TheMunicipality

Your Voice Your Wisconsin.

December | 2020 GARBAGE

Wisconsin Municipalities Wisconsin’s Solid Garbage Collection DNR Update on Can Provide High-Speed Trees Support Enforcing Seasonal Waste Management and Recycling Recycling Internet — Some Mental Health “This Is Not My Weight Limitation History – A Timeline FAQs in Wisconsin Already Have… During COVID-19 Beautiful House…” Ordinances

4 8 9The Municipality13 | December 202017 20 23 1 CYBER LIABILITY? DON’T WORRY, YOU’RE COVERED.

Insured by LWMMI? You are automatically covered to Policy Limits with no deductible - including the investigation on how the breach occurred, notifi cation to people affected and defense of potential claims.

If your municipality is not insured by the LWMMI you may be “phishing” for trouble and left to “phlounder” on your own. With LWMMI Insurance you have the peace of mind to run your City or Village the way you want to and Don’t Worry, You’re Covered!

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 115, No 12, December 2020 December | 2020

Editorial Offices 131 W. Wilson St., Suite 505, Madison, WI 53703 Dial (608) 267-2380 Feature Fax: (608) 267-0645 e-mail: [email protected] Website: www.lwm-info.org Wisconsin’s Solid Waste DNR Update Voters Approve Your Turn Management History – on Recycling Municipal Levy Limit The Municipality serves as the medium of exchange of ideas and information on municipal A Timeline in Wisconsin Referendums affairs for the officials of Wisconsin cities and villages. Nothing included herein is to be construed as having the endorsement of the League unless so specifically stated. The 3 4 9 11 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 Wisconsin State Shorting Municipalities, 131 W. Wilson St. Suite 505, Municipalities Can Trees Support Cities for Costs of Madison, WI 53703. Periodical postage paid at Provide High-Speed Mental Health Providing Services Madison & additional offices, WI. POSTMASTER: Internet — Some During COVID-19 to its Facilities Send address change to: The Municipality, Already Have… 131 W. Wilson St. Suite 505, Madison, WI 53703 12 13 17 OFFICERS President, Todd Schmidt, Administrator, Village of Waunakee 1st Vice President, Justin Nickels, Legal Mayor, Manitowoc 2nd Vice President, Maureen Murphy, Administrator, Mount Pleasant Enforcing Coaching Past President: Zach Vruwink, Rhinelander Garbage “This Is Not When a Governing Seasonal Weight Employees Collection and My Beautiful Body Wants to Limitation to Better Recycling FAQs House…” Change Its Mind DIRECTORS Ordinances Performance Emily Berge, Council Member, Eau Claire Steve Genisot, Mayor, Marinette James Grigg, Mayor, Horicon 8 20 23 26 28 Danny Helgerson, Mayor, Westby Chantia Lewis, Alder, Milwaukee Emily McFarland, Mayor, Watertown News/Updates/Training Randy Meyer, Mayor, Sheboygan Falls Mary Motiff, Mayor, Washburn Mark Rohloff, City Manager, Oshkosh Tomika Vukovic, Alder, Glendale Board President, Transitions Anissa Welch, Mayor, Milton Todd Schmidt Yee Leng Xiong, Trustee, Weston STAFF 32 32 Executive Director: Jerry Deschane Deputy Director: Curt Witynski Legal Counsel: Claire Silverman Assistant Legal Counsel: Maria Davis On the Cover Member Engagement/Communications Director: Gail Sumi Director of Marketing & Administration: The city of Sheboygan transitioned from a manual recycling Robin Powers and garbage collection system to a new, automated cart-based Event Manager: Carrie Jensen collection system on May 4, 2020. The Department of Public Works delivered over 37,000 garbage and recycling carts to our residents Project Manager: Elizabeth Kazda in April. As a result of the conversion, preliminary data has shown Staff Accountant: Tracy Kern a 13% increase in recycling with 112 new tons. This represents an Administrative Assistant: Sandy Scott increase of four pounds per household. The city was awarded a 2020 DNR Recycling Excellence Awards in the Projects and Initiatives category. Pictured on the cover is John Burkard operating one of the city’s seven new automated side-loading trucks. 1 TOGETHER WE BUILD WISCONSIN

WISCONSIN HOUSING AND ECONOMIC DEVELOPMENT AUTHORITY www.wheda.com

2 The Municipality | December 2020 Feature

Your Turn Jerry Deschane, Executive Director, League of Wisconsin Municipalities

The League takes pride in focusing The Municipality magazine November is an important leadership transition month; on practical information. It’s a stewardship that we take very obviously for our nation, but also for the League. Each year, seriously. After all, for more than 120 years, this has been one-quarter of the League’s board of directors turns over. I’d where municipal elected and appointed officials have looked like to thank the four board members who are leaving us after for the nuts and bolts of governing. I like to think of it as the their term, including Shorewood Trustee (and League Past- Popular Mechanics of municipal governing. Each month we President) Tammy Bockhorst, South Milwaukee Mayor Erik focus on a specific element of local government operation. Brooks, Janesville City Manager Mark Freitag, and Richfield This month it’s garbage and recycling; next month it will Administrator Jim Healy. Each of you brought new ideas and be first-responders, followed by economic development in a unique perspective on local government to the League; our February and so on throughout the year. organization is better because of your work. Thank you. We’re always looking for ways to do that job even better. We will miss them, but we’re also excited to welcome four Starting this month, we’re going to ask you to help us with new League board members. In an unusual turn of fate, all our monthly task. We want stories about local leadership. four additions to the board this year are mayors. The new Inspired by new League President Todd Schmidt of group is dominated by mayors from smaller Wisconsin Waunakee, The Municipality now provides space for regular municipalities, including Jim Grigg of Horicon, Danny stories on the important topic of leadership. Helgerson from Westby, Randy Meyer of Sheboygan Falls, and Mary Motiff of Washburn. While they all carry the President Schmidt’s column on page 32 explains how we’re “mayor” title, they bring a variety of views from communities seeking stories that highlight the best in local leadership; throughout the state and will add to the good group of stories that are based on humility and service. Todd firmly directors who represent your interests. Enjoy the transition of believes (and I’m with him 100%) that the most important the seasons, mask up and stay safe from COVID, and send us leadership trait is humility. His goal, during his year as League your leadership stories! Happy holidays. president, is to demonstrate how humble, servant-based leadership leads to the best outcomes.

As we go to print - the Legislative Audit Bureau (LAB) released its report on state recycling programs administered by the Department of Natural Resources (DNR) and the Department of Agriculture, Trade and Consumer Protection (DATCP). A companion report details recommended best practices for local recycling programs in Wisconsin. Details here: https://legis.wisconsin.gov/lab/audit-reports/reports-by-year/

The League appreciates the support of the following Business Members:

• AARP Wisconsin • incrediblebank • WEA Trust • American Fidelity • MSA Professional • Weld, Riley, S.C • American Transmission Co. Services Inc. • Wisconsin Housing & • Boardman & Clark LLP • Municipal Property Economic Development • Ehlers Associates Insurance Company Authority (WHEDA) • GRAEF • SEH • Zerology • Stafford Rosenbaum LLP

For more information, contact Robin Powers: [email protected] | (608) 267-2383

The Municipality | December 2020 3 Feature

Wisconsin’s Solid Waste Management History – A Timeline

LATE EARLY 1800s 1900s EARLY TO LATE TO THE MID TO THE THE IN 1800s 1900s 1950s 1960s 1967

Waste, which included mostly Rural areas continued to mainly In this era, the first sanitary The beginning of modern, The Wisconsin Legislature manure, coal ash, and plant rely on individual on-site landfills were developed. engineered disposal of solid directed the Wisconsin waste, generally was managed disposal with some development Landfills were designed for waste began in Wisconsin and Department of Resource on site. In urban areas, waste of town dumps. In urban areas, nuisance (rats and odor) nationally with the enactment of Development, a predecessor was thrown into waterways and/ most municipalities established control, with daily soil cover the Federal Solid Waste Disposal of the Wisconsin Department or disposed of through open programs to collect and and trenching to divert runoff. Act of 1965, which created the of Natural Resources (DNR), to burning, causing complaints manage waste, either through Groundwater protection was not Federal Office of Solid Waste develop “minimum standards about odor, air, and water municipally run programs a prime design criteria. Landfills (today the Environmental for the location, design pollution. To address the health or contracts with private were excavated holes without Protection Agency (EPA)). construction, sanitation, threats and nuisance conditions sector businesses known liners or containment. Most operation, and maintenance of created by these practices, as scavenging companies. Wisconsin municipalities had solid waste disposal sites,” and municipal officials in many The onset of the industrial a landfill and most towns also authorized the Department to cities instituted programs to revolution increased the need maintained a dump. Combined, license facilities meeting the collect waste for transport to for municipalities to properly they numbered in the thousands requirements. The DNR enacted disposal sites away from urban manage the waste stream, as statewide. With municipal regulations which went into populations, improving both the manufacturing waste often government leading the way, effect in 1969. health and quality of urban life. contained heavy metals, waste collection technologies The disposal sites today would solvents, and other dangerous and practices improved be considered dumps, open pits contaminants. In addition to throughout this era, increasing on land considered worthless improving collection, many efficiency and reducing costs at the time, such as wetlands or municipalities also instituted for taxpayers. abandoned quarries. sewage and water systems to improve public health. Some communities utilized incineration to reduce waste volumes and generate power.

Wisconsin Historical Society, WHS 62518.

