining agreement. This Participation Agreement shall become effective on January 1, 2024, and as of that date shall supersede any prior Bargaining Unit Employee Participation Agreement executed by the Employer. 1. The Employer agrees to be bound by the Trust Agreement of the Health and Welfare Fund (“Trust Agreement”) and any and all amendments to the Trust Agreement that are or become subsequently adopted, as well as all rules and regulations presently in effect or subsequently adopted by the Trustees of the Health and Welfare Fund (the “Trustees”), and the Employer agrees to accept the respective Employer and Employee Trustees and their successors. 2. The Employer shall contribute to the Health and Welfare Fund for each Employee at the following weekly rates: Effective Date: 12/31/2023 Rate: $427.80 / wk Effective Date: 12/29/2024 Rate: $451.30 / wk Effective Date: 01/04/2026 Rate: $451.30 / wk Effective Date: 01/03/2027 Rate: $469.40 / wk * *Rate to Maintain Plan M9, Not-to-Exceed 3. The contribution rate beginning twelve months after the last Effective Date set forth in paragraph 2 shall be the rate determined by the Trustees to maintain the existing benefit plan, and such rate changes shall be incorporated into this Participation Agreement. 4. This Participation Agreement and the Employer’s obligation to pay contributions to the Health and Welfare Fund shall continue in effect after the initial “Effective Date” set forth in paragraph 2 and will continue thereafter for three year terms absent a written notice of termination served by certified mail (return receipt requested) that is mailed at least 60 days before the initial  7 Page 2 termination date or extended termination date. Any notice directed to the Health and Welfare Fund shall be sent to the above address and shall be directed to the Contracts Department. Any notice to the Employer shall be sent to the address set forth below or the address to which monthly contribution bills are sent. Notwithstanding the foregoing, the Participation Agreement shall terminate a) on the date selected by the Trustees in the event they decide to terminate participation under Article IV, Section 20 of the Trust Agreement because they determine that this Agreement is unlawful and/or inconsistent with any rule or requirement for participation by Employers in the Fund and/or that the Employer is engaged in one or more practices or arrangements that threaten to cause economic harm to, and/or impairment of the actuarial soundness of the Fund, or b) the date of the certification of the result of an election that terminates the Union’s status as representative of the Employees, or c) the date the Union’s representative status terminates through a valid disclaimer of interest. In the event an election certification or disclaimer of interest referred to in b) or c) relates to only part of the bargaining unit, this Agreement shall remain in effect with respect to the remainder of the bargaining unit. 5. For purposes of this Participation Agreement, the term “Employee” shall mean the following: a. Each and every individual employed by the Employer on a full-time basis who is performing work in a classification covered by a collective bargaining agreement between the Employer and the Union or represented by the Union. An employee is employed on a full-time basis if the employee is reasonably expected to have 30 or more hours of compensation per week. A newly hired full-time employee who is covered by a collective bargaining agreement will become an Employee on whose behalf contributions are due from the first day worked. Employee shall not include any person employed in a managerial or supervisory capacity or any person employed for the principal purpose of obtaining benefits from the Health and Welfare Fund. b. Any employee who is performing work that is covered by a collective bargaining agreement and who is not a full-time employee because the employee is not reasonably expected to receive 30 or more hours of compensation per week is a variable hour employee (including a part-time, temporary, extra, casual, and/or seasonal employee) shall not be an Employee, and contributions shall not be due on the employee’s behalf except as provided in this subparagraph 5(b). The Employer agrees to use the look-back measurement method described at 26 CFR §54.4980H- 3(d) for determining full-time status under the Affordable Care Act. The Employer agrees that any employee who was not reasonably expected to be a full-time employee will become an Employee (so contributions will be due on the employee’s behalf) if the employee averages 30 or more hours of compensation per week during the initial measurement period or during any standard measurement period. Further, if the employee averages 30 or more hours of compensation per week during the initial measurement period or during a standard measurement period, the Employer must make contributions not only for the applicable stability period but also for the eight weeks immediately before the beginning of the stability period (less any weeks of contributions the Employer has paid on the employee during the 52-week period ending on the last day of a standard measurement period). For a newly hired employee who is not reasonably expected