Village Board of Trustees
Regular MeetingWeston, WI · February 6, 2023
Minutes
VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN
SPECIAL MEETING OF THE BOARD OF TRUSTEES
Monday, February 6, 2023, at 6:00 p.m.
AGENDA ITEMS
1. Board of Trustees Meeting called to order by President Maloney
Maloney called the meeting to order at 6:01 p.m.
2. Pledge Allegiance to the Flag
3. Roll Call by Clerk
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
PUBLIC COMMENTS
None.
RESOLUTIONS
4. Resolution 2023-008 Resolution Awarding the Sale of $12,875,000 General Obligation
Corporate Purpose Bonds, Series 2023A. (on recording https://youtu.be/RhjHIqh6JXs?t=3)
Motion by Fiene, seconded by Zeyghami to approve bid and proposed Resolution
No. 2023-008 – Resolution Awarding the Sale of $12,875,000 General Obligation
Corporate Purpose Bonds, Series 2023A.
Yes Vote: 6 No Votes:0 Abstain:0 Not Voting: 1 Result: Pass
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
SPECIAL BOARD OF TRUSTEES MEETING MINUTES 02/06/2023
Prepared by: Pamela Brehm, Village Clerk
VILLAGE OF WESTON, WISCONSIN
OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES
Motion by Fiene, second by Hartinger to recess the Board of Trustees Meeting
until such a time as the closed session items in the Joint Human Resources
Committee/Board of Trustees meeting are complete. Motion carried.
Yes Vote: 6 No Votes:0 Abstain:0 Not Voting: 1 Result: Pass
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
Board of Trustees meeting is recessed at 6:09 p.m.
Reconvene Special Board of Trustees Meeting at 7:21 p.m.
NEW BUSINESS (on recording https://youtu.be/RhjHIqh6JXs?t=599)
5. Appointment of Building Committee for Improvements to the Public Safety Building
Motion by Fiene, second by Weiland to approve creation of the Public Safety
Building Committee to provide recommendations to the Board of Trustees for
moving forward with improvements to the Public Safety Building and providing
project oversight. Members will be Jasper Hartinger, Steve Cronin, Chief Clay
Schulz, Chief Josh Finke, Scott Tatro, and Jim Pinsonneault. Ex officio members
would be Michael Wodalski and Keith Donner.
Yes Vote: 6 No Votes:0 Abstain:0 Not Voting: 1 Result: Pass
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
UNFINISHED BUSINESS (on recording https://youtu.be/RhjHIqh6JXs?t=773)
6. Update on Status of Municipal Center Completion
Presentation made by Jon Wallenkamp from Kueny Architects.
MOVE TO CLOSED SESSION PER Wis. Stat. § 19.85(1)(e) Deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other specified public
SPECIAL BOARD OF TRUSTEES MEETING MINUTES 2/6/2023
Prepared by: Pamela Brehm, Village Clerk
VILLAGE OF WESTON, WISCONSIN
OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES
business, whenever competitive or bargaining reasons require a closed session – to wit Municipal
Building contract status, proposal for approval of Certificate of Substantial Completion. (Board,
Jennifer Higgins, Michael Wodalski, Keith Donner, Jessica Trautman, Pamela Brehm, Jim
Pinsonneault, Roman Maguire and Jon Wallenkamp present during closed session)
Motion by Fiene, second by Hartinger to move into closed session.
Roll Call Vote
Yes Vote: 6 No Votes:0 Abstain:0 Not Voting: 1 Result: Pass
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
Move to closed session at 7:31 p.m.
RECONVENE TO OPEN SESSION at 7:52 p.m.
POSSIBLE ACTION ON CLOSED SESSION ITEMS
Motion by Cronin, second by Weiland to acknowledge certificate of substantial
completion of January 4, 2023.
Yes Vote: 6 No Votes:0 Abstain:0 Not Voting: 1 Result: Pass
Trustee Present
Ermeling, Barb EXCUSED
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
ATTORNEY REFERRALS
None.
REMARKS FROM TRUSTEES
Jasper Hartinger reviewed last bid for public safety building. Will be working toward maintenance
of exterior, painting and signage.
REMARKS FROM THE PRESIDENT
SPECIAL BOARD OF TRUSTEES MEETING MINUTES 2/6/2023
Prepared by: Pamela Brehm, Village Clerk
VILLAGE OF WESTON, WISCONSIN
OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES
FUTURE ITEMS
Next meeting date(s):
- February 20, 2023, Board of Trustees Regular Meeting at 6:00 p.m.
ADJOURN
Motion by Cronin, second by Fiene to adjourn at 7:56 p.m.
Yes Vote: 7 No Votes:0 Abstain:0 Not Voting: 0 Result: Pass
Trustee Present
Ermeling, Barb YES
Fiene, Nate YES
Maloney, Mark YES
Cronin, Steve YES
Weiland, Jamie YES
Hartinger, Jasper YES
Zeyghami, Hooshang YES
SPECIAL BOARD OF TRUSTEES MEETING MINUTES 2/6/2023
Prepared by: Pamela Brehm, Village Clerk
Agenda
VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN
SPECIAL MEETING AGENDA OF THE BOARD OF TRUSTEES
Weston Municipal Center Board Room
4747 Camp Phillips Road, Weston, WI 54476
Monday, February 6, 2023, at 6:00 p.m.
