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Wisconsin Towns Association Board of Directors
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74th Annual WTA Convention Sponsors 8
Appointment of Election Officials - Atty. Carol Nawrocki, Assistant
Director
10
Unit Chair Chatter - Keith Deneys Brown County 17
Special Assessments - Atty. Lara Carlson 18
ARPA Update - Jake Langenhahn, Outreach Specialist 22
Financial Handbook Order Form 25
In Towns: Inter-Municipal Agreements: The Answer to Improved
Emergency Services in Adams County
26
Vice President Lester Lewis Molitor, Taylor Co.
[email protected]
Secretary Betty Manson Plymouth, Juneau Co.
[email protected]
Executive Director Mike Koles
[email protected]
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Wisconsin Towns November 2021
Mike Koles
Town Officials & the Atlanta Braves To be clear, I’m a
Milwaukee Brewers fan through and through. I’m unhappy about the
Braves bumping the Brewers from the playoffs; however, any fan of
baseball or the human ability to adapt and overcome must tip their
hat to Braves pitcher Charlie Morton. In the second inning of the
first game of this year’s World Series, he took a rifle shot
comebacker off his leg. It came off the bat at 102mph and it broke
his fibula! Did he exit the game? No. Instead, he played through
pain and recorded the final two outs of the inning. He started the
third inning, but when he struck out the first batter on a nasty
curve ball his leg finally gave out. He was forced to exit the
game. I have been fortunate (or unfortunate depending on
perspective) to have witnessed this relentless drive to overcome
tremendous individual pain to support the team in youth sports
three times. I watched a skinny kid that had no business being a
linebacker play almost an entire half with a broken arm. He even
tried to sneak back on the field in the second half after the
diagnosis. I coached a young man, who I was frustrated with the
whole game for tackling with one arm, only to find out he broke his
arm on the opening kickoff. He knew he broke it, but didn’t want to
tell anybody “because he didn’t want to let his friends down.” And,
I witnessed this very same kid break his wrist playing second base
when a runner tried to break up a double play. Finally, after a
couple of innings of remaining on the field, he succumbed to the
pain.
The Why? What in the world prompts someone to play through broken
legs, arms, and wrists? There are likely many reasons, but having
made more trips around the sun than I’d like to admit, I’ve come to
the conclusion that the primary factor is “the why.” Each player
has reasons “why” they are on the field. Perhaps, they have a deep
desire to win. For some it could be that they have extreme pride in
doing something that few have the ability to do. Maybe, they have a
passion for being a team member? They’ll do anything for their
teammates. Astonishingly, after Charlie Morton broke his leg, he
apologized to his team for not being able to pitch longer while
injured. That’s someone I want to play with. To Unlock the
Potential of Democracy What’s your why for being a town official?
What overwhelming passion prompts you to serve your fellow
citizens? In discussing this with many of you, I consistently hear
a plethora of reasons that can be encapsulated in one phrase: “to
unlock the potential of democracy.” For all of the challenges that
our federal, state, and local governments are facing, it only takes
a brief look around the world to other systems of government to
conclude that a representative democracy provides the best
opportunity to unleash a human spirit that drives people to play
through broken bones. And, it doesn’t take long to conclude that
town officials are at the forefront
November 2021 | 5
of providing basic services that are foundational for an
individual, a family, or a business to fully realize the
opportunities provided within our system of government. Town
officials are indeed at the tip of the spear of unlocking the
potential of democracy. What if there weren’t great roads for
laborers to get to work and businesses to move product? What if
there wasn’t a fire truck to protect your home and family during a
disaster? What if there weren’t emergency medical services? Town’s
increasingly have a role in facilitating the deployment of
broadband. This is no longer an optional nice thing to have. It is
necessary for education and economic development. And, don’t forget
about elections, perhaps the most foundational element of all. I
could go on, but you get the picture. Without town officials
dedicating themselves to unlocking the potential of democracy, much
of the foundation for our state’s success cracks, erodes, and
crumbles. An Overwhelming Why? WTA recently held our Annual
Convention. There were multiple displays of the power of why that
would give even the most hardened individual goose bumps. If you
come to most any WTA event, you know we begin with the Pledge of
Allegiance. This year, I wanted to do something special and instead
begin the Monday general assembly of the Annual Convention with the
National Anthem. Our staff team heard me talk about this seemingly
without end. They knew how important this was to me. Everything was
prepared. The computer was set up and the audio tested multiple
times, including just minutes before it was to play live in front
of over 800 people. Then, when it counted, we hit play…and nothing.