to receive 30 or more hours of compensation at the time of hire, the initial measurement period shall be the 12-month period from the first day compensated, and the initial stability period shall be the subsequent 12-month period. The standard measurement period shall be from January 1 through December 31 followed by a standard stability period from January 1 through December 31. The Employer shall be required to contribute for each week of the stability period (regardless of whether the employee receives compensation for the week); the only exception is that contributions will not be due if the employment relationship is  8 Page 3 terminated during an initial stability period or a standard stability period, in which case the Employer shall not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions will be due for the remainder of the stability period). The initial measurement period calculation shall apply to any employee hired after January 1, 2023, and the standard measurement period calculation shall begin with calendar year 2023 (so any employee who averaged 30 or more hours of compensation per week between January 1, 2023, and December 31, 2023, will be considered a full-time employee as of January 1, 2024). c. An example of the Employer’s obligation under subparagraph b) would be a newly hired employee who is covered by a collective bargaining agreement and who was not expected to average more than 30 hours of compensation per week began work on March 6, 2023, but actually averaged 30 hours per week (1,560 total hours) or more of compensation for the initial measurement period from March 6, 2023, through March 5, 2024. Such employee became an Employee and the Employer would pay contributions on the employee for the eight weeks from January 9, 2024, through March 5, 2024, and for the initial stability period from March 6, 2024, through March 5, 2025. However, if the employment relationship was terminated during the initial stability period, the Employer would not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions would be due for the remainder of the stability period). If this employee did not average 30 hours per week (1,560 total hours) or more of compensation for the initial measurement period but did average 30 hours per week or more for the standard measurement period from January 1, 2024, through December 31, 2024, then the employee became an Employee and the Employer would pay contributions for the eight week period from November 3, 2024, through December 31, 2024, and for the standard stability period from January 1, 2025, through December 31, 2025; but if the employment relationship is terminated during the standard stability period, the Employer would not be required to contribute for the weeks after the termination (unless the employee was rehired within 13 weeks, in that instance contributions would be due for the remainder of the stability period). d. It is understood that an employee's expected number of hours can change during the employment relationship. If it happens that the status of a full-time employee changes due to a permanent reduction in the number of hours of compensation below 30 hours, the Employer contribution obligation with respect to the employee will thereafter be covered by paragraphs 5(b) and (c) of this Participation Agreement. If it happens that the status of an employee who is not a full-time employee changes due to a permanent increase in the expected number of hours of compensation to 30 or more hours per week, the employee will become an Employee, and contributions will be due on the employee’s behalf immediately. e. Any Employee who is eligible to have contributions paid on his/her behalf under this Participation Agreement may not waive coverage. 6. The Employer agrees to remit contributions on behalf of each Employee for any period he/she receives, or is entitled to receive, compensation (regardless of whether the employment relationship is terminated), including show up time pay, overtime pay, holiday pay, disability or illness pay, layoff/severance pay, vacation pay or the payment of wages which are the result of any state or federal agency proceeding, grievance/arbitration proceeding or other legal proceeding or settlement. If the collective bargaining agreement states that contributions shall not be due on newly hired employees for a specified waiting period, no contributions shall  9 Page 4 be due until the employee completes the specified waiting period. If required by the applicable collective bargaining agreement, contributions shall also be made to the Health & Welfare Fund on behalf of any Employee who is not working due to illness or injury even if the Employee is not entitled to compensation. 