Village Board — Agenda

Page 1 of 3 NOTICE OF MEETING - AMENDED VILLAGE OF FOX POINT VILLAGE BOARD MEETING SCHWE MER HALL – MUNICIPAL BUILDING TUESDAY 7200 N. SANTA MONICA BLVD July 8, 2025 FOX POINT, WI 53217 7:00 P.M. NOTE: THE VILLAGE BOARD WILL BE MEETING IN PERSON AT VILLAGE HALL, WITH A REMOTE ATTENDANCE OPTION, PER THE HYBRID MEETING PROCEDURES FURTHER DESCRIBED IN SECTION 19-32 D. OF THE VILLAGE CODE. THIS MEETING IS OPEN TO ALL CITIZENS IN PERSON AT VILLAGE HALL, OR THROUGH THE ZOOM PARTICIPANT INFORMATION SHOWN BELOW, SUBJECT TO THE FOLLOWING: NO ASSURANCE IS PROVIDED TO THOSE GOVERNING BODY MEMBERS AND CITIZENS INTENDING TO ATTEND REMOTELY THAT THE TECHNOLOGY WILL PERFORM SUFFICIENTLY TO ALLOW FOR THEIR PARTICIPATION AND THE MEETING WILL PROCEDE REGARDLESS. PUBLIC OFFICIALS AND CITIZENS WISHING TO ENSURE THEY CAN PARTICIPATE ARE ENCOURAGED TO ATTEND IN PERSON. CITIZENS ARE ENCOURAGED TO SUBMIT ANY COMMENTS IN WRITING IN ADVANCE OF THE MEETING TO THE ASSISTANT VILLAGE MANAGER AT kausman@villageoffoxpoint.com, HOWEVER THERE IS NO LARGER RIGHT TO COMMENT REMOTELY OR IN WRITING THAN IN PERSON. Zoom Participant Information https://us02web.zoom.us/j/87335256142 Meeting ID: 873 3525 6142 Dial: (312) 626-6799 AGENDA 1. Roll Call 2. Persons desiring to be heard At this time, individuals can address the Village Board on one or more topics for up to three-minutes with time extensions at the Village President's discretion. Citizen comment when agenda items are called will be heard at the discretion of the chair, subject to the overall three-minute limit. In connection with non-agenda items, no action will be taken except for possible referrals to individuals or committees. NOTE: No comments will be heard during this agenda item concerning a pending application for a zoning code amendment, as the appropriate time for such comments will be at the duly noticed public hearing, so that all interested persons can hear the comments and due process is preserved. 3. Committee Reports a. Plan Commission 1. Conditi onal Use Permit for Baja Tan, 8667 N Port Washington Rd. 4. Public Hearing a. Publi c Hearing on a Conditional Use Permit Application for Baja Tan, 8667 N Port Washington Rd. VB Packet July 8, 2025 Page 1 of 68 Page 2 of 3 The Village Board will hold a public hearing on the Plan Commission referral of a conditional use permit application for Baja Tan, 8667 N Port Washington Road, as required per Village Code Sections 745-18 5. Consent Agenda – All items listed under the Consent Agenda will be approved in one motion without discussion unless any Board member requests that the item be removed for individual discussion and possible action. Any item(s) so removed shall be considered individually prior to consideration of any New Business agenda items in the same order in which they were originally listed in the Consent Agenda. a. Approve the minutes of the June 10, 2025 Village Board meeting and June 30, 2025 Special Village Board meeting. b. Accept the quote of Marek for the Annual Beach Drive Maintenance and Stewardship of the Beach Drive shoreline per the Director of Public Works memorandum dated July 2, 2025. c. Accept the bid of Compass Minerals in the amount of $83.20 per ton for sodium chloride per the Director of Public Works’ memorandum dated July 2, 2025. d. Authorize the submittal of a Community Development Block Grant application for the reimbursement of lease costs for the LX Club, a community based senior group pursuant to the Director of Public Works’ memorandum dated July 2, 2025. e. Approve payment of the bills in the amount of $1,316,718.80 for the period June 1, 2025 to June 30, 2025 per the report submitted by the Village Manager. 6. Unfinished Business 7. New Business a. Consideration of Conditional Use Permit application for Baja Tan, 8667 N Port Washington Rd. The Vill age Board will consider and may act on a conditional use permit application for Baja Tan, 8667 N Port Washington Road, as required per Village Code Sections 745-18. b. Consideration of Resolution Awarding the Sale of $9,900,000 General Obligation Promissory Notes, Series 2025A. The Village Board will consider and may take action on the Resolution Awarding the Sale of $9,900,000 General Obligation Promissory Notes Series 2025A. c. Consideration of Ordinance to Create Section 63-2(A)(38) of the Village of Fox Point Village Code to require a fee for Floodplain Development Permit. The Vill age Board will consider and may act on an Ordinance to create Section 63-2(A)(38) to require a fee for Floodplain Development Permit. d. Conside ration of an Ordinance to Repeal and Re-Create Section 112-4. C. and Create Section 112-4.5 of the Village of Fox Point Village Code Related to Creation of the Position of Acting Village Manager The Vill age Board will consider and may act on an Ordinance to create the position of Acting Village Manager. VB Packet July 8, 2025 Page 2 of 68 Page 4 - 9 Page 10 - 12 Page 13 Page 14 Page 15 - 30 Page 31 - 34 Page 35 - 60 Page 61 - 62 Page 63 - 68 Page 3 of 3 8. Future Agenda Items The Vil lage Board will act on any Trustee requests to place additional matters on an upcoming agenda, without discussion. 9. Closed Session It is anticipated the Village Board will convene into closed session for the following reason(s): a. Upon motion made, seconded and adopted by roll call vote, the Village Board will convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(g), to confer with legal counsel for the government who is rendering oral or written advice concerning strategy to be adopted by the governing body with respect to litigation in which the body is involved; more specifically regarding the Milwaukee County Circuit Court case entitled “The Town Club v. Village of Fox Point”. The following persons are expected to participate in the closed session in addition to the Village Board: the Assistant Village Manager, the Village Clerk, the Village Attorney, and such other or different persons as the Village President may announce at the meeting. 10. Reconvene into Open Session The Vi llage Board will reconvene into open session and may take such action on the matters discussed in closed session as it deems appropriate. 11. Announcements The foll owing individuals will be given the opportunity to make announcements at the meeting in regard to (i) actions taken since the previous Village Board meeting on behalf of the Village, (ii) future Village activities and (iii) communications received from citizens. These matters will not be discussed or acted on, and Board members shall not comment on matters announced by others. Referrals may be made to committees and/or individuals. a. Vil lage President Symchych b. Trustee Ollman c. Trustee Aelion d. Trustee Stoltz e. Trustee Freedman f. Trustee Miller g. Trustee Barry h. Assistant Village Manager Ausman 12. Adjournment NEXT REGULAR VILLAGE BOARD MEETING: August 12, 2025 7:00 P.M. Publi shed and Posted Thursday, July 3, 2025 PLEASE NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. Also, upon reasonable notice, best efforts will be used to ensure that members of the public lacking access to the virtual meeting platform are provided alternative reasonable methods to attend. For additional information or to request these services, contact the Village Clerk at (414) 351-8900. "Persons requiring an interpreter or other assistance should contact the Village Clerk’s office 72 hours prior to the meeting. Notice is hereby given that a majority any other board, commission or committee may be present at the meeting to gather information about a subject in which they are interested. This constitutes a meeting of any other board, commission or committee pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 2d 408 (1993), and must be noticed as such, although said boards, commissions or committees will not take any formal action at this meeting." VB Packet July 8, 2025 Page 3 of 68 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES JUNE 10, 2025 1 1 2 A meeting and public hearing of the Fox Point Village Board was held by a combination 3 of in-person and virtual attendance via telephonic and video conferencing on Tuesday, June 4 10, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President Symchych 5 called the meeting to order at 7:00 p.m. and asked the Village Clerk Treasurer to take roll call. 6 Roll Call of the Village Board present included: 7 8 Villa ge President Christine Symchych 9 Trustee Greg Ollman 10 Trustee Liz Aelion 11 Trustee Jennie Stoltz 12 Trustee Freedman 13 Trustee Miller 14 Trustee Barry 15 16 Als o, present were Village Attorney Eric Larson, Village Manager Scott Botcher, Village Clerk 17 Treasurer Sara Bruckman, and Assistant Village Manager Kevin Ausman 18 19 Not ice of the meeting was provided to the North Shore Now and to all others as required by 20 State op en meetings laws and posted on the official bulletin board at 7200 N Santa Monica 21 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 22 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 23 24 25 PERSO NS DESIRING TO BE HEARD 26 27 Amy Ba rth 7815 N Boyd Way, Fox Point, shared information on noise impact from 28 pickleball. 29 30 Hear ing no comments, President Symchych closed public comment. 31 32 CO MMITTEE REPORTS – Plan Commission 33 34 Tr ustee Miller explained the Plan Commission met on June 2, 2025 to considered two 35 Conditional Use Permits for Sias Alterations and Marek Landscaping and both 36 applications are recommended for approval. 37 38 PUBL IC HEARING 39 40 Publ ic Hearing on a Conditional Use Permit Application for Sias Alterations, 333 41 W Brown Deer Road, Suite H. 42 43 Mot ion by President Symchych, seconded by Trustee Miller, and carried by roll 44 call vote (7-0), to open the public hearing at 7:07 p.m., regarding Consideration 45 of Conditional Use P ermit Application for Sias Alterations, 333 W Brown Deer 46 Road, Suite H. 47 48 Publ ic Comment 49 50 VB Packet July 8, 2025 Page 4 of 68 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES JUNE 10, 2025 2 There were no public comments. 51 52 Mot ion by President Symchych, seconded by Trustee Miller, and carried by roll 53 call vote (7-0), to close the public hearing at 7:08 p.m., regarding Consideration 54 of Conditional Use Permit Application for Sias Alteration, 333 W Brown Deer 55 Road, Suite H. 56 57 Publ ic Hearing on a Conditional Use Permit Application for Marek Landscaping, 58 8035 N Port Washington Road. 59 60 Motion by President Symchych, seconded by Trustee Miller, and carried by roll 61 call vote (7-0), to open the public hearing at 7:08 p.m., regarding Consideration 62 of Conditional Use Permit Application for Marek Landscaping, 8035 N Port 63 Washington Road. 64 65 Publ ic Comment 66 67 Mik e Marek, 3136 N Fratney Street, Milwaukee, thanked the Village Board for 68 consideration. 69 70 Mot ion by President Symchych, seconded by Trustee Miller, and carried by roll 71 call vote (7-0), to close the public hearing at 7:09 p.m., regarding Consideration 72 of Conditional Use Permit Application for Marek Landscaping, 8035 N Port 73 Washington Road. 74 75 CONS ENT AGENDA 76 a. Approve the minutes of the May 13, 2025 Village Board meeting.77 78 b. Appr ove the minutes of the May 27, 2025 Special Village Board meeting.79 80 c. Gr ant the renewals for two “Class A” Beer and Intoxicating Liquor Licenses; Walgreen81 Co, d/b/a, Walgreens #03125, PO Box 901, Deerfield, IL 60015, Amy Dean, premises82 to be licensed: 8615 N Port Washington Road, Fox Point, WI 53217; Wisconsin CVS83 Pharmacy, LLC, d/b/a, CVS Pharmacy #8770, One CVS Drive, M/C 1160, Woonsocket,84 RI 02895, Andrew Karas, Agent, premises to be licensed: 8661 N Port Washington85 Road, Fox Point, WI 53217, renewals for four “Class B” Beer and Intoxicating Liquor86 Licenses, Jose's of Fox Point, Inc., d/b/a, Jose’s Blue Sombrero, 7613 W State Street,87 Wauwat osa, WI 53213, George Norbert Flees, Agent, premises to be licensed: 8617 N88 Port Washington Road, Fox Point, WI 53217. The Town Club, d/b/a, The Town Club,89 7950 N Santa Monica Blvd, Fox Point, WI 53217, Corrine L. Kuester, Agent, premises90 to be licensed: 7950 N Santa Monica Blvd, Fox Point, WI 53217. Ginza II Fox Point Inc,91 d/b/a, Ginza Sushi, 333 W Brown Deer Road, Suite O, Fox Point, WI 53217, Feidi Yang,92 Agent, premises to be licensed: 333 W Brown Deer Road, Suite O, Fox Point, WI93 53217. Fazarri Hospitality Group, LLC, d/b/a, Calderone Club, 8001 N Port Washington94 Road, Fox Point, WI 53217, Carmelo Fazzari, Agent, premises to be licensed: 8001 N95 Port Washington Road, Fox Point, WI 53217 and renewal for one Class “B” fermented96 malt beverage license Wheel & Sprocket, Inc., d/b/a, Wheel & Sprocket, 6940 N Santa97 Monica Blvd, Fox Point, WI 53217, Amelia Lukic-Kegel, Agent, premises to be licensed:98 6940 N Santa Monica Blvd, Fox Point, WI 53217, and approve the appointment of two99 VB Packet July 8, 2025 Page 5 of 68 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES JUNE 10, 2025 3 new agents, per the Village Clerk Treasurer’s memo dated June 10, 2025, subject to 100 any conditions as noted. 