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July 2021 July | 2021 TheMunicipality Your Voice Your Wisconsin. July | 2021 ARPA AND FINANCES The American Whatever Ethics and Conflicts Rescue Plan Act: Funding Sewer TID Closure: Happened to From Concrete of Interest Part 2: Pitfalls and Best and Water Projects Saving Options and Dark Store Channel to Equal Rights Private Interest in Practices with ARPA $ $ What to Consider Legislation? Community Asset Milestone Public Contracts 4 7 9 The 12Municipality | July16 2021 19 22 28 1 Is there a company that insures only cities and villages? Oh yes, dear Why LWMMI, of course For 33 years, the League of Wisconsin Municipalities Insurance Program has responded to the coverage needs of local cities and villages, saving them substantial amounts of money in the process Protecting The Communities We Live In. 608.833.9595 | www.LWMMI.org A Mutual Company Owned by Member Cities and Villages. TheMunicipality The Municipality Official Monthly Publication of the League of Wisconsin Municipalities Volume 116, No 7, July 2021 July | 2021 Editorial Offices 131 W. Wilson St., Suite 505, Madison, WI 53703 Dial (608) 267-2380 Feature Fax: (608) 267-0645 e-mail: [email protected] The American Funding Sewer TID Closure: Website: www.lwm-info.org Rescue Plan Investing Stop and and Water Saving Options and Act: Pitfalls in the The Municipality serves as the medium of Stare Projects with $ What to and Best Future exchange of ideas and information on municipal ARPA $ Consider affairs for the officials of Wisconsin cities Practices and villages. Nothing included herein is to be construed as having the endorsement of the League unless so specifically stated. The 3 4 7 9 12 14 Municipality (ISSN 0027-3597) is published monthly at $25 per year ($5.00 per copy, back issues $5.00 each) by the League of Wisconsin From New Whatever Municipalities, 131 W. Wilson St. Suite 505, Concrete Gen Z Now Wisconsin Happened to Equal Rights A Time for Madison, WI 53703. Periodical postage paid at Channel to Entering the ADA Dark Store Milestone De-escalation Madison & additional offices, WI. POSTMASTER: Community Workforce Coordinators Legislation? Send address change to: The Municipality, Asset Association 131 W. Wilson St. Suite 505, Madison, WI 53703 OFFICERS 16 19 22 23 25 26 President, Todd Schmidt, Administrator, Village of Waunakee 1st Vice President, Justin Nickels, Mayor, Manitowoc Legal 2nd Vice President, Maureen Murphy, Administrator, Mount Pleasant Past President: Zach Vruwink, Rhinelander Ethics and Conflicts of Interest Part 2: Legal Legal DIRECTORS Private Interest in FAQ Caption Emily Berge, Council Member, Eau Claire Public Contracts Steve Genisot, Mayor, Marinette James Grigg, Mayor, Horicon 28 31 31 Danny Helgerson, Mayor, Westby Chantia Lewis, Alder, Milwaukee Emily McFarland, Mayor, Watertown Randy Meyer, Mayor, Sheboygan Falls News/Updates/Training Mary Motiff, Mayor, Washburn Mark Rohloff, City Manager, Oshkosh Tomika Vukovic, Alder, Glendale 2021 Upcoming In Anissa Welch, Mayor, Milton Events & Transitions Transition Yee Leng Xiong, Trustee, Weston Workshops STAFF Executive Director: Jerry Deschane Deputy Director: Curt Witynski 34 35 36 Government Affairs Director: Toni Herkert Legal Counsel: Claire Silverman Assistant Legal Counsel: Maria Davis On the Cover Member Engagement/Communications Director: Gail Sumi Member Services Director: Elizabeth Yanke (Kazda) Thanks to Tyler Wychesit for the cover photo. Tyler says: “I grew up in Sheboygan, I frequently like to go out on the town and find places that Director of Marketing & Administration: Robin Powers would otherwise go unnoticed as a means to show Sheboygan from a different perspective. This glass artwork at City Green across from Event Manager: Carrie Jensen the Mead Public Library really caught my eye. Sheboygan has a lot of Staff Accountant: Tracy Kern really beautiful spots that you sometimes just have to look for!” Administrative Assistant: Sandy Scott P.E.A.R.L., which stands for Prism, Emitting, Abstracted, Radiant, Sarah Schwefel’s daughter and son Light was created by artist and architect Michael Moore and his enjoy what they call “The palace.” architecture firm, tres birds workshop https://tresbirds.com/ Sarah is the Communications Specialist and Mayor’s Assistant for the City of Sheboygan. 1 REVITALIZING NEIGHBORHOODS WISCONSIN HOUSING AND ECONOMIC DEVELOPMENT AUTHORITY www.wheda.com 2 The Municipality | July 2021 Feature Stop and Stare Jerry Deschane, Executive Director, League of Wisconsin Municipalities This issue of The Municipality is going to sit on my desk for a Take the time to stop and stare at your city or village. That while. That sphere is COOL! I was just in Sheboygan, talking new library, a piece of public art, or even a freshly-resurfaced with new Mayor Ryan Sorenson. “Ryan, why didn’t you take side street. Appreciate the work that’s been done, the people me to the library to see that thing? I mean, yeah, housing who had to come together to make it happen, and the hurdles is important, council relations matter, and discussions with that had to be overcome. neighbors are terrific. But the ball by the library…” Stop