7. On or before the 15th day of each month, the Employer must report to the Health and Welfare Fund any change in the Employee workforce (including, but not limited to new hires, layoffs or terminations) which occurred during the prior month and must pay all contributions owed for the prior month. In the event of a delinquency, a) the Employer shall be obligated to pay interest on the monies due to the Health and Welfare Fund from the date when payment was due to the date when the payment is made, together with all expenses of collection incurred by the Health and Welfare Fund, including, but not limited to, attorneys' fees and costs and b) at the option of the Trustees or their delegated representative, the payment of contributions that accrue after the Employer has become delinquent shall be accelerated so that the contributions owed for each calendar week (Sunday through Saturday) shall be due on the following Monday. If the Employer fails to report changes in the covered workforce on time, the Employer must pay the contributions billed by the Health and Welfare Fund regardless of actual terminations, leaves of absence, layoffs or other changes in the workforce. The Trustees reserve the right to terminate the participation of any Employer that fails to timely pay required contributions. 8. The Employer shall provide the Trustees with access to its payroll records and any of its other records when requested by the Health and Welfare Fund. If litigation is required to either obtain access to the Employer's records or to collect additional billings that result from the review of the records, all costs incurred by the Health and Welfare Fund in conducting the review shall be paid by the Employer and the Employer shall pay any attorneys' fees and costs incurred by the Health and Welfare Fund. 9. The Employer acknowledges that it is aware of the Health and Welfare Fund’s adverse selection rule and agrees that while this Participation Agreement remains in effect, it will not enter into any agreement or engage in any practice that violates the adverse selection rule. 10. This Participation Agreement shall in all respects be construed according to the laws of the United States. In all actions taken by the Trustees to enforce the terms of this Participation Agreement, including actions to collect delinquent contributions or to conduct audits, the Illinois ten-year written contract statute of limitations shall apply. The Employer agrees that the statute of limitations shall not begin to accrue with respect to any unpaid contributions until such time as the Health and Welfare Fund receive actual written notice of the existence of the Employer's liability. 11. Notwithstanding any provision of this Participation Agreement to the contrary, contributions shall be owed by the Employer for any week for which the Health and Welfare Fund must provide coverage to an employee who is covered by any collective bargaining agreement (or the employee’s dependent) or under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act). Such contributions shall be due and owing to the Health and Welfare Fund at the same time and at the same rate set forth in this Participation Agreement for the Employer’s contributions. 12. This Participation Agreement may not be modified or terminated without the written consent of the Health and Welfare Fund. The language of the collective bargaining agreements related to contributions to the Health Fund is incorporated into this Participation Agreement. However, to the extent there exists any conflict between any provisions of this Participation Agreement and/or any provisions under any collective bargaining agreement,  10 Page 5 including any existing, applicable or presently effective collective bargaining agreement, this Participation Agreement shall control. IN WITNESS WHEREOF, said Employer and the Health and Welfare Fund have caused this Instrument to be executed by their duly authorized representatives, the day and year first above written. Village of Waterford, Wisconsin Central States Southeast and Southwest Areas Health and Welfare Fund __________________________________ ______________________________________ Representative Signature Representative Signature __________________________________ _____________________________________ Printed Name Printed Name __________________________________ _____________________________________ Printed Title Printed Title __________________________________ _____________________________________ Date Date _________________________________ Complete Address of Employer ( ) ( ) Telephone Number Fax Number  11 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 BARGAINING UNIT EMPLOYEES ACCOUNT NUMBER: 8395870-0100-00200C THIS AGREEMENT between the Village of Waterford, Wisconsin (the “Employer”) and the Central States, Southeast and Southwest Areas Health and Welfare Fund (“Health and Welfare Fund”) sets forth the terms under which the Employer will participate in the Health and Welfare Fund on behalf of Employees covered by its collective bargaining agreement with a Local Union affiliated with the International Brotherhood of Teamsters (the “Union”) covering the following job classification(s): Library Department and any other job classification covered by the collective bargaining agreement. This Participation Agreement shall become effective on January 1, 2024, and as of that date shall supersede any prior Bargaining Unit Employee Participation Agreement executed by the Employer. 1. The Employer agrees to be bound by the Trust Agreement of the Health and Welfare Fund (“Trust Agreement”) and any and all amendments to the Trust Agreement that are or become subsequently adopted, as well as all rules and regulations presently in effect or subsequently adopted by the Trustees of the Health and Welfare Fund (the “Trustees”), and the Employer agrees to accept the respective Employer and Employee Trustees and their successors. 