101 102 d. Gr ant the Cigarette and Tobacco Product Retail License to the Establishment Walgreen103 Co, d/b/a, Walgreens #03125, located at 8615 North Port Washington Road per the104 Village105 106 e. Acce pt the quote of Munson Inc. in an amount not to exceed $122,766 for roadway107 patches at various locations in the Village and authorize the Village Manager to sign the108 agreement per the Director of Public Works’ memorandum dated June 3, 2025.109 110 f. Acce pt the base bid in the amount of $22,950 and alternate bid nos. 1 through 4 in the111 amount of $39,760 from WSO Grading and Excavating for the replacement of cross112 culverts on roads intersecting Lake Drive in the total amount of $62,710 and authorize113 the Village President and Village Clerk/Treasurer to sign the contract on behalf of the114 Villag e per the Director of Public Work’s memorandum dated June 3, 2025.115 116 g. Reje ct all bids received for the 2025 Lead Water Service Lateral Replacement Project117 per the Director of Public Works’ memorandum dated June 3, 2025.118 119 h. Appr ove payment of the bills in the amount of $545,191.06 for the period May 1, 2025120 through May 31, 2025 per the report submitted by the Village Manager.121 122 Trustee Stoltz requested the removal of consent agenda items f and g.123 124 Mot ion by President Symchych, seconded by Trustee Freedman, and carried by125 roll call vote (7-0), to approve the consent agenda with the removal of items f and126 g.127 128 NEW BUSINESS 129 130 Consent Item F 131 Accept the base bid in the amount of $22,950 and alternate bid nos. 1 through 4 in the 132 amount of $39,760 from WSO Grading and Excavating for the replacement of cross 133 culver ts on roads intersecting Lake Drive in the total amount of $62,710 and authorize 134 the Village President and Village Clerk/Treasurer to sign the contract on behalf of the 135 Village per the Director of Public Work’s memorandum dated June 3, 2025 136 137 Motion by Trustee Stoltz, seconded by President Symchych, and carried by roll call vote 138 (7-0), to accept the base bid in the amount of $22,950 and alternate bid nos. 1 through 139 4 in the amount of $39,760 from WSO Grading and Excavating for the replacement of 140 cross culverts on roads intersecting Lake Drive in the total amount of $62,710 and 141 authorize the Village President and Village Clerk/Treasurer to sign the contract on 142 behalf of the Village per the Director of Public Work’s memorandum dated June 3, 2025. 143 144 Consent Item G 145 Reject all bids received for the 2025 Lead Water Service Lateral Replacement Project 146 per the Director of Public Works’ memorandum dated June 3, 2025. 147 148 VB Packet July 8, 2025 Page 6 of 68 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES JUNE 10, 2025 4 Motion by President Symchych, seconded by Trustee Stoltz, and carried by roll call vote 149 (7-0), to reject all bids received for the 2025 Lead Water Service Lateral Replacement 150 Project per the Director of Public Works’ memorandum dated June 3, 2025. 151 152 Cons ideration of Conditional Use Permit Application for Sias Alterations, 333 W Brown 153 Deer Road, Suite H. 154 155 Mot ion by President Symchych, seconded by Trustee Stoltz, and carried by roll call vote 156 (7-0), to approve the Conditional Use Permit application for Sias Alterations, 333 W 157 Brown Deer Road, Suite H. 158 159 Cons ideration of a Conditional Use Permit Application for Marek Landscaping, 8035 N 160 Port Washington Road. 161 162 Motion by President Symchych, seconded by Trustee Miller, and carried by roll call vote 163 (7-0), to approve a Conditional Use Permit Application for Marek Landscaping, 8035 N 164 Port W ashington Road with the changes in the conditional use order on page 68 if the 165 Village Board packet. 166 167 Adopt Resolution 2025-06 Approving of and Authorizing Submittal of the Compliance 168 Maintenance Annual Report (CMAR) to the Department of Natural Resources for the 169 2024 Sanitary Sewer Activities 170 171 Motion by President Symchych, seconded by Trustee Freedman, and carried by roll call 172 vote (7-0), to approve Adopt Resolution 2025-06 Approving of and Authorizing Submittal 173 of the Compliance Maintenance Annual Report (CMAR) to the Department of Natural 174 Resources for the 2024 Sanitary Sewer Activities. 175 176 FUTURE AGENDA ITEMS – None 177 178 ANNOUNCEMENTS 179 180 President Symchych announced there was no North Shore Fire Meeting this month. 181 182 Manager Botcher explained the Police Department needed to make an emergency purchase of 183 a new water heater. 184 185 ADJOURNMENT 186 187 Motion made by Tr ustee Miller, second by Trustee Barry, and carried by roll call 188 vote (7-0) to adjourn the Village Board meeting at 7:36 p.m. 189 190 191 Res pectfully submitted, 192 193 194 195 Sa ra A. Bruckman 196 Clerk Treasurer 197 VB Packet July 8, 2025 Page 7 of 68 VILLAGE OF FOX POINT SPECIAL VILLAGE BOARD MEETING MINUTES JUNE 30, 2025 1 1 2 A meeting and public hearing of the Fox Point Village Board was held by a combination 3 of in-person and virtual attendance via telephonic and video conferencing on Monday, June 4 30, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President Symchych 5 called the meeting to order at 4:00 p.m. and asked the Village Clerk Treasurer to take roll call. 6 Roll Call of the Village Board present included: 7 8 Villa ge President Christine Symchych 9 Trustee Greg Ollman 10 Trustee Liz Aelion 11 Trustee Jennie Stoltz 12 Trustee Freedman 13 Trustee Miller 14 Trustee Barry 15 16 Als o, present were Village Attorney Eric Larson, Attorney Kyle Gulya, Acting Village Manager 17 Kevin Ausman, Village Clerk Treasurer Sara Bruckman, Director of Public Works Scott 18 Brandmeier, Police Chief Chris Freedy 19 20 Not ice of the meeting was provided to the North Shore Now and to all others as required by 21 State open meetings laws and posted on the official bulletin board at 7200 N Santa Monica 22 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 23 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 24 25 CL OSED SESSION 26 27 a. Motion made by President Symchych, seconded by Trustee Freedman, to convene into closed28 session at 4:01 p.m., Pursuant to State Statutes Sections: 19.85(1)(c) and (f), (c) Considering29 employment, promotion, compensation or performance evaluation data of any public employee30 over which the governmental body has jurisdiction or exercises responsibility; and31 (f) Considering financial, medical, social or personal histories or disciplinary data of specific32 persons, preliminary consideration of specific personnel problems or the investigation of33 charges against specific persons except where par. (b) applies which, if discussed in public,34 would be likely to have a substantial adverse effect upon the reputation of any person referred35 to in such histories or data, or involved in such problems or investigations; the Village Board will36 meet in closed session to discuss Village Manager Scott Botcher’s work status and need for37 leave. Included in closed session will be the Assistant Village Manager, Village Attorney, Clerk-38 Treasurer, Village Engineer/DPW Director, Chief of Police and Labor Attorney.39 40 Amendment to the motion by Trustee Aelion, seconded by Trustee Stoltz to remove the 41 Assistant Village Manager, Clerk Treasurer, DPW Director and Chief of Police from closed 42 session. 43 Amendment was withdrawn by Trustee Aelion with approval by Trustee Stotlz. 44 45 Trustee Ollman Aye 46 Trustee A elion Aye 47 Trustee S toltz Aye 48 Trustee F reedman Aye 49 Trustee M iller Aye 50 Trustee B arry Aye 51 President Symchych Aye 52 VB Packet July 8, 2025 Page 8 of 68 VILLAGE OF FOX POINT SPECIAL VILLAGE BOARD MEETING MINUTES JUNE 30, 2025 2 53 Carried by roll call vote (7-0). 54 55 RECONVENE INTO OPEN SESSION 56 57 Motion made by President Symchych, seconded by Trustee Stoltz and carried by roll call 58 vote (7-0), to reconvene into open session at 5:54 p.m. 59 60 Motion for action placed here. 61 62 Motion made by President Symchych, seconded by Trustee Stoltz and carried by roll call 63 vote (7-0), to authorize use of accrued time off by Village Manager Scott Botcher during 64 periods of necessary absence and the for the Village Board President to handle day to 65 day interactions with the Village Manager on behalf of the Board. 66 67 ADJOURNMENT 68 69 Motion made by Trustee Miller, second by Trustee Miller, and carried by roll call vote (7-70 0) to adjourn the Village Board meeting at 5:55 p.m.71 72 73 Res pectfully submitted, 74 75 76 77 Sa ra A. Bruckman 78 Clerk Treasurer 79 VB Packet July 8, 2025 Page 9 of 68 VB Packet July 8, 2025 Page 10 of 68 Drawing #: Village of Fox Point Beach Drive: Annual Maintenance 2025 Client Name: Marek Landscaping, LLC Project Name: Estimate ID: EST5462998 2 Date: Jun 05, 2025 43°09'46.3"N 87°53'06.4"W Fox Point, WIJobsite Address: Beach Drive Shoreline - Annual Maintenance 2025 7200 North Santa Monica Blvd Fox Point, WI 53217 Billing Address: Project Summary We are excited for the opportunity to offer expert stewardship and maintenance services at Beach Drive in 2025. Our ecologists are uniquely positioned to care for natural areas and their specific needs. Our team specializes in thoughtful care of native plant communities and will work to ensure the health of the Beach Drive shoreline year-round. Our ecologists are skilled in integrative pest management and will use the most appropriate and effective methods to manage invasive and undesirable species based on each species' phenology, the time of year, and the site's varying conditions. Annual Maintenance Includes · Monthly maintenance visits for: o Herbicide treatment for management of undesirable and invasives herbaceous species. o Mechanical control strategies including, handheld mowing, handpulling/digging and seedhead collection. o Management of undesirable and invasive woody species. · Up to three mowing visits per year · A follow up report sent by email after each visit to confirm work completed, our primary areas of concern, and management strategies for next visit. Amount to be invoiced after each visit: $2,850.32 $19,952.25Subtotal $0.00Taxes $19,952.25Estimate Total Payment Terms: Please return a signed copy of this proposal. Payments will be invoiced directly via ACH payment. Effective January 1st 2025, Marek will be moving to ACH automatic payment processing for all contracts. When you receive your invoice, you will see a Pay Now button that will allow you to enter your preferred ACH payment information. This account information will be kept on file and payment will be automatically drafted after each visit is complete. Payments will be initiated after each stewardship visit at the Amount per Visit specified in the proposal. If the purchaser fails to make payment within 30 days, any guarantee shall be null and void and purchaser shall pay interest on the balance due and owing at the rate of one and one-half percent (1.5%) per month, at an