Staff hurriedly unplugged
and replugged…and nothing. Disappointed, but knowing this stuff
happens, I leaned over to WTA President Jerry Derr and told him to
simply say the Pledge. But, out of nowhere someone from the crowd
starts to sing. No music, no prompting, just one brave soul with an
“overwhelming why” who starts to sing. Then another joins and
another. Within seconds, 830 people are singing the national anthem
a cappella. Goosebumps! Later that night, at the annual awards
banquet, we celebrated 136 individuals who have exhibited an
overwhelming why by serving in town government for 20+ years,
including several individuals with 50+ years of service.
We also provided eight $1,000 college/tech school scholarships to
our next generation of leaders. Normally, we provide seven. Due to
the pandemic preventing the normal fund raising strategies, we
weren’t sure we’d be able to provide more than two. But, we asked
town officials to simply donate. No raffles, no games, no chance to
win anything – just donate. Due to the generosity of town officials
and combined with our partnership with Rural Mutual Insurance and
Scott Construction, we not only
Scholarship Winners (from left to right): Aidan Stary, Andrew
Momsen, Elizabeth Volz, Samantha Anhalt, Alaina Edgar Missing:
Milena Gaworek, Jenna Johnson, Alissa Ihlenfeld
November 2021 | 6
were able to offer more than two, we offered eight - one more than
normal! This doesn’t happen without an overwhelming why. We ended
the banquet with a brand new award celebrating the overwhelming why
that drives town clerks to amazingly perform the plethora of tasks
they are responsible for, many that go unseen by the public. Within
the first weeks of the pandemic, I was personally taken aback with
the dedication and bravery they exhibited to run that “first”
election. Then and there, I made a promise to do something special
for clerks at the next convention. Little did I know, there would
be no 2020 in person convention or that we would have many more
elections. This award and a free banquet ticket was the least we
could do. WTA received 67 nominations for what we ended up coining
the Extraordinary Clerk Award. All 67 should be extremely proud to
have been nominated by their fellow town team members who wrote
about amazing dedication and passion in the nominations. A jury of
town officials reviewed the nominations and six clerks received
special recognition as the Extraordinary Clerk of the Year.
Thanksgiving This month we will all celebrate the American holiday
of Thanksgiving. As that turkey is steaming and cranberries
glowing, I will make the sign of the cross, bow my head, say a
prayer, and follow that with a moment of silence. In that silence,
you can be assured I will be giving thanks for your dedication to
unlocking the potential of democracy! Happy Thanksgiving.
Extraordinary Clerk Award Winner: Beth Hartman, Town of Riverview,
Oconto County
Extraordinary Clerk Award Winner: Clarence Frey, Town of Meteor,
Sauk County
November 2021 | 7
Extraordinary Clerk Award Winner: Jean Ketterhagen, Town of Worden,
Clark County
Extraordinary Clerk Award Winner: Marilyn Pedretti, Town of
Holland, La Crosse County
Extraordinary Clerk Award Winner: Deborah Bennett, Town of Rock,
Rock County
Extraordinary Clerk Award Winner: Joyce Huebsch, Town of
Washington, Sauk County
Game Night Prize Sponsors: Ayres Associates Town Hall Software Inc.
Gabe's Top It or Drop It Tree Service LLC
KerberRose Aring Equipment Co. General Engineering Company The
Horton Group Scott Construction Inc. Ehlers
Town Champion: Rural Mutual Insurance Co.
Scott Construction Inc.
Enbridge Energy
Association Convention
KerberRose Short Elliott Hendrickson Inc. (SEH)
Town Supporter: Lange Enterprises Inc. The Horton Group
Cedar Corporation Commercial Recreation Specialists
Town Ally: Fahrner Asphalt Sealers Inc. Dempsey Law Firm LLP
I-State Truck Center - Marshfield & Madison
Thank you!
CHOOSE CEDAR FOR...
Working with you to make YOUR town a special
place to live!
November 2021 | 10
LEGAL OPINIONS By Atty. Carol Nawrocki Assistant Director
Appointment of Election Officials It's that time again. The town
board is required to appoint election officials in December of odd-
numbered years. The appointments are made for 2 year terms.