2. The Employer shall contribute to the Health and Welfare Fund for each Employee at the following weekly rates: Effective Date: 12/31/2023 Rate: $427.80 / wk Effective Date: 12/29/2024 Rate: $451.30 / wk Effective Date: 01/04/2026 Rate: $451.30 / wk Effective Date: 01/03/2027 Rate: $469.40 / wk * *Rate to Maintain Plan M9, Not-to-Exceed 3. The contribution rate beginning twelve months after the last Effective Date set forth in paragraph 2 shall be the rate determined by the Trustees to maintain the existing benefit plan, and such rate changes shall be incorporated into this Participation Agreement. 4. This Participation Agreement and the Employer’s obligation to pay contributions to the Health and Welfare Fund shall continue in effect after the initial “Effective Date” set forth in paragraph 2 and will continue thereafter for three year terms absent a written notice of termination served by certified mail (return receipt requested) that is mailed at least 60 days before the initial  12 Page 2 termination date or extended termination date. Any notice directed to the Health and Welfare Fund shall be sent to the above address and shall be directed to the Contracts Department. Any notice to the Employer shall be sent to the address set forth below or the address to which monthly contribution bills are sent. Notwithstanding the foregoing, the Participation Agreement shall terminate a) on the date selected by the Trustees in the event they decide to terminate participation under Article IV, Section 20 of the Trust Agreement because they determine that this Agreement is unlawful and/or inconsistent with any rule or requirement for participation by Employers in the Fund and/or that the Employer is engaged in one or more practices or arrangements that threaten to cause economic harm to, and/or impairment of the actuarial soundness of the Fund, or b) the date of the certification of the result of an election that terminates the Union’s status as representative of the Employees, or c) the date the Union’s representative status terminates through a valid disclaimer of interest. In the event an election certification or disclaimer of interest referred to in b) or c) relates to only part of the bargaining unit, this Agreement shall remain in effect with respect to the remainder of the bargaining unit. 5. For purposes of this Participation Agreement, the term “Employee” shall mean the following: a. Each and every individual employed by the Employer on a full-time basis who is performing work in a classification covered by a collective bargaining agreement between the Employer and the Union or represented by the Union. An employee is employed on a full-time basis if the employee is reasonably expected to have 30 or more hours of compensation per week. A newly hired full-time employee who is covered by a collective bargaining agreement will become an Employee on whose behalf contributions are due from the first day worked. Employee shall not include any person employed in a managerial or supervisory capacity or any person employed for the principal purpose of obtaining benefits from the Health and Welfare Fund. b. Any employee who is performing work that is covered by a collective bargaining agreement and who is not a full-time employee because the employee is not reasonably expected to receive 30 or more hours of compensation per week is a variable hour employee (including a part-time, temporary, extra, casual, and/or seasonal employee) shall not be an Employee, and contributions shall not be due on the employee’s behalf except as provided in this subparagraph 5(b). The Employer agrees to use the look-back measurement method described at 26 CFR §54.4980H- 3(d) for determining full-time status under the Affordable Care Act. The Employer agrees that any employee who was not reasonably expected to be a full-time employee will become an Employee (so contributions will be due on the employee’s behalf) if the employee averages 30 or more hours of compensation per week during the initial measurement period or during any standard measurement period. Further, if the employee averages 30 or more hours of compensation per week during the initial measurement period or during a standard measurement period, the Employer must make contributions not only for the applicable stability period but also for the eight weeks immediately before the beginning of the stability period (less any weeks of contributions the Employer has paid on the employee during the 52-week period ending on the last day of a standard measurement period). For a newly hired employee who is not reasonably expected to receive 30 or more hours of compensation at the time of hire, the initial measurement period shall be the 12-month period from the first day compensated, and the initial stability period shall be the subsequent 12-month period. The standard measurement period shall be from January 1 through December 31 followed by a standard stability period from January 1 through December 31. The Employer shall be required to contribute for each week of the stability period (regardless of whether the employee receives