4 The Municipality | December 2020 Feature

Patrick Walsh, Professor Emeritus, Department of Biological Systems Engineering, University of Wisconsin-Madison/Extension

Phil O’Leary, Professor, Engineering Professional Development, College of Engineering, University of Wisconsin-Madison

THE THE THE IN THE 1970s 1980s 1990s 2000s

For new landfills, the 1970s saw the The 1980s saw the development of large, The Wisconsin legislature also enacted In the 21st century, Wisconsin waste is addition of provisions relating to regional public (mostly county) and private statewide recycling regulations, requiring now managed in large, regional landfills, management of landfill gas and leachate engineered landfills, which utilized sites municipalities to collect a variety of with about 30 statewide. Landfill liner (contaminated water from the landfill), as with impermeable clay soils and leachate materials (paper, glass, metals) to keep technology has evolved to include well as the establishment of a permitting collection systems to protect groundwater them out of landfills. Yard waste was composite liners, synthetic liners designed structure involving a feasibility and quality. Siting of these facilities was also banned from landfilling. In response to complement clay. New landfill designs plan of operation review. During this contentious and expensive. New landfills to the state recycling law, Wisconsin include a bioreactor concept in which waste time, Congress enacted the Resource also needed a long-term care plan to municipalities again led the way in is allowed to degrade faster while still Conservation and Recovery Act (RCRA), protect groundwater quality after the site developing new technology and practices protecting groundwater quality. Methane which divided wastes into hazardous and closed. In 1984, the Outagamie county for cost-effective collection. The use generated during waste decomposition is solid waste categories. Municipalities landfill became the first state landfill to of collection bins replaced garbage collected and combusted, often for energy continued to provide and improve collect and combust landfill gas (methane) cans and new trucks with bin handlers production. Most Wisconsin landfills are collection, with some upgrading municipal for energy production. Economies of scale were deployed. These changes involved expanding upward to maximize use of landfills to meet the new criteria, with in landfill design and operation made these significant political effort and investment available land and avoid contentious new others closing local sites due to the costs large sites the most cost-effective disposal by Wisconsin municipalities. siting battles. of upgrading. option for many municipalities. Around the 1970s, with landfilling At this time Wisconsin still had about 1,000 becoming more expensive and siting more licensed landfills, with many town sites difficult, Wisconsin municipalities became allowed to operate by the DNR unless there Modern landfills are technical marvels, but it is the national leaders in developing methods was an indication of groundwater pollution, municipal collection, waste diversion, and recycling for reducing the quantity of wastes that since the sites were very small and usually programs that ensure landfill space is used most went to landfills. For example, in 1968 remotely located. About the same time Madison began the nation’s first newspaper many Wisconsin towns and municipalities efficiently. The changes implemented over the past recycling curbside collection program. began experimenting with recycling 100+ years ensure that Wisconsin municipalities The cities of La Crosse and Madison also programs. These programs provided the operate solid waste systems that are safe, protect built refuse derived fuel plants, at which experience needed to later implement the environment, and provide a high service level municipal solid waste was shredded and recycling statewide. at a reasonable cost. combusted for energy production.

▶ p.6 The Municipality | December 2020 5 Feature

About the Authors: Patrick Walsh, Professor Emeritus, Department of Biological Phil O’Leary, Professor, Engineering Professional Systems Engineering, University of Wisconsin-Madison/ Development, College of Engineering, University of Extension is an attorney and engineer. Patrick worked with Wisconsin-Madison is an agricultural and environmental local offi cials and businesses for almost 30 years on waste issues engineer who, after working at the Wisconsin DNR and as as an energy and environmental specialist with the University an engineering consultant, led UW-Madison’s continuing of Wisconsin Cooperative Extension. Contact Patrick at engineering education programs regarding waste handling/ [email protected] disposal and groundwater quality for many years. Contact Phil at [email protected]

Green Tier Legacy Communities Innovate Waste Management*

With 28 members, Green Tier Legacy Fitchburg (Population 30,170) Communities (GTLC), administered by City Hall E-Cycling/Battery Recycling – The city the WIDNR, is a network of Wisconsin continues to collect inkjet cartridges, cell phones, hearing local government leaders helping each other aids, and eyeglasses for recycling and reuse. (Existing build sustainable and resilient communities. battery collection was discontinued in mid-2019 due to Celebrating 10 years of impact, the League of Wisconsin safety concerns.) Cell phones and smart phones are sent Municipalities was one of the original signers of the to Cell Phones for Soldiers, a nonprofi t organization that organizing charter. recycles the cell phones and smart phones to generate funding to provide free communications to service men, Since the beginning of the charter, the League has women, and veterans. partnered with the WIDNR and NGOs to provide advice and organizational support for participating local Wauwatosa (Population 48,376) governments. Interested? https://greentiercommunities.org/ The city piloted its fi rst composting operation in cooperation with Compost Crusader and Blue Ribbon Egg Harbor (Population 202) Organics. Approximately 200 households participated in Created a compost site at the Village Recycling Center. diverting 36,000 pounds of compostable material from Developed compost pick-up/drop-off program for the landfi ll in the second half of 2019. businesses fi rst and provided educational program for business managers. Compiled list of compostable Eau Claire (Population 68,866) material collection volunteers; possibly pick-up from Facilitated the “Pack it up, Pass it on” project with local schools. Receive compost material through 2020, UW-Eau Claire to support the move out of students in available for pick-up by village residents when ready. an environmentally healthy and safe way. Gradually introduce carbon and nitrogen material drop-off to residents. Bayfield (Population 477) The Annual Bayfi eld Dumpster Day allows locals to dispose of larger items that need to be recycled or reused. This is a free service to everyone located in the city and allows the city to dispose of items that could potentially end up polluting tributary streams and Lake Superior if not disposed of properly. For the last couple of years, ReSource, the community thrift store, has been invited to salvage and repurpose items. They have been successful in

garnering enough items to fi ll two trailers. *Gleaned from 2019 GTLC Annual Reports https://dnr.wisconsin.gov/ (Search Green Tier Legacy Communities)

6 The Municipality | December 2020 The Municipality | December 2020 7 Legal

Garbage Collection and Recycling FAQs Curt Witynski, JD, Deputy Executive Director, League of Wisconsin Municipalities

1. Must municipalities provide garbage collection services? program against challenges based on lack of authority and No. While cities and villages have traditionally and equal protection arguments. Similarly, the Court of Appeals historically provided garbage collection services to their upheld the City of Racine’s decision to not provide solid waste residents, Wisconsin municipalities are not required by law pickup for buildings containing five or more dwelling units. to do so and indeed many, mainly small, communities do not Carpenter v. Commissioner of Public Works of the City of Racine.2 provide such a service. While large communities tend to use For a more detailed discussion of these cases, see League legal their own employees and equipment to collect solid waste, opinion Ordinances & Resolutions #438. many medium and small communities contract with private 4. How can communities pay for garbage and recycling haulers for such services. collection services? The cost of a garbage and/or recycling 2. What about recycling? Must communities collect collection program may be paid for out of a community’s recyclables? Yes. Every city and village is required to general fund or by charging a fee against the property administer their own recycling collection program or contract served. Wisconsin Stat. § 66.0627 authorizes a municipality with another local government (also known as a responsible to charge for various “current services” including “garbage unit under the recycling law) to manage the recycling program and refuse disposal” and “recycling.” within the community. Wisconsin Stat. § 287.09. 5. When a community shifts from paying for garbage 3. May a municipality provide garbage collection services for collection services through the property tax to a fee, is some classes of property but not others? Yes. Wis. Stat. there an impact on the community’s levy limit? Yes. If a § 66.0405 expressly provides that “cities, villages, and towns municipality adopts a new fee or a fee increase for garbage may remove… garbage and rubbish from such classes of collection services which were partly or wholly funded in places in the city, village, or town as the board or council 2013 by property taxes, the municipality must reduce its directs.” The statute further states that “Districts may be levy limit by the amount of revenue from the new fee or created and removal provided for certain districts only, and fee increase. See Wisconsin Stat. § 66.0602(2m)(b). Note, different regulations may be applied to each removal district that this requirement does not apply to recycling fees. The or class of property.” This statute has been interpreted by the Department of Revenue (DOR), which oversees municipal Wisconsin Court of Appeals to provide municipalities with compliance with the levy limit law, interprets the term substantial discretion in creating classifications for garbage “garbage collection” in Wisconsin Stat. § 66.0602(2m) (b), pickup. For example, in Rubin v. City of Wauwatosa,1 the court to not include recycling. Therefore, if a community adopts a of appeals upheld the city’s garbage program, which in 1983 new recycling fee or increases an existing recycling fee, there involved picking up garbage from residential and commercial is no requirement that it reduce its levy limit by the amount of properties, but not industrial. Also, the city used its general recycling fee revenue it collects. fund to pay for residential garbage service and charged Curt Witynski is the League’s Deputy Executive Director. commercial properties a fee for the service. The city also Contact Curt at [email protected] charged residential properties special charges to pick up large items like appliances. The court upheld all aspects of the city’s Sanitation 30

1. 116 Wis. 2d 305, 342 N.W.2d 451 (Ct. App. 1983). 2. 115 Wis. 2d 211, 339 N.W.2d 608 (Ct. App. 1983).

8 The Municipality | December 2020 Feature

DNR Update on Recycling in Wisconsin Amy Dubruiel, Waste Management Specialist and Jennifer Semrau, Waste Reduction and Diversion Coordinator, DNR Waste and Materials Management Program

Wisconsin’s recycling law turned 30 this year, and the Required materials collected by responsible units anniversary provides an excellent opportunity to reflect on the (2009-2018) history, successes, and challenges of recycling. 450 State law bans certain materials from disposal in landfills and 400 incinerators, provides partial funding for municipal recycling 350 programs through the state recycling grant, and establishes how

s 300 recycling is provided to residents. Local units of government, n called responsible units, are charged with implementing 250 municipal recycling programs. A responsible unit, or RU 200 for short, can be a municipality, county, tribe, solid waste 150 management system, or another unit of local government. t o of Thousands 100 Currently, there are approximately 1,070 responsible units in Wisconsin. The total number of responsible units can change 50 as communities form intergovernmental agreements or dissolve 0 existing agreements and establish their own responsible units. 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 Year Over the last five years, the number of RUs has increased due Steel (tin)/bimetal containers All other paper Glass containers to dissolution of several multi-member agreements. Aluminum containers Old corrugated cardboard (OCC) Plastic containers #1-7 The Wisconsin Department of Natural Resources’ publication, Basic Requirements for RU Programs (WA-1593), details the The total amount of materials reported by RUs has remained six basic components each RU must have, including the consistent over the last 10 years (see above). submittal of an annual report to the DNR. RUs must ensure Though the amount of materials recycled in the state has recycling services are provided to their residents and report on remained steady, recycling is not without its challenges. collected aluminum, steel/bi-metal, glass and plastic (#1 and Infrastructure upgrades and rising processing costs along #2) containers, paper, and cardboard. An RU may voluntarily with shifts in recycling markets are some of the reasons RUs collect and report other landfill-banned materials, such as evaluate operation costs. In their applications for their state electronics, tires, or yard waste. Recycling grant awards are recycling grants, RUs anticipated spending a total of almost made annually to RUs for residential recycling and yard waste $139 million on recycling in 2020. program costs that are necessary for planning and operating an effective recycling program. The annual funding amount of the state recycling grant is set by the legislature in the biennial budget. Currently, the partial Materials Recovery Facilities, or MRFs, that process the funding amount is $20 million, or almost 15% of the current materials collected from RUs and businesses also report anticipated cost. annually to the DNR. Currently, there are around 40 MRFs certified to operate in the state. Information gathered from Many MRFs and RUs have returned to a “back to basics” RUs and MRFs provides valuable insight into the state of approach to recycling where they limit what they accept recycling in Wisconsin. to required landfill-banned materials. MRFs and RUs are combating contamination in the recycling stream, so processed In 2018, RUs reported collecting over 420,000 tons of recyclables are more attractive to end markets. household recyclables. Residential mixed paper (188,627 tons) followed by glass containers (94,835 tons), and corrugated cardboard (67,593 tons) accounted for most of the weight. ▶ p.10