Individuals appointed this December will begin their terms on
January 1, 2022, and complete their terms on December 31, 2023. Be
sure to review the latest version of the state statutes when
preparing to select your election officials. A review of the
highlights of the process follows. Pursuant to Wis. Stat. §
7.30(4), the town chair must nominate the election officials to the
town board no later than the board’s last regular meeting in
December. If no regular meeting has been scheduled (or this item
wasn’t on the agenda), the chair must call a special town board
meeting for the purpose of having the board consider the
nominations no later than December 31st. Within 5 days after the
appointments are made by the board, the clerk shall notify each
appointee, § 7.30(5). Within 10 days after the mailing of the
notice, the appointees must file a completed oath form (EL-154)
with the town clerk. The oath form may be found at:
https://elections.wi.gov/forms/EL-154 Be aware that the two
dominant political parties (which means the two parties that
received the most votes at the most recent election for president
or governor conducted within the town---typically the Democrats and
Republicans) have the ability to mail or submit a list of names to
the town chairperson or town clerk (or to his or her agent) from
which the nominations must be made. Wis. Stat. § 7.30(4)(b). If the
list is submitted to the clerk or an agent, the clerk shall
immediately forward the list to the chairperson. If either or both
of the parties wish to submit a list of names, the names must be
submitted by November 30th of the year of appointment. The list of
names submitted by a party must be signed by the chairperson and
secretary of the political committee, § 7.30(4)(b)2a. When a
dominant party submits a list of names, half of the appointments
must be made from that list. If the names are numbered, nominees
must be appointed in the order listed. If the names are unnumbered,
but certain ones are marked as "first-choice" nominees, those names
must be appointed first when filling the available positions for
that party. The party that received the highest number of votes is
entitled to one more inspector than the other party. If one party
fails to submit a list, the remaining appointments may be made
without regard to party affiliation. The town does not have to fill
all of the positions from the list of one party if the other party
fails to submit a list. If no lists of names are submitted, the
chairperson may come up with his or her own list of nominees. Wis.
Stat. § 7.30(4)(c). Note that a dominant political party may submit
additional names for inclusion on its list of nominations at any
time. If the additional names are submitted prior to November 30th,
they are considered part of the original list from which the
appointments must be made. If supplemental names are submitted
after November 30th, the names on the supplemental list may only be
used for the purpose of filling
November 2021 | 11
vacancies that occur amongst the election officials during their
term of office. So, for example, if a position becomes vacant after
the initial appointments are made, the vacancy must be filled from
the list of supplemental names submitted by the party if that will
maintain the partisan imbalance. Wis. Stat. § 7.30(4)(e). In order
to be “qualified” to be an election official, a person is not
required to be a town resident. However, he or she does need to be
a resident of the county in which he or she will serve. Wis. Stat.
§ 7.30(2)(a). Prior to the first election following the appointment
of the inspectors, the municipal clerk must appoint one of the
inspectors "chief election inspector". § 7.30(6)(b). The chief
inspector must attend state approved training and become certified
prior to serving as chief inspector at a polling place pursuant to
§ 7.31. The town clerk typically provides the training for the
other election inspectors who are required to attend training every
two years and must have attended training within 2 years of any
election at which they serve, § 7.315. In order to be appointed
chief election inspector, the person should be a resident of the
town, § 7.30(2)(a). But, if no election official who is a resident
of the town is trained or willing to be trained as a chief
inspector, the person so appointed does not need to be a town
resident. § 7.30(2)(a). All election officials must also be able to
read and write the English language and they must be “capable, and
be of good understanding, and may not be a candidate for any office
to be voted for at an election at which they serve”. § 7.30(2)(a).
If an appointing authority believes there is “good cause” to not
appoint someone whose name was submitted by a political party as a
first-choice nominee, they may request the Elections Commission to
authorize non-appointment. § 7.30(4)(e). The number of poll workers
assigned to each election should be established by resolution of
the town board. § 7.32. The minimum number of poll workers that may
work an election is 3, but that number can be raised to 5 or 7 (or
more if wards are combined or more than one voting machine is
used). See § 7.30(1). If no resolution has been adopted, the
default number required is 7 for each election but that number can
be reduced to 5 by the municipality if a voting machine is used. §
7.30(1)a. Keep in mind that the number of inspectors appointed to
work an election should always be an odd number. The town board may
wish to adopt a resolution establishing the minimum number and then
include language giving the clerk discretion to raise the number,
if needed. For example: “Be it hereby resolved that, pursuant to §
7.32, the minimum number of election officials required to work at
the polling place during a town election is three (3). However, the
clerk may assign additional poll workers if he/she believes they
are needed for a given election. The number of poll workers
assigned to work an election shall always be an odd number”. A
sample resolution on this topic is available in the Town Law Forms
book under § 7.32. When filling these positions, remember that the
board must also appoint a list of alternate election officials so
that adequate staffing levels can be maintained at the polling
places. § 7.30(1)(a). If sufficient names are available when the
nominations are made, make sure some people are named as alternates
who will be able to serve if the regularly scheduled election
officials are unavailable. In addition to the minimum number of
poll workers, each municipality may also appoint one additional
inspector who shall serve as a greeter who may answer questions and
direct electors to proper locations
November 2021 | 12
for registration and voting. This extra person may be appointed
without regard to party affiliation and is not counted as one of
the regular inspectors. Note that the greeter may also temporarily
substitute for an election official who must leave the room during
the voting process. § 7.30(1)(b). We are often asked if town or
village board members may be appointed as election officials. While
board members may legally serve as election officials at elections
where their names do not appear on the ballot, keep in mind that
conflicts may arise. For example, the board sets the pay for
election workers and votes on the appointments, so there would be a
conflict under § 19.59 in voting to appoint oneself. And, if
spouses of board members are being considered for appointments,
remember that they cannot work at elections where their spouse will
appear on the ballot and board members must abstain from voting on
appointing their spouses as election officials. Clerks should not
be appointed as regular election officials since clerks have a
supervisory role over the election. At an election where the clerk
does not appear on the ballot, the clerk could substitute on the
day of election in the unexpected absence of an appointed election
official. However, the preferred procedure would be to have
alternates appointed that could be called on the day of the
election to fill in, rather than having the clerk fill in.