compensation for the week); the only exception is that contributions will not be due if the employment relationship is  13 Page 3 terminated during an initial stability period or a standard stability period, in which case the Employer shall not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions will be due for the remainder of the stability period). The initial measurement period calculation shall apply to any employee hired after January 1, 2023, and the standard measurement period calculation shall begin with calendar year 2023 (so any employee who averaged 30 or more hours of compensation per week between January 1, 2023, and December 31, 2023, will be considered a full-time employee as of January 1, 2024). c. An example of the Employer’s obligation under subparagraph b) would be a newly hired employee who is covered by a collective bargaining agreement and who was not expected to average more than 30 hours of compensation per week began work on March 6, 2023, but actually averaged 30 hours per week (1,560 total hours) or more of compensation for the initial measurement period from March 6, 2023, through March 5, 2024. Such employee became an Employee and the Employer would pay contributions on the employee for the eight weeks from January 9, 2024, through March 5, 2024, and for the initial stability period from March 6, 2024, through March 5, 2025. However, if the employment relationship was terminated during the initial stability period, the Employer would not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions would be due for the remainder of the stability period). If this employee did not average 30 hours per week (1,560 total hours) or more of compensation for the initial measurement period but did average 30 hours per week or more for the standard measurement period from January 1, 2024, through December 31, 2024, then the employee became an Employee and the Employer would pay contributions for the eight week period from November 3, 2024, through December 31, 2024, and for the standard stability period from January 1, 2025, through December 31, 2025; but if the employment relationship is terminated during the standard stability period, the Employer would not be required to contribute for the weeks after the termination (unless the employee was rehired within 13 weeks, in that instance contributions would be due for the remainder of the stability period). d. It is understood that an employee's expected number of hours can change during the employment relationship. If it happens that the status of a full-time employee changes due to a permanent reduction in the number of hours of compensation below 30 hours, the Employer contribution obligation with respect to the employee will thereafter be covered by paragraphs 5(b) and (c) of this Participation Agreement. If it happens that the status of an employee who is not a full-time employee changes due to a permanent increase in the expected number of hours of compensation to 30 or more hours per week, the employee will become an Employee, and contributions will be due on the employee’s behalf immediately. e. Any Employee who is eligible to have contributions paid on his/her behalf under this Participation Agreement may not waive coverage. 6. The Employer agrees to remit contributions on behalf of each Employee for any period he/she receives, or is entitled to receive, compensation (regardless of whether the employment relationship is terminated), including show up time pay, overtime pay, holiday pay, disability or illness pay, layoff/severance pay, vacation pay or the payment of wages which are the result of any state or federal agency proceeding, grievance/arbitration proceeding or other legal proceeding or settlement. If the collective bargaining agreement states that contributions shall not be due on newly hired employees for a specified waiting period, no contributions shall  14 Page 4 be due until the employee completes the specified waiting period. If required by the applicable collective bargaining agreement, contributions shall also be made to the Health & Welfare Fund on behalf of any Employee who is not working due to illness or injury even if the Employee is not entitled to compensation. 7. On or before the 15th day of each month, the Employer must report to the Health and Welfare Fund any change in the Employee workforce (including, but not limited to new hires, layoffs or terminations) which occurred during the prior month and must pay all contributions owed for the prior month. In the event of a delinquency, a) the Employer shall be obligated to pay interest on the monies due to the Health and Welfare Fund from the date when payment was due to the date when the payment is made, together with all expenses of collection incurred by the Health and Welfare Fund, including, but not limited to, attorneys' fees and costs and b) at the option of the Trustees or their delegated representative, the payment of contributions that accrue after the Employer has become delinquent shall be accelerated so that the contributions owed for each calendar week (Sunday through Saturday) shall be due on the following Monday. If the Employer fails to report changes in the covered workforce on time, the Employer must pay the contributions billed by the Health and Welfare Fund regardless of actual terminations, leaves of absence, layoffs or other changes in the workforce. The Trustees reserve the right to terminate the participation of any Employer that fails to timely pay required contributions. 