The Municipality | December 2020 9 Feature

The Central Wisconsin Recycling Collective and the an especially important end market for recycled corrugated Recycling Partnership are two examples of organizations that cardboard and mixed paper. have developed anti-contamination resources. The DNR’s How Data reported by MRFs reveals that approximately half a to Recycle and e-Cycle in Wisconsin (WA-1907) publication also million tons of plastics have been recycled over the past 12 addresses what materials do not belong in the recycling bin. years in Wisconsin. Markets for #1 and #2 plastics continue to The benefi ts of recycling continue despite the challenges. be steady, making them the second most valuable commodity RUs provide a valued service to their residents, and RUs and after aluminum. The plastic HDPE natural, or #2 plastic milk their residents provide essential feedstock to manufacturers jugs, are especially valuable due to the versatility of the plastic around the state and beyond who would otherwise need to during the manufacturing process. source virgin materials. The paper industry in Wisconsin is ▶ p.11

Coming Soon from the DNR

The DNR is currently conducting In addition, a 2021-2022 waste management compliance a waste characterization study calendar for Wisconsin municipalities is in production at landfi lls around the state, to and will be mailed to municipalities and made available better understand what ends up in for order. The calendar will provide an overview of landfi lls. The results will be used to important waste reporting deadlines, common DNR guide waste reduction and minimization efforts. The fi nal licenses or approvals for municipalities, and outreach report will be published in spring 2021. resources available for different waste topics.

Community Insurance Corporation provides DISCOVER THE liability, workers’ compensation and property COMMUNITY insurance coverage for cities, towns villages ADVANTAGE and school districts. We offer broad coverage, designed specifically to meet the needs of Wisconsin public entities under ONE single liability policy form.

COVERAGES VALUE-ADDED SERVICES » General Liability » Broad-range risk management » Automobile Liability and loss control services, including » Public Officials Errors & on-site training Omissions » Online safety training » Property » Community Insurance Care Line - » Workers’ Compensation 24/7 nurse triage service for work- LOCAL GOVERNMENTS ARE » Cyber Liability related injuries THE FOUNDATION OF OUR

COMMUNITIES. To learn more, please contact Josh Dirkse, Aegis Corporation, WE’LL HELP MAKE THEM STRONGER. 1.800.236.6885 or [email protected]

10 The Municipality | December 2020 Feature

The DNR continues to work with stakeholders to identify challenges and ensure the recycling law is implemented. The DNR’s responsible unit recycling programs web page provides resources, such as a sample ordinance, free outreach materials on recycling, electronics recycling and composting, and information on managing RU recycling program costs. Contact recycling staff by emailing DNRRecycling@wisconsin. gov. Subscribe to the DNR’s Recycling Updates email River Falls Municipal Utilities (City of River Falls) held its fifth newsletter. Annual Electronics Recycling Event on Oct. 17, 2020, in conjunction with American Public Power Association’s Public Power Week. A About the Authors: team from Recycle Technologies, Inc., based in Minneapolis, MN, and Milwaukee, WI, worked nonstop for four hours and filled three Amy Dubruiel is a waste management specialist with the semis and two large cargo trucks. This year’s event included a DNR Waste and Materials Management Program. Her prescription drug drop-off organized by the City of River Falls responsibilities include program outreach as well as work on Police Department. the solid waste team. Recycling also diverts materials that would otherwise end Jennifer Semrau is the waste reduction and diversion up in landfills. According to the EPA, by recycling instead coordinator with the DNR Waste and Materials Management of landfilling the 67,593 tons of cardboard collected from Program. Prior to joining the DNR, Jennifer worked for Wisconsinites in 2018, the equivalent in greenhouse gas Winnebago County’s recycling program for 17 years. She also emissions from burning around 25 million gallons of gasoline serves on the Board of Directors for the Associated Recyclers was saved. of Wisconsin and Product Stewardship Institute.

Voters Approve Municipal Levy Limit Referendums

• On November 3, 2020, 12 levy limit increase in the levy for enhanced EMS services. City referendums were conducted by of Beaver Dam voters approved a 4.3% levy increase 10 cities and villages. Of the 12 ($487,000 ongoing) to hire six new fire department municipal referendums, five failed personnel. and seven passed. • City of Delafield voters approved a 4% increase in • The Village of Arena submitted three levy limit questions the levy ($257,000 ongoing) to maintain existing to the voters. One sought an increase for full-time EMT service levels for police, fire, EMS, public works, and staff. The purpose of the second referendum was for administrative services. street maintenance and capital equipment. The third was • Village of Maple Bluff voters passed a 34% levy increase for employee wage and benefit increases. All three failed. to accomplish the following: reinstatement of one police • The Village of Pulaski sought a 27% levy increase officer and one fire officer, adding one police officer, for the purpose of hiring a village administrator, establishing competitive wage rates for administration, making infrastructure improvements, and various park fire and public works personnel, recuperating loss of improvements. The referendum failed. transportation aid and adequately funding health, education, and retirement liabilities. • City of Racine voters rejected a 6.5% levy increase to help pay health insurance costs for retired city Finally, the villages of Darien, Sharon, and Walworth employees. passed levy increases necessary to help fund the establishment and maintenance of a third-party contract • Turning to communities that passed levy limit for providing full-time paramedic level EMS services for all referendums, City of Elkhorn voters approved a 28% of the participating jurisdictions.

The Municipality | December 2020 11 Feature

State Shorting Cities for Costs of Providing Services to its Facilities

Cities are experiencing the largest gap on record between the costs they incur to provide services to state facilities and the reimbursement they get from the state.

The shortfall is partly due to significantly higher costs for services like fire protection, police, and waste removal over the last decade. State leaders have also decreased funding for a program intended to reimburse these costs, which are otherwise borne by local property taxpayers.

The Municipal Services Payments (MSP) program paid municipalities about $18.6 million in 2019, only 34.7% of what they were eligible to receive. This share — the smallest on record The COVID-19 crisis poses fiscal challenges to governments - resulted in a total funding gap of more than $35 million at all levels. Residents in these communities may need to for local governments last year. understand and accept some level of higher property taxes This trend toward a widening funding gap began under the in exchange for the economic benefit of housing state last budget signed by former Gov. Jim Doyle, accelerated properties. Still, state officials may wish to consider this during the next eight years under former Gov. Scott Walker. trend as they seek to balance competing funding priorities It continued in the current state budget signed by Gov. in the next state budget. Tony Evers, which froze funding for the program even as This information is a service of the Wisconsin Policy Forum, costs for services increased. the state’s leading resource for nonpartisan state and local government research and civic education. Learn more at Overall, 361 municipalities received a payment of some kind wispolicyforum.org from the program in 2019. On a per-capita basis, three of the top four payment recipients are small municipalities: the city of Mauston and village of Camp Douglas in Juneau County, and town of La Pointe in Ashland County.

12 The Municipality | December 2020 Feature

Wisconsin Municipalities Can Provide High-Speed Internet — Some Already Have…

Peter Cameron, Managing Editor, The Badger Project

If they won’t do it, you can. optic cables. Now its utility delivers internet at the lightspeed of a gigabit – 1,000 megabytes per second for downloading When private internet providers refuse to extend their fiber and 1,000 megabytes per second for uploading. lines or upgrade their current systems, municipalities in Wisconsin can – and have – provided high-speed internet to The federal government defines broadband as an internet families and businesses by building their own infrastructure. speed of 25 megabits per second of download speed and 3 megabits per second of upload speed. Internet service in small town and rural Wisconsin can be bad. More than 40% of rural residents lack access to high- What’s the price in Reedsburg? About $50 per month per speed internet, according to the Public Service Commission subscriber. And the utility has been successful enough that it of Wisconsin. Nationally, about 31% of rural households lack continues to expand its system, according to Brett Schuppner, access. Actual percentages might even be higher due to poor the utility’s general manager. FCC mapping, experts say. “The city of Waupaca, with a population of about 6,000, also The Wisconsin state government has done relatively little to provides internet to more than 300 business and residential help. From 2014 to 2019, the state funded about $20 million accounts in underserved areas,” said Josh Werner, the city’s in grants for expansion of broadband, an amount experts IT & Community Media Director. The city offers wireless say is less than negligible, for the expensive work of burying internet without data caps, an annoyance familiar to many fiber optic cable. In a similar time period, Minnesota shelled rural subscribers. The speeds Waupaca provides are much out more than $108 million in broadband expansion grants, slower than the gigabit service in Reedsburg, but faster than according to Eric Lightner, a spokesman for the Minnesota the sluggish DSL the private companies mostly offer. Department of Employment and Economic Development. But those communities are unusual in Wisconsin. Because That’s more than five times greater than Wisconsin’s they own the infrastructure and provide the internet service, investment. “Now, about 16% of rural households in they have to do all the things a giant company like AT&T or Minnesota lack access to high-speed internet,” Lightner said. Centurylink does: run a billing department, staff a customer Compare that to Wisconsin’s 40%. service call center, and send out “cable guys” to hook up customers and fix problems. Adding more urgency to the issue is the coronavirus pandemic, which has forced many to work and study from home 100% of Many municipalities are understandably reluctant to take on the time. that financial risk and additional work. If that’s the case where you live, your municipal government can do what Richland “This has become five times more important Center and Sun Prairie did: build their own high-speed now than it was before,” said Barry Orton, infrastructure, and then sell it – covering all their outstanding a telecommunications professor emeritus at debt on the system – to a private company to manage, UW-Madison, “and it was really important maintain, and expand. Both now enjoy much faster service. before.” The municipal route isn’t always that successful. Starting in Municipalities – those hoping to attract and retain businesses 2007, the city of Shawano built a large system that provided and residents as well as raise the overall quality of life – can do broadband internet, phone, and cable TV service, at a something about it. whopping cost of $8.5 million. “When the city tried to unload The Municipal Level the system in 2013, the highest bid came in at $1.25 million,” said Brian Knapp, general manager of Shawano Municipal The city of Reedsburg entered the digital fray in the late Utilities. “The village of Jackson spent about $3 million to 1990s, making the costly investment to bury a network of fiber ▶ p.14 The Municipality | December 2020 13 Feature

build its broadband infrastructure in 2004,” said John Walther, of building a city-wide system, she noted, the government the village administrator. They just sold it for $365,000. went well beyond the three-year minimum in analyzing costs and benefits. The city ultimately scrapped the plan, which was But even if a municipality doesn’t cover its debt in a sale, the estimated to cost more than $170 million. investment can still bear fruit, often at a much lower price than Shawano’s perhaps-too-ambitious system. Antigo spent about But other experts, such as Orton, say the legislation is a gift to $2.7 to build a broadband-only network – no TV or phone private companies enjoying a lack of competition, which can – and will receive a total of $1.6 million from a local phone use the feasibility report and their own deep pockets to attack company leasing it before the transfer in ownership in 2030, the plan in the community and at public hearings. according to Kaye Matucheski, the city’s finance director. “Forcing a public hearing based on the economics spelled out Sounds like another losing proposition. Except that the city in the statute gives opponents all they need for a taxpayer scare which had a turtle – dial up – before it got involved, now has campaign that would force any proponent to cave,” Orton said. a cheetah – gigabit service. Shawano residents, despite the big “When Sun Prairie considered expanding its broadband hit their government took, also have access to gigabit service network to the entire city, local providers like Frontier and now. “Jackson’s internet quality has improved as well, and now Charter campaigned against it,” said Rick Wicklund, the city’s has the potential for gigabit service,” Walther said. utility manager. More Municipal Options “If they spent as much time investing in their network as they State law mandates that a city or village in Wisconsin do talking down about other people, they would have been complete a three-year feasibility study and hold a public money ahead,” Wicklund said with a chuckle. hearing before building its own internet infrastructure. The city backed off its plans, citing high risk. TDS bought the Anita Gallucci, a Madison-based attorney who network and expanded it. has worked extensively with municipalities on the internet issue, says this is a very low Another option is something the city of Superior is bar for local governments to clear. When considering: build the internet infrastructure, maintain Madison conducted its own feasibility study ownership, but allow private companies to use the network to

MUNICIPAL-BUILT INTERNET NETWORKS IN WISCONSIN

Date Approximate Sell Date Sell Price Buyer What Did They Do? Active Investment

$1.6 million (in lease Wittenburg, a local phone Antigo 2007 $2.7 million 2010-2030 combo of fiber and wireless payments) company

Jackson 2004 $3 million 2020 $365,000 Midwest Fiber Networks combo of fiber and wireless

Reedsburg 1998 $17 million — — — fiber gigabit internet service

Richland $650,000 (in lease Genuine Telecom, a 2001 $443,000 2021 fiber internet service Center payments) partnership of 2 cooperatives

Shawano 2007 $8.5 million 2013 $1.25 million Nsight (Brown County CLEC) fiber internet service, phone & TV

Sun Prairie 1999 $3.4 million 2017 $2.88 million TDS fiber to schools and city buildings

Waupaca 2002 $250,000 — — — fixed wireless to city and beyond

▶ p.15

14 The Municipality | December 2020 Feature

provide the service and compete against each other. The city is to find a private partner in order to receive a grant. State developing a strategic plan for the potential system, according Sen. Jeff Smith (D-Eau Claire), who has made rural to Councilman Tylor Elm. broadband a signature issue, said that provision could allow private companies to block municipal attempts at breaking a “It’s a newer model that has been successful in places like monopoly. He proposed a bill to eliminate that requirement, Idaho and Utah,” said Christopher Mitchell, director of the but the legislature ignored it. He also proposed bills and Community Broadband Networks Initiative, a Minnesota- amendments that would require all major excavation projects based think tank that helps local communities with their in the state to bury empty conduit for fiber optic cables – telecommunications networks. called a Dig Once law – and a mandate that any internet “Municipalities providing broadband are scary and motivating company installing those cables hook up every home and to companies enjoying little to no competition,” Mitchell said. business within 300 feet. The legislature ignored both of those “That can work in the town’s favor.” bills too. “Before Antigo entered the market, the city was unable to “The idea that state law forbids or at least makes it very persuade the only internet provider at the time to upgrade difficult for municipalities building their own internet its internet from dial up to the faster DSL,” said Jim Pike, infrastructures seems to have taken hold in Wisconsin, but it Antigo’s communication and technology supervisor. is false,” Gallucci said. “Some scary-sounding language in state statutes on ‘telecommunications service’ refers only to ‘voice “Threaten to do it,” Pike recommended to other communication,’ i.e., phone. It does not refer to broadband,” municipalities, “and then it’s amazing how cooperative the Gallucci said. private folks get.” And while Wisconsin has erected some arguably-minor “In Antigo’s case, the private provider quickly improved its barriers to municipal broadband, some states, like North lines to DSL after the city announced its plans to build its own Carolina, have banned municipal broadband altogether. network,” Pike noted. That hasn’t happened in Wisconsin, but the state’s dominant “I think the single greatest limit on Wisconsin’s local telecommunications company, AT&T, remains “a very governments doing more to solve the problem is a resistance powerful force in Madison,” Mitchell noted. The company from those elected leaders to get involved in something they spent more than $3 million in the past decade lobbying in are intimidated by,” Mitchell said. “Residents and businesses Madison, according to state records. have to push them if they want to have better service.” “Local companies have generally done either a very good At the State Level job or a decent job of trying to connect people,” Mitchell Much can be done in Madison to improve your internet as well. said. “The places in rural Wisconsin that are served by CenturyLink, Frontier, AT&T, those areas are probably more After budgeting only about $20 million from 2014-2019, the or less miserable. So we don’t have as much a rural broadband state legislature put aside $44 million for the broadband grant problem as we do a problem with national telephone expansion program in 2020 and 2021. companies refusing to invest in rural areas.” State grants can help large and small internet providers Given the chance to provide a comment, AT&T spokesman expand and improve service. The co-op Norvado in northern Jim Kimberly directed The Badger Project to USTelecom, a Wisconsin provides gigabit service in and around the town trade association which represents the industry. of Cable, and is installing fiber optic lines throughout much of nearby Price County. That’s a $20-25 million job that will “USTelecom members – including the companies cited – are allow delivery of superfast internet there. committed to rural broadband deployment and bringing the power and potential of connectivity to all, regardless “We would never be able to do that without the state of where they live and work,” said USTelecom spokesman (funding),” said Chad Mix, the co-op’s marketing director. Brian Weiss. “Providers invested $70 billion last year alone in Norvado has received about $1.3 million in state grants for the communications networks and work constantly to upgrade Price County project. “That’s what pushes it over the edge.” network infrastructure and expand higher speed offerings.” An increase in funding for broadband expansion is a step Frontier and Centurylink did not respond to requests for towards greater coverage, but state law requires municipalities comment. ▶ p.16

The Municipality | December 2020 15 Feature

The Future The same goes for technological advances like 5G, which experts say is far off and likely to spread to more profitable Critics such as Orton and Smith argue that the internet should urban areas first. be regulated like a public utility, with heavy oversight from the federal government on price increases, coverage, quality, and Some have high hopes for Starlink, Elon Musk’s astronomer- other issues. enraging plan for a massive fleet of satellites circling the globe and beaming internet access to anyone with a Wi-Fi device. But the federal Telecommunications Act of 1996 states that “it is the policy of the United States to preserve the vibrant and Mitchell said he remains skeptical it can work on a large scale. competitive free market that presently exists for the Internet In the meantime, those frustrated with their internet coverage and other interactive computer services, unfettered by Federal can take a more proven course. or State regulation.” “People need to demand that their elected officials actually do Over the next 10 years, the federal government’s Rural something to improve broadband,” he said. Digital Opportunity Fund says it will dole out more than $20 billion in competitive grants to telecommunications Chris Mitchell is available to municipalities for consultation. companies to help build and improve broadband in rural areas. He can be reached at [email protected]. For more “This program is promising, because it relies on competitive information on municipal and community broadband, consult bidding,” Mitchell said, “but it’s too late for municipalities Mitchell’s organization’s website at www.muninetworks.org to apply for the first round of funding. There will be another round of bidding, in 2021 or 2022, but only areas with no About the Author: service at all will be eligible,” Mitchell said. Peter Cameron is a journalist in Wisconsin. He runs the nonpartisan journalism nonprofit The Badger Project. Contact Congress and the FCC have also taken steps to improve Peter at [email protected] the federal maps which designate where service is poor or nonexistent. At present, the FCC maps are very inaccurate, according to Orton and Mitchell. Some experts are encouraged by federal changes to broadband policy, but caution it will take years to see the improvements’ full effect.

EVERY ANGLE COVERED Professional Civil, Municipal & Structural Engineering Architecture • Grant Writing • Land Development • Planning & CADD Services Phone: (608) 348-5355 ▲ Website: www.delta3eng.biz ▲ Platteville, WI

16 The Municipality | December 2020 Feature Trees Support Mental Health During COVID-19

Patricia Lindquist, Urban Forestry Communications and Education/Outreach Specialist, Wisconsin Department of Natural Resources

Photo Wisconsin DNR Urban Forestry.

The COVID-19 pandemic is taking a serious toll on our We are in dire need of new coping mechanisms. One of the mental health. Many of us are feeling lonely and isolated due best coping mechanisms that is easily overlooked is all around to social distancing. Some of us have lost our jobs, some have us – trees! Spending time in nature is a powerful way to reduce lost access to schooling, and some have lost beloved friends anxiety, depression, and mental illness. You do not need to hike and family members. for hours in the wilderness to reap these benefits. A 20-minute “dose” of nature is all that is needed to measurably reduce stress Stress, anxiety, and depression are on the rise. The numbers are levels. Every little bit helps; simply looking at trees through a truly staggering. According to the Kaiser Family Foundation, window has been shown to alleviate stress. there has been a dramatic increase in the number of people reporting symptoms of anxiety or depressive disorder during In recent years, the medical community has increasingly the pandemic. Pre-pandemic, from January to June 2019, 11% recognized the importance of trees to mental health. A of adults reported these symptoms. In recent months, these growing number of scientists have been studying and figures havemore than tripled. The weekly average for May documenting the health benefits of trees. For example, one 2020 was 34.5%; the weekly average for June was 36.5%; and study found that a 25% increase in neighborhood tree canopy the weekly average for July was 40.1%. In addition, a recent was associated with a 1-point decrease on a 5-point scale for study reported that 13.3% of adults have begun or increased depression, anxiety, and stress. Another study analyzed MRI their use of substances to cope with the stress of COVID-19; scans of the brains of urban residents who live close to a forest. and 10.7% of adults have thought of suicide in the last 30 days. These residents were found to have an amygdala structure that is associated with better capacity to cope with stress. ▶ p.18 The Municipality | December 2020 17 Feature

A sampling of additional studies has shown that: During the COVID-19 pandemic, many Wisconsin residents have been taking advantage of the mental health boost that • Visual exposure to settings with trees speeds recovery from urban nature provides. According to Park Ranger Supervisor stress, as measured by changes in blood pressure and muscle Josh Schmitt, Madison’s Park system saw a large increase in tension. use during the pandemic. “Levels of use in early spring felt like • For children diagnosed with ADHD, the effect of walking the Fourth of July,” Schmitt recalled. Park rangers have been through an urban park for 20 minutes is roughly equivalent to managing large numbers of people on trail systems, in dog the peak effects of two typical ADHD medications. parks, and on the golf course. As Schmitt stated, “people really loved the parks this year and the parks loved them right back.” • Postsurgical patients with window views of nature have shorter hospital stays, receive fewer negative evaluations It can be all too easy to take our trees for granted, but it’s in nurses’ notes, and take fewer pain meds than patients in important to remember that we need to invest in them. similar rooms with windows facing a brick wall. Maintaining a healthy, vibrant community forest requires commitment, funding, know-how, and other resources. Of course, many people throughout the centuries have intuitively Without planting and ongoing care, we will lose many of the recognized the role of nature in supporting mental health. benefits our forests provide. And many urban forests are, in Fredrick Law Olmsted, the “father” of American landscape fact, declining; we are currently losing about four million trees architecture, wrote extensively about the mental health benefits annually in U.S. urban areas. of nature in the 1800s. According to Olmsted, “the enjoyment of scenery employs the mind without fatigue and yet exercises it; We also need to ensure that everyone has equal access to nearby tranquilizes it and yet enlivens it; and thus, through the influence nature. Researchers have found that urban tree cover and green of the mind over the body gives the effect of refreshing rest and spaces are often inequitably distributed in communities. Lower reinvigoration to the whole system.” income and minority neighborhoods typically have fewer trees

▶ p.19

PUBLIC/PRIVATE PARTNERSHIPS (P3)

. Unique project delivery solutions Together, . Leverage existing assets to deliver let’s achieve the new projects GOALS of YOUR . Municipal administrator services COMMUNITY. . Municipal parks and recreation services . Professional operations management with access to full-scale operations

920.751.4200 IPR-P3.COM NEENAH WI MACHESNEY PARK IL VALPARAISO IN A MCMAHON AFFILIATE COMPANY

18 The Municipality | December 2020 Feature

than wealthier areas. Given that trees provide a wide range of economic, social, and health benefi ts (such as decreased asthma and obesity, UV protection, and reduced violence and crime, among many others), this is a major public Let’s show the world what health and social justice issue. we can do together. As we can see, the cost of funding an urban forestry program is well worth the investment. According to Day by day. Project by project. the US Forest Service, each dollar spent on community Together we’re bridging what’s possible trees is repaid between two and fi ve times in benefi ts such as cleaner air and water, lower energy bills, reduced and moving the world forward. stormwater runoff, and higher property values. And don’t forget about the fi nancial impact of the health benefi ts of trees. Kathleen Wolf, Ph.D., at the University of Washington, estimates that greater investment in community forests could result in up to $11.7 billion dollars in avoided health care costs annually. In summary, the COVID-19 pandemic is demonstrating just how important our community forests are to our mental health. As a species, our ancestors emerged from the forest to build cities. And now, during this global pandemic, we are returning to the forest to rebuild ourselves. If you would like assistance in starting or developing your community forestry program, please reach out to your local DNR urban forester: https://dnr.wisconsin.gov/topic/ urbanforests/contact. We’re here to help!

About the Author: Patricia Lindquist is the Urban Forestry Communications and Education/Outreach Specialist at the Wisconsin Department of Natural Resources. Contact Patricia at [email protected]

Building a Better World for All of Us

Engineers | Architects | Planners | Scientists Nielsen Madsen + Barber CIVIL ENGINEERS AND LAND SURVEYORS Municipal / Transportation / Land Surveying Airports / Planning / Construction Management sehinc.com/subscribe • 800.325.2055 Racine, Wisconsin ■ (262) 634-5588 ■ www.nmbsc.net

The Municipality | December 2020 19 Legal

“This Is Not My Beautiful House…” (Strategies for Dealing with Dilapidated Properties)

Nathan Bayer, Attorney, Crivello Carlson, S.C.

There is at least one in every community: the house or shop with a junk-cluttered yard, shuttered windows, and badly deteriorating siding. Sometimes the culprit is an absentee landlord. Sometimes, the problem is complicated by illness or the owner’s financial challenges. For whatever reason, incentives that compel most property owners to keep up with necessary maintenance have no discernible impact. Bringing these properties into compliance with applicable building codes can be difficult. Although it is natural to sympathize with unique challenges faced by individual owners, dilapidated properties can pose serious health and safety hazards to the larger Pretrials should be handled with a sense incentive to comply, with the forfeiture community. This article discusses tools of urgency. The enemy of progress is still being imposed if the deadline available to municipalities trying to delay. It is common for defendants to remains unmet. The owner can either reach workable solutions, including request significant additional time to spend the money to bring the property municipal citations, formal declarations complete work. However, the outdoor into compliance, or to pay the citation. of “nuisance,” and the possible construction season in Wisconsin can rehabilitation, razing or sale of a property If the defendant doesn’t appear in court, be short. Depending on how often your through a receiver. or doesn’t complete the work by the municipality holds court, even a few stipulated deadline, additional citations Wisconsin Stat. § 800.02 allows adjournments can quickly push a spring can be issued. Each day a violation municipalities to authorize building court date into fall. Soon a defendant exists technically constitutes a separate inspectors to issue citations for building is claiming no work can be done until offense. However, keep in mind that code violations. This is a good practice, the following spring. Before you know continuing to issue citations daily for as inspectors are better equipped to it, another year has gone by with no an indefinite period of time could issue citations for these violations than compliance. raise constitutional issues relating to the police department. Once a citation At the pretrial, an effective tool is imposition of excessive fines. is issued, the defendant’s appearance in to reach an agreement where the municipal court affords an opportunity If citations produce no results, a defendant pleads no contest, but the to gain compliance. If possible, having municipality may, pursuant to Wis. Stat. forfeiture payment deadline is set within the inspector appear for the pretrial § 823.21 and Wisconsin Stat. § 66.0413, a reasonable time period that allows allows a full and candid discussion of the ask a circuit court to declare a property repair work to be completed. If work is issues, and the inspector can address any a “public nuisance.” Wisconsin Stat. § complete and approved by that date, the technical questions from the property 823.21 addresses “dilapidated buildings” forfeiture can be reduced or dismissed on owner. that may be declared “public nuisances”: court costs. This provides the owner an ▶ p.21 20 The Municipality | December 2020 FeatureLegal

Dilapidated buildings declared powers or duties involving inspection of served upon the owner of record or the nuisances. Any building which, under real or personal property…” It also covers owner’s agent if the agent is in charge § 66.0413 (1) (b) 1., has been declared “a local health officer… or… designee.” of the building and upon the holder of so old, dilapidated or out of repair as any encumbrance of record under sub. Health and fire department to be dangerous, unsafe, unsanitary or (1)(d).2 representatives should participate in otherwise unfit for human habitation or any inspection. If a property is deemed The owner has 20 days to respond. has been determined to be unreasonable unfit for human habitation, resources Then a formal hearing is held, at which to repair under § 66.0413 (1) (b) 1. is a are immediately available to deal with the court will take testimony and other public nuisance and may be proceeded human safety threats. Preparing for evidence from witnesses per Wisconsin against under this chapter. the unexpected is the best approach. In Stat. § 66.0413(2)(c)1. If a “nuisance” is Wisconsin Stat. § 66.0413 more executing these warrants, inspectors have found, the court then has the following specifically defines “public nuisance”: encountered everything from raccoons to options, including appointment of a bees to toxic mold to exposed wires, and receiver: ‘Public Nuisance’ means a building everything in between. that, as a result of vandalism or any If the circuit court… determines other reason, has deteriorated or is Wisconsin Stat. § 66.0413(2)(b) allows a that the building constitutes a public dilapidated or blighted to the extent building inspector to declare a property nuisance, the court shall issue promptly that windows, doors or other openings, a “nuisance,” and then give the owner an order directing the owner of the plumbing or heating fixtures, or written notice that they have 30 days to building to remedy the defect and to facilities or appurtenances of the abate that nuisance. If an owner fails to make such repairs and alterations as building are damaged, destroyed comply, the statute dictates as follows: may be required. The court shall set or removed so that the building a reasonable period of time in which (c) Failure to remedy; court order to remedy offends the aesthetic character of the the defect shall be remedied and the or raze. If an owner fails to remedy immediate neighborhood and produces repairs or alternations completed… or improve the defect in accordance blight or deterioration. The order of the circuit court shall with the written notice under par. (b) state in the alternative that if the order First, an inspection will be needed to within the 30-days specified in the of the court is not complied with gather evidence to support any nuisance written notice, the building inspector within the time fixed by the court, declaration. If a property owner is or other designated official shall apply the court will appoint a receiver or uncooperative, obtaining an inspection to the circuit court of the county in authorize the building inspector or warrant under Wisconsin Stat. § 66.0119 which the building is located for an other designated officer to proceed to is prudent.1 The “inspection purposes” order determining that the building raze the building…3 that a warrant can be applied for include constitutes a public nuisance. As part the need to evaluate compliance with of the application for the order from A municipality can also apply for “building, housing, electrical, plumbing, the circuit court, the building inspector appointment of a receiver under heating, gas, fire, health, safety, or other designated officer shall file a Wisconsin Stat. § 823.23. At least 60 environmental pollution, water quality, verified petition which recites the giving days before filing that application, it waterways, use of water, food,” and of written notice, the defect in the must give written notice by 1st class “zoning” standards. It can be issued to building, the owner’s failure to comply mail to all owners of the property of any municipal “employee charged under with the notice and other pertinent “the intent to file the application.” The statute or municipal ordinance with facts. A copy of the petition shall be notice must identify “conditions of the ▶ p.22

Resource: Single Family Housing Repair Loans & Grants in Wisconsin by USDA Rural Development

What does this program do? Also known as the Section 504 Home Repair program, the program provides loans to very- low-income homeowners to repair, improve, or modernize their homes, or grants to elderly very-low-income homeowners to remove health and safety hazards. https://www.rd.usda.gov/programs-services/single-family-housing-repair-loans-grants/wi

The Municipality | December 2020 21 Legal

residential property that constitute pay contractors. If the process under right circumstances, these tools allow a nuisance and that resulted in the Chapter 66 is utilized, a receiver may municipalities to protect the public from decision to apply for a receiver.”4 If even “secure and sell… to a buyer who harm from a nuisance property, in a the owner or other “interested party” demonstrates to the circuit court an manner where costs incurred by a receiver informs the court that they intend to ability and intent to rehabilitate” the to abate the nuisance will not be borne by abate the nuisance, the court may require property.7 the municipality. the posting of a “security in such an With respect to compensating the Nuisances 161 amount and character… appropriate to receiver, under Chapter 823 they “may ensure timely performance of all work charge an hourly rate approved by the About the Author: necessary to abate the nuisance…”5 If court or a rate of 20 percent of the total this does not happen, “the court shall Nathan Bayer practices at Crivello cost of the abatement, whichever the make a determination as to whether the Carlson, and is the attorney for the court considers more appropriate.”8 residential property is a nuisance,” and Village of Shorewood in Milwaukee Under Wisconsin Stat. § 66.0413(2)(e)2, “determine the extent of the abatement County. He has represented “the circuit court shall set the fees… of a necessary and the scope of work municipalities around the state in matters receiver and may discharge the receiver as necessary to eliminate the conditions and including open records compliance, the court considers appropriate.” The fee shall appoint a receiver to complete the zoning issues, and civil rights. He is an is a lien against the property. abatement.”6 active volunteer in the Wisconsin Bar The tools available under Chapters Association’s high school mock trial Under either Chapter 66 or 823 the 66 and 823 are best utilized after all program, serving on the state steering receiver has broad powers, including collaborative efforts with the property committee and coaching in Shorewood the ability to possess and manage the owner are exhausted, and citations since 2002. Contact Nathan at property, pay taxes/assessments, collect proven ineffective. But under the [email protected] rent, and borrow against any equity to

1. Constitutional limits on § 66.0119 inspections is discussed in 3. Wisconsin Stat. § 66.0413(2)(c)1. 6. Wisconsin Stat. § 823.23(2)(g). Platteville Area Apartment Ass’n v. City of Platteville, 179 F. 4. Wisconsin Stat. § 823.23(2)(b)2. 7. Wisconsin Stat. § 66.0413(2)(d)2. 3d 574 (1999). 5. Wisconsin Stat. § 823.23(2)(f). 8. Wisconsin Stat. § 823.23(3)(c). 2. Wisconsin Stat. § 66.0413(2)(c)1.

 Executive Search/Selection public-administration.com Excellence in Engineering PAA  Interim Management [email protected] Since 1946.  Compensation Plans 262-903-9509 Madison  Fire and Emergency Services Studies 608.251.4843  Strategic Planning/Organizational Audits Milwaukee PUBLIC ADMINISTRATION ASSOCIATES, LLC www.strand.com 414.271.0771 Kevin Brunner David Bretl Christopher Swartz 3.5x1 HorzColor_Spring 2019.indd 1 4/16/2019 9:45:46 AM DESIGNING UTILITIES THAT FIT YOUR GROWING NEEDS ARCHITECTURE • PLANNING • SURVEY • 1-888-364-7272 ENVIRONMENTAL • ENGINEERING • GIS meadhunt.com

22 The Municipality | December 2020 Legal

Enforcing Seasonal Weight Limitation Ordinances Attorneys E. Joseph Kershek and Kimberly Kershek

Introduction issued the citation.5 The Superintendent On March 7, 2016, the Superintendent testified that on March 4, 2016, he observed an eighteen-wheel semi- Recently, the Wisconsin Supreme Court posted the road signs identifying the tractor and trailer stuck in a Town ditch helped clarify the right of Wisconsin temporary seasonal weight restriction partially blocking traffic. The Deputy municipalities to enforce temporary prohibiting vehicles over six tons from testified that when he responded to the seasonal weight limitation ordinances driving on designated roads.6 This was dispatcher’s call, he made contact with against trucking companies or others based upon his professional opinion the driver and was able to confirm that claiming federal law, namely the that, due to the spring thaw, excessive the driver had driven on roads in the Surface Transportation and Assistance weight of vehicles would damage Town that were clearly posted with the Act (“STAA”), specifically 49 U.S.C. certain roads.7 In addition to the road seasonal weight restrictions.The Deputy § 31114(a),1 and the related Federal signs, the Town provided notice by was also able to confirm that the truck Highway Administration (“FHWA”) posting the temporary seasonal weight weighed well over the six-ton restriction regulation, 23 C.F.R. § 658.19 (2018),2 limitation on its website and in a local just in the empty weight of the tractor- preempts state law and local ordinances newspaper.8 The Superintendent also trailer itself. The driver of the truck related to temporary seasonal weight indicated that the temporary seasonal indicated to the Deputy that he was limitations. weight limitation would not necessarily attempting to deliver some art supplies The case, Town of Delafield v. Central be at the same time each year, so it was to a residence in the Town. The Deputy Transport Kriewaldt,3 involved the common for companies to contact him further testified that he was aware of issuance of a citation by the Town of around the time the restrictions would the Town’s permitting process and that Delafield (“Town”) charging Central likely go into effect.9 The Town’s website companies also routinely contact the Transport Kriewaldt (“Central also offered information regarding the Sheriff ’s Department inquiring about Transport”) with a violation of a Town issuance of special permits, on a case such local weight restrictions.14 Central Ordinance adopting Wisconsin Stat. § by case basis, to those wishing to travel Transport called no witnesses at the time 348.17 titled “Special or Seasonal Weight on a restricted road in the Town with of the trial, primarily arguing that the Limitations.”4 a load over the prohibited six tons.10 case involved a question of law and that The Superintendent testified that he the STAA and FHWA clearly preempted Procedural History has never denied a permit request and the Town from enforcing its weight Central Transport challenged the citation provides a preferred route of travel to restrictions. claiming, among other things, that the protect the Town’s vulnerable roads.11 In a written decision, the circuit court STAA and FHWA preempt the Town’s The Superintendent also testified that it granted Central Transport’s motion ordinance and state statute. Central was common for companies to contact to dismiss the citation based upon Transport claimed that the Town’s him for information about whether the federal preemption grounds. The application of Wisconsin Stat. § 348.17(1) temporary seasonal weight limitations Circuit Court found that the intent of denied Central Transport all reasonable were in effect and whether they need to § 31114 of the STAA was to provide access to its delivery address in violation of reschedule for a time outside the seasonal “uniform standards for commercial the STAA and the related FHWA. restrictions.12 He further stated that the motor vehicles utilizing the Interstate weight limitations would only be in effect At the time of circuit court trial, the and other federal highways.”15 The for a limited duration, approximately one Town called two witnesses: the Town court found that, to accomplish this week, depending on the weather.13 Highway Superintendent and the objective, the STAA explicitly prevents Waukesha County Sheriff ’s deputy who states from enacting laws that deny ▶ p.24

The Municipality | December 2020 23 Legal

commercial vehicles “reasonable access” intent is implied in the breadth of its destination.26 The supreme court to delivery destinations. In discussing federal legislation in a particular field also held that the Town’s ordinance was the exception under § 31114(b)16 that and; (3) conflict preemption – where based upon a well-founded police power allows states and local governments to federal law actually conflicts with state consideration, namely the protection of impose “reasonable restrictions based law.22 Central Transport first argued its roads from damage during a spring upon safety considerations,” the circuit that express preemption applied in that thaw.27 The supreme court concluded court found that the Town’s desire any restriction on access must be based that the enforcement of the Town’s to protect its roadways from damage upon safety concerns and the Town’s ordinance did not conflict with and during the spring thaw did not fall weight restrictions are preempted because was not preempted by the STAA and within the safety concern exception of protecting the roads through a spring FHWA and that the Town afforded the STAA. The circuit court found that thaw is not a safety-based concern. In Central Transport reasonable access to its the Town’s permitting process ran afoul the alternative, Central Transport argued destination.28 of the primary purpose of the STAA, that conflict preemption applied because Conclusion namely “to create uniform standards for the Town ordinance and state statute commercial motor vehicles utilizing the deny reasonable access as required by the In order to avoid a preemption challenge Interstate and other Federal highways” STAA and FHWA. to the enforcement of temporary so as not to interfere with commercial seasonal weight limitation ordinances, In rejecting the express preemption transportation.17 Thereafter, the Town local municipalities must ensure argument, the supreme court found appealed the circuit court decision to the that reasonable access is granted to that nothing in the exception in 49 court of appeals. contractors, subcontractors, trucking U.S.C. § 31114 (b) indicates that local companies, and others operating In reversing the trial court, the court of restrictions regarding access must be overweight vehicles seeking access to appeals18 held that Central Transport based solely on safety considerations, their respective destinations during was not denied reasonable access but rather local municipalities must the time of restriction. Notice of the to its destination in the Town. The only provide reasonable access.23 In restrictions is important, by posting court reasoned that the Town’s weight rejecting Central Transport’s conflict of the signs themselves, notice on the restrictions are only in effect for a short preemption argument, the supreme court municipal website, and notice in the local period of time during the spring thaw.19 looked to the specific facts of the case paper. Permit notice and the issuance of In addition, Central Transport could and determined that reasonable access temporary special permits delineating have attained a permit from the Town was available to Central Transport.24 the specific route for the vehicle provide Superintendent, which would have The supreme court highlighted the an effective way to grant reasonable allowed it to travel on a predetermined following testimony elicited at trial: access. Local sheriff ’s departments route.20 The appellate court felt that the Town provided adequate notice by should also be informed of the it was not unreasonably burdensome posting the signs, posting notice on temporary seasonal weight limitations for Central Transport “to develop an its website and publishing notice in and the necessary contact person within awareness of the Town’s seasonal weight a local newspaper; the Town offered the municipality, with whom reasonable restrictions”21 as a cost of doing business. permits allowing overweight vehicles access can be discussed. Central Transport then petitioned the to drive on designated restricted roads; Wisconsin Supreme Court for review. the Superintendent had never denied Traffic Regulation 432 a request for a permit; and many In affirming the appellate court, the companies would call the Town to About the Authors: Wisconsin Supreme Court analyzed inquire about the temporary seasonal and dismissed Central Transport’s E. Joseph Kershek, Marquette 1979, weight limitations.25 The supreme court federal preemption arguments. The recently retired from the practice of law. found that temporary seasonal weight supreme court first reiterated the three Prior to his retirement he was engaged restrictions were normal, that calls to areas of federal preemption, namely: 1) in the private practice at Kershek Law local highway departments and sheriff express preemption – where Congress Offices located in Greenfield, Wisconsin, offices were commonplace and that specifically sets forth its preemptive which included, acting as the municipal Central Transport could have obtained purpose in the text of the law itself; (2) prosecutor for the City of Brookfield, a permit and preferred route to reach field preemption – where preemptive Town of Delafield, Town of Lisbon, and

▶ p.25 24 The Municipality | December 2020 Legal

Village of Chenequa. Contact Joe at practice of law with offices located in the prosecuting attorney for the Town [email protected] Greenfield, Wisconsin. She is the current of Delafield in the Central Transport municipal prosecutor for the Town of Kriewaldt case. Contact Kimberly at Kimberly Kershek, William Mitchell Delafield, Town of Lisbon, and Village [email protected] 2009, is currently engaged in the private of Chenequa. Kimberly Kershek was

1. 49 U.S.C. § 31114(a) of the Surface Transportation Act provide 4. Wisconsin Stat. § 348.17(1) titled “Special or Seasonal Weight 16. 49 U.S.C. § 31114(b) of the Surface Transportation Act as follows: Limitations” reads as follows: provides as follows: No person…shall operate a vehicle in violation of a special (b) Exception. — Access to the Interstate System weight limitation imposed by state or local authorities on This section does not prevent a State or local government (a) Prohibition on Denying Access. — A State may not enact particular highways, highway structures or portions of from imposing reasonable restrictions, based on safety or enforce a law denying to a commercial motor vehicle highways when signs have been erected as required by s. considerations, on a truck tractor-semitrailer combination subject to this subchapter or subchapter I of this chapter 349.16(2) giving notice of such weight limitations, except in which the semitrailer has a length of not more than reasonable access between — when the vehicle is being operated under permit expressly 28.5 feet and that generally operates as part of a vehicle authorizing such weight limitations to be exceeded…. combination described in section 31111(c) of this title. (1) the Dwight D. Eisenhower System of Interstate and Defense Highways (except a segment exempted 5. See supra, note 1, ¶ 25. 17. See supra, note 5, at 1036. under section 31111(f) or 31113(e) of this title) and other 6. See supra, note 1, ¶ 26. 18. Town of Delafield v. Central Transport Kriewaldt, 2019 WI qualifying Federal-aid Primary System highways 7. Id. App 35, 388 Wis. 2d 179, 932 N.W.2d 423. designated by the Secretary of Transportation; and 8. Id. 19. See supra, note 8, ¶ 20. (2) terminals, facilities for food, fuel, repairs, and rest, 9. See supra, note 1, ¶ 27. 20. Id. and points of loading and unloading for household 10. Id. 21. See supra, note 8, ¶ 13. goods carriers, motor carriers of passengers, any 22. See supra, note 1, ¶ 7. tow away trailer transporter combination (as defined 11. Id. in section 31111(a)), or any truck tractor-semitrailer 12. Id. 23. See supra, note 1, ¶ 17. combination in which the semitrailer has a length of 13. Id. 24. See supra, note 1, ¶ 24-7. not more than 28.5 feet and that generally operates 14. Id. 25. See supra, note 1, ¶ 26-7. as part of a vehicle combination described in section 15. Quoting Aux Sable Liquid Prods., 526 Fed.3d 1028,1036 (7th 26. See supra, note 1, ¶ 28-9. 31111(c) of this title. Cir 2008). 27. See supra, note 1, ¶ 29. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 999; Pub. L. 28. See supra, note 1, ¶ 31. 114–94, div. A, title V, § 5523(c)(2), Dec. 4, 2015, 129 Stat. 1560.) 2. Regulation 23 C.F.R. § 658.19 (2018) of the Federal Highway Administration provides as follows: “No State may enact or enforce any law denying access within 1 road-mile from the National Network using the most reasonable and practicable route available except for specific safety reasons on individual routes.” 3. Town of Delafield v. Central Transport Kriewaldt, 2020 WI 61, 944 N.W.2d 819.

The Municipality | December 2020 25 OD OF O TH G E E O H R

T

D

E R

R

O F

For the Good of the Order

Legal

FOR THE GOOD OF THE ORDER

When a Governing Body Wants to Change Its Mind Daniel Foth, JD, Local Government Specialist, Local Government Center, UW-Madison, Division of Extension

After a lousy shot, some golfers wish to same motion (or subject matter) again to reconsider to also be made at the next take a “mulligan” that allows one to hit at the same meeting.2 However, suppose meeting. another ball in hopes of a better result. after the body decides a motion, a Suppose the body is discussing a motion (Others avoid a mulligan, not wanting member realizes that newly available but votes to Lay it on the Table due to a to lose two golf balls on the same hole.) facts require changing the acted upon more pressing matter. Later in the same Likewise, a governing body or committee motion. A motion to Reconsider is a meeting, a member wants to take up the (collectively, “body”) may wish to take common remedy. For example, the body tabled motion. If no other business is on a mulligan on some action it has taken. decided to purchase a new computer the floor, the member moves to Take the Can a body redo a previous action? for the treasurer’s office. Later during (tabled motion) From the Table. This the meeting, the treasurer reminds the Robert’s Rules of Order, Newly Revised, motion is NOT debatable or amendable. body s/he asked for two computers for 12th Edition (RONR)1 provides four Thus, the body must vote after the chair the treasurer’s office. When the floor Motions That Bring a Question Again hears a second and repeats the motion. is available, the member can seek the Before the Assembly, sometimes known If approved, the body then considers the chair’s recognition and say: “I move as “bring-back motions.” RONR formerly tabled motion. to reconsider the approved motion to provides four ways for a body to change purchase one computer for the treasurer’s For subsequent meetings, to undo or its mind: 1) motion to Take From the office (perhaps noting the oversight). change a previously acted upon motion, Table, 2) motion to Reconsider, 3) I was a member of the majority voting the motion to Rescind or Amend motion to Rescind, or 4) motion to in favor of this motion.” The individual Something Previously Adopted are used. Amend Something Previously Adopted. making the motion must have been part A motion to Reconsider is not timely These motions share common of the majority that voted in favor of or unless it is at the same meeting or the requirements. Each applies to a against the original motion. Making the next meeting if the governing body has previously decided original motion and motion to Reconsider takes precedence modified the rule. Also, remember that requires a second. When made, seconded, over everything else when made. Once all agenda items must be properly noticed and passed, the approval brings the passed, the original motion starts anew under the Open Meetings Law. When original motion back for discussion and on the floor, allowing for an amendment the body reaches that part of the agenda, action. Finally, each motion requires a to purchase two computers. Under the motion asks the body to either majority vote to pass. RONR, a motion to Reconsider can rescind the entire motion or amend a part only occur during the same meeting, of it. Unlike a motion to reconsider, any Generally, once a body acts on a motion, is debatable but is not subject to member can move to amend or rescind. RONR prohibits the individual who amendment. Many local governments If passed, the original motion is undone made the motion from bringing the have modified the rule to allow a motion or amended accordingly. However,

▶ p.27

26 The Municipality | December 2020 Legal

suppose the original motion’s subject Finally, RONR acknowledges Renewal, Since RONR has no rules about renewal item has vested rights (a signed contract which allows the maker of a failed at a subsequent meeting, some bodies for example) or is already partially or motion to bring the same motion (or adopt local rules prohibiting, limiting, or fully completed (and cannot be changed). subject matter) to the body at its next stating conditions for renewing motions. In that case, the body cannot rescind or meeting.3 The prohibition against The best practice is to consider a motion amend the motion. bringing a failed motion back before the carefully while realizing RONR has tools body ends with the original meeting. for taking a second look.

1. Robert’s Rules of Order, Newly Revised In Brief, 3rd Ed. pp. 2. RONR, pp. 326-327. 3. Robert’s Rules of Order, Newly Revised In Brief, 3rd Ed. p. 62. 57-62; RONR pp. 283-319.

The League’s Handbook for Wisconsin Municipal Officials You can order it here: http://www.lwm-info.org/763/Order-Handbooks-Annual-Publications

Building Communities. It’s what we do.

Financial Management Planning

Economic Development & Redevelopment

Debt Planning & Issuance

Investments & Treasury Management

Arbitrage Consulting

Paying Agent Services

Continuing Disclosures

[email protected] (800) 552-1171 ehlers-inc.com

The information provided in these materials does not create or imply a fiduciary relationship. It is solely for the purposes of marketing our services to you. Ehlers is the joint marketing name for all its aliated businesses. Please visit www.ehlers-inc.com/disclosures for more information.

The Municipality | December 2020 27 Legal

Coaching Employees to Better Performance

Lisa Bergersen, Principal Attorney at EngageHR Law, Former HR Director, City of Pewaukee

Many studies show that the employee- also schedule regular time with their should not sound critical, but should manager relationship is important to staff members. Weekly check-ins are be genuinely helpful, directed at the employee satisfaction and retention. In ideal, but if that is not possible, then employee’s actions and not at the one study, 93% of employees stated that at least monthly. These meetings serve employee personally. trust with their manager is essential to as regular checkpoints on projects, their satisfaction at work.1 training, needed improvements, and Asking the employee for permission to employee development. give feedback sets a helpful tone, using A key to developing trust with phrases like, “I’d like to give you some employees is managing their 2. Successful coaching is honest and feedback on the project you completed performance well. It is one of the most specific. Many managers find it for me yesterday, is that OK with you?” difficult responsibilities that supervisors easier to praise and compliment If the employee says no, ask when you have, yet when done correctly, staff than to provide an honest and can schedule time to discuss it. This is performance management is a significant accurate assessment of performance. another way managers can convey that factor in development of a positive But it often frustrates these same they care and value staff. work environment, increased employee managers when negative performance engagement, and improved performance or behaviors do not change. Giving 4. Managers must listen. A great tool to and service. This article explores five best honest feedback, even when it points increase the effectiveness of feedback practices for coaching staff. to needed improvement, is actually is to actually listen to employees beneficial for employees, and when during the conversation. That means 1. Feedback should be ongoing and delivered appropriately, employees are listening intently to understand what timely. Annual performance appraisals often grateful for it. Honest feedback they are saying in response to the are becoming obsolete as more research clarifies the specific behavior managers feedback and showing interest in their and studies confirm that once-a-year want more of and behaviors that need perspectives and ideas through silence assessments are not effective, while to be eliminated or improved. and body language. Listening evokes regular feedback throughout the year many positives, including employees is.2 One reason annual reviews are 3. Delivery should be kind and who feel heard, and managers who not helpful is that many managers respectful. Even the most difficult learn something new. Employees will wait until then to provide feedback, feedback can be delivered and received disengage from the conversation when and sometimes that feedback pertains well if managers have a sincere desire they detect that their manager is not to an incident, event, or project that to see staff succeed. When managers’ listening. occurred almost a year prior. It is very hearts are in the right place, they difficult for employees to relate to convey feedback in a tone that makes 5. Make the feedback productive. Great performance that occurred so long ago. that clear, allowing a productive coaches ask questions, encourage Good managers give effective feedback conversation around improved collaboration, seek employee opinions as close to the event as possible. They performance. Constructive feedback and ideas, and foster a solutions-based approach to problems and issues.

▶ p.29 28 The Municipality | December 2020 Legal

Good managers ask employees what Conclusion is effective and accomplishes what it is they will do differently when mistakes supposed to achieve. Great coaching increases positive are made or things go wrong. Rather behavior, and improves the work Employees 368 than criticize and belittle, they help environment, engagement, satisfaction, employees identify what went wrong, and performance. It serves as a win/win as and brainstorm how to prevent the organization provides better service to a reoccurrence. They ensure that constituents and employees become better employees establish goals, measures, versions of their “work self.” and deadlines. And fi nally, they properly equip staff, making certain Many managers lack the ability to coach employees have the tools, equipment, effectively. Training them to do it the training, time, and support they right way may require a signifi cant need. This all requires managers to shift in the organization’s priorities, be intentional about coaching and to but it is worth the time and expense to establish a plan for each staff member. ensure that performance management

1. Surprising Drivers of Employee Experience, Center for Generational Kinetics - 2. More Harm Than Good: The Truth About Performance Reviews, Sutton & Wigert, Gallup https://www.businesswire.com/news/home/20171204005134/en/New-National-Study- (05/06/2019) Conducted-by-Ultimate-Software-Reveals-Need-for-Greater-Focus-on-Manager-Employee- (https://www.gallup.com/workplace/249332/harm-good-truth-performance-reviews.aspx) Relationships

Frequently Questions Asked

Did you know? The published Legal FAQs are taken directly from the extensive library of resources on the League’s website. Have a question? Try the search function on the website and get an answer. http://www.lwm-info.org

television, parking on streets is prohibited or limited in all or Streets & Alleys FAQ 7 designated areas. What is a snow emergency ordinance and how does it work? Although parking restrictions must generally be posted on the street where effective, there are statutory exceptions. Section Many Wisconsin cities and villages have adopted snow 349.13(1e)(c)2 provides that signs informing motorists that emergency ordinances pursuant to the specifi c authority 24-hour parking limitations, night parking regulations (e.g., granted to them for snow emergency parking regulation between midnight and 7 a.m.), or snow emergency regulations in Wisconsin Stat. § 349.13(1e)(c)2. These ordinances are in effect may be posted at the corporate limits. This typically authorize the police chief or public works director authority is also broad enough to cover signing of calendar or to determine when there is a snow emergency and to contact alternate-side parking during winter. (rev. 11/20) the media. Upon declaration of a snow emergency on radio or

▶ p.30

The Municipality | December 2020 29 Legal

Financial Procedure FAQ 3 When must a municipal budget be amended and what is the procedure Providing full service from project beginning to completion for doing so? Architecture | Civil Engineering | Mechanical, Electrical & Plumbing A municipality must amend its budget Engineering | Landscape Design | Structural Engineering | Survey any time the amounts of appropriations stated in the budget change or if the purpose for which the money will be used changes. A two-thirds vote of the entire membership of the governing body is required to amend a budget, and the municipality must publish a Class 1 notice of the amendment within 15 days

after amending the budget. Wisconsin City of Madison - Paterson St Operation Ctr Stat. § 65.90(5)(a). (rev. 11/20)

Appointments & Vacancies FAQ 6 Can a minor (i.e., someone who has not reached the age of 18 years) be appointed to a municipal committee or commission?

Yes. Nothing in state law prohibits

minors from being appointed to serve of Hales Corners - DPW Bldg Village on municipal committees, boards, or commissions. A person must be a resident elector of the municipality to be eligible for election to a municipal offi ce and only persons 18 years of age or older qualify as electors. See Wisconsin Stat. §§ 61.19 (villages), 62.09(2) (cities), and 6.02 (qualifi cations for electors). However, no similar eligibility requirements apply to persons serving in appointive municipal offi ces. (rev. 11/20) Bldg City of Franklin - Sewer & Water [email protected]

30 The Municipality | December 2020 Legal

Legal Captions Employees 368 and recycling services; and whether there is an impact on a HR Matters column article, by Attorney Lisa Bergersen, municipality’s levy limit if the community shifts from paying highlighting the importance of the employee-manager for garbage collection or recycling services through the relationship and its impact on employee satisfaction and property tax to a fee. retention, and providing best practice tips for coaching Traffic Regulation 432 employees to better performance. The federal Surface Transportation and Assistance Act’s Nuisances 161 provision governing access to System of Interstate and Attorney Nathan Bayer, Crivello Carlson, provides an Defense highways did not preempt state law prohibiting overview of tools for dealing with dilapidated properties operating a vehicle in violation of seasonal or special weight including municipal citations, formal declarations of limitations (Wisconsin Stat. § 348.17) or town’s citing of “nuisance,” and the possible rehabilitation, razing, or sale of a tractor-trailer driver for driving on town road in excess of property through a receiver. town’s seasonal weight restriction where driver had reasonable access to its destination through readily available permit Sanitation 30 process, and weight limitation was also based on reasonably Legal note answers questions regarding garbage collection tailored and well-founded police power consideration – and recycling services including the following: whether avoiding damage to roads that were especially vulnerable municipalities must provide garbage collection and recycling during spring thaw. Town of Delafield v. Central Transport services; ability of municipalities to provide garbage Kriewaldt, 2020 WI 61, 944 N.W.2d 819. Article authored collection services for some classes of property but not others; by Attorneys E. Joseph Kershek and Kimberly Kershek. ways municipalities may cover the cost of garbage collection

FULL SERVICE IN-HOUSE • Architecture Solutions that • Wastewater Systems • Waste-to-Energy help SHAPE OUR COMMUNITIES • Water Systems • Municipal Engineering • Environment/Ecology • Water Resources • Transportation • Parks & Recreation • Land Surveying • Site Development • Geospatial Solutions • GIS Development • BIM • Structural Engineering • Industrial Engineering • Electrical/Controls • Mechanical HVAC/Plumbing • Public & Emergency We now offer Public Management and Emergency Management • Funding Strategies, Solutions Consulting through our new and Grant Assistance company, RW Management • Construction Services - A McMahon Associates Inc. Company - • Design-Build Services • Public/Private Partnerships 920 751 4200 | MCMGRP.COM • Operations Services

The Municipality | December 2020 31 News/Updates/Training

WELCOME

The League Board welcomed four new members in November representing » James Grigg, Mayor, Horicon Wisconsin’s smaller communities. As Board President Todd Schmidt said, “The » Randy Meyer, Mayor, Sheboygan Falls League Board is made up of a diverse, talented, and committed group of local leaders. With these appointments we have added additional skilled municipal » Mary Motiff, Mayor, Washburn officials who are ready and willing to advocate for those who live in our state’s » Danny Helgerson, Mayor, Westby great cities and villages.” We thank the entire board for their dedication.

CONGRATULATIONS

Oshkosh. Fire Chief Mike Stanley was honored with the National Fallen Firefighters Foundation Hero Award for his work with the homeless population in the wake of the COVID-19 pandemic, as well as his initiative to help seniors avoid falls and the injuries associated with them. In a WBAY.com interview, the chief, in accepting the honor, said the award isn’t just his as he’s had so much help along the way. He added, “I’m so, so honored to receive this award. I’m not sure I’m deserving because it’s not just my award. So many people in this community have stepped up and said we see the problem, we want to be part of the solution, and we want to make a difference.”

CONDOLENCES

Racine. Alderwoman Carrie Glenn passed away October 28. She was first elected to the Council in 2018 and reelected earlier this year. In an article in the Racine Journal Times, her husband of 31 years, Charlie Glenn recalled, “She liked to help people – anybody at any time. She was very passionate about the Fourth of July parade, very passionate about her alderman position. She always tried to do the best she could. She was an amazing, strong person.”

Have an update? Please send changes, corrections, or additions to Robin Powers at [email protected], fax (608) 267-0645 or mail to the League at 131 West Wilson Street, Suite 505, Madison, WI 53703

Board President, Todd Schmidt

Tell Me Your Story of Humility and Servant Leadership

I am honored and privileged to serve as the League and training events. My hope is that perhaps at least one President this coming year. Thank you all for this of these lessons will reach the eyes and/or ears of each opportunity. municipal elected and appointed official within our state. Someone asked me what I might like to accomplish while You won’t ever hear me claim to be perfect. I’m very far in this role. There are several key priorities in front of the from it. But I do have my own share of stories where being League today; all important, and none to be ignored. But, a humble municipal leader has demonstrated great care for for me, there’s one leadership quality that, when applied citizens and improved reputation of communities. But I’d day in and day out, and in all situations, will always result like to hear your stories and would be grateful to be able to in the best and most honorable outcomes. That trait is: share them with others. HUMILITY. Interchangeable with humility are terms like If you have a good personal story on the power of humility, servant leadership and magnanimity. please consider telling me about it. I can be reached directly What you can expect to see this year is lessons in humility at (608) 850-5227 or [email protected] presented regularly in League publications, social media,

32 The Municipality | December 2020 Feature PROTECTING YOUR PROPERTY... OUR PROMISE. OUR PRIORITY.

MPIC is a leading provider of property insurance solutions for Wisconsin public entities. Organized and founded with the support of the Wisconsin Municipal Mutual Insurance Company (WMMIC), Cities and Villages Mutual Insurance Company (CVMIC), and the League of Wisconsin Municipal Mutual Insurance Company (LWMMI), we are specialists in towns, 9701 Brader Way, Suite 301 villages, cities, counties, and special districts. Middleton, WI 53562 (715) 892-7277 | www.mpicwi.com

The Municipality | December 2020 33 Feature

HappyHappy Holiday Wishes!Wishes!

Baird’sBaird’s PublicPublic Finance team is thankful forfor ourour strong strong partnerships partnerships with with ourour clientsclients andand wishes all of you thethe mostmost joyousjoyous of of holiday holiday seasons. seasons.

BradleyBradley D.D. ViegutViegut KevinKevin M.M. MullenMullen JustinJustin A.A. FischerFischer BrianBrian C.C. RuechelRuechel RebekahRebekah L.L. FreitagFreitag EmilyEmily A.A. TimmermanTimmerman JordanJordan T.T. MasnicaMasnica

800-792-2473,800-792-2473, ext. 3827 rwbaird.com/publicfinancerwbaird.com/publicfinance

Private Wealth Management Capital Markets–Investment Banking Private Equity Asset Management Private Wealth Management Capital Markets–Investment Banking Private Equity Asset Management

©2019 Robert W. Baird & Co. Incorporated. Member SIPC. MC-377506. ©2019 Robert W. Baird & Co. Incorporated. Member SIPC. MC-377506.