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By Atty. Joe Ruth Legal CounselLEGAL OPINIONS
Broadband Forward! Certification With recent increases in broadband
expansion grant availability and a statewide push for broadband
access, WTA has received a number of questions in recent months
regarding Broadband Forward! certification. What is Broadband
Forward! certification? What does it take to become certified? What
are the potential advantages or disadvantages to certification?
Broadband Forward!
Under Wis. Stat. § 196.504(4), towns and villages may apply to the
Wisconsin Public Service Commission (PSC) for certification as a
Broadband Forward! community. This certification is intended to
signal to prospective service providers that a town or village has
streamlined its local permitting process for broadband
infrastructure projects. Local Ordinances To be certified by PSC as
a Broadband Forward! community, towns and villages must first adopt
an ordinance for reviewing applications and issuing permits related
to broadband projects. That ordinance must provide for the
following:
1. A single point of contact for all matters related to broadband
projects; 2. Completeness determinations within 10 days of
application submission; 3. A 60 day timeframe to approve or deny
applications and written notification with evidence supporting any
application denial; and 4. Electronic submission of all
applications, forms, documents, and signatures.
Additionally, Broadband Forward! ordinances may not do any of the
following: 1. Impose an application fee over $100; 2. Require
applicants to designate a final contractor; 3. Impose a moratorium
of any kind on the approval of applications or permits; 4.
Discriminate among broadband providers; or 5. Require service
provision or payment to the local government as a condition of
approval (other than payment of application fees).
A model Broadband Forward! ordinance is available on the PSC
website. Towns and villages that adopt an ordinance that differs
from the PSC model ordinance must submit a written statement
describing its ordinance and how its ordinance differs from the
model when applying for certification. Failure to comply with an
approved ordinance or the Broadband Forward! statutory requirements
may result in decertification by PSC.
November 2021 | 15
Potential Advantages Broadband Forward! community certification may
help to attract broadband infrastructure investment in your
community. Adopting a Broadband Forward! ordinance may reduce
permitting costs to service providers and streamline the local
permitting process. This may, in turn, attract broadband
infrastructure investment in your community relative to communities
with a more costly or burdensome permitting processes. Potential
Disadvantages Adopting a Broadband Forward! ordinance does not come
without potential disadvantages. Any reduction in permit
application cost to service providers will necessarily increase the
cost to your town or village. Broadband Forward! certification
prohibits any application fee greater than $100, requiring the town
or village to subsidize any additional application costs. This $100
fee cap will apply to all applications related to a broadband
project, including any right of way access permit applications.
Adding notification requirements, reducing allowed application
processing time, and allowing electronic application submissions
may also increase your town or village’s administrative workload
and associated costs. Conclusion Broadband Forward! ordinances
provide a mechanism for local governments to overhaul application
and permitting processes for broadband infrastructure. These
ordinances preempt any other local ordinances and procedures your
board may have adopted in an effort to reduce the administrative
burden on service providers when making broadband infrastructure
investments. The specific impact of an ordinance will vary for each
local government depending on current permitting and processes. As
such, your board should thoughtfully consider any and all potential
effects that a Broadband Forward! ordinance will have on permit
administration and weigh potential costs against potential
benefits. Note that Broadband Forward! certification is not a
requirement for Broadband Expansion Grant eligibility. If your
board decides not to adopt a Broadband Forward! ordinance, there
are still steps that you can take to streamline approvals or
otherwise be good partners in bringing broadband infrastructure
investment to your community. You could, for example, find ways to
expedite application processes or limit application costs without
adopting all of the requirements necessary for Broadband Forward!
community certification. Taking any steps to reduce application
burdens might still help to foster better public/private
partnerships and encourage investment in your community. More
information about Broadband Forward!, PSC certification
requirements, and the model Broadband Forward! ordinance can be
found on the PSC website:
https://psc.wi.gov/Pages/Programs/BroadbandForward.aspx
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By: Keith Wohlfert, Contributing Writer
What comes to mind when you think about Brown County? Perhaps it’s
the City of Green Bay or a certain historic NFL franchise. Brown
County is also home to an active and highly effective Unit of the
Wisconsin Towns Association that includes 13 individual
towns.
“It has been that way for many years – long before I joined town
government,” says Brown County Unit Chairperson Keith Deneys. “This
Unit has a history of working as a cohesive group that is informed
and involved in local and state-wide issues.” It’s even more
impressive considering the varied nature of the towns from
traditional rural to highly populated urban settings. Part of their
effectiveness comes from quickly rallying the troops on important
topics.
Keith was first elected to serve as chairperson for the Town of
Pittsfield in 2005. Soon after he was elected vice-chair for the
Brown County Unit. Later he was selected to chair the group,
following a retirement. Jim Osterloh, chair for the Town of
Eaton, is the Unit’s vice-chair. In Brown County the clerk from the
chair’s town also serves as the Unit secretary. Those duties fall
to Debbie Diederich.
The Brown County Unit meets quarterly with host duties shared by
individual towns. They average about 70 individuals attending,
including spouses and guests. County board supervisors and
officials are regular attendees. The Unit enjoys great support from
elected representatives in both state and federal government who
appreciate the open forum. Says Keith, “We appreciate the backing
of WTA, especially our District Five representatives Lee
Engelbrecht and John Piechowski.
Some towns host in their own facilities; however, most meetings are
held in a supper club. They begin with a social hour, followed with
a sit-down meal. Business meetings generally adjourn by 9:00 p.m.
Host towns provide input on the agenda. Sheriff’s officials
speaking on computer crimes was a recent topic of interest.
Of his Unit, Keith says it is a pleasure to serve with such good
and caring people. “The effective exchange of information is
something that is always great to see.”
Brown County Unit Government At a Glance
• Meetings are held quarterly • Countywide membership includes 13
towns • Meetings are hosted by individual towns on a
rotating schedule • Meetings include a social hour and a
sit-down
meal • Spouses are invited to attend • E-mail is used to quickly
share important
information and to rally the troops
Keith Deneys is the Unit chair for Brown County. Since 2005 he has
also been the chairperson for the Town of Pittsfield. Keith
believes effective communications are vital for a successful
outcome. He uses e-mail to quickly communicate important
information and to rally the troops when needed.
November 2021 | 18 April 2019 | 7
LEGAL OPINIONS By Atty. Lara Carlson Legal Counsel
Special Assessments Q. What are special assessments? A. Special
assessments are amounts local governments can levy against real
estate property, including most property that is otherwise exempt
from property taxation, to help finance public improvements or
infrastructure projects. Local governments can assess some or all
of the costs of a project to the particular properties benefitted
by the improvements. For example, special assessments may be used
to pay for the costs of road construction projects, curb and
gutter, sidewalk, sanitary sewer, streetlight, or other similar
projects. A local government can only impose a special assessment
on properties “in a limited and determinable area” that will
actually receive a special benefit from a project. See Wis. Stat. §
66.0703(1). A blanket special assessment on all properties across
an entire town or village would not be permissible. Q. What
procedures are required to properly impose a special assessment? A.
Municipalities may specially assess property under one of two
methods, either an exercise of the municipality’s taxation power or
police power. The taxing power is a local government’s general
authority to levy taxes to pay for improvements and services the
government provides. The police power refers to a local
government’s authority to take action to protect public health,
safety, and welfare. The procedures used under both methods are
largely the same, but the power used as the basis for imposing the
special assessment will affect how the benefits to each property
are calculated. We strongly recommend working with your local
attorney to ensure this complex process is completed correctly.
Under Wis. Stat. § 66.0703, prior to imposing a special assessment,
the town or village board must first adopt a preliminary resolution
declaring its intention to impose a special assessment. This
resolution must describe the purpose of the proposed special
assessment, the limits of the proposed assessment district, and the
number of installments in which the assessments may be paid. The
resolution must also assign a municipal officer or employee to
draft a report on the proposal. Sample forms for this resolution
and other documents required in this process are available in the
Wisconsin Town Law Forms. The special assessment report must
include preliminary or final plans and specifications and an
estimate of the entire cost of the proposed work or improvement. If
the town or village is relying on its taxing power to impose the
special assessment, the report must include an estimate for each
property in the proposed district, with the assessment of benefits
to be levied, the damages to be awarded for any property taken or
damaged, and the net amount of benefits over damages. In contrast,
if the town or village is relying on its police power to impose the
special assessment, these specific estimates for each property are
not required. Instead, the report must include a schedule of the
proposed assessments and a statement that the properties against
which the assessments are proposed will be benefitted by the
project.
November 2021 | 19
A copy of the report must be filed with the municipal clerk and
kept in the town’s records. After receiving the report, the clerk
must prepare a public hearing notice. The notice must state the
nature of the proposed work or improvement, the boundary lines of
the proposed assessment district (which may include a map), the
place and time at which the report may be inspected, and the place
and time a public hearing will be held regarding the proposed
special assessment. The clerk must post or publish the notice as a
class 1 notice under ch. 985. Additionally, at least 10 days prior
to the public hearing date, the clerk must mail a copy of the
notice to every “interested person,” meaning all potentially
affected property owners. The hearing must take place at least 10
and not more than 40 days after the public notice is posted or
published. After the public hearing, the town or village board may
approve, disapprove, or modify the proposal. When the board is
ready to proceed, it must adopt a final resolution directing that
the project be carried out and paid for in accordance with the
report as finally approved. The clerk must post or publish the
final resolution as a class 1 notice under ch. 985 and mail a copy
of the resolution to every interested person. Q. How do we
calculate the amount to charge each property in a special
assessment district? A. The governing body must apply a reasonable
formula to ensure that special assessments are equitably and
reasonably apportioned among the properties in a special assessment
district, based on the unique benefit received by each property in
relation to the public improvement project. Therefore, depending on
the project, dividing the total cost equally between all properties
may not be justifiable. A municipality may not assess more than the
total actual costs of a project. If the total amount levied ends up
exceeding the final cost of a project, the municipality must reduce
or refund each special assessment proportionally. Under the taxing
power, local governments must calculate the actual value of the
benefits conferred to each property in a special assessment
district. Benefits to each property are generally determined by
standard appraisal methods, calculating the benefit based on each
property’s estimated increase in value after the public improvement
project is completed. Courts have indicated that each property
should be actually viewed to demonstrate that this calculation was
made accurately. Under the police power, local governments must be
able to show evidence that each property in the special assessment
district is specially benefitted by the project and that the method
used to calculate benefits was reasonable. The actual benefits to
each parcel do not need to be determined precisely, but they must
exist and must be special to that particular property. Q. How are
special assessments collected? A. Special assessments become liens
against the property assessed. See Wis. Stat. § 66.0703(13).
Special assessments may be collected after the board adopts its
final resolution and awards a contract for the public improvement
project. The town or village board must provide for collection of
the assessments and may establish penalties for payment after a
specified due date. Any amounts not paid by the due date must be
placed on the current or next tax roll for collection. Property
owners must pay any special assessment amounts placed on the tax
roll in full by January 31 unless the town or village board adopts
an ordinance authorizing installment payments.
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REACHING OUT By Jake Langenhahn Outreach Specialist
ARPA Update
The Wisconsin Towns Association is excited to announce two new
American Rescue Plan Act (ARPA) resources for our members. Both
items can be found under the “American Rescue Plan Act” tab in the
Information Library on the WTA website. The first is an update to
the Revenue Loss Calculator. The new version of the calculator
references the account numbers from the financial report Form C/CT.
This resource should help local government determine which revenue
sources will contribute towards their general revenue calculation.
This resource was the result of a partnership between the Wisconsin
Towns Association, the League of Wisconsin Municipalities, and the
State of Wisconsin Department of Revenue. When using this
calculator, please remember that the accuracy of results is
dependent on the accuracy of the data from the Form C/CT. A careful
review of all revenue sources is still needed to have an accurate
lost revenue calculation.
The second resource is a Frequently Asked Questions (FAQ) document
to help local governments understand how they can use ARPA funds.
This FAQ document discusses each of the four allowable use
categories as well as information concerning transfers and
reporting. This FAQ document will be periodically updated as we
continue through ARPA’s program life. Local governments are still
encouraged to review the guidance that has been released by the
U.S. Department of the Treasury (Treasury).
The WTA office has received several ARPA related questions in
relation to transferring funds and/or providing loans and grants to
nonprofits and small businesses. This article will review what the
Treasury has released thus far on these matters.
Q. Can local governments use ARPA funds to aid small businesses and
nonprofits through loans and grants? A. Yes, local governments may
use ARPA funds to aid businesses and nonprofits. The Treasury has
provided several examples of eligible uses in the Interim Final
Rule, such as:
• Loans or grants to mitigate financial hardship such as declines
in revenues or impacts of periods of business closure, for example
by supporting payroll and benefits costs, costs to retain
employees, mortgage, rent, or utilities costs, and other operating
costs.
• Loans, grants, or in-kind assistance to implement COVID-19
prevention or mitigation tactics, such as physical plant changes to
enable social distancing, enhanced cleaning efforts, barriers, or
partitions, or COVID-19 vaccination, testing, or contact tracing
programs.
• Technical assistance, counseling, or other services to assist
with business planning needs. Q. How does the federal government
define “small business” and “nonprofit”?
A. Local governments should be mindful of how the federal
government defines these two terms in the ARPA Interim Final
Rule.