8. The Employer shall provide the Trustees with access to its payroll records and any of its other records when requested by the Health and Welfare Fund. If litigation is required to either obtain access to the Employer's records or to collect additional billings that result from the review of the records, all costs incurred by the Health and Welfare Fund in conducting the review shall be paid by the Employer and the Employer shall pay any attorneys' fees and costs incurred by the Health and Welfare Fund. 9. The Employer acknowledges that it is aware of the Health and Welfare Fund’s adverse selection rule and agrees that while this Participation Agreement remains in effect, it will not enter into any agreement or engage in any practice that violates the adverse selection rule. 10. This Participation Agreement shall in all respects be construed according to the laws of the United States. In all actions taken by the Trustees to enforce the terms of this Participation Agreement, including actions to collect delinquent contributions or to conduct audits, the Illinois ten-year written contract statute of limitations shall apply. The Employer agrees that the statute of limitations shall not begin to accrue with respect to any unpaid contributions until such time as the Health and Welfare Fund receive actual written notice of the existence of the Employer's liability. 11. Notwithstanding any provision of this Participation Agreement to the contrary, contributions shall be owed by the Employer for any week for which the Health and Welfare Fund must provide coverage to an employee who is covered by any collective bargaining agreement (or the employee’s dependent) or under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act). Such contributions shall be due and owing to the Health and Welfare Fund at the same time and at the same rate set forth in this Participation Agreement for the Employer’s contributions. 12. This Participation Agreement may not be modified or terminated without the written consent of the Health and Welfare Fund. The language of the collective bargaining agreements related to contributions to the Health Fund is incorporated into this Participation Agreement. However, to the extent there exists any conflict between any provisions of this Participation Agreement and/or any provisions under any collective bargaining agreement,  15 Page 5 including any existing, applicable or presently effective collective bargaining agreement, this Participation Agreement shall control. IN WITNESS WHEREOF, said Employer and the Health and Welfare Fund have caused this Instrument to be executed by their duly authorized representatives, the day and year first above written. Village of Waterford, Wisconsin Central States Southeast and Southwest Areas Health and Welfare Fund __________________________________ ______________________________________ Representative Signature Representative Signature __________________________________ _____________________________________ Printed Name Printed Name __________________________________ _____________________________________ Printed Title Printed Title __________________________________ _____________________________________ Date Date _________________________________ Complete Address of Employer ( ) ( ) Telephone Number Fax Number  16 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 NON-BARGAINING UNIT EMPLOYEES EMPLOYER NAME: Village of Waterford ACCOUNT NUMBER: 8395870-0100-00200B 1. Village of Waterford, Wisconsin (the “Employer”) is currently bound by two collective bargaining agreements and two Bargaining Unit Employees Participation Agreements with a Local Union that is affiliated with the International Brotherhood of Teamsters (the “Union” which requires the Employer to contribute to the Central States, Southeast and Southwest Areas Health and Welfare Fund (the “Health and Welfare Fund”) on behalf of covered employees. The Employer also desires to participate in the Health and Welfare Fund with respect to its employees who are not covered by the collective bargaining agreements or the Bargaining Unit Employees Participation Agreements and this Non-Bargaining Unit Employees Participation Agreement sets forth the terms under which the Employer will participate in the Health and Welfare Fund with respect to such employees. This Participation Agreement is effective January 1, 2024, and as of that date, supersedes any prior Non-Bargaining Unit Employees Participation Agreement executed by the Employer. 2. The Employer agrees to be bound by the terms of the Health and Welfare Fund Trust Agreement and all policies, rules and regulations that have been adopted or that are adopted in the future by the Trustees pursuant to the Trust Agreement. 