and stare at that part of town you’re not happy with – Okay, you caught me. I’m a stop-and-stare sort of person. too many police calls, too many potholes, too little economic When something unique pops into view, I pause a while. activity. What could it be? Who else besides you wants it to A few years ago in downtown Milwaukee, I came across a become something? Maybe the first step in the right direction statue honoring mail carriers. That’s not something you see is asking a neighborhood leader to stop and stare with you. every day. So I stopped and stared at it for a while. This year, Change begins with an idea. Ideas come from unexpected my hometown gave me the honor of speaking at a Memorial places. Slow down. Stop and stare. Day dedication of a new veteran’s memorial. The memorial is definitely stare-worthy. There’s something about seeing your father’s name carved in granite that demands pondering. You can register now for the League’s 123rd Annual Conference! October 20-22, 2021 at the KI Center in Green Bay Can’t make it to the in-person conference? You can register separately and join us for the Bonus Preconference sessions via Zoom October 12-14. https://lwm-info.org/731/Annual-Conference The League appreciates the support of the following Business Partners: • AARP Wisconsin • incrediblebank • WEA Trust • American Fidelity • Municipal Property • Weld, Riley, S.C • American Transmission Co. Insurance Company • Wisconsin Housing & • Boardman & Clark LLP • Ruekert & Mielke, Inc. Economic Development • Ehlers Associates • SEH Authority (WHEDA) • GRAEF • Stafford Rosenbaum LLP • Zerology For more information, contact Robin Powers: [email protected] | (608) 267-2383 The Municipality | July 2021 3 Feature The American Rescue Plan Act: Pitfalls and Best Practices Brad Elmer, Managing Director, Baker Tilly Municipal Advisors The American Rescue Plan Act of 2021 (ARPA) will deliver Pitfall: Expenditure Restraint $350 billion for eligible state, local, territorial, and tribal The receipt and expenditure of FRF funds has the potential governments to respond to the COVID-19 emergency. to impact municipalities that are eligible to file for the state For Wisconsin municipalities, this represents an amazing of Wisconsin’s Expenditure Restraint Program (ERP). This opportunity to aid the recovery from COVID-19 and to program requires municipalities to restrict the percentage make a lasting impact. This article examines best practices increase of their general fund’s budgeted expenditures year to and potential pitfalls associated with receiving, spending, and year. FRF funding, if it were received and expended through tracking the American Rescue Plan funding. a municipality’s general fund, would represent an expenditure By now you likely know that the ARPA’s Fiscal Recovery increase that could jeopardize this portion of state aid. Funds (FRF) can be used to support public health Best Practice: How to avoid the expenditure restraint pitfall: expenditures, address negative economic impacts caused by COVID-19, replace revenue, provide premium pay for • Amend your budget to create a separate FRF grant fund essential workers, and/or invest in water, sewer, and broadband (special revenue fund) outside of the general fund infrastructure. These eligible uses offer great flexibility for • Set up accounts and track spending outside of the general communities who will face tough choices about how to use the fund funding. As your community creates an ARPA strategy keep the following pitfalls and best practices in mind. Pitfall: Duplicated Efforts Pitfall: Levy Limits With ARPA funding going to cities, towns, villages, tribes, territories, counties, and states with the same eligible uses, A potential pitfall that Wisconsin municipalities face as they the potential exists for duplicated efforts. A lesson learned consider the use of their FRF funds relates to the state of from the Coronavirus Aid, Relief, and Economic Security Wisconsin’s municipal levy limits. In Wisconsin, municipalities (CARES) Act funding, highlights the importance of regional are subject to a state law that limits increases to their levy to collaboration. In some communities that received CARES Act the percentage of net new construction in the preceding year. funding, overlapping programs attempting to serve the same The starting point for the levy limit calculation is the prior need were created and led to confusion, underuse of funding, year’s actual property tax levy. If a municipality were to use its increased administrative burden, and lost opportunity. FRF funding on expenses that they would typically fund with their property tax levy, it could result in a reduced property tax Best Practice: Embrace collaboration levy. The reduced levy would then be the starting point in the subsequent year for the municipality’s levy limit calculation. • Reach out to surrounding communities to discuss how they The effect would be a permanently reduced levy limit that intend to use FRF funding could impact the municipality’s ability to maintain the level of • Co nnect with your regional economic development service in the community.
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