• Nonprofit – A nonprofit organization that is exempt from Federal
income taxation that is described in section 501(c)(3) of the
Internal Revenue Code
• Small Business – A business concern or organization that:
November 2021 | 23
o 1) Has no more than 500 employees, or if applicable, the size
standard in number of employees established by the Administrator of
the Small Business Administration for the industry in which the
business concern or organization operates, and
o 2) Is a small business concern as defined in section 3 of the
Small Business Act (15 U.S. 632)
Q. Can local governments transfer their ARPA funds to other
organizations?
A. The Interim Final Rule provides that local governments may
transfer ARPA funds to certain entities. These entities include
private non-profit organizations, Tribal organizations, public
benefit corporations involved in the transportation of passengers
or cargo, and special purpose districts that perform specific
functions in the community, such as fire, water, sewer, or mosquito
abatement districts. Local governments who transfer funds to other
entities are known as “recipients” while those that receive the
transfer are known as “subrecipients”.
Q. Nonprofit organizations are eligible to receive transfers and/or
grants/loans to address negative economic impacts. What is the
difference between these two methods?
A. Entities that receive ARPA transfers must abide by ARPA’s
allowable use categories. Entities that receive loans/grants
through ARPA can have more discretion as to how they may use the
funds that are not limited to ARPA’s allowable use categories.
Local governments who are interested in providing loans/grants
should reference the examples provided in the Treasury’s ARPA
guidance.
Q. Are there any special circumstances for local governments to
consider when providing ARPA funds to small businesses and
nonprofits?
A. If your local government decides to provide aid to businesses or
nonprofits, please be aware that additional legal requirements may
apply. For example, the constitutional “public purpose doctrine”
requires that local governments spend all public funds for a public
purpose. See Town of Beloit v. County of Rock, 2003 WI 8. This
means that the expenditure of public funds must be reasonably
connected to a legitimate government aim of public health, safety,
welfare or convenience, and the ultimate gain must be the public’s,
not that of an individual or private entity. To ensure that any
financial contributions your local government makes will be used
for an allowable public purpose, we recommend providing clear
guidelines and directives to subrecipients regarding how and for
what purposes ARPA funds may be spent, requiring some sort of
accounting from subrecipients to show that they have fully
performed these obligations, and maintaining thorough records on
the part of your local government to demonstrate compliance with
both ARPA regulations and the public purpose doctrine. Local
governments should also be aware that whatever aid that is provided
to small businesses and nonprofits must be proportional to the
negative economic impact(s) that they experienced due to the
pandemic. Providing aid grossly more than the negative economic
impact that the aid is addressing is ineligible under ARPA.
Q. Can local governments pool ARPA funds together for regional
projects?
A. Regional projects are permissible under ARPA so long as tracking
of funds can be completed in compliance with reporting and
regulatory requirements. In addition, local governments that
participate in regional projects must ensure that there is a
proportional benefit received in their jurisdiction equal to the
amount of the local government’s contribution into the project
after the project has been completed.
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Financial Handbook Order Form Please complete and return this form
with payment to:
Wisconsin Towns Association, W7686 County Road MMM, Shawano, WI
54166
Name________________________ Town__________________
County________________
Total Enclosed = $_________ *Will ship in 1-2 business days.
$45 +shipping
Proper budgeting, accounting, and reporting practices are necessary
to fund a local government’s priorities and meet its
day-to-day operations. There is now a great resource available to
assist with these
important tasks.
The “Basic Financial Administration for Wisconsin Local
Governments” handbook
focuses on the needs of smaller local governments and addresses the
financial
operational needs of clerks, treasurers, other staff, and governing
bodies. Chapters
include topics such as payroll, budgeting, reconciliations,
purchasing, and municipal
borrowing. Order your copy today!
New Financial Administration Resource
InTowns By: Keith Wohlfert, Contributing Writer
Ambulance services in Adams County had been provided by the local
hospital for decades - back to the earliest days of its existence.
Facing ever- increasing costs, in 2009 the hospital announced it
would be ceasing operation of ambulance services. Through a very
loose arrangement, local communities sought agreements with a
contracted ambulance service. It was costly, but service was
adequate. Service agreements were approved by individual city,
village, and town boards of supervisors.
Then came a dark day in May 2016 when the State of Wisconsin showed
up to shut down the contracted ambulance service for certain
improprieties. Adams County Sheriff’s Office deputies were called
to investigate the situation. Instantly left without ambulance
service, local government officials were scrambling for answers.
Since contracts with the ambulance service had been made
separately, they had no legal standing as a group. Therefore, they
had no authority over the affairs of a now defunct ambulance
service; they were not even permitted entry into the
facility.
As a supervisor for the Town of Adams, at that time Bill Euclide
also served as vice chair for the ambulance service committee. He
presently is serving as Chair for the Adams County Ambulance Board
and has been involved since the first private provider assumed that
responsibility after the local hospital decided to exit the
business. Now, with a crisis on their hands, he and committee chair
Jesse Pittsley immediately got to work to secure contracted
ambulance service from neighboring communities. It was costly to
say the least. At one point affected Adams County communities were
paying by the day for ambulance coverage.
After this experience the group started working to organize a
multi-governmental organization with the legal authority to speak
with one voice for the City of Adams, Village of Friendship, and
six other towns. It took some time and many meetings, but on
September 18, 2018, the Adams County Ambulance Board came into
existence. Initially, eight Adams County communities were part of
the inter-municipal agreement. More recently that agreement has
grown to 10 municipalities to serve approximately 11,500 Adams
County residents.
Ambulance services are housed in a central location in the Village
of Friendship. It’s a paramedic-level service with two ambulances
and on-site crews available around the clock. A third ambulance is
fully stocked. When one ambulance is dispatched, every effort is
made to bring in a back-up crew to ensure two ambulances are always
available for dispatch. They are currently operating with a five-
year contract which expires in 2024.
The Adams County committee looked for existing
Members of the Adams County Ambulance Board include (l-r): Tony
Sindelar, vice chair; Bill Euclide, chair; Judi Bieri, secretary;
and Jesse Pitsley, past chair.
Inter-Municipal Agreements: The Answer to Improved Emergency
Services in Adams County
November 2021 | 27
agreements to use as a template. They ended up writing their
group’s bylaws from scratch. Bill commented, “Seek legal assistance
and take care in setting up your founding documents. It takes time
and leg work, but it is vital to ensure a successful
agreement.”
According to the Adams County Ambulance Board bylaws, participating
communities each have one representative and one vote on the
organization’s board of directors. A super majority of the Board is
required in order to admit a new community that wishes to join the
organization. There are always challenges, but the agreement is
effectively working as designed. The board now meets quarterly, or
as needed. With their authority to speak for the individual
municipalities with one voice, decisions are reached in a more
efficient fashion.
One lesson learned from the Adams County example is that there is
strength in numbers. Due to economies of scale, contracted
ambulance providers are not particularly interested in dealing with
individual towns. “They have to make a profit,” says Bill. “It
takes larger numbers for them to be interested. Without our
inter-municipal agreement, we would struggle to get a single
ambulance provider to even show interest.”
The history of fire service in Adams County Fire District is yet
another example of inter-governmental cooperation. The Adams County
Fire District has existed for many years with good success by
sharing resources for mutual benefit. Their longstanding
agreement among seven municipalities had worked well for annual
budgetary purposes. In time it was agreed that the fire department
had outgrown its current facilities and needed a new building. The
existing agreement did not define how the partnering municipalities
would fund the building.
Everyone wanted their own facilities, and there was some
disagreement about where a new fire station should be located. The
idea of “where” to build was settled when a local farm cooperative
donated land for the site. The individual municipalities set aside
their differences and drafted a new agreement that defined how
building expenses would be shared. At the same time, they set aside
thoughts of what is best for “me” with “what is best for
everyone.”
The new arrangement also made it easier for the Adams County Fire
District board to make decisions on behalf of individual member
communities. This paid dividends when a ladder truck fire engine
came on the market. The Fire District was able to act quickly to
consider and approve the purchase. Without this efficiency, the
purchase opportunity would have been lost.
From these two examples of inter-municipal agreements in Adams
County we see the advantages that can result when communities work
together for a mutual purpose. Their combined efforts have resulted
in improved EMS and fire services for the respective municipalities
and their citizens.
Adams County ambulance services are housed in a central location.
It’s a paramedic-level service with two ambulances and on-site
crews available around the clock. A third ambulance is fully
stocked for back-up purposes.
With the help of their inter-municipal agreement, the Adams County
Fire District was able to build a much-needed new facility. When a
ladder truck fire engine came on the market, the Fire District was
able to act quickly to approve the purchase.
November 2021 | 28
CLASSIFIEDS
FOR SALE - Minimum Bid Amount - $5,000.00 The Town of Adams is
accepting bids for the following: 1993 International Dump Truck,
Mileage: 78,083, Automatic Transmission (5 speed). Features: DTA
466 Diesel Engine, 195 Horsepower, Single Axle, 10ft Box, 11ft
Front Blade, 9ft Wing Blade, Salter/Sander. Submit your bid one of
the following ways: 1. Email your bid to
[email protected]
with “International Dump Truck Bid” in the subject line. 2. Mail
your bid to: Town of Adams, P.O. Box 801, Friendship, WI 53934.
Write **BID** on the outside of the envelope. 3. Bring your bid to
the Adams Town Hall at 1980 11th Ave in Friendship on November 16th
at 7:30pm.
Bids will be reviewed at the Town Board Meeting on November 16,
2021, at 7:30 p.m. The Town of Adams has the option to reject any
and all bids. Contact Dick at 715-572-8546 for additional questions
or to request a showing. $25/month. Email
[email protected] for
complete details.
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