3. For the duration of this Participation Agreement, the Employer shall contribute to the Health and Welfare Fund on behalf of each Eligible Non-Unit Employee for each week during which the Eligible Non-Unit Employee works or receives compensation (including, but not limited to paid vacations, holidays, paid leave, back pay awards) at the same rate the Employer is required to contribute on its employees covered 1  17 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 by the collective bargaining agreement between the Union and the Employer (as modified by any renewals, extensions or successor collective bargaining agreements). At the present time the agreed rates are as follows: Effective Date: 12/31/2023 Rate: $427.80 Effective Date: 12/29/2024 Rate: $451.30 Effective Date: 01/04/2026 Rate: $451.30 Effective Date: 01/03/2027 Rate: $469.40 * *Rate to Maintain Plan M9, Not-to-Exceed The contribution rate beginning twelve months after the last Effective Date set forth in paragraph 3 shall be the rate determined by the Trustees to maintain the existing benefit plan, and such rate changes shall be incorporated into this Participation Agreement. Contributions shall be due on a newly hired Eligible Non-Unit Employees from the first day worked. 4. The Employer will pay the contributions owed for each month on or before the 15th day after the end of the month. If the Employer fails to pay its contributions on time, it shall pay interest at the rate set forth in the Health and Welfare Fund Trust Agreement. 5. The Employer shall report all changes in its Eligible Non-Unit Employee workforce (for example, new hires, layoffs, terminations) that occur during any month on or before the 15th day after the end of the month during which the change occurred. If the Employer fails to timely report in writing the changes in the employment status of the Eligible Non-Unit Employees included in the Health and Welfare Fund's monthly bill, it shall be liable for the amount billed regardless of actual changes in the employment 2  18 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 relationship. The Illinois ten-year written contract statute of limitations, which shall apply to any claim for unpaid contributions, shall not accrue with respect to contributions owed by the Employer on any Eligible Non-Unit Employee until the Health and Welfare Fund receives written notice of the liability. 6. For purposes of this Participation Agreement, the term “Eligible Non-Unit Employee” shall mean the following: a. The term “Eligible Non-Unit Employee” means each and every individual employed by the Employer on a full-time basis who is not covered by a collective bargaining agreement. An employee is employed on a full-time basis if the employee is reasonably expected to have 30 or more hours of compensation per week. A newly hired full-time employee who is not covered by a collective bargaining agreement will become an Eligible Non-Unit Employee on whose behalf contributions are due from the first day worked. b. Any employee who is not covered by a collective bargaining agreement and who is not a full-time employee because the employee is a variable hour employee (including a part-time or a temporary employee) not reasonably expected to receive 30 or more hours of compensation per week or a seasonal employee shall not be an Eligible Non-Unit Employee and contributions shall not be due on the employee’s behalf except as provided in this paragraph. The Employer agrees to use the look-back measurement method described at 26 CFR §54.4980H-3(d) for determining full-time status under the Affordable Care Act. The Employer agrees that any employee who was not reasonably expected to be a full-time employee will become an Eligible Non-Unit Employee (so contributions will be due on his/her behalf) if the employee averages 30 or more hours of compensation per week 3  19 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 during an initial measurement period or standard measurement period for the subsequent stability period and for eight weeks immediately before the beginning of the stability period (less any weeks of contributions the Employer has paid on the employee during the 52-week period ending on the last day of a standard measurement period). For a newly hired employee who is not reasonably expected to receive 30 or more hours of compensation at the time of hire, the initial measurement period shall be the 12-month period from the first day compensated and the initial stability period shall be the subsequent 12-month period. The standard measurement period shall be from January 1 through December 31 followed by a standard stability period from January 1 through December 31. If the employment relationship is terminated during an initial stability period or a standard stability period, the Employer shall not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions will be due for the remainder of the stability period). The initial measurement period calculation shall apply to any employee hired after January 1, 2023 and the standard measurement period calculation shall begin with calendar year 2023 (so any employee who averaged 30 or more hours of compensation per week between January 1, 2023 and December 31, 2023 will be considered a full-time employee as of January 1, 2024). c. An example of the Employer’s obligation under subparagraph b) would be a newly hired employee who is not covered by a collective bargaining agreement and who is not expected to average more than 30 hours of compensation