A quorum of members from other Village governmental bodies (boards, commissions, and
committees) may attend the above-noticed meeting to gather information. If a quorum of other
government bodies are present this would constitute a meeting pursuant to “State of
Wisconsin ex rel. Badke v. Greendale Village Bd., 173 Wis.2d 553,494 N.W.2d 408 (1993)”.
Therefore, no official actions other than those of the BOARD OF TRUSTEES shall take place.
Any interested persons may attend the meeting via the Zoom link listed below.
Join Zoom Meeting: Join Zoom Meeting by Phone:
https://zoom.us/j/5445915099 +1 312 626 6799 US (Chicago)
Meeting ID: 544 591 5099
AGENDA ITEMS
1. Board of Trustees Meeting called to order by President Maloney
2. Pledge Allegiance to the Flag
3. Roll Call by Clerk for Board of Trustees
a. Maloney{p}, Ermeling{vp}, Cronin, Fiene, Hartinger, Weiland, Zeyghami
PUBLIC COMMENTS
RESOLUTIONS
4. Resolution 2023-008 Resolution Awarding the Sale of $12,875,000 General
Obligation Corporate Purpose Bonds, Series 2023A
NEW BUSINESS
5. Appointment of Building Committee for Improvements to the Public Safety Building
UNFINISHED BUSINESS
6. Update on Status of Municipal Center Completion
MOVE TO CLOSED SESSION PER Wis. Stat. § 19.85(1)(e) Deliberating or negotiating the
purchasing of public properties, the investing of public funds, or conducting other specified public
business, whenever competitive or bargaining reasons require a closed session – to wit
Municipal Building contract status, proposal for approval of Certificate of Substantial Completion.
RECONVENE TO OPEN SESSION
POSSIBLE ACTION ON CLOSED SESSION ITEMS
REMARKS FROM TRUSTEES
BOARD OF TRUSTEES SPECIAL MEETING AGENDA 02/06/2023
Prepared by: Pamela Brehm, Village Clerk
VILLAGE OF WESTON, WISCONSIN
SPECIAL MEETING AGENDA OF THE BOARD OF TRUSTEES
REMARKS FROM THE PRESIDENT
FUTURE ITEMS
Next meeting date(s):
- February 20, 2023, Board of Trustees Regular Meeting at 6:00 p.m.
ADJOURN
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), the Village will not discriminate against qualified individuals with disabilities
on the basis of disability in its services, programs or activities. If you need assistance or reasonable accommodations in participating in this meeting or event due to a disability
as defined under the ADA, please call the Village Clerk at 715-359-6114 or clerks@westonwi.gov to discuss your accessibility needs. We ask your request be provided a minimum
of 72 hours before the scheduled event or meeting. If a request is made less than 72 hours before the event the Village will make a good faith effort to accommodate your request.
This Notice was posted at 5500 Schofield Avenue, the Village Municipal Center at 4747 Camp Phillips Road, on www.westonwi.gov and transmitted to media partners on
February 3, 2023.
BOARD OF TRUSTEES MEETING AGENDA 02/06/2023
Prepared by: Pamela Brehm, Village Clerk
RESOLUTION NO. 2023-008
RESOLUTION AWARDING THE SALE OF $12,875,000
GENERAL OBLIGATION CORPORATE PURPOSE BONDS,
SERIES 2023A
WHEREAS, on January 9, 2023, the Village Board of the Village of Weston, Marathon
County, Wisconsin (the "Village") adopted initial resolutions authorizing the issuance of general
obligation bonds in the following amounts and for the following public purposes: $1,385,000 for
street improvement projects; $285,000 for water system projects; and $530,000 for sewerage
projects, consisting of sanitary sewer projects and storm sewer projects (collectively, the above-
referenced initial resolutions are referred to herein as the "Project Initial Resolutions");
WHEREAS, the Village Board hereby finds and determines that the projects described in
the Project Initial Resolutions (the "Project") are within the Village's power to undertake and
therefore serve a "public purpose" as that term is defined in Section 67.04(1)(b), Wisconsin
Statutes;
WHEREAS, on January 9, 2023, the Village Board of the Village also adopted an initial
resolution authorizing the issuance of general obligation refunding bonds in an amount not to
exceed $10,675,000 (the "Refunding Initial Resolution");
WHEREAS, the obligations to be refunded are the Village's Installment Note, dated
December 21, 2020 and Promissory Note, dated November 17, 2021 (collectively, the "Refunded
Obligations") (hereinafter the refinancing of the Refunded Obligations shall be referred to as the
"Refunding");
WHEREAS, the Village Board deems it to be necessary, desirable and in the best interest
of the Village to refund the Refunded Obligations for the purpose of restructuring the Village's
outstanding indebtedness;
WHEREAS, the Village is authorized by the provisions of Section 67.04, Wisconsin
Statutes, to borrow money and issue general obligation refunding bonds for such public purposes
and to refinance its outstanding obligations;
WHEREAS, on January 9, 2023, the Village Board of the Village also adopted a
resolution (the "Set Sale Resolution"), providing that the general obligation bond issues
authorized by the Project Initial Resolutions and the Refunding Initial Resolution (collectively,
the "Initial Resolutions") be combined, issued and sold as a single issue of bonds designated as
"General Obligation Corporate Purpose Bonds, Series 2023A" (the "Bonds") for the purpose of
paying the cost of the Project and the Refunding;
WHEREAS, pursuant to the Set Sale Resolution, the Village has directed Ehlers &
Associates, Inc. ("Ehlers") to take the steps necessary to sell the Bonds to pay the cost of the
Project and the Refunding;
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WHEREAS, Ehlers, in consultation with the officials of the Village, prepared a Notice of
Sale (a copy of which is attached hereto as Exhibit A and incorporated herein by this reference)
setting forth the details of and the bid requirements for the Bonds and indicating that the Bonds
would be offered for public sale on February 6, 2023;
WHEREAS, the Village Clerk (in consultation with Ehlers) caused a form of notice of
the sale to be published and/or announced and caused the Notice of Sale to be distributed to
potential bidders offering the Bonds for public sale on February 6, 2023;
WHEREAS, the Village has duly received bids for the Bonds as described on the Bid
Tabulation attached hereto as Exhibit B and incorporated herein by this reference (the "Bid
Tabulation");
WHEREAS, it has been determined that the bid proposal (the "Proposal") submitted by
the financial institution listed first on the Bid Tabulation fully complies with the bid
requirements set forth in the Notice of Sale and is deemed to be the most advantageous to the
Village. Ehlers has recommended that the Village accept the Proposal. A copy of said Proposal
submitted by such institution (the "Purchaser") is attached hereto as Exhibit C and incorporated
herein by this reference; and
WHEREAS, the Village Board now deems it necessary, desirable and in the best interest
of the Village that the Bonds be issued in the aggregate principal amount of $___________ for
the following purposes and in the following amounts: $__________________ for street
improvement projects; $__________________ for water system projects;
$__________________ for sewerage projects, consisting of sanitary sewer projects and storm
sewer projects; and $__________________ for refunding obligations of the Village, including
interest on them.
NOW, THEREFORE, BE IT RESOLVED by the Village Board of the Village that:
Section 1. Ratification of the Notice of Sale and Offering Materials. The Village Board
hereby ratifies and approves the details of the Bonds set forth in Exhibit A attached hereto as and
for the details of the Bonds. The Notice of Sale and any other offering materials prepared and
circulated by Ehlers are hereby ratified and approved in all respects. All actions taken by
officers of the Village and Ehlers in connection with the preparation and distribution of the
Notice of Sale, and any other offering materials are hereby ratified and approved in all respects.
Section 1A. Authorization and Award of the Bonds. For the purpose of paying the cost
of the Project and the Refunding, there shall be borrowed pursuant to Section 67.04, Wisconsin
Statutes and the Initial Resolutions, the principal sum of TWELVE MILLION EIGHT
HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($12,875,000) from the Purchaser in
accordance with the terms and conditions of the Proposal. The Proposal of the Purchaser
offering to purchase the Bonds for the sum set forth on the Proposal, plus accrued interest to the
date of delivery, resulting in a true interest cost as set forth on the Proposal, is hereby accepted.
The President and Village Clerk or other appropriate officers of the Village are authorized and
directed to execute an acceptance of the Proposal on behalf of the Village. The good faith
deposit of the Purchaser shall be applied in accordance with the Notice of Sale, and any good
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faith deposits submitted by unsuccessful bidders shall be promptly returned. The Bonds shall
bear interest at the rates set forth on the Proposal.
Section 2. Terms of the Bonds. The Bonds shall be designated "General Obligation
Corporate Purpose Bonds, Series 2023A"; shall be issued in the aggregate principal amount of
$12,875,000; shall be dated February 28, 2023; shall be in the denomination of $5,000 or any
integral multiple thereof; shall be numbered R-1 and upward; and shall bear interest at the rates
per annum and mature on February 1 of each year, in the years and principal amounts as set forth
on the Pricing Summary attached hereto as Exhibit D-1 and incorporated herein by this
reference. Interest shall be payable semi-annually on February 1 and August 1 of each year
commencing on February 1, 2024. Interest shall be computed upon the basis of a 360-day year
of twelve 30-day months and will be rounded pursuant to the rules of the Municipal Securities
Rulemaking Board. The schedule of principal and interest payments due on the Bonds is set
forth on the Debt Service Schedule attached hereto as Exhibit D-2 and incorporated herein by
this reference (the "Schedule").
Section 2A. Designation of Maturities. For purposes of State law, the Bonds of the
earliest maturities are designated as being issued for the Refunding and such Bonds are further
designated as being issued to pay and discharge the debts incurred by the Village through the
issuance of the Refunded Obligations (and any obligations refunded by the Refunded
Obligations) in the order in which those debts were incurred, so that the Bonds of the earliest
maturities are considered to be issued to discharge the debts which were incurred first. The
balance of the Bonds are designated as being issued to finance the Project.
Section 3. Redemption Provisions. The Bonds maturing on February 1, 2032 and
thereafter are subject to redemption prior to maturity, at the option of the Village, on February 1,
2031 or on any date thereafter. Said Bonds are redeemable as a whole or in part, and if in part,
from maturities selected by the Village, and within each maturity by lot, at the principal amount
thereof, plus accrued interest to the date of redemption.
[The Proposal specifies that [some of] the Bonds are subject to mandatory redemption.
The terms of such mandatory redemption are set forth on an attachment hereto as Exhibit MRP
and incorporated herein by this reference. Upon the optional redemption of any of the Bonds
subject to mandatory redemption, the principal amount of such Bonds so redeemed shall be
credited against the mandatory redemption payments established in Exhibit MRP for such Bonds
in such manner as the Village shall direct.]
Section 4. Form of the Bonds. The Bonds shall be issued in registered form and shall be
executed and delivered in substantially the form attached hereto as Exhibit E and incorporated
herein by this reference.
Section 5. Tax Provisions.
(A) Direct Annual Irrepealable Tax Levy. For the purpose of paying the
principal of and interest on the Bonds as the same becomes due, the full faith, credit and
resources of the Village are hereby irrevocably pledged, and there is hereby levied upon all of
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the taxable property of the Village a direct annual irrepealable tax in the years 2023 through
2040 for the payments due in the years 2024 through 2041 in the amounts set forth on the
Schedule.
(B) Tax Collection. So long as any part of the principal of or interest on the
Bonds remains unpaid, the Village shall be and continue without power to repeal such levy or
obstruct the collection of said tax until all such payments have been made or provided for. After
the issuance of the Bonds, said tax shall be, from year to year, carried onto the tax roll of the
Village and collected in addition to all other taxes and in the same manner and at the same time
as other taxes of the Village for said years are collected, except that the amount of tax carried
onto the tax roll may be reduced in any year by the amount of any surplus money in the Debt
Service Fund Account created below.
(C) Additional Funds. If at any time there shall be on hand insufficient funds
from the aforesaid tax levy to meet principal and/or interest payments on said Bonds when due,
the requisite amounts shall be paid from other funds of the Village then available, which sums
shall be replaced upon the collection of the taxes herein levied.
Section 6. Segregated Debt Service Fund Account.
(A) Creation and Deposits. There shall be and there hereby is established in the
treasury of the Village, if one has not already been created, a debt service fund, separate and
distinct from every other fund, which shall be maintained in accordance with generally accepted
accounting principles. Debt service or sinking funds established for obligations previously
issued by the Village may be considered as separate and distinct accounts within the debt service
fund.
Within the debt service fund, there hereby is established a separate and distinct account
designated as the "Debt Service Fund Account for General Obligation Corporate Purpose Bonds,
Series 2023A" (the "Debt Service Fund Account") and such account shall be maintained until the
indebtedness evidenced by the Bonds is fully paid or otherwise extinguished. There shall be
deposited into the Debt Service Fund Account (i) all accrued interest received by the Village at
the time of delivery of and payment for the Bonds; (ii) any premium not used for the Refunding
which may be received by the Village above the par value of the Bonds and accrued interest
thereon; (iii) all money raised by the taxes herein levied and any amounts appropriated for the
specific purpose of meeting principal of and interest on the Bonds when due; (iv) such other
sums as may be necessary at any time to pay principal of and interest on the Bonds when due; (v)
surplus monies in the Borrowed Money Fund as specified below; and (vi) such further deposits
as may be required by Section 67.11, Wisconsin Statutes.
(B) Use and Investment. No money shall be withdrawn from the Debt Service
Fund Account and appropriated for any purpose other than the payment of principal of and
interest on the Bonds until all such principal and interest has been paid in full and the Bonds
canceled; provided (i) the funds to provide for each payment of principal of and interest on the
Bonds prior to the scheduled receipt of taxes from the next succeeding tax collection may be
invested in direct obligations of the United States of America maturing in time to make such
payments when they are due or in other investments permitted by law; and (ii) any funds over
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and above the amount of such principal and interest payments on the Bonds may be used to
reduce the next succeeding tax levy, or may, at the option of the Village, be invested by
purchasing the Bonds as permitted by and subject to Section 67.11(2)(a), Wisconsin Statutes, or
in permitted municipal investments under the pertinent provisions of the Wisconsin Statutes
("Permitted Investments"), which investments shall continue to be a part of the Debt Service
Fund Account. Any investment of the Debt Service Fund Account shall at all times conform
with the provisions of the Internal Revenue Code of 1986, as amended (the "Code") and any
applicable Treasury Regulations (the "Regulations").
(C) Remaining Monies. When all of the Bonds have been paid in full and
canceled, and all Permitted Investments disposed of, any money remaining in the Debt Service
Fund Account shall be transferred and deposited in the general fund of the Village, unless the
Village Board directs otherwise.
Section 7. Proceeds of the Bonds; Segregated Borrowed Money Fund. The proceeds of
the Bonds (the "Bond Proceeds") (other than any premium not used for the Refunding and
accrued interest which must be paid at the time of the delivery of the Bonds into the Debt Service
Fund Account created above) shall be deposited into a special fund (the "Borrowed Money
Fund") separate and distinct from all other funds of the Village and disbursed solely for the
purpose or purposes for which borrowed. Monies in the Borrowed Money Fund may be
temporarily invested in Permitted Investments. Any monies, including any income from
Permitted Investments, remaining in the Borrowed Money Fund after the purpose or purposes for
which the Bonds have been issued have been accomplished, and, at any time, any monies as are
not needed and which obviously thereafter cannot be needed for such purpose(s) shall be
deposited in the Debt Service Fund Account.
Section 8. No Arbitrage. All investments made pursuant to this Resolution shall be
Permitted Investments, but no such investment shall be made in such a manner as would cause
the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code or the
Regulations and an officer of the Village, charged with the responsibility for issuing the Bonds,
shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the
date of delivery of the Bonds to the Purchaser which will permit the conclusion that the Bonds
are not "arbitrage bonds," within the meaning of the Code or Regulations.
Section 9. Compliance with Federal Tax Laws. (a) The Village represents and
covenants that the projects financed by the Bonds and by the Refunded Obligations and the
ownership, management and use of the projects will not cause the Bonds or the Refunded
Obligations to be "private activity bonds" within the meaning of Section 141 of the Code. The
Village further covenants that it shall comply with the provisions of the Code to the extent
necessary to maintain the tax-exempt status of the interest on the Bonds including, if applicable,
the rebate requirements of Section 148(f) of the Code. The Village further covenants that it will
not take any action, omit to take any action or permit the taking or omission of any action within
its control (including, without limitation, making or permitting any use of the proceeds of the
Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be
an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise
cause interest on the Bonds to be included in the gross income of the recipients thereof for
federal income tax purposes. The Village Clerk or other officer of the Village charged with the
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responsibility of issuing the Bonds shall provide an appropriate certificate of the Village
certifying that the Village can and covenanting that it will comply with the provisions of the
Code and Regulations.
(b) The Village also covenants to use its best efforts to meet the requirements and
restrictions of any different or additional federal legislation which may be made applicable to the
Bonds provided that in meeting such requirements the Village will do so only to the extent
consistent with the proceedings authorizing the Bonds and the laws of the State of Wisconsin and
to the extent that there is a reasonable period of time in which to comply.
Section 10. Execution of the Bonds; Closing; Professional Services. The Bonds shall be
issued in printed form, executed on behalf of the Village by the manual or facsimile signatures of
the President and Village Clerk, authenticated, if required, by the Fiscal Agent (defined below),
sealed with its official or corporate seal, if any, or a facsimile thereof, and delivered to the
Purchaser upon payment to the Village of the purchase price thereof, plus accrued interest to the
date of delivery (the "Closing"). The facsimile signature of either of the officers executing the
Bonds may be imprinted on the Bonds in lieu of the manual signature of the officer but, unless
the Village has contracted with a fiscal agent to authenticate the Bonds, at least one of the
signatures appearing on each Bond shall be a manual signature. In the event that either of the
officers whose signatures appear on the Bonds shall cease to be such officers before the Closing,
such signatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as
if they had remained in office until the Closing. The aforesaid officers are hereby authorized and
directed to do all acts and execute and deliver the Bonds and all such documents, certificates and
acknowledgements as may be necessary and convenient to effectuate the Closing. The Village
hereby authorizes the officers and agents of the Village to enter into, on its behalf, agreements
and contracts in conjunction with the Bonds, including but not limited to agreements and
contracts for legal, trust, fiscal agency, disclosure and continuing disclosure, and rebate
calculation services. Any such contract heretofore entered into in conjunction with the issuance
of the Bonds is hereby ratified and approved in all respects.
Section 11. Payment of the Bonds; Fiscal Agent. The principal of and interest on the
Bonds shall be paid by [________________, ___________, ______, which is hereby appointed
as the Village's registrar and fiscal agent pursuant to the provisions of Section 67.10(2),
Wisconsin Statutes] [the Village Clerk or Village Treasurer] (the "Fiscal Agent"). [The Village
hereby authorizes the President and Village Clerk or other appropriate officers of the Village to
enter into a Fiscal Agency Agreement between the Village and the Fiscal Agent. Such contract
may provide, among other things, for the performance by the Fiscal Agent of the functions listed
in Wis. Stats. Sec. 67.10(2)(a) to (j), where applicable, with respect to the Bonds].
Section 12. Persons Treated as Owners; Transfer of Bonds. The Village shall cause
books for the registration and for the transfer of the Bonds to be kept by the Fiscal Agent. The
person in whose name any Bond shall be registered shall be deemed and regarded as the absolute
owner thereof for all purposes and payment of either principal or interest on any Bond shall be
made only to the registered owner thereof. All such payments shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
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Any Bond may be transferred by the registered owner thereof by surrender of the Bond at
the office of the Fiscal Agent, duly endorsed for the transfer or accompanied by an assignment
duly executed by the registered owner or his attorney duly authorized in writing. Upon such
transfer, the President and Village Clerk shall execute and deliver in the name of the transferee
or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity and
the Fiscal Agent shall record the name of each transferee in the registration book. No
registration shall be made to bearer. The Fiscal Agent shall cancel any Bond surrendered for
transfer.
The Village shall cooperate in any such transfer, and the President and Village Clerk are
authorized to execute any new Bond or Bonds necessary to effect any such transfer.
Section 13. Record Date. The 15th day of the calendar month next preceding each
interest payment date shall be the record date for the Bonds (the "Record Date"). Payment of
interest on the Bonds on any interest payment date shall be made to the registered owners of the
Bonds as they appear on the registration book of the Village at the close of business on the
Record Date.
Section 14. Utilization of The Depository Trust Company Book-Entry-Only System. In
order to make the Bonds eligible for the services provided by The Depository Trust Company,
New York, New York ("DTC"), the Village agrees to the applicable provisions set forth in the
Blanket Issuer Letter of Representations, which the Village Clerk or other authorized
representative of the Village is authorized and directed to execute and deliver to DTC on behalf
of the Village to the extent an effective Blanket Issuer Letter of Representations is not presently
on file in the Village Clerk's office.
Section 15. Payment of Issuance Expenses. The Village authorizes the Purchaser to
forward the amount of the proceeds of the Bonds allocable to the payment of issuance expenses
to a financial institution selected by Ehlers at Closing for further distribution as directed by
Ehlers.
Section 16. Official Statement. The Village Board hereby approves the Preliminary
Official Statement with respect to the Bonds and deems the Preliminary Official Statement as
"final" as of its date for purposes of SEC Rule 15c2-12 promulgated by the Securities and
Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule"). All
actions taken by officers of the Village in connection with the preparation of such Preliminary
Official Statement and any addenda to it or final Official Statement are hereby ratified and
approved. In connection with the Closing, the appropriate Village official shall certify the
Preliminary Official Statement and any addenda or final Official Statement. The Village Clerk
shall cause copies of the Preliminary Official Statement and any addenda or final Official
Statement to be distributed to the Purchaser.
Section 17. Undertaking to Provide Continuing Disclosure. The Village hereby
covenants and agrees, for the benefit of the owners of the Bonds, to enter into a written
undertaking (the "Undertaking") if required by the Rule to provide continuing disclosure of
certain financial information and operating data and timely notices of the occurrence of certain
events in accordance with the Rule. The Undertaking shall be enforceable by the owners of the
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Bonds or by the Purchaser on behalf of such owners (provided that the rights of the owners and
the Purchaser to enforce the Undertaking shall be limited to a right to obtain specific
performance of the obligations thereunder and any failure by the Village to comply with the
provisions of the Undertaking shall not be an event of default with respect to the Bonds).
To the extent required under the Rule, the President and Village Clerk, or other officer of
the Village charged with the responsibility for issuing the Bonds, shall provide a Continuing
Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and
terms of the Village's Undertaking.
Section 18. Redemption of the Refunded Obligations. The Refunded Obligations are
hereby called for prior payment and redemption on February 28, 2023 at a price of par plus
accrued interest to the date of redemption.
The Village hereby directs the Village Clerk to take all actions necessary for the
redemption of the Refunded Obligations on their redemption date. Any and all actions
heretofore taken by the officers and agents of the Village to effectuate such redemption are
hereby ratified and approved.
Section 19. Record Book. The Village Clerk shall provide and keep the transcript of
proceedings as a separate record book (the "Record Book") and shall record a full and correct
statement of every step or proceeding had or taken in the course of authorizing and issuing the
Bonds in the Record Book.
Section 20. Bond Insurance. If the Purchaser determines to obtain municipal bond
insurance with respect to the Bonds, the officers of the Village are authorized to take all actions
necessary to obtain such municipal bond insurance. The President and Village Clerk are
authorized to agree to such additional provisions as the bond insurer may reasonably request and
which are acceptable to the President and Village Clerk including provisions regarding
restrictions on investment of Bond proceeds, the payment procedure under the municipal bond
insurance policy, the rights of the bond insurer in the event of default and payment of the Bonds
by the bond insurer and notices to be given to the bond insurer. In addition, any reference
required by the bond insurer to the municipal bond insurance policy shall be made in the form of
Bond provided herein.
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Section 21. Conflicting Resolutions; Severability; Effective Date. All prior resolutions,
rules or other actions of the Village Board or any parts thereof in conflict with the provisions
hereof shall be, and the same are, hereby rescinded insofar as the same may so conflict. In the
event that any one or more provisions hereof shall for any reason be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provisions hereof. The foregoing shall take
effect immediately upon adoption and approval in the manner provided by law.
Adopted, approved and recorded February 6, 2023.
_____________________________
Mark Maloney
President
ATTEST:
____________________________
Pamela Brehm
Village Clerk
(SEAL)
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EXHIBIT A
Notice of Sale
To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.
(See Attached)
QB\77867084.1
EXHIBIT B
Bid Tabulation
To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.
(See Attached)
QB\77867084.1
EXHIBIT C
Winning Bid
To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.
(See Attached)
QB\77867084.1
EXHIBIT D-1
Pricing Summary
To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.
(See Attached)
QB\77867084.1
EXHIBIT D-2
Debt Service Schedule and Irrepealable Tax Levies
To be provided by Ehlers & Associates, Inc. and incorporated into the Resolution.
(See Attached)
QB\77867084.1
[EXHIBIT MRP
Mandatory Redemption Provision
The Bonds due on February 1, ____, ____ and ____ (the "Term Bonds") are subject to
mandatory redemption prior to maturity by lot (as selected by the Depository) at a redemption
price equal to One Hundred Percent (100%) of the principal amount to be redeemed plus accrued
interest to the date of redemption, from debt service fund deposits which are required to be made
in amounts sufficient to redeem on February 1 of each year the respective amount of Term Bonds
specified below:
For the Term Bonds Maturing on February 1,
Redemption
Date Amount
____ $______
____ ______
____ ______ (maturity)
For the Term Bonds Maturing on February 1,
Redemption
Date Amount
____ $______
____ ______
____ ______ (maturity)
For the Term Bonds Maturing on February 1,
Redemption
Date Amount
____ $______
____ ______
____ ______ (maturity)
For the Term Bonds Maturing on February 1,
Redemption
Date Amount
____ $______
____ ______
____ ______ (maturity)]
QB\77867084.1
EXHIBIT E
(Form of Bond)
UNITED STATES OF AMERICA
REGISTERED STATE OF WISCONSIN DOLLARS
MARATHON COUNTY
NO. R-___ VILLAGE OF WESTON $_______
GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2023A
MATURITY DATE: ORIGINAL DATE OF ISSUE: INTEREST RATE: CUSIP:
February 1, _____ February 28, 2023 ____% ______
DEPOSITORY OR ITS NOMINEE NAME: CEDE & CO.
PRINCIPAL AMOUNT: _______________________ THOUSAND DOLLARS
($__________)
FOR VALUE RECEIVED, the Village of Weston, Marathon County, Wisconsin (the
"Village"), hereby acknowledges itself to owe and promises to pay to the Depository or its
Nominee Name (the "Depository") identified above (or to registered assigns), on the maturity
date identified above, the principal amount identified above, and to pay interest thereon at the
rate of interest per annum identified above, all subject to the provisions set forth herein regarding
redemption prior to maturity. Interest shall be payable semi-annually on February 1 and August
1 of each year commencing on February 1, 2024 until the aforesaid principal amount is paid in
full. Both the principal of and interest on this Bond are payable to the registered owner in lawful
money of the United States. Interest payable on any interest payment date shall be paid by wire
transfer to the Depository in whose name this Bond is registered on the Bond Register
maintained by [________________, ___________, ______] OR [the Village Clerk or Village
Treasurer] (the "Fiscal Agent") or any successor thereto at the close of business on the 15th day
of the calendar month next preceding each interest payment date (the "Record Date"). This Bond
is payable as to principal upon presentation and surrender hereof at the office of the Fiscal
Agent.
For the prompt payment of this Bond together with interest hereon as aforesaid and for
the levy of taxes sufficient for that purpose, the full faith, credit and resources of the Village are
hereby irrevocably pledged.
This Bond is one of an issue of Bonds aggregating the principal amount of $12,875,000,
all of which are of like tenor, except as to denomination, interest rate, maturity date and
redemption provision, issued by the Village pursuant to the provisions of Section 67.04,
Wisconsin Statutes, for the following public purposes in the following amounts: street
QB\77867084.1
improvement projects ($________); water system projects ($________); sewerage projects,
consisting of sanitary sewer projects and storm sewer projects ($________); and refunding
obligations of the Village, including interest on them ($________), as authorized by resolutions
adopted on January 9, 2023 and February 6, 2023. Said resolutions are recorded in the official
minutes of the Village Board for said dates.
The Bonds maturing on February 1, 2032 and thereafter are subject to redemption prior to
maturity, at the option of the Village, on February 1, 2031 or on any date thereafter. Said Bonds
are redeemable as a whole or in part, and if in part, from maturities selected by the Village, and
within each maturity by lot (as selected by the Depository), at the principal amount thereof, plus
accrued interest to the date of redemption.
[The Bonds maturing in the years ________ are subject to mandatory redemption by lot
as provided in the resolutions referred to above, at the redemption price of par plus accrued
interest to the date of redemption and without premium.]
In the event the Bonds are redeemed prior to maturity, as long as the Bonds are in
book-entry-only form, official notice of the redemption will be given by mailing a notice by
registered or certified mail, overnight express delivery, facsimile transmission, electronic
transmission or in any other manner required by the Depository, to the Depository not less than
thirty (30) days nor more than sixty (60) days prior to the redemption date. If less than all of the
Bonds of a maturity are to be called for redemption, the Bonds of such maturity to be redeemed
will be selected by lot. Such notice will include but not be limited to the following: the
designation, date and maturities of the Bonds called for redemption, CUSIP numbers, and the
date of redemption. Any notice provided as described herein shall be conclusively presumed to
have been duly given, whether or not the registered owner receives the notice. The Bonds shall
cease to bear interest on the specified redemption date provided that federal or other immediately
available funds sufficient for such redemption are on deposit at the office of the Depository at
that time. Upon such deposit of funds for redemption the Bonds shall no longer be deemed to be
outstanding.
It is hereby certified and recited that all conditions, things and acts required by law to
exist or to be done prior to and in connection with the issuance of this Bond have been done,
have existed and have been performed in due form and time; that the aggregate indebtedness of
the Village, including this Bond and others issued simultaneously herewith, does not exceed any
limitation imposed by law or the Constitution of the State of Wisconsin; and that a direct annual
irrepealable tax has been levied sufficient to pay this Bond, together with the interest thereon,
when and as payable.
This Bond is transferable only upon the books of the Village kept for that purpose at the
office of the Fiscal Agent, only in the event that the Depository does not continue to act as
depository for the Bonds, and the Village appoints another depository, upon surrender of the
Bond to the Fiscal Agent, by the registered owner in person or his duly authorized attorney,
together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the
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Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Thereupon a
new fully registered Bond in the same aggregate principal amount shall be issued to the new
depository in exchange therefor and upon the payment of a charge sufficient to reimburse the
Village for any tax, fee or other governmental charge required to be paid with respect to such
registration. The Fiscal Agent shall not be obliged to make any transfer of the Bonds (i) after the
Record Date, (ii) during the fifteen (15) calendar days preceding the date of any publication of
notice of any proposed redemption of the Bonds, or (iii) with respect to any particular Bond,
after such Bond has been called for redemption. The Fiscal Agent and Village may treat and
consider the Depository in whose name this Bond is registered as the absolute owner hereof for
the purpose of receiving payment of, or on account of, the principal or redemption price hereof
and interest due hereon and for all other purposes whatsoever. The Bonds are issuable solely as
negotiable, fully-registered Bonds without coupons in the denomination of $5,000 or any integral
multiple thereof.
[This Bond shall not be valid or obligatory for any purpose until the Certificate of
Authentication hereon shall have been signed by the Fiscal Agent.]
No delay or omission on the part of the owner hereof to exercise any right hereunder shall
impair such right or be considered as a waiver thereof or as a waiver of or acquiescence in any
default hereunder.
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IN WITNESS WHEREOF, the Village of Weston, Marathon County, Wisconsin, by its
governing body, has caused this Bond to be executed for it and in its name by the manual or
facsimile signatures of its duly qualified President and Village Clerk; and to be sealed with its
official or corporate seal, if any, all as of the original date of issue specified above.
VILLAGE OF WESTON
MARATHON COUNTY, WISCONSIN
By: ______________________________
Mark Maloney
President
(SEAL)
By: ______________________________
Pamela Brehm
Village Clerk
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[Date of Authentication: _______________, ______
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue authorized by the within-mentioned
resolutions of the Village of Weston, Marathon County, Wisconsin.
_______________________
_________, _____________
By____________________________
Authorized Signatory]
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ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
____________________________________________________________________________
(Name and Address of Assignee)
____________________________________________________________________________
(Social Security or other Identifying Number of Assignee)
the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints
______________________________________, Legal Representative, to transfer said Bond on
the books kept for registration thereof, with full power of substitution in the premises.
Dated: _____________________
Signature Guaranteed:
_____________________________ ________________________________
(e.g. Bank, Trust Company (Depository or Nominee Name)
or Securities Firm)
NOTICE: This signature must correspond with the
name of the Depository or Nominee Name as it
appears upon the face of the within Bond in every
particular, without alteration or enlargement or any
change whatever.
____________________________
(Authorized Officer)
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REQUEST FOR CONSIDERATION
Public Mtg/Date: Board of Trustees, February 6, 2023
Description: Appointment of Building Committee for Improvements to the Public Safety
Building
From: Keith Donner, P.E., Administrator
Question: Discussion on creating a Building Committee to provide guidance and
oversight on completing improvements to the Public Safety Building.
Background
In the early 2000’s the Village purchased and re-purposed a former beverage distribution facility to
use as the Administration office for Everest Metropolitan Police Department (EMPD), South Area
Fire and Emergency Response (SAFER) (formerly Weston Fire Department), Municipal Court, and
Town of Weston, all the above which are referred to as the “Public Safety Building.” In 2015 Village
retained an architect for evaluation of the condition of all Village building facilities housing Public
Safety, Parks, Public Works, and general Administration. Improvements to the Public Safety
Building were designed based on the evaluation that interior spaces were underutilized and with
input from Public Safety and Village staff. Improvements to the Public Safety Building were
completed in 2019 and 2020. Following these initial improvements, more improvements (interior
and exterior) are recognized to be needed and desired. Upon bidding the work for exterior
improvements in September 2022, costs were higher than expected and additional effort to proceed
was suspended. The desire is to resume effort to complete exterior improvements and, possibly,
interior improvements to areas not targeted in the original project. It is desired to create a Building
Committee to provide recommendations to the Board of Trustees on the best path forward to
complete the necessary and desired improvements to the Public Safety Building.
Attached Docs: Village of Weston Municipal Code, Section 2.217
Prior Review:
FISCAL IMPACT: To be determined
Recommendations: President can propose the creation of a Public Safety Building Committee
and propose its makeup per Sec. 2.217 of Municipal Code, subject to Board
motion.
Recommended Language for Official Action
Motion(s): I move to approve the creation of a Public Safety Building Committee provide
recommendations to the Board of Trustees for moving forward with improvements to the
Public Safety Building and providing project oversight.
Recommend committee makeup; Desired schedule, other?
Additional action: Committee to report recommendations on plan to proceed at a future
meeting of the Board of Trustees
VILLAGE OF WESTON
5500 SCHOFIELD AVENUE, WESTON, WI 54476
Sec 2.217 Special Committees
The president may, from time to time, appoint such special committees as he deems advisable or as
provided for by motion or resolution by the board stating the number of members and object thereof to
perform such duties as may be assigned to them.
REQUEST FOR CONSIDERATION
Public Mtg/Date: Board of Trustees, February 6, 2023
Description: Update on Status of Municipal Center Completion.
From: Keith Donner, P.E., Administrator, on behalf of President, Mark Maloney
Question: Administrator introduction on status of Municipal Center Building with
proposed closed session to discuss Certificate of Substantial Completion
Background
At the January 16, 2023, regular meeting of the Board of Trustees there was discussion on the
status of the Municipal Building Construction Contract in both open and closed sessions; the latter
of which was focused on the Certificate of Substantial Completion with Miron Construction. As an
overall summary, Miron Construction has been working with Kueny Architects and the Village to
complete punch list items. Our information on any unresolved items and punch list items becomes
clearer day by day but, also subject to change as any new things surface. Village Public Works
operations have been moved in and are now working from the new building as of the week of
January 16th. Applicable staff have been participating in training on systems within the building.
Our thought of combining the computer server at the Public Safety Building for building access and
security has changed as we are now informed this system is administered through City/County IT
and we would have difficulty making changes. We are now going to utilize the server we will obtain
for the parks surveillance equipment and don’t have a firm date on getting this up and running. The
long and short on this is that the key card system will not be active until that server is in place and
working. We are working on possible alternate design of a salt structure which right now is focused
on possible use of a fabric type building if zoning code can accommodate such a design. Jon
Wallenkamp will be present for discussion of the Substantial Completion Certificate on Monday in
closed session.
Attached Docs: None
Prior Review: Monthly during project construction
FISCAL IMPACT:
Recommendations: To be determined after closed session discussion of Substantial Completion
Recommended Language for Official Action
Proposed Motion(s) – To be determined
Additional action: To be determined
VILLAGE OF WESTON
5500 SCHOFIELD AVENUE, WESTON, WI 54476
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