annual rate of eighteen percent (18%). The purchaser agrees to pay any expenses incurred by Marek Landscaping, LLC in collecting amounts due, including court costs, attorney's fees and any other costs of collection. Our workers are fully covered by Worker's Compensation Insurance. Prices are only valid when the estimate is accepted in full. A fee equal to 10% of the www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 1 of 2Beach Drive Shoreline - Annual Maintenance 2025 [EST5462998] VB Packet July 8, 2025 Page 11 of 68 Estimate authorized by: Estimate approved by: Company Representative Customer Representative Signature Date: Signature Date: workers are fully covered by Worker's Compensation Insurance. Prices are only valid when the estimate is accepted in full. A fee equal to 10% of the proposed amount will be applied for cancellations without two weeks' written prior notice. All invoices will be mailed electronically, unless otherwise requested. An additional fee equal to 3% of the invoiced amount will be charged for payments made with a credit card. This estimate is valid for 30 days from date created. A list of herbicides used on your property by Marek Landscaping and their product labels are available upon request. Please email dennis@mareklandscaping.com if you would like this information. Thank you for your business. This proposal becomes the working contract once signed. www.mareklandscaping.comp. 414-272-0242 f. 414-272-0243 125 W. Melvina St, Ste 1 email: info@mareklandscaping.comMilwaukee, WI 53212 Page 2 of 2Beach Drive Shoreline - Annual Maintenance 2025 [EST5462998] 6/5/2025 VB Packet July 8, 2025 Page 12 of 68 VB Packet July 8, 2025 Page 13 of 68 VB Packet July 8, 2025 Page 14 of 68 VB Packet July 8, 2025 Page 15 of 68 VB Packet July 8, 2025 Page 16 of 68 VB Packet July 8, 2025 Page 17 of 68 VB Packet July 8, 2025 Page 18 of 68 VB Packet July 8, 2025 Page 19 of 68 VB Packet July 8, 2025 Page 20 of 68 VB Packet July 8, 2025 Page 21 of 68 VB Packet July 8, 2025 Page 22 of 68 VB Packet July 8, 2025 Page 23 of 68 VB Packet July 8, 2025 Page 24 of 68 VB Packet July 8, 2025 Page 25 of 68 VB Packet July 8, 2025 Page 26 of 68 VB Packet July 8, 2025 Page 27 of 68 VB Packet July 8, 2025 Page 28 of 68 VB Packet July 8, 2025 Page 29 of 68 VB Packet July 8, 2025 Page 30 of 68 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Scott Botcher, Village Manager Date: July 7, 2025 Re: Baja Tan - CUP Overview Stephanie Fett has applied for conditional use approval regarding change of ownership for an existing business. The change of ownership under Section 745-18D(1)(o) would allow a tanning and wellness facility, Baja Tan, to operate at 8667 N Port Washington Road in the D Business District. The tenant space is located in the Riverpoint Shopping Center. Background Baja Tan is an existing business located at 8667 N Port Washington Road. Request The applicant has indicated no changes to existing business operations. Hours of operation are proposed from 9AM – 6PM Monday through Friday. Sufficient parking within the Riverpoint Shopping Center exists to accommodate patrons. Recommendation Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request following a mandatory public hearing. VB Packet July 8, 2025 Page 31 of 68 1 Conditional Use Order WHEREAS, an application has been filed by Baja Tan (hereinafter "Applicant"); and WHEREAS, the Applicant is requesting that a conditional use permit be granted pursuant to the Zoning Ordinance of the Village of Fox Point for the property located at 8667 N Port Washington Road, Fox Point, Wisconsin. NOW, THEREFORE, the Village of Fox Point Village Board, upon consideration of thoughts expressed by all persons heard at the Village Board meeting in this matter, upon consideration of the recommendation from the Plan Commission, and following all necessary study and investigation, having given the matter due consideration, hereby ORDERS AS FOLLOWS: Commencing upon the date hereof, the Applicant is hereby granted a conditional use permit, subject to initial and continued compliance with each and every one of the following conditions, restrictions and limitations. 1. Use Restricted. Baja Tan will operate a tanning and wellness facility. All business operations will occur in the interior of the tenant space. The hours of operation dining shall be limited to 9:00 AM until 6:00 PM, Monday through Friday. 2. Presentation Compliance. All of the Applicant’s plans, specifications, terms and representations as submitted with the application, or in support thereof, or as represented to the Village Board in the course of the approval process, are specifically incorporated herein and made a part hereof by reference, and the use of the subject property shall be in substantial conformance with the same except as further restricted or modified herein. 3. Not Transferable. This conditional use permit is granted to the Applicant and shall not be transferred or assigned without the Village Board’s prior written consent, which may only be granted following the Village Board’s receipt of a recommendation from the Plan Commission. 4. Applicant and Owner Agreement. As a condition precedent to the issuance of the conditional use permit, the owner of the Subject Property shall approve the issuance of this conditional use permit upon the terms and conditions described herein in writing, and the Applicant is required to accept the terms and conditions of the same in its entirety in writing. 5. Other Uses Prohibited . Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to whether a use is permitted, the question shall be submitted to the Plan Commission fo r recommendation to the Village Board, and then to the Village Board for determination. 6. No Nuisances, and Compliance with Applicable Laws. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law. 7. Subject Property Only . This conditional use hereby authorized shall be confined to the Subject Property described, without extension or expansion other than as noted herein. 8. Abandonment. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the Applicant be delinquent in payment o f any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Village Board following receipt of a recommendation from the Plan Commission and after the Village Board holds a public hearing in the matter. 9. Amendments. Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or VB Packet July 8, 2025 Page 32 of 68 2 amendment to the use, premises (including but not limited to any change to the boundary limits of the Subject Property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. 10. Plan Amendments. Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended (a) without separate approval in the limited circumstances described in Section 14.19(11) of the Village Code; or (b) by the Village Board upon receipt of a recommendation from the Plan Commission if the Village Board finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Board, in its sole discretion, finds to be substantial shall require a new permit, and all procedures in place at the time must be followed. 11. Severability. Should any paragraph or phrase of this conditional use permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. 12. Most Restrictive Applies . If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission. 13. Prior Conditional Use Permits Terminated . Unless stated otherwise herein or in the documents incorporated herein, all conditional use permits previously granted for the Subject Property, if any, shall be automatically terminated without further action of the Village Board immediately following full satisfaction of all condition’s precedent to this conditional use order taking effect. 14. Payment of fees. Applicant shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this conditional use order including the cost of professional services incurred by the Village (including engineering, le gal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional use order due to a violation of these conditions. 15. Payment of Taxes and Charges. Any unpaid bills owed to the Village by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees; or for personal property taxes; or for real property taxes; or for licenses, permit fees or any oth er fees owed to the Village; shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional use order, that is subject to all remedies available to the Village, including possible cause for termination of the conditional use order. 16. Conditions Shown in Minutes Incorporated . All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the Applicant’s application, as noted in the Minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference. 17. The Applicant is obligated to file with the Village Clerk a current mailing address and current phone number at which the Applicant can be reached, which must be continually updated by the Applicant if such contact information should change, for the duration of this conditional use. If the Applicant fails to maintain such current contact information the Applicant thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use. VB Packet July 8, 2025 Page 33 of 68 3 Let copies of this order be filed in the permanent records of the Village Board for the Village of Fox Point, and let copies be sent to the proper Village of Fox Point authorities and the Applicant and Owner. Signed this _____ day of ______________, 2025, nunc pro tunc the _______ day of ________________, 2025. BY THE FOX POINT VILLAGE BOARD: Christine Symchych, Village President Attest: Sara A Bruckman, CMC/WCMC, Village Clerk/Treasurer APPROVAL I hereby approve the issuance of this Conditional Use Permit to the Applicant on the terms and conditions described herein. Dated this day of , 2025. SUBJECT PROPERTY OWNER ____________________________ By:__________________________________________________ Authorized Signatory Title: ________________________________________________ ACCEPTANCE I hereby accept the terms and conditions of this Conditional Use in its entirety. Dated this day of , 2025. APPLICANT: By: __________________________________________________ Authorized Signatory Title: ___________________________ VB Packet July 8, 2025 Page 34 of 68 HB: 4902-0855-3538.1 VILLAGE OF FOX POINT, MILWAUKEE COUNTY, WISCONSIN RESOLUTION NO. ______ RESOLUTION AWARDING THE SALE OF $9,900,000* GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2025A WHE REAS, the Village of Fox Point, Milwaukee County, Wisconsin (the “Village”) is in need of funds aggregating $9,900,000 for the following public purposes: (a) Capital projects including but not limited to municipal building and facility improvements, street improvements, municipal equipment and vehicles, water and sewer system improvements, and North Shore Library construction; (b ) Refunding the outstanding $4,350,000 General Obligation Promissory Notes, Series 2023A; and (c ) Professional and financing fees (collectively, the “Public Purpose”); and WHE REAS, for the purpose of providing funds for the Public Purpose, the Village has determined that it is necessary and desirable to authorize and sell its $9,900,000 Village of Fox Point, Milwaukee County, Wisconsin General Obligation Promissory Notes, Series 2025A (the “Notes”); and WHEREAS, pursuant to an Initial Resolution adopted by the Village Board on May 13, 2025, the Village administration (in consultation with the Village’s financial advisor, Robert W. Baird & Co. Incorporated) caused an Official Notice of Sale to be distributed offering the Notes for public sale on July 8, 2025; and WHEREAS, pursuant to Chapter 67.12(12) of the Wisconsin Statutes, as amended, the Village is authorized to issue general obligation promissory notes of the Village for the Public Purpose; and WHEREAS, it has been determined that the bid proposal submitted by [____________] (the “Purchaser”) fully complies with the bid requirements set forth in the Official Notice of Sale and is deemed to be the most advantageous to the Village. A copy of said bid is attached hereto as Exhibit A and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY THAT: Section 1. Award of the Notes . The bid proposal of the Purchaser is hereby accepted, said proposal offering to purchase the Notes, for the sum of [$____________] ($9,900,000.00 par amount * Preliminary; subject to change. VB Packet July 8, 2025 Page 35 of 68 2 HB: 4902-0855-3538.1 of Notes, plus reoffering premium of [$____________] , less underwriter’s discount of [$____________]). The Notes mature and bear interest as follows: MATURITY SCHEDULE Maturity Date Principal Amount Interest Rate April 1, 2026 April 1, 2027 April 1, 2028 April 1, 2029 April 1, 2030 April 1, 2031 April 1, 2032 April 1, 2033 April 1, 2034 April 1, 2035 Th e Village President and Village Clerk are authorized and directed to do any and all acts necessary to conclude delivery of the Notes to the Purchaser, as soon after adoption of this Resolution as is convenient. [MA NDATORY REDEMPTION The term Notes are subject to partial mandatory redemption through the operation of a sinking fund on the dates and in the amounts specified below at a price equal to 100% of the principal amount of the Notes being redeemed, plus accrued interest to the redemption date: Te rm Note 1 Mandatory Sinking Fund Payment Date Mandatory Sinking Fund Payment Amount April 1, 20___ $______ April 1, 20___ $______ April 1, 20___ (maturity) $______ Te rm Note 2 Mandatory Sinking Fund Payment Date Mandatory Sinking Fund Payment Amount April 1, 20___ $______ April 1, 20___ $______ April 1, 20___ (maturity) $______] Sec tion 2. Designation of Purchaser as Agent; Approval of Official Statement . The preparation of the Preliminary Official Statement dated [Ju ly _____, 2025] and the Final Official Statement are hereby approved. The Preliminary Official Statement is “deemed final” as of its date, VB Packet July 8, 2025 Page 36 of 68 3 HB: 4902-0855-3538.1 except for omissions or subsequent modifications permitted under Rule 15c2-12 of the Securities and Exchange Commission. The Village President and the Village Clerk are authorized and directed to do any and all acts necessary to conclude delivery of the Notes to the Purchaser, as soon after adoption of this Resolution as is convenient. The Village hereby designates the Purchaser as its agent for purposes of distributing the Final Official Statement relating to the Notes to any participating underwriter in compliance with Rule 15c2- 12 of the Securities and Exchange Commission. Section 3. Terms of the Notes . The Notes shall be designated “General Obligation Promissory Notes, Series 2025A;” shall be dated August 4, 2025; shall be in the denomination of $5,000 or any integral multiple thereof; and shall mature serially on April 1 of each year, in the years and principal amounts as set forth above. Interest is payable semi-annually on April 1 and October 1 of each year, commencing on April 1, 2026. Section 4. Optional Redemption. At the option of the Village, Notes maturing on April 1, 2033 and thereafter are subject to call and prior redemption on April 1, 2032, or on any date thereafter, in whole or in part, and if in part, from maturities selected by the Village, and by lot within each maturity, at par plus accrued interest to the date of redemption. Section 5. Form of the Notes . The Notes shall be issued in registered form and shall be executed and delivered in substantially the form attached hereto as Exhibit B and incorporated herein by this reference. Section 6. Direct Annual Irrepealable Tax Levy . For the purpose of paying the principal of and interest on the Notes 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 the taxable property of the Village a direct annual irrepealable tax in the years and amounts as follows: (a) Levy for the year 2025 in the amount of $_______, being the sum of: $______ for principal due on April 1, 2026; $______ for interest due on April 1, 2026; and $______ for interest due on October 1, 2026. (b) Levy for the year 2026 in the amount of $_______, being the sum of: $______ for principal due on April 1, 2027; $______ for interest due on April 1, 2027; and $______ for interest due on October 1, 2027. (c) Levy for the year 2027 in the amount of $______, being the sum of: $______ for principal due on April 1, 2028; $______ for interest due on April 1, 2028; and $______ for interest due on October 1, 2028. (d ) Levy for the year 2028 in the amount of $______ being the sum of: VB Packet July 8, 2025 Page 37 of 68 4 HB: 4902-0855-3538.1 $______ for principal due on April 1, 2029; $______ for interest due on April 1, 2029; and $______ for interest due on October 1, 2029. (e) Levy for the year 2029 in the amount of $______, being the sum of: $______ for principal due on April 1, 20 30; $______ for interest due on April 1, 2030; and $______ for interest due on October 1, 2030. (f) Levy for the year 2030 in the amount of $______, being the sum of: $______ for principal due on April 1, 2031; $______ for interest due on April 1, 2031; and $______ for interest due on October 1, 2031. (g) Levy for the year 2031 in the amount of $______, being the sum of: $______ for principal due on April 1, 2032; $______ for interest due on April 1, 2032; and $______ for interest due on October 1, 2032. (h) Levy for the year 2032 in the amount of $______, being the sum of: $______ for principal due on April 1, 2033; $______ for interest due on April 1, 2033; and $______ for interest due on October 1, 2033. (i) Levy for the year 2033 in the amount of $______, being the sum of: $______ for principal due on April 1, 2034; $______ for interest due on April 1, 2034; and $______ for interest due on October 1, 2034. (j) Levy for the year 2034 in the amount of $______ being the sum of: $______ for principal due on April 1, 2035; and $______ for interest due on April 1, 2035. The aforesaid direct annual irrepealable tax hereby levied shall be collected in addition to all other taxes and in the same manner and at the same time as other taxes of the Village levied in said years are collected. So long as any part of the principal of or interest on the Notes remains unpaid, the tax herein above levied shall be and continues irrepealable except that the amount of tax carried onto the tax roll may be reduced in any year by the amount of any surplus in the Debt Service Fund Account created herein. Section 7. Debt Service Fund Account. There is hereby established in the Village treasury a fund account separate and distinct from every other Village fund or account designated “Debt Service Fund Account for $9,900,000 Village of Fox Point General Obligation Promissory Notes, Series VB Packet July 8, 2025 Page 38 of 68 5 HB: 4902-0855-3538.1 2025A dated August 4, 2025.” There shall be deposited in said fund account any premium plus accrued interest paid on the Notes at the time of delivery to the Purchaser, all money raised by taxation pursuant to Section 6 hereof and all other sums as may be necessary to pay interest on the Notes when the same shall become due and to retire the Notes at their respective maturity dates. Said fund account shall be used for the sole purpose of paying the principal of and interest on the Notes and shall be maintained for such purpose until such indebtedness is fully paid or otherwise extinguished. Section 8. Borrowed Money Fund. The proceeds of the Notes (the “Note Proceeds”) (other than any premium and accrued interest paid at the time of delivery which must be paid into the Debt Service Fund Account created above) shall be deposited into an account separate and distinct from all other funds and disbursed solely for the purposes for which borrowed or for the payment of the principal of and interest on the Notes. Section 9. Arbitrage Covenant. The Village shall not take any action with respect to the Note Proceeds which, if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken on the date of the delivery of and payment for the Notes (the “Closing”), would cause the Notes to be “arbitrage bonds” within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”) and any income tax regulations promulgated thereunder (the “Regulations”). The Note Proceeds may be temporarily invested in legal investments until needed; provided, however, that the Village hereby covenants and agrees that so long as the Notes remain outstanding, moneys on deposit in any fund or account created or maintained in connection with the Notes, whether such moneys were derived from the Note Proceeds or from any other source, will not be used or invested in a manner which would cause the Notes to be “arbitrage bonds” within the meaning of the Code or Regulations. The Village Clerk, or other officer of the Village charged with the responsibility for issuing the Notes, shall provide an appropriate certificate of the Village, for inclusion in the transcript of proceedings, setting forth the reasonable expectations of the Village regarding the amount and use of the Note Proceeds and the facts and estimates on which such expectations are based, all as of the Closing. Section 10. Additional Tax Covenants. The Village hereby further covenants and agrees that it will take all necessary steps and perform all obligations required by the Code and Regulations (whether prior to or subsequent to the issuance of the Notes) to assure that the Notes are obligations described in Section 103(a) of the Code, the interest on which is excluded from gross income for federal income tax purposes, throughout their term. The Village Clerk or other officer of the Village charged with the responsibility of issuing the Notes, shall provide an appropriate certificate of the Village as of the Closing, for inclusion in the transcript of proceedings, certifying that it can and covenanting that it will comply with the provisions of the Code and Regulations. Further, it is the intent of the Village to take all reasonable and lawful actions to comply with any new tax laws enacted so that the Notes will continue to be obligations described in Section 103(a) of the Code, the interest on which is excluded from gross income for federal income tax purposes. In accordance with Section 148(f)(4)(D) of the Code, the Village covenants that it is a governmental unit with general taxing powers; that the Notes are not “private activity bonds” as VB Packet July 8, 2025 Page 39 of 68 6 HB: 4902-0855-3538.1 defined in Section 141 of the Code and that ninety-five percent (95%) or more of the net proceeds of the Notes are to be used for local governmental activities of the Village. The Village covenants that it will take all necessary steps to comply with rebate requirements of the Code. Section 11. Persons Treated as Owners; Transfer of Notes . The Paying Agent (as defined in Section 19) shall keep books for the registration and for the transfer of the Notes. The person in whose name any Note 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 Note 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 Note to the extent of the sum or sums so paid. Any Note may be transferred by the registered owner by surrender of the Note at the office of the Paying 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 Paying Agent shall deliver in the name of the transferee or transferees a new Note or Notes of a like aggregate principal amount, series and maturity and the Paying Agent shall record the name of each transferee in the registration book. No registration shall be made to bearer. The Paying Agent shall cancel any Note surrendered for transfer. The Village shall cooperate in any such transfer, and the Village President and Village Clerk are authorized to execute any new Note or Notes necessary to effect any such transfer. The 15th day of each calendar month next preceding each interest payment date shall be the record date for the Notes. Payment of interest on the Notes on any interest payment date shall be made to the registered owners of the Notes as they appear on the r egistration book of the Village maintained by the Paying Agent at the close of business on the corresponding record date. Section 12. Utilization of The Depository Trust Company Book -Entry-Only-System. In order to make the Notes eligible for the services provided by The Depository Trust Company, New York, New York (“DTC”), the Village has heretofore agreed to the applicable provisions set forth in the DTC Blanket Issuer Letter of Representation previously filed with DTC on behalf of the Village. The Notes will be registered in the name of DTC or its nominee and maintained in a Book-Entry System. If the Village’s relationship with DTC is terminated, the Village may appoint another securities depository to maintain the Book-Entry System. Section 13. Defeasance. When all Notes have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The Village may discharge all Notes due on any date by depositing into a special account on or before that date a sum sufficient to pay the same in full; or if any Notes should not be paid when due, it may nevertheless be discharged by depositing into a special account a sum sufficient to pay it in full with interest accrued from the due date to the date of such deposit. The Village, at its option, may also discharge all Notes called for redemption on any date when they are prepayable according to their terms, by depositing into a special account on or before that date a sum sufficient to pay them in full, with the required redemption premium, if any, provided that notice of redemption has been duly given as required by this Resolution. The Village, at its option, may also discharge all Notes of said issue at any time by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government, maturing on the dates and VB Packet July 8, 2025 Page 40 of 68 7 HB: 4902-0855-3538.1 bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Notes to its maturity or, at the Village’s option, if said Note is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Note at maturity, or at the Village’s option, if said Note is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the rede mption of all prepayable Notes on such date has been duly given or provided for. Section 14. Execution of the Notes. The Notes shall be issued in typewritten form, one Note for each maturity, executed on behalf of the Village by the manual or facsimile signatures of the Village President and Village Clerk (except that one of the foregoing signatures shall be manual), sealed with its official or corporate seal, if any, and delivered to the Purchaser upon payment to the Village of the purchase price thereof, plus accrued interest to the date of delivery. In the event that either of the officers whose signatures appear on the Notes shall cease to be such officers before the delivery of the Notes, such signatures shall, nevertheless, be valid and sufficient for all purposes to the same extent as if they had remained in office until such delivery. The aforesaid officers are hereby authorized to do all acts and execute and deliver all documents as may be necessary and convenient to effectuate the Closing. Section 15. Designation of Notes. The Village hereby designates the Notes to be “qualified tax-exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Code and in support of such designation the Village Clerk or other officer of the Village charged with the responsibility for issuing the Notes shall provide an appropriate certificate of the Village all as of the Closing. Section 16. Continuing Disclosure. The Village covenants and agrees, for the benefit of the holders of the Notes, to enter into a written undertaking (the “Undertaking”) required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (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 enforceabl e by the holders of the Notes or by the original purchaser(s) of the Notes on behalf of such holders (provided that the rights of the holders and the purchaser(s) to enforce the Undertaking shall be limited to a right to obtain specific enforcement 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 Notes). The Village Clerk, or other officer of the Village charged with the responsibility for issuing the Notes, shall provide a Continuing Disclosure Agreement for inclusion in the transcript of proceedings, setting forth the details and terms of the Village’s Undertaking. Section 17. Conflicting Resolutions; Severability; Effective Date . All prior resolutions or other actions of the Village 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. Section 18. Bond Insurance. If the purchaser of the Notes obtains municipal bond insurance with respect to the Notes, the Village 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 VB Packet July 8, 2025 Page 41 of 68 8 HB: 4902-0855-3538.1 Village President and Village Clerk, including provisions regarding restrictions on investment of Note Proceeds, the rights of the bond insurer in the event of default and payment of the Notes by the bond insurer and notices to be given and information to be provided to the bond insurer. In addition, appropriate reference to the municipal bond insurance policy shall be made in the form of Note provided herein. Section 19. Appointment of Paying Agent; Fiscal Agency Agreement . The principal of and interest on the Notes shall be paid by Associated Trust Company, National Association (the “Paying Agent”) which is hereby appointed as the Village’s registrar, fiscal agent, and paying agent pursuant to the provisions of Section 67.10(2), Wisconsin Statutes. The Fiscal Agency Agreement between the Village and the Paying Agent in substantially in the form attached hereto as Exhibit C is hereby approved, and the Village shall pay such fees and expenses of the Paying Agent set forth in the Fiscal Agency Agreement. The Village President and Village Clerk are authorized to execute the Fiscal Agency Agreement. Section 20. Notice of Redemption of the Series 2023A Notes. The Village hereby directs the Fiscal Agent to take steps necessary to call the Series 2023A Notes on August 11, 2025 (the “Redemption Date”). The Fiscal Agent, without any further authorization or direction from the Village, shall provide notice of redemption of said Series 2023A Notes to be sent to registered securities depositories in the business of holding obligations of such types as the Series 2023A Notes, and to nationally recognized municipal securities information repositories that disseminate notices of redemption of obligations. The Fiscal Agent shall also cause notice of the redemption of the Series 2023A Notes, in substantially the form attached as hereto as Exhibit D, by registered or certified mail, electronic transmission, or overnight express delivery to The Depository Trust Company, not less than thirty (30) and not more than sixty (60) days prior to the Redemption Date. Sec tion 21. Section 893.77 Notice. Notice of sale of the Notes, in the form attached hereto as Exhibit E, shall be published in the official newspaper of the Village as a class l notice under Chapter 985 of the Wisconsin Statutes or posted pursuant to the Village’s procedures for posting notices. Adopt ed this 8th day of July, 2025. Christine Symchych, Village President ATTEST: Sara Bruckman, Village Clerk VB Packet July 8, 2025 Page 42 of 68 9 HB: 4902-0855-3538.1 CERTIFICATION I, S ara Bruckman, being first duly sworn, do hereby depose and certify that I am the duly appointed, qualified and acting Village Clerk of the Village of Fox Point, in the County of Milwaukee, State of Wisconsin (the “Village”), and as such I have in my possession, or have access to, the complete corporate records of said Village; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of a Resolution entitled: RE SOLUTION NO. _______ RE SOLUTION AWARDING THE SALE OF $9,900,000 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2025A I do hereby further depose and certify as follows: 1. Sa id resolution was considered for adoption by the Village Board at a _______________ (insert regular or special) meeting held at 7200 North Santa Monica Boulevard, Fox Point, Wisconsin at ____ p.m. on July 8, 2025. Said meeting of the Village was held in open session in compliance with Subchapter V of Chapter 19 of the Wisconsin Statutes. 2. Sa id resolution was on the agenda for said meeting and public notice thereof was given not less than 24 hours prior to the commencement of said meeting in compliance with Section 19.84 of the Wisconsin Statutes, including, without limitation, by posting on the bulletin board in the Village Hall and the Village’s website. 3. Sa id meeting was called to order by __________________, who chaired the meeting. Upon roll I noted and recorded that the following trustees were present: and that the following trustees were absent: I not ed and recorded that a quorum was present. Various matters and business were taken up during the course of the meeting without intervention of any closed session. One of the matters taken up was said resolution which was introduced and its adoption was moved by Trustee __________________, and seconded by Trustee ___________________. Following discussion and after all trustees who desired to do so had expressed their views for or against said resolution, the VB Packet July 8, 2025 Page 43 of 68 10 HB: 4902-0855-3538.1 question was called and upon roll being called and the continued presence of a quorum being noted, the recorded vote was as follows: AYE : NA Y: ABS TAINED: Whe reupon the chairperson of the meeting declared said resolution adopted, and I so recorded it. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the Village hereto on this 8th day of July, 2025. VIL LAGE OF FOX POINT, MILWAUKEE COUNTY, WISCONSIN [ SEAL] By: Sar a Bruckman, Village Clerk VB Packet July 8, 2025 Page 44 of 68 A- 1 HB : 4902-0855-3538.1 EXHIBIT A BID FORM [SEE ATTACHED] VB Packet July 8, 2025 Page 45 of 68 B- 1 HB: 4902-0855-3538.1 EX HIBIT B FORM OF NOTE REGISTERED No. R-___ UNITED STATES OF AMERICA STATE OF WISCONSIN MILWAUKEE COUNTY VILLAGE OF FOX POINT REGISTERED $____________ GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2025A Maturity Date Dated Date Interest Rate CUSIP April 1, ______ August 4, 2025 ____% ____ REG ISTERED OWNER: CEDE & CO. KNOW ALL MEN BY THESE PRESENTS that the Village of Fox Point, Milwaukee County, Wisconsin (the “Village”) hereby acknowledges itself to owe and for value received promises to pay to the registered owner shown above, or registered assigns, solely from the f und hereinafter specified, the principal sum of ___________________________________ DOLLARS ($___________) on the maturity date identified above, together with interest thereon from the Dated Date, or the most recent payment date to which interest has bee n paid, at the rate of _________% per annum, calculated on the basis of a 360 day year made up of twelve 30 day months, such interest being payable semiannually on each April 1 and October 1, commencing on April 1, 2026, until maturity or prior redemption. Both principal and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. Prepayment of any principal hereunder shall be noted on the margin of this Note. On the maturity date, principal of this Note shall be payable only upon presentation and surrender of this Note at the principal office of Associated Trust Company, National Association, the fiscal agent appointed by the Village pursuant to the provisions of Section 67.10(2), Wisconsin Statutes, to act as bond registrar and paying agent (the “Paying Agent”). Interest hereon shall be paid by wire transfer to the Depository in whose name this Note is registered on the note register maintained by the Paying Agent at the close of business on the fifteenth day of the calendar month next preceding such interest payment date. Notes maturing on April 1, 2033 and thereafter are subject to call and prior redemption on April 1, 2032, or on any date thereafter, in whole or in part, from maturities selected by the Village, and by lot within each maturity, at par plus accrued interest to the date of redemption. [Notes maturing on __________ 1 in the years 20____, 20____ and 20____ are also subject to partial mandatory redemption by lot as provided in the resolution authorizing the Note s at the redemption price of par plus accrued interest to the date of redemption and without premium.] Notice of the call for any redemption of Notes prior to maturity shall be given by mailing a copy of the redemption notice by First Class Mail, not less than thirty (30) nor more than sixty (60) days prior to the redemption date to the Owner of each Note to be redeemed at the address shown VB Packet July 8, 2025 Page 46 of 68 B- 2 HB: 4902-0855-3538.1 on the note register; provided, however, that failure to give any such notice as aforesaid, or any defect therein with respect to any particular Note shall not affect the validity of any proceedings for the redemption of any other Note. Each redemption notice shall (i) identify the particular Note, publication date, redemption date, redemption agent name and address, date of issue, interest rate, maturity date, and other descriptive information, if any that accurately identifies the particular Notes called for redemption, (ii) identify the provisions pursuant to which the Notes are being redeemed, (iii) identify the place of payment, (iv) state the applicable redemption price, including the premium, if any, and (v) state that interest on the Notes or portions thereof thus called for redemption will cease to accrue from and after the redemption date specified therein. As long as the Notes are in book entry form, the Notes are payable as to principal by wire transfer to the Depository or its nominee upon their presentation and surrender to the Paying Agent. Payment of each installment of interest shall be made by wire transfer to the Depository or its nominee shown in the registration books on the Record Date on the payment date in lawful money of the United States of America by the Paying Agent. The Paying Agent shall not be obliged to make any transfer of the Notes (i) after the Record Date, (ii) during the fifteen (15) calendar days preceding the Record Date, or (iii) with respect to any particular Notes, after such Note has been called for redemption. With respect to (iii) above, in the event that less than all of the principal amount of a specific interest rate is redeemed, the Village shall execute and the Paying Agent shall issue a new Note in the principal amount outstanding after redemption on the redemption date. This Note is transferable only upon the books of the Village kept for that purpose at the office of the Paying Agent, by the registered owner in person or its duly authorized attorney, upon surrender of this Note, together with a written instrument of tran sfer (which may be endorsed hereon) satisfactory to the Paying Agent, duly executed by the registered owner or its duly authorized attorney. Thereupon a replacement Notes shall be issued to the transferee in exchange therefor. The Village may deem and treat the person in whose name this Note is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. This Note is issuable solely as a negotiable, fully registered note, without coupons. This Note has been designated by the Village as a “qualified tax -exempt obligation” for purposes of Section 265 of the Internal Revenue Code, as amended. This Note is issued for the public purpose of paying the following costs: (a) Capital projects including but not limited to municipal building and facility improvements, street improvements, municipal equipment and vehicles, water and sewer system improvements, and North Shore Library construction; (b) Refunding the outstanding $4,350,000 General Obligation Promissory Notes, Series 2023A; and (c) Professional and financing fees; and is authorized pursuant to Chapter 67 of the Wisconsin Statutes and a resolution adopted by the Village Board on July 8, 2025, entitled, “Resolution Awarding the Sale of $9,900,000 General Obligation Promissory Notes, Series 2025A.” VB Packet July 8, 2025 Page 47 of 68 B- 3 HB: 4902-0855-3538.1 It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen, and be performed precedent to and in the issuance of this Note have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said Village from the levy of a non repealable, direct annual tax has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Note. IN WITNESS WHEREOF, the Village of Fox Point, Wisconsin, has caused this Note to be signed by the signatures of its Village President and its Village Clerk, and its corporate seal (or a true facsimile thereof) to be impressed (or imprinted) hereon, all as of the date of original issue specified above. [SEAL] VILLAGE OF FOX POINT, MILWAUKEE COUNTY, WISCONSIN By: Christine Symchych, Village President By: Sara Bruckman, Village Clerk VB Packet July 8, 2025 Page 48 of 68 B- 4 HB: 4902-0855-3538.1 (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address, including zip code, of Assignee) (Please print or typewrite name and address, other identifying number of Assignee) the within Note and all rights thereunder, hereby irrevocably constituting and appointing (Please print or typewrite name of Attorney) At torney to transfer said Note on the books kept for the registration thereof with full power of substitution in the premises. Dated: ______________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note in every particular without alteration or enlargement or any change whatever. Signature(s) guaranteed by: VB Packet July 8, 2025 Page 49 of 68 C- 1 HB: 4902-0855-3538.1 EXHIBIT C FISCAL AGENCY AGREEMENT [S EE ATTACHED] VB Packet July 8, 2025 Page 50 of 68 C- 2 HB: 4902-0855-3538.1 $9,900,000* Village of Fox Point Milwaukee County, Wisconsin General Obligation Promissory Notes, Series 2025A FISCAL AGENCY AGREEMENT TH IS AGREEMENT is made and entered into on August 4, 2025, by and between Village of Fox Point, Milwaukee County, Wisconsin (the “Village”), and Associated Trust Company, National Association (the “Agent”). WITNESSETH: WHEREAS, the Village has authorized the borrowing of the sum of NINE MILLION NINE HUNDRED THOUSAND DOLLARS ( $9,900,000) pursuant to Section 67.12(12), Wisconsin Statutes, and resolutions adopted by the Village Board on May 13, 2025 and July 8, 2025 and has authorized the issuance and sale of $9,900,000 principal amount of general obligation promissory notes to evidence such indebtedness (the “Obligations”). The Obligations shall be designated “General Obligation Promissory Notes, Series 2025A”; shall be da ted August 4, 2025; shall bear interest at the rates set forth below; and shall mature on April 1 of each year, in the years and principal amounts as follows: MATURITY SCHEDULE Maturity Date Principal Amount Interest Rate April 1, 2026 April 1, 2027 April 1, 2028 April 1, 2029 April 1, 2030 April 1, 2031 April 1, 2032 April 1, 2033 April 1, 2034 April 1, 2035 [MA NDATORY REDEMPTION Th e term Notes are subject to partial mandatory redemption through the operation of a sinking fund on the dates and in the amounts specified below at a price equal to 100% of the principal amount of the Notes being redeemed, plus accrued interest to the redemption date: * Preliminary; subject to change. VB Packet July 8, 2025 Page 51 of 68 D- 3 HB: 4902-0855-3538.1 Term Note 1 Mandatory Sinking Fund Payment Date Mandatory Sinking Fund Payment Amount April 1, 20___ $______ April 1, 20___ $______ April 1, 20___ (maturity) $______ Te rm Note 2 Mandatory Sinking Fund Payment Date Mandatory Sinking Fund Payment Amount April 1, 20___ $______ April 1, 20___ $______ April 1, 20___ (maturity) $______] In terest shall be payable semi -annually on April 1 and October 1 of each year, commencing on April 1, 2026, until the principal of the Obligations is paid in full or discharged; WHE REAS, the Village is issuing the Obligations in registered form pursuant to Section 149 of the Internal Revenue Code of 1986, as amended, and any applicable income tax regulations; and, WHEREAS, pursuant to the aforesaid resolution or resolutions and Section 67.10(2), Wisconsin Statutes, the Village Board of the Village has authorized the appointment of the Agent as Fiscal Agent of the Village for the purpose of performing any or all of the following functions with respect to the Obligations: paying the principal of and interest on the Obligations; accounting for such payments; registering, authenticating, transferring, and canceling the Obligations; and maintaining a registration book in addition to other applicable responsibilities all in accordance with the provisions of Section 67.10(2), Wisconsin Statutes. NOW, THEREFORE, the Village and the Agent do hereby agree as follows: APPOINTMENT The Agent is hereby appointed Fiscal Agent of the Village with respect to the Obligations for the purpose of performing such of the responsibilities stated in Section 67.10(2)(a), Wisconsin Statutes, as are delegated herein or as may be otherwise specifically delegated in writing to the Fiscal Agent by the Village. INVESTMENT RESPONSIBILITY The Fiscal Agent shall not be under any obligation to invest funds held for the payment of interest or principal on the Obligations. PAYMENTS At least one (1) business day before each semi-annual interest payment date (commencing with the first interest payment date and continuing thereafter until the principal of and interest on the VB Packet July 8, 2025 Page 52 of 68 D- 4 HB: 4902-0855-3538.1 Obligations should have been fully paid or prepaid in accordance with their terms) the Village agrees to and shall pay to the Fiscal Agent, in immediately available funds, a sum equal to the amount payable as principal of and the premium, if any, and interest on the Obligations on such semi -annual interest payment date. Said semi-annual interest and/or principal payment dates and amounts are set forth in Exhibit A which is attached hereto and incorporated herein by this reference. CANCELLATION In every case of the surrender of any Obligation for the purpose of payment, the Fiscal Agent shall cancel and destroy the same and deliver to the Village a certificate regarding such cancellation, setting forth an accurate description of the Obligation, specifying its number, date, purpose, amount, rate of interest, and payment date and stating the date and amount of each payment of principal or interest thereon. The Fiscal Agent shall also cancel and destroy Obligations presented for transfer or exchange and deliver a certificate with respect to such transfer or exchange to the Village. The Fiscal Agent shall be permitted to microfilm, or otherwise photocopy and record said canceled Obligations. REGISTRATION BOOK Fiscal Agent shall maintain in the name of the Village a Registration Book containing the names and addresses of all registered owners of the Obligations. The Fiscal Agent shall keep confidential said information in accordance with applicable banking and governmental regulations. INTEREST PAYMENT Payment of each installment of interest shall be made to the registered owner who shall appear on the Registration Book at the close of business on the 15th day of the calendar month next preceding the interest payment date and shall be paid by check or draft of the Fiscal Agent mailed to such registered owner at his address as it appears in such Registration Book or at such other address as may be furnished in writing by such registered owner to the Fiscal Agent. PAYMENT OF PRINCIPAL Principal shall be paid to the registered owner of an Obligation upon surrender of the Obligation on or after its maturity or redemption date. REDEMPTION NOTICE In the event the Village exercises its option to redeem the Obligations prior to maturity, as long as the Obligations are in book -entry-only form, the Village shall direct the Fiscal Agent to give official notice of the redemption by mailing a notice by registered or certified mail, or overnight express delivery, or electronic transmission to the Depository not less than thirty (30) days nor more than sixty (60) days prior to the redemption date. If less than all the Obligations of a maturity are to be called for redemption, the Obligations 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 Obligations called for redemption, CUSIP numbers, and the date of redemption. Any notice mailed as provided herein shall be conclusively presumed to have been duly given, whether or not the Depository receives the notice. The Obligations shall cease to bear interest on the specified redemption date, provided that federal or other immediately available funds sufficient for such VB Packet July 8, 2025 Page 53 of 68 D- 5 HB: 4902-0855-3538.1 redemption are on deposit at the office of the Depository at that time. Upon such deposit of funds for redemption the Obligations shall no longer be deemed to be outstanding. UTILIZATION OF THE DEPOSITORY TRUST COMPANY The Depository Trust Company’s Book -Entry-Only system is to be utilized for the Obligations. The Fiscal Agent agrees to comply with the provisions of the Blanket Issuer Letter of Representation which has been executed and delivered to The Depository Trust Company (the “Depository”) by the Village. TRANSFER AND EXCHANGE OF OBLIGATIONS The Fiscal Agent shall transfer Obligations upon presentation of a written assignment duly executed by the registered owner or by such owner’s duly authorized legal representative. Upon such transfer, a new registered Obligation of authorized denomination or denominations in the same aggregate principal amount shall be issued to the transferee in exchange thereof, and the name of such transferee shall be entered as the new registered owner in the Registration Book. Upon request of the registered owner, the Fiscal Agent shall exchange Obligations of the issue for a like aggregate principal amount of Obligations of the same maturity in authorized whole integral multiples of $5,000. The Obligations shall be numbered 1 and upward. Upon any transfer or exchange, the Obligation or Obligations issued shall bear the next highest consecutive unused number or numbers. STATEMENTS The Fiscal Agent shall furnish the Village with an accounting of payments received and made and funds on hand annually. FEES The Village agrees to pay the Fiscal Agent fees in accordance with the fee schedule provided by the Fiscal Agent which is attached hereto as Exhibit B and incorporated herein by this reference until the final principal payment (or redemption date in the event the Village exercises its option, if any, to redeem the Obligations). Such fees are payable on the dates principal is due or pursuant to statements provided to the Village by the Fiscal Agent. In the event the Village exercises its option, if any, to redeem the Obligations, the Fiscal Agent shall be reimbursed for mailing costs related therewith. MISCELLANEOUS 1. Nonpresentment of Checks. In the event the check or draft mailed by the Fiscal Agent to the registered owner is not presented for payment within six years of its date, then the monies representing such nonpayment shall be returned to the Village or to such board, officer or body as may then be entitled by law to receive the same, together with the name of the registered owner of the Obligation and the last mailing address of record. Thereafter, the Fiscal Agent shall not be responsible for the payment of such check or draft. 2. Resignations; Successor Fiscal Agent. Fiscal Agent may at any time resign by giving not less than sixty days written notice to Village. Upon receiving such notice of resignation, the Village VB Packet July 8, 2025 Page 54 of 68 D- 6 HB: 4902-0855-3538.1 shall promptly appoint a successor Fiscal Agent by an instrument in writing executed by order of its governing body. If no successor Fiscal Agent shall have been so appointed and have accepted appointment within sixty days after such notice of resignation, the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor fiscal agent. Such court may thereupon, after such notice, if any, as it may deem proper and prescribes, appoint a successor fiscal agent. Any successor fiscal agent shall be qualified to act pursuant to Section 67.10(2), Wisconsin Statutes, as amended. Any successor fiscal agent shall execute, acknowledge and deliver to the Village and to its predecessor fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation of the predecessor fiscal agent shall become effective and such successor fiscal agent, without any further act, deed or conve yance, shall become vested with all the rights, powers, trusts, duties and obligations of its predecessor, with like effect as if originally named as fiscal agent herein; but nevertheless, on written request of Village, or on the request of the successor, the fiscal agent ceasing to act shall execute and deliver an instrument transferring to such successor fiscal agent, all the rights, powers, and trusts of the fiscal agent so ceasing to act. Upon the request of any such successor fiscal agent, the Village shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor fiscal agent all such rights, powers and duties. Any predecessor fiscal agent shall pay over to its successor fiscal agent any funds of the Village. 3. Termination. This Agreement shall terminate six years after the last principal payment on the Obligations is due whether by maturity or earlier redemption or the final discharge of the Village’s responsibilities for payment of the Obligations, whichever is later. T he parties realize that any funds hereunder as shall remain upon termination shall be turned over to the Village after deduction of any unpaid fees and disbursements of Fiscal Agent. Termination of this Agreement shall not, of itself, have any effect on Village’s obligation to pay the outstanding Obligations in full in accordance with the terms thereof. 4. Execution. This Agreement shall be executed on behalf of the Village and the Agent by their duly authorized officers. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. VB Packet July 8, 2025 Page 55 of 68 D- 7 HB: 4902-0855-3538.1 IN WITNESS WHEREOF, the parties have executed this Agreement as of August 4, 2025. VIL LAGE OF FOX POINT, MILWAUKEE COUNTY, WISCONSIN [S EAL] By: Christine Symchych, Village President By : Sara Bruckman, Village Clerk ASS OCIATED TRUST COMPANY, NATIONAL ASSOCIATION By : Name: Title: VB Packet July 8, 2025 Page 56 of 68 C- 9 HB : 4902-0855-3538.1 EXHIBIT A DEBT SERVICE SCHEDULE $9,900,000 Village of Fox Point Milwaukee County, Wisconsin General Obligation Promissory Notes, Series 2025A [See Attached] VB Packet July 8, 2025 Page 57 of 68 C-10 HB: 4902-0855-3538.1 EX HIBIT B FISCAL AGENT FEE SCHEDULE ACCE PTANCE FEE: $325 ANNU AL FEE: $475 OU T-OF-POCKET EXPENSES The above fees do not include out-of-pocket expenses. All out-of-pocket expenses, including postage, supplies, telephone, publication costs, legal fees, wire charges, travel, shredding, and any other miscellaneous items, will be billed in addition to the charges listed in this schedule. In t he event that changes in laws or practices considerably expand our current duties and responsibilities, or if conditions of the economy so warrant, reasonable adjustments may be incorporated into this schedule of fees. VB Packet July 8, 2025 Page 58 of 68 D- 1 HB: 4902-0855-3538.1 EXHIBIT D NO TICE OF REDEMPTION (FULL CALL) $4,350, 000 Village of Fox Point, Milwaukee County, Wisconsin General Obligation Promissory Notes, 2023A NO TICE IS HEREBY GIVEN that the Village of Fox Point, Milwaukee County, Wisconsin (the “Village”) has designated for redemption and will redeem and pay on August 11, 2025 (the “Redemption Date”), the following General Obligation Promissory Notes , 2023A (the “ 2023A Notes”): CUSIP No. Interest Rate Principal Amount Maturity Date 351514MA9 4.000% $4,350,000 April 1, 2026 The 2023A Notes specified above will be redeemed on the Redemption Date at a redemption price of 100% of the principal amount thereof plus accrued interest to the Redemption Date. The Depository Trust Company (“DTC”) is the securities depository for said 2023A Notes . The holders of said 2023A Notes will be paid the principal amount of the 2023A Notes plus accrued interest to the Redemption Date. On and after the Redemption Date, interest will cease to accrue on the 2023A Notes specified herein. D ated: _________________, 2025. VIL LAGE OF FOX POINT, MILWAUKEE COUNTY, WISCONSIN Th e CUSIP Number(s) as stated herein are included solely for the convenience of the holders. The Village shall not be responsible for the use of the CUSIP Number(s), nor is any representation made as to their correctness on the 2023A Notes or as indicated in this notice. VB Packet July 8, 2025 Page 59 of 68 E- 1 HB: 4902-0855-3538.1 EX HIBIT E NOTICE TO THE ELECTORS On J uly 8, 2025, a resolution was offered, read, approved and adopted whereby the Village of Fox Point, Wisconsin authorized the issuance and sale of its General Obligation Promissory Notes, Series 2025A in an amount not to exceed $9,900,000 (the “Notes”). The closing of this note sale was held on August _____, 2025. A copy of all proceedings had to date with respect to the authorization and sale of said Notes is on file and may be examined in the office of the Village Clerk, 7200 North Santa Monica Boulevard, Fox Point, Wisconsin. Thi s notice is given pursuant to Section 893.77, Wisconsin Statutes, which provides that an action or proceeding to contest the validity of such financing, for other than constitutional reasons, must be commenced within 30 days after the date of publication of this notice. Sar a Bruckman, Village Clerk VILLAGE OF FOX POINT, WISCONSIN VB Packet July 8, 2025 Page 60 of 68 1 STATE OF WISCONSIN VILLAGE OF FOX POINT MILWAUKEE COUNTY ORDINANCE NO. AN ORDINANCE TO CREATE SECTION 63-2(A)(38) OF THE VILLAGE OF FOX POINT VILLAGE CODE TO REQUIRE A FEE FOR FLOODPLAIN DEVELOPMENT PERMITS WHEREAS, Chapter 63 of the Village of Fox Point Village Code outlines fees that are required to be paid for certain work and other similar reasons; and WHEREAS, the Village of Fox Point recently updated the Village’s Floodplain Ordinance; and WHEREAS, the revisions to the Village’s Floodplain Ordinance created a new Floodplain Development permit, which does not have a fee specified in Chapter 63 of the Village Code; and WHEREAS, the Director of Public Works recommended that the Village Board adopt a fee specifically for Floodplain Development Permits that can be charged to applicants; and WHEREAS, the Village Board of the Village of Fox Point finds that the implementation of a fee for Floodplain Development Permits will be a benefit to the health, general welfare, and safety of Village of Fox Point. NOW, THEREFORE, the Village Board of the Village of Fox Point, Milwaukee County, Wisconsin, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 63 of the Village of Fox Point Village Code entitled, “Fees,” Section 63-2 entitled, “Building and HVAC Fees,” Subsection A, Subsection 38 is hereby created as follows: (38) Floodplain Development Permit Fee: The costs for a floodplain development permit fee shall be $250.00. This does not include any costs or expenses that an applicant may be subject to pursuant to the Village of Fox Point Chargeback Ordinance, codified as Article III, Charges for Professional Fees, of Chapter 67, Finance and Taxation, of the Code of the Village of Fox Point. SECTION 2. SEVERABILITY Several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. VB Packet July 8, 2025 Page 61 of 68 2 SECTION 3. EFFECTIVE DATE This ordinance shall take effect immediately upon passage and posting or publication as provided by law. Dated this day of , 2025. Village of Fox Point Christine Symchych, Village President ATTEST: Sara Bruckman, Village Clerk/Treasurer VB Packet July 8, 2025 Page 62 of 68 MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR DALE W. ARENZ (1935-2022) 730 N. GRAND AVENUE PAUL E. ALEXY DONALD S. MOLTER, JR. (Retired) WAUKESHA, WISCONSIN 53186 MATTEO REGINATO JOHN P. MACY Telephone (262) 548-1340 LUKE A. MARTELL H. STANLEY RIFFLE (Court Commissioner) Facsimile (262) 548-9211 SAMANTHA R. SCHMID ERIC J. LARSON Email: elarson@ammr.net CHRISTOPHER R. SCHULTZ REMZY D. BITAR LUCAS C. LOGIC GREGORY M. PROCOPIO BENJAMIN T. CROCKETT ADAM J. MEYERS SAVANNA M. GAIN JAIME L. STAFFARONI HAILEY R. LIPINSKI ----------- STEPHEN J. CENTINARIO, JR. July 2, 2025 Christine Symchych, Village President Village of Fox Point 7200 N Santa Monica Blvd. Fox Point, WI 53217 Re: An Ordinance to Repeal and Re-Create Section 112-4. C. and Create Section 112-4.5 of the Village of Fox Point Village Code Related to Creation of the Position of Acting Village Manager First Draft Dear President Symchych: Per our discussions and your request, I have prepared a first draft of the above-noted ordinance for the Village Board’s consideration at its upcoming meeting. I note the following comments, questions, concerns and recommendations in this regard. 1. Gap in Village Code. This ordinance is intended to fill a gap in the Village Code. Let me explain: • Temporary Absence. Since at least the year 2000, the Village Code has provided ways to ensure the duties of Village Manager are performed when the Village Manager is “temporarily unable or not available” to perform the duties, by Section 112-4.C.1 By my records, that method was used in 2012 when Police Chief Czaja temporarily performed the duties after Manager Susan Robertson left office, while a search was completed. That method was used again in 2014, when I believe Police Chief Freedy served for a short time until an Interim Village Manager was appointed, after Manager Melissa Boehse left office. In both cases, the duties were not automatically assumed 1 C. Whenever the Village Manager is temporarily unable or not available to perform the duties of office because of illness, absence from the Village or for any other cause, such duties and powers shall be exercised by the Assistant Village Manager. If there is no Assistant Village Manager, or the Assistant Village Manager is also temporarily unable or not available to perform the duties of the Village Manager's office because of illness, absence from the Village or for any other cause, such duties and power s shall be exercised by the Village Department Head designated by the Village Manager. If there is no Assistant Village Manager, or the Assistant Village Manager is unable or not available to perform the duties of the Village Manager's office and the Village Manager has not designated a Village Department Head to exercise such duties and powers, they shall be exercised by the Village President. VB Packet July 8, 2025 Page 63 of 68 MUNICIPAL LAW & LITIGATION GROUP, S.C. Christine Symchych July 2, 2025 Page 2 by the Assistant Village Manager, because there was no person in that position at the time, so before leaving Susan Robertson appointed Chief Czaja; and I believe that same method was used to appoint Chief Freedy for a short time until Tom Tollaksen was appointed per the method I will turn to next. • Vacant Position. In 2014 the Village created the position of Interim Village Manager2, because the position of Manager was vacant after Melissa Boehse left, and this condition was not considered to be temporary. The Village hired an Interim Village Manager, Tom Tollaksen, who served from approximately January to July, 2015, when Scott Botcher was hired. • Extended Absence Not Currently Addressed. The current issue in the Village is a potentially extended absence of the Village Manager, which is not addressed in the Code. The Village Manager appears to be more than “temporarily unable or not available” to serve the duties; but the position is not vacant. That is the purpose of the enclosed ordinance, to create the position of Acting Village Manager, to address this issue of a potentially extended absence. 2. Policy Issues. I recommend that each Trustee read the document closely. I will be happy to comment on the draft at the upcoming meeting. Among the issues the Board may want to further consider are: • The Board can consider whether the appointment should be made by the Board, or by the President with confirmation of the Board, or by the President alone. I chose the latter in this draft, to ensure that this critical issue can be promptly addressed, but the Board may have other preferences. Note that the last two times the Village Manager was away (both Susan Robertson and Melissa Boehse), the Village Board did not make the appointment, so this is consistent with past practice in that regard. The Village Board has ample power retained, regardless: i. This draft says the appointment can be terminated by the Board. ii. This draft says the compensation, if any, is determined by the Board. • This draft says any absence longer than 2 weeks would be cause to appoint an Acting Village Manager, if circumstances warrant it. This is open for discussion. I offered this time frame to exclude routine vacations and ordinary 2 § 112-4.1Interim Village Manager. [Added 11-17-2014 by Ord. No. 2014-10] There is hereby created the office of Interim Village Manager. An Interim Village Manager may be appointed by the majority of the members of the Village Board present and voting, if the office of Village Manager is vacant. The Interim Village Manager shall have all powers and duties of the Village Manager as described in § 112-2 of this Code, subject to any limitations that the Village Board may impose on the powers of the Interim Village Manager by duly adopted motion or employment agreement. The compensation of the Interim Village Manager shall be fixed by the Village Board. The appointment may be for a definite or an indefinite term, but shall be at will and subject to termination at any time by the majority of the Village Board present and voting. If not terminated earlier by action of the Village Board, the appointment shall automatically terminate upon the commencement of employment of a Village Manager appointed pursuant to § 112-1 of this Code. VB Packet July 8, 2025 Page 64 of 68 MUNICIPAL LAW & LITIGATION GROUP, S.C. Christine Symchych July 2, 2025 Page 3 illnesses, for example, from providing cause for this. Also, given the extended workload the Village Code places on the Assistant Village Manager during a temporary absence, you may decide that extra burden should not extend beyond a short time, which again I propose could be 2 weeks. If you should have any questions or concerns regarding these matters, please do not hesitate to contact me. Very truly yours, MUNICIPAL LAW & LITIGATION GROUP, S.C. Eric J. Larson Eric J. Larson EJL/jd Enclosure - Ordinance Related to Creation of the Position of Acting Village Manager cc: Kevin Ausman, Assistant Village Manager Sara Bruckman, Village Clerk VB Packet July 8, 2025 Page 65 of 68 1 STATE OF WISCONSIN VILLAGE OF FOX POINT MILWAUKEE COUNTY ORDINANCE NO. AN ORDINANCE TO REPEAL AND RE-CREATE SECTION 112-4. C. AND CREATE SECTION 112-4.5 OF THE VILLAGE OF FOX POINT VILLAGE CODE RELATED TO CREATION OF THE POSITION OF ACTING VILLAGE MANAGER WHEREAS, the Village of Fox Point Village Code addresses performance of the Village Manager’s duties when the Village Manager is “temporarily unable or not available” to perform the duties, by Section 112-4.C.; and WHEREAS, the Village of Fox Point Village Code addresses performance of the Village Manager’s duties when the position of Village Manager is “vacant,” by appointment of an Interim Village Manager, by Section 112-4.1; and WHEREAS, the Village of Fox Point Village Code does not currently address how the duties of Village Manager are to be addressed when the current Village Manager’s absence is potentially more substantial than “temporary unable or not available” but the position is not “vacant”; and WHEREAS, the Village of Fox Point Village Board finds that when the Village President reasonably believes the absence of the Village Manager may extend longer than 2 weeks and circumstances warrant, the Village President should be empowered to appoint an Acting Village Manager to serve during the period of absence; and WHEREAS, the Village Board of the Village of Fox Point finds that the creation of the position of Acting Village Manager is in the best interests of the health, safety and general welfare of Village of Fox Point, to ensure continuous provision of key management services. NOW, THEREFORE, the Village Board of the Village of Fox Point, Milwaukee County, Wisconsin, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 112 of the Village of Fox Point Village Code entitled, “Village Manager,” Section 112-4 entitled, “Assistant Village Manager,” Subsection C is hereby repealed and re-created as follows: C. Whenever the Village Manager is temporarily unable or not available to perform the duties of office because of illness, absence from the Village or for any other cause, such duties and powers shall be exercised by the Assistant Village Manager. If there is no Assistant Village Manager, or the Assistant Village Manager is also temporarily unable or not available to perform the duties of the Village Manager's office because of illness, absence from the Village or for any other cause, such duties and powers shall be exercised by the Village Department Head designated by the Village Manager. If there is no Assistant Village Manager, or the Assistant Village Manager is unable or not available to perform the duties of the Village Manager's office and the Village Manager has not designated a Village Department Head to exercise such duties and powers, they shall be exercised by the Village President. The delegations of authority described in this subsection C. automatically terminate upon the first to occur of the following: (1) return to service by the Village Manager; (2) commencement of employment of an Acting Village VB Packet July 8, 2025 Page 66 of 68 2 Manager appointed pursuant to Section 112-4.5 of this Code; (3) commencement of employment of an Interim Village Manager appointed pursuant to Section 112-4.1 of this Code; (4) commencement of employment of a Village Manager appointed pursuant to § 112-1 of this Code. SECTION 2: Chapter 112 of the Village of Fox Point Village Code entitled, “Village Manager,” Section 112-4.5 entitled, “Acting Village Manager,” is hereby created as follows: § 112.4.5 Acting Village Manager There is hereby created the office of Acting Village Manager. An Acting Village Manager may be appointed by the Village President if the Village Manager is unable or not available to perform the duties of office and the Village President reasonably believes the absence may exceed 2 weeks and that the circumstances warrant the appointment. The appointment shall be in writing with a copy to the Village Clerk. The Village Clerk shall promptly notify the Village Board and Village department heads. The Acting Village Manager shall have all powers and duties of the Village Manager as described in § 112-2 of this Code, subject to any limitations that the Village President may impose on the powers of the Acting Village Manager when making the appointment. If a Village employee is appointed, no additional compensation shall be paid for service as Acting Village Manager unless agreed upon by the Village Board. Otherwise, the compensation of the Acting Village Manager shall be fixed by the Village Board. The appointment may be for a definite or an indefinite term, but shall be at will and subject to termination at any time by the majority of the Village Board present and voting. If not terminated earlier by action of the Village Board, the appointment shall automatically terminate upon the first to occur of the following: (1) authorized return to service by the Village Manager; (2) commencement of employment of an Interim Village Manager appointed pursuant to Section 112-4.1 of this Code; (3) commencement of employment of a Village Manager appointed pursuant to § 112-1 of this Code. SECTION 3: SEVERABILITY Several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. VB Packet July 8, 2025 Page 67 of 68 3 SECTION 4: EFFECTIVE DATE This ordinance shall take effect immediately upon passage and posting or publication as provided by law. Dated this day of , 2025. Village of Fox Point Christine Symchych, Village President ATTEST: Sara Bruckman, Village Clerk/Treasurer VB Packet July 8, 2025 Page 68 of 68