per week begins work on March 6, 2023 but actually averages 30 hours per week (1,560 total hours) or more of compensation for the initial measurement period from March 6, 2023 through March 5, 2024; the employee will become an Eligible Non-Unit Employee on March 5, 2024 and the Employer will pay contributions on the 4  20 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 employee for the eight weeks from January 9, 2024 through March 5, 2024 and for the initial stability period from March 6, 2024 through March 5, 2025. However, if the employment relationship is terminated during the initial stability period, the Employer will not be required to contribute for the weeks after the week of the termination (unless the employee is rehired within 13 weeks, in that instance contributions will be due for the remainder of the stability period). If this employee does not average 30 hours per week (1,560 total hours) or more for the initial measurement period but does average 30 hours per week or more for the standard measurement period from January 1, 2024 through December 31, 2024, then the employee will become an Eligible Non-Unit Employee on January 1, 2025 and the Employer will pay contributions for the eight week period from November 3, 2024 through December 31, 2024 and for the standard stability period from January 1, 2025 through December 31, 2025; but if the employment relationship is terminated during the standard stability period, the Employer will not be required to contribute for the weeks after the termination (unless the employee is rehired within 13 weeks, in that instance contributions will be due for the remainder of the stability period). d. It is understood that an employee's expected number of hours can change during the employment relationship. If it happens that the status of a full-time employee changes due to a permanent reduction in the number of hours of compensation below 30 hours, the Employer’s contribution obligation with respect to the employee will thereafter be covered by paragraph 6(b) and (c) of this Agreement. If it happens that the status of an employee who is not a full-time employee changes due to a permanent increase in the expected number of hours of compensation to 30 or more hours per week, the employee will become an Eligible Non-Unit Employee and contributions will be due on the employee’s behalf 5  21 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 immediately. e. Contributions due under this Non-Unit Participation Agreement as modified by this Agreement will be paid at the same contribution rates for all employees. f. Any Eligible Non-Unit Employee who is eligible to have contributions paid on his/her behalf under this Non-Unit Participation Agreement may not waive coverage. g. The common law master-servant test shall be utilized to determine whether an employment relationship exists. The term Eligible Non-Unit Employee shall not include: i) independent contractors, ii) any person covered by a collective bargaining agreement between the Employer and a union not affiliated with the International Brotherhood of Teamsters that requires the Employer to contribute to some other health and welfare fund, or iii) any person employed for the principal purpose of obtaining or continuing coverage under the Health and Welfare Fund. 7. This Participation Agreement and the Employer’s obligation to remit contributions on Eligible Non-Unit Employees shall continue in effect until the earlier of: a) 30 days after service of a written notice served by either the Health and Welfare Fund or the Employer of their intent to terminate this Participation Agreement, or b) the date of the termination of the Employer’s contractual and statutory duty to contribute to the Health and Welfare Fund on behalf of employees represented by the Union. A written notice of intent to terminate can be served by personal delivery, facsimile or certified mail (return receipt requested) and, if service is by mail, service will be deemed accomplished on the date of mailing. 6  22 WISCONSIN MUNICIPALITIES PARTICIPATION AGREEMENT CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND 8647 WEST HIGGINS ROAD CHICAGO, ILLINOIS 60631-2803 PHONE: (847) 518-9800 8. Notwithstanding any provision of this Participation Agreement to the contrary, contributions shall be owed by the Employer for any week for which the Health and Welfare Fund must provide coverage to an employee who is not covered by any collective bargaining agreement (or the employee’s dependent) or under any provision of law (including, without limitation, the Patient Protection and Affordable Care Act). Such contributions shall be due and owing to the Health and Welfare Fund at the same time and at the same rate set forth in this Participation Agreement for the Employer’s contributions. 9. This Participation Agreement may not be modified or terminated without the written consent of the Health and Welfare Fund. Employer: Village of Waterford, Wisconsin Signature: Printed Name: Printed Title: Central States, Southeast and Southwest Areas Health and Welfare Fund Signature: Printed Name: Peter Priede Printed Title: Senior Director of Employer Services and Finance Date: 7  23 The Jonathan J. Delagrave Memorial Ice Rink Presented By: